Agenda Packet — Hercules City Council, September 24, 2024

Tuesday, September 24, 2024
6:00 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
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
In-Person in Council Chambers or
Zoom ID: 851 5034 8049
Zoom Passcode: 459074
Zoom Phone Number: 1-669-900-6833
1 September 24, 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 - 6:00 P.M. 1A. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
1B. SPECIAL MEETING - CLOSED SESSION
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

1. 22-964
Pursuant to Government Code Section 54957.6 Conference With Labor Negotiators - City Negotiators: Dante Hall, City Manager; Edwin Gato, Director of Finance; relative to the following employee groups:
a. Teamsters Local 315 Employee Organizations
b. Hercules Police Officers Association

2. 22-965
Conference with Real Property Negotiators pursuant to Gov. Code section 54956.8. CONFERENCE WITH Real Property Negotiators Property address: 1680 Refugio Valley Road, Hercules CA 94547 Agency Negotiators: Dante Hall, City Manager; Christie Crowl, City Attorney Negotiating Parties: City of Hercules, Rodeo Hercules Fire Protection District
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
Mayor Romero would like to acknowledge the Filipino American History Month for the month of October.

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2 September 24, 2024City Council Meeting Agenda
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.

XI. PUBLIC HEARINGS

1. 22-956 Waive first reading and introduce an Ordinance of the City Council of the City of Hercules amending Hercules Municipal Code Sections 13-6.200(3), 13-10.200(3), 13-15.200(1 & 2), 13-16.200(1-3), 13-21.400(2), 13-22.300(1 & 2), 13-23.300(1), 13-24.300(1 & 2) AND 13-25.300(2) to modify the requirement for a planned development plan, to amend Hercules Municipal Code section 13-48.200 to allow a planned development plan to be requested in all zoning overlay districts, and finding the action exempt from the California Environmental Quality Act.

RECOMMENDATION:

Staff recommends that the City Council adopt Ordinance No. 24-XX (Attachment 1) to amend provisions of Hercules Municipal Code Sections 13-6.200(3), 13-10.200(3), 13-15.200(1 & 2), 13-16.200(1-3), 13-21.400(2), 13-22.300(1 & 2), 13-23.300(1), 13-24.300(1 & 2) and 13-25.300(2) to modify the requirement of a Planned Development Plan (PDP) for new and expanded development within the specified zoning and overlay districts, to amend Hercules Municipal Code Section 13-48.200 to allow a PDP process to be requested in all zoning and overlay districts, and finding the actions exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

Staff Report - PDP Removal Text Amend
Attach 1 - Ordinance
Attach 2 - Signed Planning Comm. Reso 24-05.docx
Attach 3 - Zoning and Overlay Maps
Attachments:

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September 24, 2024City Council Meeting Agenda
XII. CONSENT CALENDAR

1. 22-954 Meeting Minutes for the Special Meeting of August 29, 2024 Meeting Minutes for the Special Meeting of August 29, 2024Attachments:

2. 22-955 Meeting Minutes for the Regular Meeting of September 10, 2024 Meeting Minutes for the Regular Meeting of September 10, 2024Attachments:

3. 22-957 Local Vendor Preference Ordinance
RECOMMENDATION:

Waive second reading and adopt Ordinance No.552 (Attachment 1) adding Title 2, Chapter 5, Sections 2-5.01 to 2-5.03 to the Hercules Municipal Code to codify the City’s local vendor preference for the purchase of goods and services.

Staff Report- Local Vendor Preference Ordinance (Second Reading) Attach 1 - Ordinance
Attachments:

4. 22-958 Update the City of Hercules Affordable Housing Policy to Reflect the Recent Density Bonus Revisions to the Hercules Municipal Code RECOMMENDATION:

Update the City of Hercules Affordable Housing Policy to Reflect the Recent Density Bonus Revisions to the Hercules Municipal Code
Staff Report - Affordable Housing Policy
Attach 1 - Resolution - Affordable Housing Policy
Attach 2 - Amended Hercules Affordable Housing Policy
Attach 3 - Density Bonus Ordinance 551
Attachments:

5. 22-959 Conflict of Interest Code Biennial Review
RECOMMENDATION:

Adopt a Resolution amending the City’s Conflict of Interest Code for designated employees, consultants, boards, committees and commissions for the City of Hercules.

Staff Report - Conflict of Interest Amendment 2024
Attach 1 - Resolution with Exhibit A
Attach 2 - Local Agency Biennial Notice
Attachments:

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September 24, 2024City Council Meeting Agenda
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-961 Approval of Update to the West Contra Costa Transportation Advisory Committee (WCCTAC) Joint Power Agreement (JPA) RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving the updated WCCTAC JPA.

Staff Report - WCCTAC JPA Update
Attach 1 - Resolution WCCTAC
Attach 2 - Redline JPA
Attach 3 - Clean Version JPA
Attachments:

2. 22-962 Approval of a Funding Agreement between the City of Hercules and Contra Costa Transportation Authority for Cost Sharing
Commitments to Design & Construct the Countywide Smart Signals Project
RECOMMENDATION:

It is recommended that the City Council approve the Funding Agreement between the City of Hercules and Contra Costa Transportation Authority for cost sharing commitments to design and construct the Countywide Smart Signals Project and authorize the City Manager to execute the Agreement on behalf of the City Council.

Staff Report - Countywide Signal Project Agreement
Attach - 1 - Resolution - Smart Signals Funding Agreement Attach - 2 - Smart Signals Funding Agreement
Attach - 3a - Staff Report - Countywide Signal Project 03262024 Attach - 3b - Presentation - Contra Costa Countywide Smart Signals 03262024 Attachments:

3. 22-960 FY 24-25 Capital Improvement Program Update
RECOMMENDATION:

It is recommended that the City Council receive an update on the status of the FY 24-25 Capital Improvement Program.

Staff Report - Capital Improvement Program Update
Attach 1 - FY 24-25 Adopted CIP Program
Presentation - Capital Improvement Program Update
Attachments:

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5 September 24, 2024City Council Meeting Agenda

4. 22-963 Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference and General Assembly.

RECOMMENDATION:

1. Designate a voting delegate and alternates for the League of California Cities Annual Conference and General Assembly to be held October 16-18th, 2024, in Long Beach, CA.

2. Provide the designated voting delegate direction on the resolution to be considered by the General Assembly.

Staff Report - League of California Cities Voting Delegate Attach 1 - 2024 Cal Cities Voting Delegate Information Packet Attach 2 - 2024 Cal Cities Resolutions Packet
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, October 8, 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: September 18, 2024)

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6 September 24, 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: Members of the public may submit a remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782.

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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7 September 24, 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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8 September 24, 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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9 PUBLIC HEARINGS

AGENDA ITEM

1. 22-956

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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 24, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director SUBJECT: Waive first reading and introduce an Ordinance of the City Council of the City of Hercules amending Hercules Municipal Code Sections 13-6.200(3), 13-

10.200(3), 13-15.200(1 & 2), 13-16.200(1-3), 13-21.400(2), 13-22.300(1 & 2), 13-23.300(1), 13-24.300(1 & 2) AND 13-25.300(2) to modify the requirement for a planned development plan, to amend Hercules Municipal Code section 13-48.200 to allow a planned development plan to be requested in all zoning overlay districts, and finding the action exempt from the California Environmental Quality Act.

RECOMMENDED ACTION:

Staff recommends that the City Council waive first reading and introduce Ordinance No. 24- XX (Attachment 1) to amend provisions of Hercules Municipal Code Sections 13-6.200(3), 13-10.200(3), 13-15.200(1 & 2), 13 -16.200(1–3), 13-21.400(2), 13 -22.300(1 & 2), 13 -

23.300(1), 13-24.300(1 & 2 ) and 13 -25.300(2) to modify the requirement of a Planned Development Plan (PDP) for new and expanded development within the specified zoning and overlay districts, to amend Hercules Municipal Code Section 13-48.200 to allow a PDP process to be requested in all zoning and overlay districts, and finding the actions exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

PLANNING COMMISSION RECOMMENDATION:

On September 3, 2024, at their regularly scheduled meeting, the Planning Commission approved Resolution No. 24-05 (Attachment 2), recommending City Council approval of the proposed Ordinance amending provisions of the Hercules Municipal Code to modify the requirement of a Planned Development Plan (PDP) for new and expanded development 22-956
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within the specified zoning and overlay districts and to allow a PDP process to be requested, but not mandatory, in all zoning and overlay districts.

BACKGROUND:

Overlay Zoning Districts
In addition to the various base zoning districts shown on the City’s Land Use and Zoning Map (Attachment 3), the Municipal Code also includes several overlay districts, which are used to highlight areas in the city that have unique development characteristics. Essentially, an overlay district is a secon dary zoning district applied over one or more underlying or “base” zoning districts.

Each overlay district includes additional development standards and additional findings that must be met for approval, and some overlay districts mandate particular approval processes that the base zone does not require. The proposed removal of the PDP requirement from the base and the applicable overlay districts will not affect the performance standards, which will still be required and which projects can meet without using a PDP.

The 1998 General Plan Land Use Element called for the creation of these overlay zones at a time when many portions of the City had not yet been master-planned or developed, and they were duly written into the zoning code sometime prior to its codification in 2018. The properties affected by the Overlay Districts are defined within the Zoning Ordinance, but the affected parcels had never been mapped and the overlay zone requirements do not appear to have been considered in some prior development approvals.

State law (Government Code 65940.1) requires that all zoning ordinances and development standards that apply to each parcel be available on the City’s website. To meet this requirement, as part of the migration to a new Geographic Information System platform in April 2024, staff took the initiative to map the parcels affected by overlay districts. These included the Historic Overlay District, Special Flood Hazard Area Overlay District, Refugio Creek Overlay District and the Scenic Road and Highway Overlay District. See Attachment 3 for maps of each overlay district. These maps are now posted on the City’s Land Use & Zoning Regulations webpage and are also linked to each parcel record in the GIS.

Mapping the Overlay Districts allows staff to easily access and provide direction to customers of the location of the Overlay Districts and their applicable standards, in order to enforce the applicable zoning code provisions as development occurs.

Planned Development Plans
A Planned Development Plan (PDP) is a customized zoning approval that can modify certain standards of the base zoning district, such as lot size and setbacks, while remaining subject to the purpose, use limitations, density and other standards of the zoning district. Recent projects that have used the PDP process include Owl Ranch and Sycamore Crossing. 12

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The PDP process, as outlined in Hercules Municipal Code Chapter 13-48, may include three (3) review stages: (1) Conceptual; (2) Initial; and (3) Final. The Conceptual stage is optional and intended to provide an informal review of the project. The Initial stage focuses on the review of the subdivision plan and/or the site development plan. During the Initial stage the applicant provides a comprehensive set of documents and condit ions of approval are prepared. The Final PDP stage establishes a set of documents and conditions of approval for the detailed design of buildings and other improvements. The applicant may request that the Initial and Final PDP stages be reviewed concurrently.

Current PDP Requirements
Currently, a PDP is required in the Special Flood Hazard Area Overlay District, Refugio Creek Overlay District, School-Park Overlay District, Special Study Area Overlay District and the Scenic Road and Highway Overlay District. PDPs are also required in several base zoning districts including, but not limited to, Residential Districts (RS-E, RS-L, RM-L, RM-M and RM-H), the Public/Quasi-Public Districts (P/QP-C, P/QP-O, P/QP-P and P/QP-S), the Planned Office-Research and Development Mixed-Use District (PO/RD), and the Planned Commercial Residential Mixed-Use District (PC-R).

The Overlay Districts that require a PDP have a requirement for a PDP for all new and expanded development or when a certain unit number or acreage thre shold is met. The definition of Development in Hercules Municipal Code Section 13-60.200, Definitions, is as follows:
“Development” means any human-made change to improved or unimproved real estate, including but not limited to buildings or other structur es, mining, dredging, filling, grading, paving, excavation or drilling operations.

Pending Applications Affected by PDP Requirement
Although they are not under consideration as part of this action, staff has received development inquiries from Valley Bible Church and from Sutter Health, both of which propose development within the Scenic Road and Highway Overlay District, with the Sutter Health property also located within the PO/RD base zoning district.

Valley Bible Church has inquired about improving one (1) of their existing buildings to slightly increase the building footprint to create a café use and to place an accessory building on their property for storage. Sutter Health is proposing to remodel an existing building and to construct a parking lot.

The City’s review of these development scenarios highlighted the PDP requirements within the Zoning Ordinance. Neither of the projects would benefit from a PDP, as they are not requesting a zoning modification that would warrant a PDP application and process, and the zoning standards can be met without the use of a PDP.
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ANALYSIS:

The City Council must approve all Planned Development Plans, so the requirement for a PDP plan adds time, risk, cost and complexity to projects subject to the requirement, which might otherwise be able to be approved by the Planning Commission. In addition, the City’s draft Housing Element Update identified the PDP requirement in some zones as a constraint on housing development and includes a program to reduce or eliminate the requirements for a PDP in order to promote approval certainty. Staff will be returning with a comprehensive package of additional zoning ordinance amendments to implement the Housing Element following its adoption.

Staff proposes, and the Planning Commission recommends , the removal of the PDP requirement from the Special Flood Hazard Area Overlay District, Refugio Creek Overlay District, School-Park Overlay District, Special Study Area Overlay District and the Scenic Road and Highway Overlay District, Residential Districts (RS-E, RS-L, RM-L, RM-M and RM-H), the Public/Quasi -Public Districts (P/QP -C, P/QP -O, P/QP -P and P/QP -S), the Planned Office-Research and Development Mixed-Use District (PO/RD) and the Planned Commercial Residential Mixed-Use District (PC-R).

Staff also proposes , and the Planning Commission recommends, modifying Hercules Municipal Code Section 13-48.200 to allow applicants to utilize the PDP process regardless of specific zoning designations, unit numbers, or acreage thresholds of the individual zoning districts. This will continue to allow applicants to utilize the PDP process to develop customized standards for a particular project, if desired, while providing the ability to improve property through the conventional use permit and design review processes, without mandating the PDP process.

Pursuant to Chapter 13-48, Planned Development Plans, an applicant may use the PDP process to propose development standards that deviate from the zoning district; however, the proposal must remain consistent with the intent of the General Plan and Zoning Ordinance. Further, a PDP may only include uses and densities that are already permitted in the subject zoning district. These requirements would remain in place.

ENVIRONMENTAL DETERMINATION
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. It can be seen with certainty that there is no possibility that the ordinance would result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.

Further, none of the circumstances described in CEQA Guidelines Section 15300.2 applies.

FISCAL IMPACT OF RECOMMENDATION:
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There are no direct fiscal impacts associated with this item.

ATTACHMENTS:

Attachment 1 – Draft Ordinance
Attachment 2 – Planning Commission Resolution 24-05
Attachment 3 – Zoning and overlay maps
15 Ordinance No. ___

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CITY OF HERCULES ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF HERCULES MUNICIPAL CODE SECTIONS 13-6.200(3), 13 -

10.200(3), 13 -15.200(1 & 2), 13 -16.200(1-3), 13 -21.400(2), 13 -22.300(1 & 2), 13 -

23.300(1), 13 -24.300(1 & 2 ) AND 13 -25.300(2) TO MODIFY THE REQUIREMENT

FOR A PLANNED DEVELOPMENT PLAN, TO AMEND HERCULES MUNICIPAL CODE SECTION 13 -48.200 TO ALLOW A PLANNED DEVELOPMENT PLAN TO BE

REQUESTED IN ALL ZONING AND OVERLAY DISTRICTS AND FINDING THE

ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

WHEREAS, the Planned Development Plan process allows an applicant to propose development standards that deviate from the zoning district, provided the Planned Development Plan remain s consistent with the intent of the General Plan and Zoning Ordinance and inc ludes only uses and densities that are already permitted in the subject zoning district; and
WHEREAS, several Hercules Overlay Districts and Zoning Districts require the Planned Development Plan process prior to any development of the property; and WHEREAS, Hercules Municipal Code Chapter 13 -60 defines Development as “…any human-made change to improved or unimproved real estates, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations…”; and
WHEREAS, the Planned Development Plan process places an undue burden on an applicant who is proposing a development and not requesting to deviate from the development standards of the applicable zoning or overlay district; and WHEREAS, the Hercules Municipal Code can be amended to allow the Planned Development Plan process to be utilized where appropriate and when requested to modify the development standards for a proj ect from those of the base zone and to allow applicants to utilize this process where and when it is warranted; and WHEREAS, this ordinance (“Ordinance”) amends Hercules Municipal Code Sections 13-6.200(3), 13 -10.200(3), 13 -15.200(1 & 2), 13 -16.200(1-3), 13-21.400(2), 13-22.300(1 & 2), 13 -23.300(1), 13 -24.300(1 & 2 ) and 13-25.300(2) to remove the Planned Development Plan requirements and Hercules Municipal Code Section 13 -

48.200 to allow a PDP process to be requested in all zoning and overlay districts; and WHEREAS, the Planning Commission did hold a properly noticed pub lic hearing on September 3 , 2024 to consider the proposed Ordinance and did hear and use its 16 Ordinance No. ___

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independent judgement to consider all said reports, recommendations and testimony hereinabove set forth; and
WHEREAS, the Planning Commission at its September 3, 2024 meeting passed Resolution #24-05 recommending City Council adopt the proposed Ordinance; and WHEREAS, on September 24, 2024, the City Council held a duly noticed public hearing to c onsider the proposed Ordinance related to Planned Development Plan requirements, received the staff report and staff presentation, received comments from the public and interested parties and discussed the matter , and waived the first reading and introduced the Ordinance; and
WHEREAS, at its regular meeting on _____________, the City Council voted to waive second reading and adopt the Ordinance;
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUN CIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council hereby incorporates them into this Ordinance by this reference as findings.

SECTION 2. Findings. In accor dance with Hercules Municipal Code Section 13 -

53.300, the City Council hereby finds:

A. The proposed Ordinance is consistent with the General Plan. All amendments contained in Section 2 below are consistent with the General Plan as they merely remove the requirement to complete the Planned Development Plan approv al process in overlay zones while mai ntaining the option to apply for the process.

B. The proposed Ordinance would not be det rimental to the health, safety, welfare, and public interest of the City. The Ordinance is intended to streamline desired development consistent with the underlying Zoning Code by removing the requirement for Planned Development Plan approval in the overlay zones. It is in the public interest of the City to encourage development consistent with the Zoning Ordinance.

C. The proposed amendment is internally consistent and does not conflict with the purposes, regulations, and re quired findings of the Zonin g Ordinance.

The Ordinance removes the Planned Development Plan process requirement in the overlay zones and serves to en hance the purpose of the Zoning Ordinance to promote well-balanced growth and development.

SECTION 3. Amendment. Deletions to the Hercules Municipal Code are shown in strikethrough. Additions are shown in bold/un derline. T he City Council of the City of Hercules does hereby amend Hercules Municipal Code Sections 13-6.200(3), 13 - 17 Ordinance No. ___

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10.200(3), 13 -15.200(1 & 2), 13 -16.200(1–3), 13 -21.400(2), 13 -22.300(1 & 2), 13 -

23.300(1), 13-24.300(1 & 2), 13-25.300(2) and 13-48.200 to read as follows:

Hercules Municipal Code
TITLE 13. ZONING ORDINANCE
Chapter 13-6. Residential Districts
Sec. 13-6.200 Review of Plans and General Conditions.

3. Major residential subdivisions and multifamily projects of 10 units or more shall require a planned development plan as per Chapter 13-48.

Chapter 13-10. Public/Quasi-Public District
Sec. 13-10.200 Review of Plans and General Conditions.

3. Public and quasi-public development projects of 5 acres or more shall require a planned development plan as per Chapter 13-48. Open space areas to be maintained in open space without development of facilities other than trails and paths are not required to submit a planned development plan.

Chapter 13-15. PC-R Planned Commercial Residential Mixed-Use District Sec. 13-15.200 Review of Plans and General Conditions.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review, and Chapter 13-48, Planned Development Plans.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. Subdivision or partial development of any properties within this district shall not be approved until a planned development plan for full development of the property has been reviewed and approved.

Chapter 13-16. PO/RD Planned Office-Research and Development Mixed-Use District
Sec. 13-16.200 Review of Plans and General Conditions.
18 Ordinance No. ___

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1. All new and expanded development shall be subject to Chapter 13-42, Design Review, and Chapter 13-48, Planned Development. Subdivision or partial development of any properties within this district shall not be approved until a planned development plan for full development of the property has been reviewed and approved.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. The planned development plan for properties in this district shall also include provisions for sewer capacity and other infrastructure, access to public streets, adequate parking, architectural guidelines or controls, and landscaping.

3. A hazardous materials management plan for the facility is to be prepared as part of the Design Review planned development plan to regulate use of hazardous materials within the facility and to provide for the storage and disposal of small amounts of hazardous wastes that may be generated. An emergency response program is required to be part of the management plan.
19 Ordinance No. ___

Page 5 of 7 ends

Chapter 13-21. F Special Flood Hazard Area Overlay District Sec. 13-21.400 Review of Plans and General Conditions.

2. All new and expanded uses within the special flood hazard area overlay district shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit.

Chapter 13-22. Refugio Creek Overlay District
Sec. 13-22.300 Review of Plans and General Conditions.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review, and Chapter 13-48, Planned Development.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit.

Chapter 13-23. School-Park Overlay District
Sec. 13-23.300 Review of Plans and General Conditions.

1. All new and expanded development shall be subject to Chapter 13-48, Planned Development. In addition, all new and expanded development shall be required to be subject to the plan review and permit conditions of the land use zoning district and other overlay districts designated for the property.

Chapter 13-24. Special Study Area Overlay District
Sec. 13-24.300 Review of Plans and General Conditions.

1. Combined or separate planned development plans for Special Study Area No. 1 and Special Study Area No. 2 shal l be submitted to the Community Development Department and adopted by the City prior to approval of any use permits or building permits within these areas.

12. All new and expanded development shall be subject to the plan review and permit conditions of the land use zoning district designated for the property.

Chapter 13-25. Special Study Area Overlay District
Sec. 13-25.300 Review of Plans and General Conditions.

2. All new and expanded development shall be subject to Chapter 13-48, Planned Development. All new and expanded uses shall be consistent with an adopted planned 20 Ordinance No. ___

Page 6 of 7 ends

development plan for the property and shall require an administrative or conditional use permit.

Chapter 13-48. Planned Development Plans

Sec. 13-48.200 Application and Applicability.

A planned development plan shall may be prepared for developments and subdivisions within zoning and overlay districts specified in Division II of the Zoning Ordinance.

Development design may deviate from the standards of a zoning district to the extent that the planned development plan is consistent with the intent of the General Plan and Zoning Ordinance. A planned development plan shall include only uses and densities permitted in the zoning district in which the planned development plan is located.

All proposals for subdivision or development within zoning districts requiring that include a planned development plans shall be required to submit a planned development plan application concurrently with other applications. There are 3 potential stages in the review process which are outlined below and include the following: (1) conceptual; (2) initial; and (3) final. The final stage includes design review as established in Chapter 13-42.

The final planned development plan encompasses the detailed building, landscaping, signage, and exterior lighting design of the project. Final planned development plans shall consist of both use permit and design review approval along with sufficient plans and exhibits to document all project features and conditions. The final planned development plan and design review must be approved prior to building permit issuance.

SECTION 4. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) – Common Sense Exemption in tha t the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. It can be seen with certainty that t here is no possibility that the ordinance will result in ei ther a direct physical change to the environment or a r easonably foreseeable indirect physical change to the environment.

Further, none of the circumstances described in CEQA Guidelines § 15300.2 applies.

No unusual circumstances are present. This determin ation reflects the City of Hercules’ independent judgment and analysis.

SECTION 5. The Ordinance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as the proposed Ordinance will co ntinue to 21 Ordinance No. ___

Page 7 of 7 ends

provide the Planned Development Plan as an option to applicants to utilize for property development in all overlay districts and zones;

SECTION 6. The Hercules City Council has reviewed, considered, and evaluated all of the information prior to acting upon Ordinance.

SECTION 7. S everability. 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 decla res 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 8. Codification. Section 3 of this Ordinance shall be codified in the Hercules Municipal Code. Sections 1 and 2 and 4 through 9 shall not be so codified.

SECTION 9. Effective Date and Publication. The City Clerk shall certify 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 o n the 24th day of September, 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

22 Planning Commission Resolution 24-05
Planned Development Plan Text Amendment

Page 1 of 2 ends

HERCULES PLANNING COMMISSION
RESOLUTION NO. 24-05

A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY

COUNCIL ADOPT AN ORDINANCE AMENDING PROVISIONS OF HERCULES MUNICIPAL CODE SECTIONS 13-6.200(3), 13-10.200(3), 13-15.200(1 & 2), 13-16.200(1- 3), 13-21.400(2), 13-22.300(1 & 2), 13-23.300(1), 13-24.300(1 & 2) AND 13-25.300(2) TO

MODIFY THE RE QUIREMENT OF A PLANNED DEVELOPMENT PLAN , TO AMEND HERCULES MUNICIPAL CODE SECTION 13 -48.200 TO ALLOW A PLANNED

DEVELOPMENT PLAN TO BE REQUESTED IN ALL ZONING AND OVERLAY

DISTRICTS, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

WHEREAS, several Hercules Overlay Districts and Zoning Districts require the Planned Development Plan process prior to any development of the property; and

WHEREAS, Hercules Municipal Code Chapter 13 -60 defines Development as “…any human -made change to improved or unimproved real estates, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations…”; and

WHEREAS, the Planned Development Plan process places an undue burden on an applicant who is proposing a development and not requesting to deviate from the development standards of the applicable zoning or overlay district; and

WHEREAS, the Hercules Municipal Code can be amended to allow the Planned Development Plan process to be utilized where appropriate and when requested to modify the development standards for a project from those of the base zone and to allow applicants to utilize this process where and when it is warranted; and

WHEREAS, on September 3, 2024, the Planning Commission held a duly noticed public hearing to consider these amendments and did hear and use its independent judgment to consider all said reports, recommendations, and testimony hereinabove set forth.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Hercules recommends that the City Council:

1. Find that this draft ordinance (Attachment 1a hereto) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) – Docusign Envelope ID: 06747054-0E10-432D-9BA2-8DA65939C8BB 23 Planning Commission Resolution 24-05
Planned Development Plan Text Amendment

Page 2 of 2 ends

Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new constructio n or other groundbreaking activities. It can be seen with certainty that there is no possibility that the ordinance will result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. F urther, none of the circumstances described in CEQA Guidelines § 15300.2 applies. No unusual circumstances are present. This determination reflects the City of Hercules’ independent judgment and analysis.

2. Amend Hercules Municipal Code Sections 13-6.200(3), 13-10.200(3), 13-15.200(1 & 2), 13-16.200(1–3), 13-21.400(2), 13-22.300(1 & 2), 13-23.300(1), 13-24.300(1 & 2) and 13-25.300(2) to modify the requirement of a Planned Development Plan (PDP) for new and expanded development within the specified Zoning and Overlay Districts and to amend Hercules Municipal Code Section 13 -48.200 to allow a PDP process to be requested in all zoning and overlay districts as noted by the additions and deletions shown in Attachment 1a hereto.

PASSED AND ADOPTED by the Planning Commission of the City of Hercules on this 3rd day of September 2024, by the following vote:

AYES: Schaufenbil, Morrison, Rubio, Most-Walker, and Bhattarai NOES: none
ABSTAIN: none
ABSENT: none

Robert Schaufenbil, Chair

ATTEST:

Timothy Rood, AICP
Community Development Director

Attach 1a: Draft Ordinance amending Hercules Municipal Code Title 13, Chapters 6, 10, 15, 16, 21, 22, 23, 24, 25 and 48
Docusign Envelope ID: 06747054-0E10-432D-9BA2-8DA65939C8BB 24 Hercules Land Use and Zoning (2019)

SINGLE FAMILY ESTATE (RS-E)

RESIDENTIAL SINGLE FAMILY LOW DENSITY (RS-L)

RESIDENTIAL MULTI FAMILY LOW DENSITY (RM-L)

RESIDENTIAL MULTI FAMILY MEDIUM DENSITY (RM-M)

PLANNED COMMERCIAL RESIDENTIAL MIXED USE DISTRICT (PC-R)

NEW TOWN CENTER (NTC)

COMMUNITY COMMERCIAL (CC)

GENERAL COMMERCIAL (CG) (GC)

PLANNED OFFICE RESEARCH AND DEVELOPMENT (PO/RD)

PUBLIC CITY (P/QP-C)

PUBLIC/QUASI-PUBLIC SCHOOL (P/QP-S)

PUBLIC PARK (P/QP-P)

PUBLIC OPEN SPACE (P/QP-O)

FRANKLIN CANYON AREA

HISTORIC TOWN CENTER (HTC)

NEW PACIFIC PROPERTIES SPECIFIC AREA PLAN

WATERFRONT COMMERCIAL (WC)
City of Hercules
Land Use and Zoning Map
25 26
27 28
29 30
CO

NSENT CALENDAR

AGENDA ITEMS

1. 22-954

2. 22-955

3. 22-957

4. 22-958

5. 22-959
31 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
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
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
6:00 PMThursday, August 29, 2024

SPECIAL MEETING
In-Person in Council Chambers or To Watch or Listen only:

Zoom ID: 814 3484 7264 Zoom Passcode: 564997
Zoom Phone Number: 1-669-900-6833
I. CLOSED SESSION – CALL TO ORDER - ROLL CALL - NONE
None
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS - NONE
None
III.

CONVENE INTO CLOSED SESSION - NONE
NONE
IV. SPECIAL MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 6:00 P.M.

Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey

Present: 5 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION - NO CLOSED SESSION NONE
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Vice Mayor Bailey.

VII. MOMENT OF SILENCE
NONE

Page 1 ends

22-954
32 August 29, 2024City Council Meeting Minutes
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
NONE
IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
NONE
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.

XI. PUBLIC HEARINGS
NONE
XII. CONSENT CALENDAR
NONE
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-932
Service Levels for Victoria by the Bay Landscaping and Lighting Assessment District (Continued from the July 23, 2024 Council Meeting) RECOMMENDATION:

It is recommended the City Council provide direction to City Staff by minute order on the timing of the service level reductions for the residential parkway strips in the Victoria by the Bay Landscaping and Lighting Assessment District (LLAD), which Staff recommends begin on September 30, 2024.

Staff Report - FY 2024-25 VBTB
Attach 1 - July 23, 2024 Victoria LLAD Staff Report (Continued) Attach 2 - June 25, 2024 Victoria LLAD Staff Report
Attach 3 - Engineers Report - L2002-1-2425 FER Continued PHv2 Attachments:

City Manager, Dante Hall, Introduced the item. Public Works Director, Mike Roberts, presented. Francisco and Associates attended via Zoom to answer any questions. Council asked questions and provided comment.

Page 2 ends

33 August 29, 2024City Council Meeting Minutes
Director Roberts and City Manager Hall provided a response. Mayor Romero called a five minute recess. Meeting reconvened and comments and questions from Council continued. Finance Director, Edwin Gato, provided a response. No public comment. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Bailey, seconded by Council Member Walker-Griffin, to deny Staff's recommendation. Council requested Staff to provide an overview of all Lighting Landscaping Districts (LLADs). Allow Staff to continue discussions with Victoria by the Bay and Alexandria By the Bay Home Owners Associations and report back in January . The motion carried by the following vote:

Aye: Council Member T. Grimsley, Council Member A. Walker-Griffin, and Vice Mayor D.

Bailey
3 -
Nay: Council Member C. Kelley, and Mayor D. Romero2 -
XIV. PUBLIC COMMUNICATIONS
NONE
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

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

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

AND FUTURE AGENDA ITEMS
There were no announcements or reports provided by the City Manager, City Attorney or Council Members.

Future Agenda Item Requests-
Vice Mayor Bailey requested a future discussion on staff allocation as it relates to Lighting and Landscape Districts. This item is currently on the Future Agenda Items for the September 24, 2024 City Council meeting.

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

Page 3 ends

34 August 29, 2024City Council Meeting Minutes
XVI. ADJOURNMENT
Mayor Romero adjourned the meeting at 7:12 P.M.
_________________________________
Dan Romero, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

Page 4 ends

35 CONSENT CALENDAR

AGENDA ITEM

2. 22-955

36 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
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
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
6:00 PMTuesday, September 10, 2024
In-Person in Council Chambers or
Zoom ID: 884 9819 8023
Zoom Passcode: 461396
Zoom Phone Number: 1-669-900-6833
I. CLOSED SESSION – CALL TO ORDER - ROLL CALL - 6:00 P.M. 1A. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
1B. SPECIAL MEETING - CLOSED SESSION
Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey

Present: 5 -
II.

PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
Meeting went into Recess
The Hercules City Council will meet in Closed Session regarding the following:

1. 22-944 Pursuant to Government Code Section 54957.6 Conference With Labor Negotiators - City Negotiators: Dante Hall, City Manager; Edwin Gato, Director of Finance; relative to the following employee groups:
a.

Teamsters Local 315 Employee Organizations
b. Hercules Police Officers Association
c. Hercules Senior Manager Employee Group
d. Confidential Unrepresented Employee Group

Page 1 ends

22-955
37 September 10, 2024City Council Meeting Minutes
e. Mid Management Employee Group
City Attorney, Christie Crowl, read aloud the title of the Closed Session item to be discussed. City Council and Staff recessed into Closed Session.

IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey

Present: 5 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
There was no final or reportable action on the item discussed in Closed Session.

VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Council Member Walker-Griffin.

VII. MOMENT OF SILENCE
Mayor Romero requested a Moment of Silence for Wilbert Shaw and Joseph Padilla.

VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
Mayor Romero would like to acknowledge the following for the Month of September National Hispanic Heritage Month September15th - October 15th Mexican Independence Day - September 16th, 2024
National Falls Prevention Awareness Week September 18th-22nd Mayor Romero recognized the listed dates for the Month of September.

1. 22-935
Proclamation- Patriot Day
Patriot Day(9/11 Day of Remembrance) ProclamationAttachments:

Mayor Romero read the proclamation and presented it to Chief Joseph Vasquez. Chief Vasquez provided comment. Council provided comment.

2. 22-938 Recyclemore Post Collection Agreement Presentation Presentation - Hercules Draft RFP and PCAAttachments:

Peter Holtzclaw, Executive Director from Recyclemore, attended via Zoom and presented. Council asked questions and provided comment. No public comment. No action was taken on this item.

IX. AGENDA ADDITIONS/DELETIONS
NONE

Page 2 ends

38 September 10, 2024City Council Meeting Minutes
X. PUBLIC COMMUNICATIONS
NONE
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.

XI. PUBLIC HEARINGS

1. 22-937
Local Vendor Preference Ordinance
RECOMMENDATION:

Waive first reading and approve for introduction Ordinance (Attachment 1) adding Title 2, Chapter 5, Sections 2-5.01 to 2-5.03 to the Hercules Municipal Code to codify the City’s local vendor preference for the purchase of goods and services.

Staff Report - Local Vendor Preference Ordinance
Attach 1 - Ordinance
Attach 2 - June 25, 2024 Staff Report - Local Business Preference Attachments:

City Attorney, Christina Lawrence, introduced and presented the item.

Council asked questions and provided comment. City Attorney Lawrence and City Attorney Crowl provided a response. Mayor Romero opened the Public Hearing. No public comment. Mayor Romero closed the Public Hearing. Action was taken on this item.

MOTION: A motion was made by Council Member Walker-Griffin, seconded by Vice Mayor Bailey, to adopt Ordinance 552. The motion carried by the following vote:

Aye: Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey 5 -
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Walker-Griffin, seconded by Council Member Kelley, to adopt the Consent Calendar. The motion carried by the following vote:

Aye: Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey 5 -

1. 22-936
Meeting Minutes for the Regular Meeting of July 23, 2024 Meeting Minutes for the Regular Meeting of July 23, 2024Attachments:

Page 3 ends

39 September 10, 2024City Council Meeting Minutes

APPROVED

2. 22-942 Accept the Investment Report for the Quarter Ending June 30, 2024 RECOMMENDATION:

Accept the Investment Report for the Quarter Ending June 30, 2024 Investment Quarterly Report Ending June 30, 2024
Attach 1 - Quarterly Investment Report
Attachments:

APPROVED

3. 22-943 Authorization to Extend the Audit Services with The Pun Group for three years ending June 30, 2025, June 30, 2026, and June 30, 2027, with the option to extend for an additional two fiscal years.

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to Execute a three-year agreement for independent auditing services with the Pun Group with the option to extend for an additional two fiscal years.

Staff Report - Audit Services Contract Extension
Attach 1 - Resolution
Attach 2 - The Pun Group Proposal
Attachments:

RESOLUTION 24-057 APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-941 Approval of updated contract with Jarvis Fay LLP for legal services confirming firm name change and Christie Crowl as City Attorney RECOMMENDATION:

Staff recommends that the City Council adopt Resolution (Attachment 1) approving an updated contract for legal services which confirms the firm’s name change and that Christie Crowl will serve in the role of City Attorney following Patrick Tang’s retirement.

Staff Report - City Attorney's Office contract
Attach 1 - Resolution
Exhibit A - Legal Services Agreement 9-1-24
Attachments:

City Manager, Dante Hall, introduced and presented the item. City Attorney, Christie Crowl, introduced herself and provided some background. No comment was provided by Council. No public comment.

Action was taken on this item.

MOTION: A motion was made by Vice Mayor Bailey, seconded by Council Member Grimsley, to adopt Resolution 24-058. The motion carried by the following vote:

Page 4 ends

40 September 10, 2024City Council Meeting Minutes

Aye: Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey 5 -

2. 22-940 Authorization for the City Manager to sign the Transition Services Department Student Work Agreement
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt a resolution establishing a Student Work Agreement in the WCCUSD Transition Services Department; and

2. Authorize the City Manager to sign the Student Work Agreement for a period of September 2024 through July 2025
Staff Report - Transition Services Agreement with WCCUSD Attach 1 - Resolution - Transition Services Student Workers Attach 2 - WCCUSD Contract 2024-25
Attachments:

Parks and Recreation Director, ChristopheR Roke, introduced and presented the item. Council asked questions and provided comment.

Director Roke provided a response. No public comment. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Bailey, seconded by Council Member Kelley, to adopt Resolution 24-059. The motion carried by the following vote:

3. 22-939
Designate the position of Human Resources Manager as the City’s Primary Board Member and the position of City Clerk as the Alternate Board Member to the Municipal Pooling Authority (MPA)
RECOMMENDATION:

Staff recommends adopting a Resolution designating the position of Human Resources Manager as the City’s Primary Board Member to the Municipal Pooling Authority (MPA) and the position of City Clerk as the Alternate Board Member.

Staff Report - MPA Board Member
Attach 1 - Resolution- MPA Board Member
Attachments:

City Clerk, Eibleis Melendez, introduced and presented the item. Council asked questions. City Manager, Dante Hall, provided a response. No public comment. Action was taken on this item.

MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt Resolution 24-060. The motion carried by the following vote:

Aye: Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey 5 -
XIV. PUBLIC COMMUNICATIONS
NONE

Page 5 ends

41 September 10, 2024City Council Meeting Minutes
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

1. Regional Committee

2. City Council Committees and Subcommittees

3. Commission Liaisons
No announcements were provided by the CIty Manager or City Attorney

1.Regional Committee
Council Member Kelley reported out on the Contra Costa Mayors Conference

2.City Council Committees and Subcommittees
No reports were provided

3. Commission Liaisons
No reports were provided
Community Events-
No announcements or reports were provided
Future Agenda Items-
Vice Mayor Bailey requested a discussion of reducing Staff cost by 30% across the Landscaping and Lighting Districts at the 5 and 10 year mark.

This Item will come back to Council on October 8, 2024.

Page 6 ends

42 September 10, 2024City Council Meeting Minutes
XVI. ADJOURNMENT
Mayor Romero closed the meeting in honor of Joseph Padilla at 8:14 p.m. _________________________________
Dan Romero, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

Page 7 ends

43 CO

NSENT CALENDAR

AGENDA ITEM

3. 22-957
44 REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 24, 2024
TO: Mayor and Members of the City Council
SUBMITTED BY: Christie Crowl, City Attorney
Christina Lawrence, Special Counsel
SUBJECT: Local Vendor Preference Ordinance
RECOMMENDED ACTION:

BACKGROUND:

At its June 25, 2024 regular meeting, the City Council directed staff and the City Attorney’s office to prepare an ordinance to incorporate the City’s existing local vendor preference, as set forth in the City’s Purchasing Guidelines, into the City’s Municipal Code. At its September 10, 2024 regular meeting, the City Council waived first reading and introduced the proposed ordinance with a vote of 5-0.

ANALYSIS:

The City’s Purchasing Guidelines, adopted September 10, 2019, include a local vendor preference that applies to City purchases of goods and services, excluding public works and federally-funded procurements. Local vendors contribute to the economic health of the City and to the quality of life of the City’s citizens. Thus, the City encourages the growth of local vendors by means of increasing the participation of these vendors in the City’s purchase of goods and services.

Since adoption of the Purchasing Guidelines in 2019, staff is not aware of any situations in which the local preference has been implemented or applied. In order to better integrate the preference into the City’s purchasing practices, the City Council has indicated its intent to adopt the local vendor preference by ordinance, so that it can be 22-957
45 codified in the City’s Municipal Code. The attached ordinance reflects the City’s existing local vendor preference with the following minor modifications, for purposes of codification in the Municipal Code:

1. The preference in the City’s Purchasing Guidelines includes an exclusion for federal grant funded purchases that relies on defined terms used in the City’s Purchasing Guidelines. For simplicity, staff and the City Attorney’s office propose to incorporate an exclusion for both state and federal grant funded purchases directly into the language of the preference without the use of defined terms.

2. The preference in the City’s Purchasing Guidelines includes a reference to “proposals or quotes,” but otherwise refers to “quotes” throughout the remainder of the preference. Staff and the City Attorney’s office propose deletion of the reference to “proposals” for consistency with the remainder of the preference.

3. The preference in the City’s Purchasing Guidelines states that it applies when two or more quotes are “the same, in unit, quality, service, and total cost.” Staff and the City Attorney’s office propose to clarify that the preference applies when two or more quotes are “comparable in unit, quality, and service,” without reference to “total cost” since the reference to “total cost” is ambiguous in the context of the preference.

4. The preference in the City’s Purchasing Guidelines provides that preference “should be given” to a local vendor if certain criteria are met. Staff and the City Attorney’s office propose to revise the language to provide that preference “may be given” to a local vendor if certain criteria are met in order to afford greater flexibility in the City’s purchasing decisions.

Staff and the City Attorney’s office present for adoption an ordinance adding the City’s local vendor preference to the Hercules Municipal Code as Title 2, Chapter 5, Sections 2-5.01 to 2-5.03.

FISCAL IMPACT:

There are no direct fiscal impacts associated with this item.

ATTACHMENTS:

1. Ordinance No. 552

2. Report to the City Council from the September 10, 2024 Meeting

46 Ordinance No. 552

Page 1 of 4 ends

HERCULES CITY COUNCIL
ORDINANCE NO. 552

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES ADDING TITLE 2, CHAPTER 5, SECTIONS 2-5.01 TO 2-5.03 TO THE HERCULES MUNICIPAL CODE TO CODIFY THE CITY’S LOCAL VENDOR PREFERENCE FOR THE

PURCHASE OF GOODS AND SERVICES

WHEREAS, on September 10, 2019, the City of Hercules (“City”) adopted Purchasing Guidelines, including a local vendor preference that applies to City purchases of goods and services; and

WHEREAS, local vendors contribute to the economic healt h of the City and to the quality of life of the City’s citizens , and thus, the City encourages the growth of local vendors by means of increasing the participation of these vendors in the City’s purchase of goods and services; and

WHEREAS, strategies th at promote the use of local vendors help create a sustainable economy, preserve local business, strengthen employment, and retain local dollars within the community; and

WHEREAS, this ordinance (“Ordinance”) adds the City’s local vendor preference to the Hercules Municipal Code, which will ensure that the preference is integrated into the City’s purchasing practices; and

WHEREAS, adoption of this Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidel ines section 15061(b)(3) because it can be seen with certainty that it will have no impact on the environment because it authorizes no construction and is instead an administrative policy; and

WHEREAS, on September 10, 2024, the City Council held a duly n oticed public hearing to consider the proposed Ordinance related to the City’s local vendor preference, received the staff report and staff presentation, received comments from the public and interested parties , discussed the matter , and waived first readi ng and introduced the proposed Ordinance with a vote of 5-0; and

WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

47 Ordinance No. 552

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

SECTION 2. Amendment. The City Council of the City of Hercules hereby adds Chapter 5, Local Vendor Preference, Sections 2-5.01 to 2 -5.03 to Title 2 (Administration) of the Hercules Municipal Code, which reads as follows:

Hercules Municipal Code

TITLE 2. ADMINISTRATION

Chapter 5. Local Vendor Preference

2-5.01 Title
2-5.02 Purpose
2-5.03 Local Vendor Preference

Sec. 2-5.01 Title

This Chapter shall be known as “Local Vendor Preference.”

Sec. 2-5.02 Purpose

Local vendors contribute to the economic health of the City and to the quality of life of the City’s citizens. The purpose of this Chapter is to encourage the growth of local vendors by means of increasing the participation of these vendors in the City’s purchase of goods and services.

Sec. 2-5.03 Local Vendor Preference

For the purchase of goods or services, excluding public works contracts and state or federal grant funded purchases, when two or more quotes are comparable in unit, quality, and service, preference may be given to the vendor who operates within the planning area as defined in the City’s General Plan if the quote for services or taxable goods is:

(a) less than $10,000 and is within 5% of the lowest quote;

(b) more than $10,000 up to $500,000 and is within 3% of the lowest quote;

Page 3 of 4 ends

(d) more than $1,000,000 and within 1% of the lowest quote.

SECTION 3. CEQA. The City Counc il finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ( “CEQA”) pursuant to CEQA Guidelines § 15061(b)(3) – Common Sense Exemption in that the proposed Ordinance would only establish administrative processes and wo uld not facilitate new construction or other groundbreaking activities. It can be seen with certainty that t here is no possibility that the Ordinance will result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.

SECTION 4. No Conflict. This Ordinance is not intended to create any requirement, power, or duty that is in conflict with any federal or state law.

SECTION 5. S everability. 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, subsectio n, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.

SECTION 6. Codification. Section 2 of this Ordinance shall be codified in the Hercules Municipal Code.

SECTION 7. Publication and Effective Date. The City Clerk shall certify the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective 30 days from the date of final adoption.

The foregoing O rdinance was first read and introduced at a regular meeting of the Hercules City Council o n the 10th day of September 2024, and was passed and adopted at a regular meeting of the Hercules City Council on the 24th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dan Romero, Mayor

Eibleis Melendez, City Clerk
49 Ordinance No. 552

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50 CO

NSENT CALENDAR

AGENDA ITEM

4. 22-958
51

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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 24, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director SUBJECT: Update the City of Hercules Affordable Housing Policy to Reflect the Recent Density Bonus Revisions to the Hercules Municipal Code RECOMMENDED ACTION:

Staff recommends that the City Council adopt Resolution No. 24-XX (Attachment 1) amending the City of Hercules Affordable Housing Policy (Attachment 2) to reflect the Density Bonus text amendment, approved and adopted by the City Council, via Ordinance 551, on April 9, 2024 (Attachment 3).

BACKGROUND:

The City of Hercules adopted the Affordable Housing Policy (Resolution No. 21 -010) on February 23, 2021. At that time, the City had an interest in creating a policy to provide guidance on the administration and monitoring of future affordable units to confirm appropriate management practices and to ensure their continued affordability. On April 9, 2024, the City adopted zoning amendments to adopt State Density Bonus Law by reference in the Municipal Code. As a result, several references within the Policy are no longer correct. This Policy update addresses these inconsistencies, making the Policy consistent with state law and the Municipal Code.

ANALYSIS:

Changes proposed to the Affordable Housing Policy are shown as a strikethrough for removal and bold and underlined for additions. The changes are in response to the adoption of the Density Bonus zoning amendment approved through Ordinance 551 .

Changes include modifications to the Density Bonus Chapter and Section references, as 22-958
52

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well as references to the State Government Code. Definitions have also been updated.

The guidance that the Policy provides has not been modified, rather the specific references to the Density Bonus standards that no longer exist have been updated.

ENVIRONMENTAL DETERMINATION
The updated policy is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed policy update would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. It can be seen with certainty that there is no possibility that the policy update would result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to t he environment. Further, none of the circumstances described in CEQA Guidelines Section 15300.2 applies.

FISCAL IMPACT OF RECOMMENDATION:

There are no direct fiscal impacts associated with this item.

ATTACHMENTS:

Attachment 1 – Draft Resolution
Attachment 2 – Amended Hercules Affordable Housing Policy Attachment 3 – Ordinance No. 551 – Density Bonus

53 CITY OF HERCULES RESOLUTION NO. 24-____

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

AMENDING THE CITY OF HERCULES AFFORDABLE HOUSING POLICY TO

REFLECT RECENT DENSITY BONUS UPDATES TO THE HERCULES MUNICIPAL

CODE AND FINDING THE ACTIO N EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

WHEREAS, the City of Hercules Affordable Housing Policy was adopted by Resolution No. 21 -010 on February 23, 2021 , to address how affordable housing units are made available and monitored to e nsure compliance with local and State requirements; and
WHEREAS, the City Council approved Ordinance 551 on April 9, 2024, which revised certain Density Bonus standards in the Hercules Municipal Code to comply with the State Density Bonus Law; and
WHEREAS, the Density Bonus updates to the Hercules Municipal Code made certain references and definitions in the Affordable Housing Policy no longer correct ; and
WHEREAS, to align the Affordable Housing Policy with the updated Hercules Municipal Code, certain modifications to the Policy must be made.

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

Section 1. The City Council finds that a mendments to the Affordable Housing Policy as shown in Attachment 1 are necessary to align with the H ercules Municipal Code and hereby adopts said amendments.

Section 2. The City Council finds that adoption of this Resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) – the common sense exemption – because the proposed resolution would only provide updates to comply with the current Hercules Municipal Code and would not facilitate new construction or other groundbreaking activities. It can be seen with certainty that there is no possibility that the actions authorized in this resolution will result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Further, none of the circumstances described in CEQA Guidelines § 15300.2 applies. No unusual circumstances are present. This determination reflects the City of Hercules’ independent judgment and analysis.
54 The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 24th day of September, 2024 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dan Romero, Mayor
ATTEST:

Eibleis Melendez
City Clerk

Attachment 1: Amended Affordable Housing Policy
55 Affordable Housing Policy for the City of Hercules
1 1 Purpose and Intent
This is the Affordable Housing Policy of the City of Hercules (“City”). Along with this Affordable Housing Policy, the City has implemented the Inclusionary Housing Ordinance pursuant to Sections 10-19.101 through 10-19.113 of the Municipal Code to address how affordable housing units are made available and monitored to ensure compliance with local and state requirements . The Affordable Housing Polic y shall apply to all deed - restricted affordable housing units within the City limits, including but not limited to:

1. Any affordable housing project developed within the City limits,

2. Affordable housing units developed pursuant to the state density bonus law pursuant to California Government Code Section s 65915 through 65918 and the City’s Municipal Code, Chapter 13-30 Property Development Standards , Sections 13.-30.420 through 13-30.47040,

3. Affordable housing units developed pursuant to the City’s Municipal Co de, Chapter 19 Inclusionary Housing, Sections 10-19.101 through 113 and,

4. Development agreements between a developer and the City pursuant to the Municipal Code, Chapter 13-30 Property Development Standards.

The City seeks to promote and maintain a balanced and economically diverse community with a mix of workplaces and residential uses that offer a variety of housing types . The City strives to ensure that an adequate supply of affordable housing is accessible to households at all economic levels of the community.

Sections:
1 Purpose and Intent
2 Definitions
3 Affordable Housing Agreements
4 Interest List
5 Referrals to New Affordable Housing Units
6 Homeowner Eligibility and Resale Procedures
7 Tenant Eligibility
8 Annual Compliance Monitoring

56 Affordable Housing Policy for the City of Hercules
2 2 Definitions

2.1 Affordable Housing Cost . As defined by HSC Section 50052.5. The affordable allowable housing cost for owner-occupied properties is as follows: Monthly housing expenses for an Affordable Housing Unit include first mortgage principal, interest, taxes, homeowners insurance, mortgage insurance and/or homeowners’ association fees if a pplicable, and a reasonable amount for utilities (generally includes gas, electricity, water and trash) and maintenance of the property.

2.21 Affordable Housing Covenant . A written agreement between the City and the Developer or Homeowner prescribing covenants securing the long term affordability on real property in a form acceptable to the City Attorney.

2.32 Affordable Housing Policy. These affordable housing policies adopted by the City Council by Resolution No 21-010 on February 23, 2021, or as hereafter amended by the City Council.

2.43 Affordable Housing Plan . A plan submitted to and approv ed by the City demonstrating how a Developer would meet this Affordable Housing Policy, in a form acceptable to the Community Development Director.

2.54 Affordable Housing Units. Owner-occupied and rental units restricted by the City with an Affordable Housing Covenant.

2.6 Affordable Rent. The allowable cost of affordable rental housing, as defined by to HSC Section 50053. Monthly housing expenses for a Rental include scheduled rent and a reasonable utility allowance as set periodically by the Housing Authority of the County of Contra Costa.

2.75 Adjusted Gross Income. The gross income of all adult household members derived from any source, adjusted for household size, and in accordance with HSC Section 50093.

2.86 Area Median Income . Median household income ranges by household size established in California Code of Regulations, Section 6932 and amended updated by HUD, benchmarked to Contra Costa County median household incomes by household size (“AMI”).

2.97 Borrower. Homeowner applying for and receiving financing for the purchase and ownership of an Affordable Housing Unit from a third-party lender.

2.108 City. The City of Hercules, California.
57 Affordable Housing Policy for the City of Hercules
3 2.119 City Attorney. City of Hercules’s City Attorney.

2.120Community Development Director . City of Hercules’s Community Development Director.

2.131 Developer: Parties who construct and/or own Affordable Housing Units in the City.

2.12 Density Bonus: A density increase over the otherwise maximum allowable residential density in accordance with the provisions of California’s Density Bonus Law, including but not limited to Government Code Section 65915 as of the date of the project application.

2.143 Density Bonus Agreement. An agreement between a Developer and the City that governs the production and use of any Affordable Housing Units constructed pursuant to the City’s density bonus ordinance in Chapter 13-30 of the Municipal Code and by Government Code Section 65915, as may be amended.

2.154 Gift Letter. Written correspondence from a family member or friend of a prospective Homeowner stating that money given to applicant is a gift and is not expected to be repaid. Gift documentation is required ( showing evidence of transfer of funds to prospective Homeowner and the date of such, including a bank statement, copy of deposit, and of check).

2.165 Good Credit. Mid FICO score as determined by a credit consumer agenc y, including but not limited to Experian, Equifax, and TransUnion (typically a minimum mid FICO score of at least 670).

2.176 Health and Safety Code . The California Health and Safety Code (“HSC”), as it exists as of the date of this resolution or as subsequently amended.

2.187 Homeowner. Household members with homeownership rights of an owner - occupied Affordable Housing Unit.

2.198 Housing and Community Development. The California Department of Housing and Community Development (“HCD”).

2.2019Housing Urban Development . The U.S. Department of Housing and Urban Development (“HUD”).

2.210 Inclusionary Housing Agreement. The agreement prepared pursuant to Chapter 10-19 of the Municipal Code to fulfil the City’s inclusionary housing ordinance. 58 Affordable Housing Policy for the City of Hercules
4 2.221 Income Levels. Annual household income categories (extremely low, very low, low, and moderate) pursuant to HSC 50093 and based on AMI, adjusted for household size by HCD and in accordance with adjustment factors adopted and amended from time to time by HUD, benchmarked to Contra Costa County median household incomes by household size. These income limits are presently equivalent to the following:

2.221.1 Extremely Low-Income Household. Household that meets the definition of HSC Section 50106, which is currently a household whose adjusted gross income does not exceed 30% of AMI, adjusted for household size and revised annually by HCD.

2.221.2 Very Low Income Household . Household that mee ts the definition of HSC Section 50105(a), which is currently a household whose adjusted gross income does not exceed 50% of AMI adjusted for household size revised annually.

2.221.3 Lower Income Household. Household that meets the definition of HSC Section 50079.5(a), which is currently a household whose adjusted gross income does not exceed 80% of AMI adjusted for household size revised annually.

2.221.4 Moderate Income Household . Household that meets the definition of HSC Section 50093(b), which is currently a household whose adjusted gross income does not exceed 120% of AMI adjusted for household size revised annually.

2.232 Interest List. The City’s list of households that have completed and returned a form acceptable to the Community Development Director seeking to be informed of opportunities to purchase or rent Affordable Housing Units in the City.

2.243 Marketing Plan. The plan that describes the process by which Affordable Housing Units would be marketed to prospective Homeowners and Tenants prepared by a Developer and submitted to the Community Development Dir ector, in the form attached herewith as Exhibit A.

2.254 Municipal Code. The City of Hercules’s Municipal Code.

2.265 Occupancy Limits . The minimum and maximum number of people allowed to occupy a housing unit of a given size. Minimum occupancy requirements are one person per bedroom. Maximum occupancy are established pursuant to HSC Section 50052.5(h), currently equal to the number of bedrooms in any unit plus one (e.g. 2 persons for a one bedroom unit).

2.276 Rental: Affordable Housing Unit intended for household occupancy pursuant to a lease or rental agreement.
59 Affordable Housing Policy for the City of Hercules
5 2.287 Tenant: A household that legally occupies a Rental unit. 3 Affordable Housing Agreements
To secure the production and placement of Affordable Housing Units , the City’s Community Development Director will review and approval of an affordable housing agreement as specified herein.

3.1 Density Bonus. Any density bonus projects require the preparation and recording of a Density Bonus Agreement, as delineated in California Government Code Sections 65915 through 65918, as may be amended Sections 13-30.420 through 13-30.470 of the Municipal Code.

3.2 Inclusionary Housing Units. Any projects with inclusionary housing under the City’s inclusionary housing ordinance require the preparation of an Inclusionary Housing Plan and recording of an Inclusionary Housing Agreement, as delineated in Sections 13-30.420 through 13-30.470 10-19.106 of the Municipal Code.

3.3 Other Affordable Housing Agreements . The City will require preparation of agreements to secure the affordability of units produced within the City limits pursuant to Chapter 10-19 of the Municipal Code , affordable units produced pursuant to a Development Agreement pursuant to Section 13-30.450 of the Municipal Code California Government Code Sections 65915 through 65918, as may be amended , or any other affordable housing projects within the City. Such affordable housing agreements should include, at a minimum, the following:

3.3.1 Preparation of Agreement – Before the City issues a building permit or approves a final map, whichever occurs first, the developer must record an Affordable Housing Agreement that conforms to the requirements of this Affordable Housing Policy and in a form approved by the City Attorney.

3.3.2 Site Plan – Description and site plan of the project, including unit plans and bedroom configurations (square feet, bedroom count, amenities), along w ith identification of the planned Affordable Housing Units . Affordable Housing Units must be spread throughout the project, built to the same standards, except for owner-purchased upgrades, and be in proportion to the composition of the entire project (square feet, bedroom count, and amenities). There should be no difference in terms of design and build quality between the Affordable Housing Units and market-rate units.
60 Affordable Housing Policy for the City of Hercules
6 3.3.3 Phasing Plan – Affordable Housing Unit shall be developed concurrently and proportionately with the construction of market -rate units throughout each phase of development.

3.3.4 Duration of Affordability – Affordable Housing Covenants for Affordable Housing Units shall ensure the restriction of not less than 55 years.

3.3.5 Applicant’s Acknowledgements – Acknowledgement that the Affordable Housing Agreement is a condition of approval (that would be executed prior to recordation of the final map or certificate of occupancy, where the housin g project does not involve a subdivision). Acknowledgement and understanding of the City’s Tenant or Homeowner Marketing Plan as detailed in this Affordable Housing Policy.

3.3.6 Recording – The Affordable Housing Agreement shall be a condition of approval that would be approved by the City and accepted by the applicant prior to the recordation of the final map or permit issuance, where the housing project does not include subdivision.
4 Interest List
The Community Development Director shall be responsible for preparing and maintaining an Interest List for Affordable Housing Units and shall follow this Affordable Housing Policy for preparing and using the Interest List.

4.1 Public Noticing Procedures. To notify prospective Homeowners or Renters about the opportunity to be included on the Interest List, Community Development Director shall periodically but not less than annually publish notices in news and/or social media outlets that are widely available in the C ity, including media that reach es minority communities, particularly Spanish-language households.

Said notice shall briefly and plainly explain what affordable housing is, state the applicable income requirements, indicate how to apply for the Interest List, and provide a telephone number for questions.

4.2 Interest List Applications. Applications for the Interest List shall be created by and submitted to the Community Development Director . Applications shall require the prospective Homeowner’s or Tenant’s name, mailing address, electronic mail completed address, telephone number, household size, date of birth, residency, place of employment, income category amount (based on choices in the interest list application), housing type interest (affordable rental housing or homeownership) , interest in type of housing (family or senior), and signature. 61 Affordable Housing Policy for the City of Hercules
7 4.3 Interest List . The Community Development Director shall create an Interest List using the information provided on the Interest List applications received. The Interest List would be used by the City to notify prospective Homeowners or Tenants of new Affordable Housing Units that become available in the City. For this reason, it is the responsibility of the prospective Homeowner or Tenant to update the Community Development Director if their contact information changes after submitting the application to be on the Interest List by completing and submitting a replacement application for the Interest List in the same manner as described in Section 4.2.
5 Referrals to New Affordable Housing Units
This Section only applies to New Affordable Housing Units constructed in the City and becoming available for occupancy for the first time . T he Developer and the City’s Community Development Director shall follow these procedures:

5.1 Submit Marketing Plan to City. At least 180 days prior to issuance of a Certificate of Occupancy by the City for new Affordable Housing Units, a Developer shall provide the Community Development Director a Marketing Plan (in the form consistent with Exhibit A) for review and approval.

5.2 Certificate of Occupancy. At least 90 days prior to the Issuance of a Certificate of Occupancy by the City for new Affordable Housing Units, a Developer shall notify the City of the number and type (affordability level, number of bedrooms, ownership or rental) of residences available.

5.3 Screening and Selection of Prospective Homeb uyers or Tenants. The Developer and City shall cooperate on further application screening for the selection and qualification of prospective Homebuyers or Tenants for new Affordable Housing Units.

5.4 Prioritization of Those Working or Living in the City, as Permitted . All applicable federal and state fair housing laws must be observed. As allowable by law, a Developer shall prioritize City residents and those employed in the City with minimum working hours of at least 36 hours per week.

62 Affordable Housing Policy for the City of Hercules
8 6 Homeowner Eligibility and Resale Procedures
This Section shall apply to the determination of eligibility

6.1 Determination of Eligibility . The determination of eligibility for prospective Homeowners will be the responsibility of the Developer , or in the case of a resale, current Homeowner.

6.2 Eligibility Review. The eligibility review will include at a minimum: documentation of Adjusted Gross Income (including income source and annual gross income calculations), credit reporting from all three credit bureaus (Experian, Equifax and TransUnion), interest and dividends from bank st atements, and any additional documents requested by the City . The City has provided a worksheet detailed in Exhibit B to assist with this calculation of eligibility and Affordable Housing Cost.

The following details additional prospective Homeowner eligibility requirements:

6.2.1 A prospective Homeowner may not own total assets that exceed 50% of the purchase price of the home or have any financial interest in another United States residential property (including mobile or manufactured homes) at the close of sale.

6.2.2 No prospective Homeowner may purchase or occupy an Affordable Housing Unit unless the City or City’s designee has approved the household’s eligibility based on Income Limits and Affordable Housing Cost, and the Developer or Homeowner along with the City have executed and recorded an Affordability Housing Covenant in the chain of title of the Affordable Housing Unit.

6.3 Ineligible Individuals. By virtue of their position or relationship, the following are ineligible to own or occupy an Affordable Housing Unit created pursuant to this Affordable Housing Policy:

6.3.1 All employees and officials of the City or its agencies, authorities, or commissions who have, by the authority of their position, policy -making authority or influence over the implementation of this Affordable H ousing Policy and the immediate relatives of such City employees and officials.

6.3.2 The immediate relatives of the Developer or owner including any spouse, child, parent, grandparent, brother, sister, father-in-law, mother-in-law, son-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother -in-law of the subject in question who sells the Affordable Housing Units for initial sale to the first set of income eligible buyers.
63 Affordable Housing Policy for the City of Hercules
9 6.4 Principal Residence. Prospective Homeowners must occupy the Affordable Housing Unit as primary residence and pursuant to the Affordable Housing Covenant and follow Occupancy Limits defined in Section 01.

6.5 Affordable Housing Cost. For owner -occupied properties, the total monthly affordable housing cost will be calculated by a combination of the published HCD AMI limits and the “adjusted family size appropriate for the unit” pursuant to HSC Section 50052.5 (h), as may be amended . The code section identifies that the “adjusted for family size appropriate for the unit” shall mean 1 person for a studio unit, 2 persons for a 1-bedroom unit, 3 persons for a 2-bedroom unit, 4 persons for a 3-bedroom unit, and 5 persons for a 4-bedroom unit. For example, if a 3 bedroom home is purchased by a 2-person household, the applicable housing cost for the 3 bedroom home would, nonetheless, be calc ulated based on an imputed 4 -person household rather than the actual household size of 2 persons.

6.5.1 For Extremely Low-Income households, the maximum monthly housing costs may not exceed one-twelfth (1/12) of the product of 30 percent times 30 percent of AMI adjusted for family size appropriate for the unit.

6.5.2 For Very Low-Income households, the maximum monthly housing costs may not exceed one-twelfth (1/12) of the product of 30 percent times 50 percent of AMI adjusted for family size appropriate for the unit.

6.5.3 For Low-Income households, the maximum monthly housing costs may not exceed one-twelfth (1/12) of the product of 30 percent times 70 percent of AMI adjusted for family size appropriate for the unit.

6.5.4 For Moderate-Income households, the maximum monthly housing costs may not exceed one-twelfth (1/12) of the product of 35 percent times 110 percent of AMI adjusted for family size appropriate for the unit. However, for Moderate -Income owner-occupied housing units the minimum housing cost may not be less than one-twelfth (1/12) of the product of 28 percent of the household’s gross income.

6.6 Affordable Rent. For any rental housing , the maximum monthly affordable rents — including a reasonable allowance for utilities pursuant to HSC Section 50053—shall be calculated by a combination of the published HCD AMI limits and the same family size adjustments appropriate for the unit as identified above for owner -occupied units and as follows:.

6.6.1 For Extremely Low -Income households , the maximum monthly rent may not exceed one-twelfth (1/12) of the product of 30 percent times 30 percent of AMI adjusted for family size appropriate for the unit.
64 Affordable Housing Policy for the City of Hercules
10 6.6.2 For Very Low -Income households , the maximum monthly rent may not exceed one-twelfth (1/12) of the product of 30 p ercent times 50 percent of AMI adjusted for family size appropriate for the unit.

6.6.3 For Low-Income households, the maximum monthly rent costs may not exceed one-twelfth (1/12) of the product of 30 percent times 60 percent of AMI adjusted for family size appropriate for the unit.

6.6.4 For Moderate-Income households, the monthly rent may not exceed one-twelfth (1/12) of the product of 30 percent times 110 percent of AMI adjusted for family size appropriate for the unit.

6.7 Homeowner 3rd Party Financing Terms. Eligible Homeowners must adhere to the following requirements when securing or modifying a loan, mortgage , or other financing instrument used to purchase an Affordable Housing Unit:

6.7.1 Down Payment. Prospective Homeowners are required to provide a down payment of at least five percent (5%). Down payment gifts by family members or friends of prospective Homeowners (up to the maximum amount of 20% of the purchase price) are allowed with a “gift letter.”

6.7.2 Credit Score . Prospective Homeowners must have Good Credit as defined in Section 2.17. If necessary, Fannie Mae credit score guidelines may be considered to ensure the validity and evaluation of the credit report.

6.7.3 Assets. If a prospective Homeowner has investment assets (except qualified retirement accounts) that are not used for the down payment, income from such assets will be counted or imputed.

6.7.4 Recording. The recorded documents of the registered residential real property of the Affordable Housin g Unit must be City approved. This includes the City’s restricted Affordable Housing Covenants to all applicable documents.

6.7.5 Subordination. At the request of the Borrower’s lender, the City may subordinate the foregoing income eligibility and resale price restrictions to a first Deed of Trust at the time of purchase, provided that the Deed of Trust does not exceed the purchase price of the Affordable Housing Unit.

6.7.6 Refinancing. The City must approve in writing all financing and refinancing. The City would approve a refinancing of the first mortgage loan, if no additional cash is taken out other than the loan costs, the terms of the new loan are more favorable than the old loan , and the Borrower’s credit is good at the time of re financing. In no event shall the Borrower’s total secured loan-to-value exceed 80%. 65 Affordable Housing Policy for the City of Hercules
11 Notwithstanding the above, t he following types of refinanc ing are not permitted: Negative amortization loans, balloon payments , and reverse mortgages.

6.8 Default and Foreclosure. A request for Notice of Default shall be recorded along with an Affordable Housing Covenant, which shall provide that any Notice of Default will constitute the borrower’s Notice of Intent to Sell, and that the City may exercise its option to purchase. In the event that the City does not exercise its option to purchase and the Affordable Housing Unit is foreclosed upon, proceeds of the foreclosure sale shall be used first to satisfy the lender’s lien(s) and any surplus proceeds shall be paid to the Homeowner.

6.9 Distribution of Insurance and Condemnation Proceeds . In the event that the Affordable Housing Unit is destroyed and insurance proceeds are distributed to the Homeowner instead of being used to rebuild, or in the event of liquidation of the homeowners’ association , if applicable, and distribution of the assets of the association to the members, including the Homeowner, any surplus remaining after payment of encumbrances shall be distributed as set forth above with respect to default and foreclosure.

6.10 Property Resale and Transfer Restrictions. A Homeowner may only resell the ir Affordable Housing Unit under the terms and conditions of the Affordable Housing Covenant, including but not limited to the following:

6.10.1 Resale Price . To set the price upon resale, the price paid by the current Homeowner shall be adjusted by the percentage increase (or decrease) in Income Level during the period in which the homeowner owned the Affordable Housing Unit. There is no assurance that the past rate of increase will continue in the future.

The maximum affordable sales price and qualifications of prospective Homebuyers permitted on resale of an Affordable Housing Unit must be specified in an Affordable Housing Covenant.

The maximum affordable sales price permitted on resale of an Affordable Housing Unit resale shall not exceed the seller’s purchase price, adjusted for the percentage increase in AMI since the seller’s purchase, regardless of any added value resulting from substantial structural or permanent fixed improvements to the Affordable Housing Unit.

66 Affordable Housing Policy for the City of Hercules
12 6.10.2 Deed. Subject to all recorded approved City documents, a zero -balance Deed of Trust will be executed and will acknowledge all terms and conditions applicable to the Affordable Housing Unit entered into with the City.

6.10.3 Right of Refusal . Throughout the 55 -year period of the Affordable Housing Covenant, the City shall have the first opportunity to purchase Affordable Housing Units. Homeowners wishing to sell their Affordable Housing Unit shall notify the City in writing at least 60 days before the Affordable Housing Unit is offered for sale to another qualifying party.

The seller shall ensure that the residence is clean, in good repair, and is available to be shown to p rospective buyers. Any option-related time periods in favor of the City shall be tolled until these conditions are met to the City’s reasonable satisfaction.

The City shall have 60 days to notify the seller of its intent to exercise the option to purchase, either by City purchase, by its designee (e.g., a non- profit affordable housing developer), or by referral of a qualified prospective Homeowner meeting the requirements of the Affordable Housing Covenant and this Affordable Housing Policy . The method for calculating the subsequent purchase price is detailed in Section 6.10.1.

In the event that the City does not exercise the option to purchase, or an offer to purchase by the City or a qualified prospective Homebuyer presented to the seller by the City is not accepted by the seller, the option shall terminate and the Homeowner may sell the ir Affordable Housing Unit to any income-qualified buyer at a price consistent with this Affordable Housing Policy. Seller shall only accept an offer by an income- qualified buyer at a price consistent with this Affordable Housing Policy.

6.10.4 Closing Costs . Closing costs shall be divided between sel ler and buyer as is customary for like real estate transactions in the City at the time that escrow is opened.

6.10.5 Resale to Eligible Applicant. Homeowners of an Affordable Housing Unit shall be subject to the same eligibility requirements and documentation re quired for any such buyer as described under this Section.

6.10.6 Replacement Affordable Housing Covenant. A new Affordable Housing Covenant will be entered into upon each change of ownership of an Affordable Housing Unit and upon any transfer or conveyance (whe ther voluntarily or by operation of law) of an Affordable Housing U nit. The replacement Affordable Housing C ovenant 67 Affordable Housing Policy for the City of Hercules
13 shall remain in effect for a minimum of 55 years following the date of the last transfer.

6.10.7 Resale to Ineligible Applicants. In the event that the Affordability Housing Covenant has been previously fulfilled or mutually terminated by all parties involved, including the City and the Homeowner, a home buyer of an Affordable Housing Unit shall not be subject to the same eligibility requirements and documentation required for any such buyer as described under this Section.

6.10.8 Title Change. In cases of title change or transfer of the Affordable Housing Unit, such as by bequest or inheritance, any non-income eligible beneficiary must sell the Affordable Housing Unit to an income-eligible household within one year of title being transferred to the beneficiary.
7 Tenant Eligibility

7.1 Prospective Tenants. Developers shall follow the procedures detailed in Section 5 to market the Affordable Housing Units . The selection of prospective Tenants for Affordable Housing Units shall be determined, pursuant to Exhibit C.

7.2 Determination of Eligibility . Tenant eligibility requirements shall be verified by the Developer. At a minimum , the review will include calculations of Adjusted Gross Income, documented income source, such as gross income from wages, overtime, pensions, public assistance, alimony, dividends and interest income. The City has provided a worksheet detailed in Exhibit C to assist with this calculation of eligibility and Affordable Rent. The following details additional tenant eligibility requirements:

7.2.1 Prospective T enants’ maximum Adjusted Gross Income may not exceed the Income Limits applicable to the Rental they are seeking.

7.2.2 No prospective Tenant may occupy an Affordable Housing Unit unless the City or City’s designee has approved the prospective Tenant’s eligibility based on the Income Limits and Affordable Rent, and the Developer along with the City have executed and recorded an Affordability Housing Covenant in the chain of title of the Affordable Housing Unit.

7.3 Ineligible Individuals. The following individuals, by virtue of their position or relationship, are ineligible to occupy an Affordable Housing Unit created pursuant to this Section:

7.3.1 All employees and officials of the City or its agencies, authorities, or commissions who have, by the authority of their position, policy -making authority or influence 68 Affordable Housing Policy for the City of Hercules
14 over the implementation of this Affordable Housing Policy and the immediate relatives of such City employees and officials.

7.3.2 The immediate relatives of the developer or owner including any spouse, domestic partner, child, parent, grandparent, brother, sister, father -in-law, mother -in-law, son-in-law, aunt, uncle, niece, nephew, sister -in-law, and brother -in-law of the subject in question.

7.4 Affordable Rents. Affordable rent for multifamily rental units includes the monthly rent plus a reasonable utility allowance pursuant to HSC Section 50053 and as defined in Section 6.6. The amount included for monthly utility costs may be determined by the amounts established annually and published by the Housing Authority of County of Contra Costa.

7.5 Principal Residence. All eligible tenants must occupy their respective affordable unit as primary residence and follow occupancy requirements as defined in Section 05. 8 Annual Compliance Monitoring

8.1 The City shall have the right to request information from Developers, Homeowners, and Tenants as necessary to perform required annual monitoring of the Affordable Housing Unit.

8.1.1 Homeowner Compliance Monitoring . The City shall have the right to verify the Homeowner’s occupancy status annually by requesting a complete statement of occupancy certification and supporting documentation, such as utility statement, property tax bill, or other documentation that demonstrates the Affordable Housing Unit is occupied as a primary residence.

8.1.2 Tenant Compliance Monitoring. The City shall have the right annually to monitor the compliance of the Rental units corresponding to Tenant’s income certification, acceptable income documentation (e.g., earning statements, award letter, social security income), maximum affordable rent, and occupancy limits. The Developer shall ensure that their property manage r shall fully cooperate to monitor the condition of the Rental unit pursuant to this Affordable Housing Policy.

In the event that a Tenant is no longer qualified to occupy its Affordable Housing Unit, as determined by an income exceeding 120 percent of the allowable AMI for the Affordable Housing Unit, the Tenant would need to relocate from the Affordable Housing Unit within 90 days at the request of the City , and the property manager shall find an eligible tenant for replacement.
69 Affordable Housing Policy for the City of Hercules
15 Notwithstanding, once a household no longer meets the income qualifications for occupancy of an Affordable Housing Unit, the Rental shall be deemed to be in noncompliance and the property manager shall replace the Affordable Housing U nit, once vacated, with an eligible Tenant.
70 Exhibit A: Sample of Marketing Plan
1 Introduction
Terms used in this Sample Marketing Plan are defined in the City’s Affordable Housing Policy, incorporated herein by reference.

Process and Content of Advertising Affordable Housing Units Developer shall run at least one (1) advertisement or notice in news and/or social media outlets that are widely available in the City, including media that reaches minority communities, particularly Spanish-language households.

The advertisements shall be coordinated and/or at such time as determined by the City.

Not less tha n ten (10) days prior to the publication of the newspaper advertisement or broadcast of the radio advertisement, Developer shall submit the advertisement to City for approval.

No advertisement shall be published or broadcasted without written City approval. Each newspaper shall include the official "Equal Housing Opportunity" logo and each radio advertisement shall incorporate the statement "Equal Housing Opportunity." All advertisements shall conform to the requirements of the Fair Housing Act.

Advertisements shall state that if the number of qualified persons exceeds the number of Affordable Housing Units available. The name and telephone number of the person to contact to obtain additional information regarding eligibility requirements and resale restrictions shall also be provided in the advertisement. The advertisement shall clearly state the deadline for inclusion.

Notice of Availability to City and other Agencies
Prior to the issuance of a notice of availability of the units (“ Notice of Availability ”), Developer shall submit the Notice of Availability to City for approval. The Notice of Availability shall not be issued without written City approval.

Developer shall issue the Notice of Availability to City , households on the City’s Interest List, and any and all housing advocacy agencies, community groups and/or any organizations as directed by City. City shall furnish names and addresses of the organizations to receive the Notice of Availability. The Notice of Availability shall be provided concurrent with commencement of the advertisements described above.

Informational Sheet for Prospective Homeowners or Tenants 71 Exhibit A: Sample of Marketing Plan
2 The Informational Sheet shall be a one- to two-page handout summarizing the information included in the Informational Packet.

Developer and City shall cooperatively prepare an Informational Sheet to be provided to persons interested in receiving information about the Affordable Housing Units.

The Informational Sheet shall be completed to City’s satisfaction no later than the date of the publication and/or broadcast of the advertisements described above. The Informational Sheet shall not be considered complete unless and until the City provides written approval of the Informational Sheet.

Informational Packet Contents
The Informational Packet shall include the following:
 A description of the eligibility requirements, including the income qualifications;  A copy of the Affordable Housing Covenant and Preemptive Right;  An Application for Eligibility, which shall include a mortgage pre -qualification application with Developer's preferred lender;
 A list of lenders providing no-cost loan approval, if any; and  Any other information or documents determined necessary to be included by City.

City Review of Marketing Plan and Related Activities
City shall respond in a commercially reasonable time frame when action by the City is required under this Marketing Plan or such action is necessary and reasonably requested in writing by Developer.
72 Exhibit B: Calculation of Homebuyer Eligibility Requirements and Affordable Housing Cost Limits
1 Pursuant to Section 6.2 of the City’s Affordable Housing Policy, Developers are required to conduct a review of eligibility and affordability for prospective Homeowners. This guide may be used by Developers to assist them in determining the eligibility and maximum affordable housing cost calculation for Homebuyers.

Part 1: Homebuyer Eligibility Requirements
Step 1: Determine if Prospective Homeowner is Eligible or Ineligible Determine if a prospective Homeowner has met the eligibility requirements pursuant to Sections 6.2, 6.2.1 and 6.2.2 of the Affordable Housing Policy. Additionally , the household’s eligibility to participate in the City’s affordable housing program is based on the adjusted qualifying income limits adjusted for family size for Very Low and Low households as described in Section 2.18 of the Affordable Housing Policy and described in HSC Section 50093.

Step 2: Verify Prospective Homeowner’s Credit Score
Prospective Homeowners must provide a credit report from all three credit bureaus (Experian, Equifax and Transunion). Credit scores must be “good”, defined in Section

2.17 of the Affordable Housing Policy as being greater than or equal to 670. If necessary, Fannie Mae credit score guidelines may be considered to ensure the validity and evaluation of the credit report.

Step 3: Calculate Household Adjusted Gross Income
Developers must collect current documentation, at a minimum of two months, from the prospective Homeowner in order to calculate household annual adjusted gross income.

Additionally, the prospective Homeowner must have a minimum of 2 years of employment history. The following considerations are listed below for determining eligibility requirements:

1. Define the type of Income

2. Collect and document the income source as listed below:
a. Base Employment Income
b. Overtime
c. Bonuses
d. Commissions
e. Interest and dividends from bank statements
f. Other (e.g., Child Support, Alimony)
73 Exhibit B: Calculation of Homebuyer Eligibility Requirements and Affordable Housing Cost Limits
2 3. Identify the method of calculation by determining the qualifying income

4. Calculate the total household adjusted gross income based on the income source for all prospective Homeowners
The City recommends that the D eveloper ensures that t he household adjusted gross income of the prospective Homebuyers falls within the qualifying income limit for the household size and may not exceed the qualifying published limits for the current year.

Part 2: Affordable Housing Cost Limits
Step 4: Determine AMI Category
Determine the maximum AMI limit as categorized by the household size published limits by HCD for the County of Contra Costa.
a. Identify the percentage qualifying limit pursuant to HSC 50052.5 for the applicable calculation of the bedroom unit size. The qualifying limits for the percentage are as follows:

o 30% - Extremely Low
o 50% - Very Low
o 70% - Low
o 110% - Moderate
Step 5: Determine Maximum Annual Payment
Determine the maximum annual payment in which the AMI is multiplied by 30% and then the percentage of the qualifying limit. Please not for the Moderate income limit calculation the AMI is multiplied by 35% and then by 110%.
a. Identify the results of the total annual amount
Step 6: Maximum Monthly Affordable Rental Limit
Determine the maximum monthly affordable rent amount limit through dividing the total annual amount results by 12.

For example, if a 2-bedroom unit will be occupied by low income household. The identified AMI limit for a household size of two is $107,300. The AMI is multiplied by 30% and then by 70%. The resulting maximum annual amount is $22,533 which is divided by 12 for the maximum monthly affordable housing cost amount of $1,878. 74 Exhibit B: Calculation of Homebuyer Eligibility Requirements and Affordable Housing Cost Limits
3 Table 1 below is identified as a guide for completing Steps 4 to 6 above.

The maximum m onthly housing payment for an affordable housing unit include s a mortgage principal amount, interest, taxes, insurance, and anticipated condominium/homeowners’ association fees pursuant to HSC Section 50052.5.

Step 7: Determine the Maximum Supportable Mortgage
To determine the Maximum Supportable Mortgage, there are generally two options:
1) The prospective Homebuyer is pre-qualified for a maximum mortgage loan amount and is able to provide supported sourced income documentation. 2) The prospective Homebuyer is not pre-qualified for financing a mortgage loan and the Maximum Supportable Mortgage will need to be estimated by the Developer and then approved by a lender.

If the prospective Homebuyer has already qualified for a mortgage loan, it would be incumbent upon the Developer to determine the cost components (e.g., mortgage principal, interest, taxes, insurance, and anticipated condominium/ Homeowners’ association fees ) that would be in accordance with the Maximum Monthly Housing Payment and the Maximum Supportable Mortgage.

Table 1
Step 4: Area
Median Income Step 4a: Income Category Step 5: Total Annual Amount Calculation
Step 5a: Total
Annual Amount
Results
Step 6: Monthly
Affordable
Housing Cost
Step 4: Area
Median Income Step 4a: Income Category Step 5: Total Annual Amount Calculation
Step 5a: Total Annual
Amount Results
Step 6:

Monthly
Affordable
Housing Cost
30% - Extremely Low 30% x 83,450 x 30% $7,511 $626 30% - Extremely Low 30% x 95,350 x 30% $8,582 $715 50% - Very Low 30% x 83,450 x 50% $12,518 $1,043 50% - Very Low 30% x 95,350 x 50% $14,303 $1,192 70% - Low 30% x 83,450 x 70% $17,525 $1,460 70% - Low 30% x 95,350 x 70% $20,024 $1,669 110% - Moderate 35% x 83,450 x 110% $32,128 $2,677 110% - Moderate 35% x 95,350 x 110% $36,710 $3,059 Step 4: Area
Median Income Step 4a: Income Category Step 5: Total Annual Amount Calculation
Step 5a: Total
Annual Amount
Results
Step 6: Monthly
Affordable
Housing Cost
Step 4: Area
Median Income Step 4a: Income Category Step 5: Total Annual Amount Calculation
Step 5a: Total Annual
Amount Results
Step 6:

Monthly
Affordable
Housing Cost
30% - Extremely Low 30% x 107,300 x 30% $9,657 $805 30% - Extremely Low 30% x 119,200 x 30% $10,728 $894 50% - Very Low 30% x 107,300 x 50% $16,095 $1,341 50% - Very Low 30% x 119,200 x 50% $17,880 $1,490 70% - Low 30% x 107,300 x 70% $22,533 $1,878 70% - Low 30% x 119,200 x 70% $25,032 $2,086 110% - Moderate 35% x 107,300 x 110% $41,311 $3,443 110% - Moderate 35% x 119,200 x 110% $45,892 $3,824 $83,450
Studio
Household Size 1
$95,350
Household Size 2
1 Bedroom
$107,300
2 Bedroom
Household Size 3 Household Size 4
$119,200
3 Bedroom
75 Exhibit B: Calculation of Homebuyer Eligibility Requirements and Affordable Housing Cost Limits
4 If the prospective Homebuyer has not yet qualified for a mortgage loan, the Developer would need to estimate the Maximum Supportable Mortgage based on (but not limited to) the Maximum Monthly Housing Cost, down payment, and prevailing mortgage loan interest rates. Following the Developer’s estimation of the Maximum Supportable Mortgage, it would be incumbent on the prospective Homebuyer to apply and q ualify for a mortgage loan from a lending institution.
76 Exhibit C: Calculation of Tenant Eligibility Requirements and Affordable Rent Limits
5 Pursuant to Section 7.2 of the City’s Affordable Housing Policy, Developers are required to conduct a review of prospective Tenants in order to determine eligibility and affordable rent calculation. This guide may be used by Developers to assist them in doing so.

Part 1: Tenant Eligibility Requirements
Step 1: Determine if Prospective Tenant is Eligible or Ineligible Determine if a prospective Homeowner has met the eligibility requirements pursuant to Sections 7.2.1 and 7.2.2 of the Affordable Housing Policy. Additionally, the household’s eligibility to parti cipate in the affordable housing program of the City is based on the adjusted qualifying income limits adjusted for family size for Very Low, Low, and Moderate households as described in Section 2.18 of the Affordable Housing Policy and described in HSC Section 50093.

Step 2: Calculate Household Adjusted Gross Income
Developers must collect the documentation, at a minimum of two months, from the prospective Tenants in order to calculate household annual adjusted gross income. The following considerations are listed below for determining eligibility requirements:

5. Define the type of Income

6. Collect and document the income source as listed below:
a. Base Employment Income
b. Overtime
c. Bonuses
d. Commissions
e. Interest and dividends from bank statements
f. Social Security Income
g. Other (e.g. Child Support, Alimony)

7. Identify the method of calculation by determining the qualifying income

8. Calculate the total household adjusted gross income based on the income source for all prospective Tenants
The City recommends that the Developer ensures that t he household adjusted annual gross income of the prospective Tenant falls within the qualifying income limit for the household size and may not exceed the qualifying published limit.

77 Exhibit C: Calculation of Tenant Eligibility Requirements and Affordable Rent Limits
6 Part 2: Affordable Rent Limits
Step 3: Determine Income Category
Determine the maximum AMI limit as categorized by the household size published limits by HCD for the County of Contra Costa.
a. Identify the percentage qualifying limit pursuant to HSC 50052 for the applicable calculation of the bedroom unit size. The qualifying limits for the percentage are as follows:

o 30% - Extremely Low
o 50% - Very Low
o 60% - Low
o 110% - Moderate
Step 4: Determine Maximum Annual Payment
Determine the maximum annual payment in which the AMI is multiplied by 30% and then the percentage of the qualifying limit. Identify the results of the total annual amount.

Step 5: Maximum Monthly Rental Payment Limit
Determine the maximum monthly affordable rent amount limit through dividing the total annual amount results by 12.

For example, if a 1 -bedroom unit will be occupied by very low income household. The AMI limit is identified for a household size of two as $95,350. The AMI is multiplied by 30% and then by 50 %. The resulting maximum annual amount is $14,303 and is divide by 12 for the maximum affordable rental amount of $1,192.

Table 1 below is identified as a guide for completing Steps 3 to 5 above. 78 Exhibit C: Calculation of Tenant Eligibility Requirements and Affordable Rent Limits
7 The Maximum Monthly Rental Payment Limits for an Affordable Housing Unit include scheduled tenant paid rent and a reasonable utility allowance amount as set periodically by the Housing Authority of the County of Contra Costa, pursuant to HSC Section 50053.

Table 1
Step 3: Area
Median Income Step 3a: Income Category Step 4: Total Annual Amount Calculation
Step 4a: Total
Annual Amount
Results
Step 5: Monthly
Affordable Rent
Step 3: Area
Median Income Step 3a: Income Category Step 4: Total Annual Amount Calculation
Step 4a: Total Annual
Amount Results
Step 5:

Monthly
Affordable
Rent
30% - Extremely Low 30% x 83,450 x 30% $7,511 $626 30% - Extremely Low 30% x 95,350 x 30% $8,582 $715 50% - Very Low 30% x 83,450 x 50% $12,518 $1,043 50% - Very Low 30% x 95,350 x 50% $14,303 $1,192 60% - Low 30% x 83,450 x 60% $15,021 $1,252 60% - Low 30% x 95,350 x 60% $17,163 $1,430 110% - Moderate 30% x 83,450 x 110% $27,539 $2,295 110% - Moderate 30% x 95,350 x 110% $31,466 $2,622 Step 3: Area
Median Income Step 3a: Income Category Step 4: Total Annual Amount Calculation
Step 4a: Total
Annual Amount
Results
Step 5: Monthly
Affordable Rent
Step 3: Area
Median Income Step 3a: Income Category Step 4: Total Annual Amount Calculation
Step 4a: Total Annual
Amount Results
Step 5:

Monthly
Affordable
Rent
30% - Extremely Low 30% x 107,300 x 30% $9,657 $805 30% - Extremely Low 30% x 119,200 x 30% $10,728 $894 50% - Very Low 30% x 107,300 x 50% $16,095 $1,341 50% - Very Low 30% x 119,200 x 50% $17,880 $1,490 60% - Low 30% x 107,300 x 60% $19,314 $1,610 60% - Low 30% x 119,200 x 60% $21,456 $1,788 110% - Moderate 30% x 107,300 x 110% $35,409 $2,951 110% - Moderate 30% x 119,200 x 110% $39,336 $3,278 Studio 1 Bedroom
Household Size 1 Household Size 2
$107,300 $119,200
$83,450 $95,350
2 Bedroom 3 Bedroom
Household Size 3 Household Size 4
79 HERCULES CITY COUNCIL
O
RDINANCE NO. 551

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF HERCULES MUNICIPAL CODE SECTIONS 13 -6.100, 13- 6.300 AND 13 -30.420, AMENDING AND RENUMBERING SECTIONS 13 -30.460 AND 13-

30.470, REPEALING SECTIONS 13 -30.430, 13- 30.440 AND 13- 30.450 AND AMENDING SECTION 13 -60.200 TO COMPLY WITH THE STATE DENSITY BONUS

LAW AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).

WHEREAS, California’s State Density Bonus Law (Government Code §§ 65915 et seq. ; “SDBL” ) encourages developers to build affordable housing (e.g., very low -, low- and moderate- income units) by requiring cities to grant a density bonus, concessions, incentives, and waivers of developments standards for projects that commit certain percentages of their units to affordable housing; and WHEREAS, California Government Code § 65915(a) requires that local governments adopt an ordinance that specifies how compliance with S DBL will be implemented; and
WHEREAS, Sections 13- 6.100, 13-6.300, 13-30.420, 13-30.430, 13-30.440, 13-

30.450, 13- 30.460 and 13- 30.470 of the Hercules Municipal Code contain regulations implementing the SDBL; and
WHEREAS, Hercules Municipal Code Sections 13- 6.100, 13- 6.300, 13 -30.420, 13-30.430, 13- 30.440, 13- 30.450, 13 -30.460 and 13 -30.470 w ere last amended to comply with the SDBL via Ordinance No. 484, adopted on February 10, 2015; and WHEREAS, this ordinance (“Ordinance”) amends Hercules Municipal Code Sections 13- 6.100, 13- 6.300 and 13- 30.420, amends and renumbers Sections 13-

30.460 and 13- 30.470 and repeals Sections 13- 30.430, 13- 30.440 and 13- 30.450 to adopt the State Density Bonus Law by reference. As amended and renumbered by this O
rdinance, Hercules Municipal Code Sections 13- 30.420, 13-30.430 and 13-30.440 will provide density bonuses and other affordable housing incentives required by S DBL (including but not limited to Government Code § 65915 et seq.); and WHEREAS, adopting t he S DBL by r eference will ens ure t he M unicipal C ode remains current whenever the State Legislature amends the SDBL; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on March 4, 2024 to consider the proposed Text Amendment and did hear and use its independent judgement to consider all said reports, recommendations and testimony hereinabove set forth; and
Ordinance No. 551

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WHEREAS, the Planning Commission at its March 4, 2024 meeting passed Resolution #24-02 recommending City Council adoption of an ordinance to modify the Hercules Zoning Ordinance as proposed in order to comply with SDBL; and

WHEREAS, on March 26, 2024, the City Council held a duly noticed public hearing to consider the proposed Ordinance related to density bonus, received the staff report and staff presentation, received comments from the public and interested parties and discussed the matter, and voted 5- 0 to waive first reading and introduce the Ordinance; and

WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

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

SECTION 2. Amendment. Deletions to the Hercules Municipal Code are shown in strikethrough. Additions are shown in bold/underline. T he City Council of the City of Hercules does hereby amend Hercules Municipal Code Sections 13-6.100, 13- 6.300, 13-30.420 and 13- 60.200, amends and renumbers Hercules Municipal Code Sections 13-30.460 and 13- 30.470 and repeals Hercules Municipal Code Sections 13- 30.430, 13-30.440 and 13-30.450 to read as follows:

Hercules Municipal Code

TITLE 13. ZONING ORDINANCE

Chapter 13-6. Residential Districts

Sec. 13-6.100 Specific Purposes.

1. In addition to the general purposes listed in Section 13-5.100, the specific purposes of the residential districts are to:

A. Reserve appropriately located areas for family living at a reasonable range of population densities consistent with the General Plan and sound standards of public health and safety.

B. Ensure adequate light, air, privacy, and yard/open space for each dwelling unit and protect residents from public safety hazards and other harmful environmental effects.

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C. Preserve as many of the desirable characteristics of single-family residential districts as possible while allowing for associated residential uses such as daycare, rooming and boarding, home occupations, second residential units to the extent that substantial adverse impacts are not caused to adjacent residences.

D. Promote safe and well-designed neighborhoods and encourage new residential development to have an internal circulation system, including pedestrian walkways, bikeways, and access to transit facilities. Ensure provision of public services and facilities to support existing and planned residential densities.

E. Reserve appropriate areas for multifamily dwellings that may be located and designed to be compatible with adjacent land uses and residences.

F. Encourage development of innovative types of housing, including co-housing, congregate care facilities, and other types of housing that may provide low cost alternatives to typical market-rate housing.

G. Encourage provision of affordable housing units, especially for single persons, single parents, elderly and young families. Provide well-designed, well-built housing units for low- and moderate-income households in mixed-density developments, including planned developments (PDs), avoiding a concentration in any limited area.

H. Provide additional affordable senior citizen housing. Encourage provision of senior housing by considering density bonuses up to General Plan maximum where senior projects are desirable and compatible with special senior needs.

I. Allow for public and quasi-public land uses to complement residential development within close access such as schools, churches and daycare facilities; provided, that substantial adverse impacts such as traffic congestion, increased noise (ambient or episodic) or full use of available on-street parking, or other similar impacts are not caused on nearby residences.

2. The additional purposes of each residential zoning district are:

A. RS-E Residential Single-Family Estate. To provide sites for estate homes on larger lots to be developed with custom built and individually designed homes with DocuSign Envelope ID: AB6FAE26-E560-4721-9293-DEAF8AAFA1D3 82 Ordinance No. 551

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a gross density of 1 or 2 units per acre and a minimum parcel size of 0.5 acre.

Specific densities are assigned on the Zoning Map.

B. RS-L Residential Single-Family Low Density. To provide areas for single-family housing on smaller lots that will generally be developed as part of a larger planned subdivision where a limited number of models of varied exterior designs are built in a random pattern on individual lots with a gross density of 2 to 7 units per acre and a minimum parcel size of 6,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).

C. RM-L Residential Multifamily Low Density. To provide sites for low density multifamily housing such as townhouses, condominiums and apartments, and medium density single-family housing that incorporate good design and amenities with a gross density up to 12 units per acre (midrange density of 9 units per acre).

The minimum parcel size for multifamily housing is 3 acres. The minimum lot size for single-family housing is 4,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).

D. RM-M Residential Multifamily Medium Density. To provide sites for medium density multifamily housing such as townhouses, condominiums and apartments that incorporate good design and amenities with a gross density of 12 to 30 units per acre (midrange density of 20 units per acre) and a minimum parcel size of 5 acres.

E. RM-H Residential Multifamily High Density. To provide sites for high density multifamily housing, typically located near public transit centers, adequate streets, shopping centers or other high activity areas and that incorporate good design and amenities with a gross density of 30 to 55 units per acre (midrange density of 42 units per acre) and a minimum parcel size of 15 acres. [Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; ZO § 6.100.]
Sec. 13-6.300 Performance Standards.

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Residential streets shall be designed in relation to the needed capacity and the adjoining housing patterns while discouraging through traffic on local streets.

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2. Existing residential structures of architectural or historic significance are to be restored and maintained.

3. New residential areas shall be designed to avoid conflict with major streets or thoroughfares, and should provide access to transit facilities to encourage safe and convenient alternatives to private auto.

4. Multifamily residential land shall be developed with a balance of open space, landscaping, and recreational amenities and should be easily accessible to commercial and recreational areas and public transportation.

5. Upon reinstitution of the inclusionary housing ordinance, new residential development shall include a minimum 10 percent of the total number of units for affordable housing.

No in-lieu fees will be accepted by the City unless the developer can establish extraordinary circumstances for not providing affordable housing or unless an agreement predating the adoption of the 1996 General Plan Amendment provides otherwise.

A density bonus up to 35 percent over the maximum General Plan designation may be provided, along with the waiver of fees and the relaxation of development standards, in exchange for low income or senior housing provided, as per Section 65915 of the California Government Code, as may be amended and Sections 13-30. 420 through 13-

30.470 ( Residential Density Bonuses). In order to encourage the development of lower income housing units, the waiver of fees and the relaxation of development standards may be considered by the City in return for commitments to provide lower income housing.

6. Affordable senior housing projects with density bonuses up to General Plan maximum are allowed where desirable and compatible with special senior needs. Such projects shall only be allowed where the size of the structure and style of architecture are compatible with the surrounding neighborhood.
7 6. The use of solar systems, both active and passive designs, is encouraged in new residential development. [Ord. 544 § 3, 2023; Ord. 543 § 3, 2023; Ord. 515 § 2, 2018; Ord. 484 § 13, 2015; ZO § 6.300.]

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TITLE 13. ZONING ORDINANCE

Chapter 30. Property Development Standards

Sec. 13-30.420 Residential Density Bonuses—Purpose and Applicability.

1. This Section through Section 13-30.440 and the requirements of California Government Code Sections 65915 through 65918, as may be amended, are intended to implement the housing element of the General Plan and the requirements of California Government Code Sections 65915 t hrough 65918, of fering incentives for the development of affordable housing. Where regulations are not specifically addressed in these sections or where there are conflicts between these provisions and the provisions of California Government Code Sections 65915 through 65918, the provisions of the California Government Code, as they may be amended over time, shall apply.

2. Housing developments are eligible for a density bonus as provided in California Government Code Section 65915 a nd these provisions, when the applicant for the housing development agrees or proposes at least 1 of the following:

A. Construct:
1) Ten percent of the total units affordable to lower-income households at affordable rent or affordable housing cost; or
2) Five percent of the total units affordable to very low-income households at affordable rent or affordable housing cost; or
3) Ten percent of the total units proposed in a common interest development for sale to moderate-income households; provided, that all units in the development are offered to the public for purchase; or
4) A senior citizen housing development.

B. Donate land in accordance with California Government Code Section 65915.

3. In addition to meeting the requirements of subsection (1) of this Section, housing developments which include a child care facility in accordance with California Government Code Section 65915 ar e entitled to an additional density bonus.

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4. An applicant may also submit a proposal for specific incentives or concessions to be granted in conjunction with the density bonus, as provided in Section 13-3 0.440 .

5. The granting of a density bonus, incentive, or concession, in and of itself, shall not require a General Plan amendment, zone change, or other discretionary approval and shall be reviewed concurrently with the review of the housing development.

6. To qualify for a density bonus, a senior housing development is not required to provide affordable units; however, the entire development must be reserved for qualified senior persons pursuant to Section 51.3 of the California Civil Code. Also, any senior housing development for which a density bonus is requested and approved must have a minimum of 35 units. [Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.420.

Sec. 13-30.430 Residential Density Bonuses—Calculation.

1. Housing developments that meet the criteria in Section 13-30 .420(1) are eligible for a maximum density bonus as set forth in Table 13-30.1.

2. The calculation of a density bonus in compliance with this subsection that results in fractional units shall be rounded up to the next whole number, as required by state law.

For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

Table 13-30.1 Maximum Density Bonus Calculations Based on Government Code Section 65915
Unit Type
Minimum %
Affordable
Units in
Category
Base Density
Bonus
Granted1
Additional
Bonus for
each 1% of
Affordable
Units
Provided
%
Affordable
Units
Required
for
Maximum
35% Bonus
Very Low-Income
Units
5% 20% 2.5% 11%
Low-Income Units 10% 20% 1.5% 20%
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Table 13-30.1 Maximum Density Bonus Calculations Based on Government Code Section 65915
Unit Type
Minimum %
Affordable
Units in
Category
Base Density
Bonus
Granted1
Additional
Bonus for
each 1% of
Affordable
Units
Provided
%
Affordable
Units
Required
for
Maximum
35% Bonus
Moderate-Income
Units
10% 5% 1.0% 40%
Senior Housing See
Section 13-

30.420(6)
20% n/a n/a
Land Donation (for
very low income
housing)2
10% 15% 1.0% 30%
Condominium
Conversion (moderate
income)3
33% 25% n/a n/a
Condominium
Conversion (lower
income)3
15% 25% n/a n/a
Child Care Facility4 n/a Sq. Ft. in Day
Care Facility
n/a n/a
Notes:

1. A density bonus may be selected from only 1 category, except that density bonuses for land donation may be combined with others, up to a maximum of 35 percent, and an additional square foot bonus may be granted for a child care facility as provided in California Government Code Section 65915(h).

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2. The donation of land must conform to the requirements of California Government Code Section 65915(g).

3. The conversion of condominiums must conform to the requirements of California Government Code Section 65915.5.

4. The provision of child day care facilities must conform to the requirements of California Government Code Section 65915(h).
[Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.430.] Sec. 13-30.440 Residential Density Bonuses—Incentives and Concessions.

1. A housing development is eligible for incentives and concessions as shown in Table 13-30.2. Incentives and concessions must be selected from only 1 category (very low-, low-, or moderate-income). No incentives or concessions are available for land donation or for a senior citizen housing development that is not affordable. Condominium conversions and day care centers may have 1 incentive/concession or a density bonus, at the City’s option, but not both.

Table 13-30.2 Incentives and Concessions Calculations
Based on Government Code Section 65915
Unit Type Percent of
Affordable Units
Number of
Concessions/
Incentives
Very Low-Income
Units
5% or greater 1
10% or greater 2
15% or greater 3
Low-Income Units 10% or greater 1
20% or greater 2
30% or greater 3
Moderate-Income
Units
10% or greater 1
20% or greater 2
30% or greater 3

2. For purposes of this Section, permissible concessions and incentives include but are not limited to:

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A. A modification of development standards or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code that would otherwise be required, including but not limited to a reduction in setback requirements, lot coverage, landscape coverage, or number of parking spaces, such that the reduction or modification results in identifiable, financially sufficient, and actual cost reductions.

B. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development, and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; C. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable financially sufficient and actual cost reductions.

3. A housing development which requests incentives or concessions must show that the requested concessions are required to provide for affordable rents or affordable housing costs, as applicable. The Director shall determine the type and detail of documentation that must be provided.

4. If the housing development is eligible for a density bonus as provided in Section 13-

30.420, upon request of the applicant, the maximum off-st reet parking standards that can be applied, inclusive of handicapped and guest parking, are indicated in Table 13-

30.3. These may include tandem and uncovered parking spaces.

Table 13-30.3 Off-Street Parking
Standards for Density Bonus
Projects
Number of
Bedrooms
Maximum Number
of Off-Street
Parking Spaces
Required per Unit
0-1 1
2-3 2
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Table 13-30.3 Off-Street Parking
Standards for Density Bonus
Projects
Number of
Bedrooms
Maximum Number
of Off-Street
Parking Spaces
Required per Unit
4+ 2.5

5. Nothing in this Section requires the provision of direct financial incentives for the housing development, including but not limited to the provision of financial subsidies, publicly owned land by the City, or the waiver of fees or dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

6. An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria outlined in Section 13-3 0.420 at the densities or with the concessions or incentives permitted under Section 13-3 0.440 . A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled. The applicant shall bear the burden of demonstrating that the development standards that are requested to be waived will have the effect of physically precluding the construction of the housing development with the density bonuses and incentives.

7. The City Council shall grant the concession or incentive requested by the applicant unless the Council makes a written finding, based upon substantial evidence, of either of the following:

A. The concession or incentive is not required to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set in compliance with Government Code Section 65915(c); or
B. The concession or incentive would have a specific adverse impact, as defined by California Government Code Section 65589.5(d)(2), upon public health and DocuSign Envelope ID: AB6FAE26-E560-4721-9293-DEAF8AAFA1D3 90 Ordinance No. 551

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safety, or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. [Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.440.]

Sec. 13-30.450 Residential Density Bonuses—General Requirements.

1. Affordable for-sale and rental low- and very low-income units must remain affordable to low- or very low-income households, as applicable, for 55 years or for a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

2. The affordable dwelling units and land dedication that qualify a housing development for a density bonus may also be used to meet the inclusionary housing provisions of the City’s inclusionary housing requirements (Municipal Code Title 10, Chapter 19), to the extent that the Inclusionary Housing requirements are applicable and/or operable; provided, that the affordable units and land dedication comply with the requirements of both the Density Bonus Ordinance (Sections 13-30. 420 through 13-30.470), and the Inclusionary Housing Ordinance (Title 10, Chapter 19) as it may apply regarding the required number of affordable units, required level of affordability, and term of affordability so as to provide the greatest affordability to the most households for the longest term.

3. The designated units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the nondesignated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

4. If a project is to be phased, the density bonus units shall be phased in the same proportion as the nondensity bonus units, or phased in another sequence acceptable to the City.

5. A master regulatory agreement shall be made between the developer and the City which indicates the household type, number, location, size and construction scheduling of all affordable units, and such information as shall be required by the City for the purpose of determining the developer’s compliance with this Chapter. The regulatory agreement shall be recorded against the housing development prior to final or parcel DocuSign Envelope ID: AB6FAE26-E560-4721-9293-DEAF8AAFA1D3 91 Ordinance No. 551

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map approval or, where a map is not being processed, prior to issuance of any building permits, and shall be binding on all future owners and successors in interest.

6. The City may establish fees associated with the setting up and monitoring of affordable units.

7. For rental affordable very low- and low-income units:

A. The owner shall obtain and maintain on file certifications by each household.

Certification shall be obtained immediately prior to initial occupancy by each household and annually thereafter, in the form provided by the City or its designee.

The owner shall obtain updated forms for each household on request by the City, but in no event less frequently than once a year. The owner shall maintain complete, accurate, and current records pertaining to the housing development, and will permit any duly authorized representative of the City to inspect the records pertaining to the affordable units and occupants of these units.

B. The owner shall submit an annual report to the City, on a form provided by the City. The report shall include for each affordable unit the rent, income, and family size of the household occupying the unit.

C. The owner shall provide to the City any additional information required by the City to ensure the long-term affordability of the affordable units by eligible households.

8. For any application submitted or processed after January 1, 2015, an applicant shall be ineligible for a density bonus or any other incentives or concessions under this Section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the 5-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units (as defined by California Government Code Section 65915[c][3][B]), and either of the following applies:

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A. The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in Section 13-

30.420(2).

B. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. [Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.450.]

Sec. 13-30.4630 Residential Density Bonuses—Application Requirements.

1. An applicant may submit a preliminary proposal for housing development pursuant to Sections 13-30 .420 through 13-30.470 C alifornia’s Density Bonus Law , including but not limited to Government Code Section 65915, prior to the submittal of any formal application.

2. All requests pursuant to Sections 13-30. 420 through 13-30.470 C alifornia’s Density Bonus Law, including but not limited to Government Code Section 65915, shall be submitted to the City concurrently with the application for the first discretionary permit or other permit required for the housing development and shall be processed concurrently with the discretionary application following the review process as set forth for permits in Chapters 13-40 and 13-42, design review, (when applicable). The applicant shall provide additional information as specified in Sections 13-30 .420 through 13-30.470 California’s Density Bonus Law, including but not limited to Government Code Section 65915, specifically:

A. Provide a written statement specifying the desired density increase, incentives and any waivers requested; proposed rent schedules and/or sales prices; and the type, location, size, and construction scheduling of all dwelling units; B. Submit sufficient evidence demonstrating that the requested incentive(s)/concession(s) result in an actual and identifiable cost reductions;a project financial report (pro forma) demonstrating that the requested incentives will result in identifiable, financially sufficient, and actual cost reductions to the housing development and they are required to provide for affordable rents or affordable housing costs, as applicable. The pro forma shall include the capital costs, operating expenses, return on investment, loan-to-value ratio and the debt coverage ratio including the contribution(s) provided by any applicable subsidy program(s), as required;
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C. An appraisal report indicating the value of the density bonus and of the incentive(s)/concession(s);
D. A use of funds statement identifying the financial gaps for the housing development with the affordable housing units. The analysis shall show how the funding gap relates to the incentive(s)/concession(s);
CE. For any requested waiver of a development standard, evidence that the development standard for which the waiver is requested will have the effect of physically precluding the construction of the housing development with the density bonus and incentives requested;
DF. If a mixed-use building or project is proposed as an incentive, evidence that nonresidential land uses will reduce the cost of the housing development and that the nonresidential land uses are compatible with the development and the existing or planned development in the area;
EG. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and evidence that each of the requirements included in California’s Density Bonus Law, including but not limited to Government Code Section 65915(g) c an be met.

FH. If a density bonus or incentive is requested for a child care facility, evidence that all of the requirements in California’s Density Bonus Law, including but not limited to Government Code Section 65915(h) c an be met.

GI. Any other information requested by the Community Development Director or their designee to determine if the required findings can be made. [Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.460.]
Sec. 13-30.4740 Residential Density Bonuses—Findings.

1. Before approving an application that includes a request for a density bonus, incentive, parking reduction, and/or waiver pursuant Sections 13-30. 420 t hrough this section to California’s Density Bonus Law, including but not limited to Government Code Section 65915, the decision-making body shall make all of the following findings, as applicable:

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A. That the residential project is eligible for the density bonus and any incentives, parking reductions, or waivers requested.

B. That any requested incentive will result in identifiable, financially sufficient, and actual cost reductions based upon the financial analysis and documentation provided.

C. That there are sufficient provisions to guarantee that the units will remain affordable for the required time period.

D. If the density bonus is based all or in part on donation of land, a finding that all the requirements included in California’s Density Bonus Law, including but not limited to Government Code Section 65915(g) hav e been met.

E. If the density bonus, concession, or incentive is based all or in part on the inclusion of a child care facility, a finding that all the requirements included in California’s Density Bonus Law, including but not limited to Government Code Section 65915(h) hav e been met.

F. If the concession or incentive includes mixed-use development, a finding that all the requirements included in California’s Density Bonus Law, including but not limited to Government Code Section 65915(k)(2) hav e been met.

G. If a waiver is requested, a finding that the development standards for which the waiver is requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives permitted.

2. If the findings required by subsection (1) of this Section cannot be made, the City Council may deny an application for a concession, or incentive, or waiver only if it makes 1 of the following written findings, supported by substantial evidence:

A. The concession, or incentive does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable housing costs, as defined in Section 50052.5 of the health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c), or waiver is not required to provide for affordable housing; or
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B. The concession or, incentive, or waiver would have a specific, adverse impact, as defined in Government Code paragraph (2) of subdivision (d) of Section 65589.5, upon public health andor safety or the physical environment or on real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the development was deemed complete; or
C. The concession or, incentive, or waiver is contrary to State or Federal law.

3. If the findings required by subsection (1) of this Section cannot be made, the City Council may deny an application for a waiver only if it makes 1 of the following written findings, supported by substantial evidence:

A. The waiver or reduction of development standards has a specific, adverse impact as defined in Government Code Section 65589.5(d.2), upon health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; or
B. The waiver or reduced development standards has a specific, adverse impact on any real property that is listed in the California Register of Historical Resources; or
C. The waiver is contrary to State or Federal law.

43. If the findings required by subsection (1) of this Section can be made, the decision- making body may deny an application for a density bonus or incentive that is based on the provision of child care only if it makes a written finding, based on substantial evidence, that adequate child care facilities are already available in the City. [Ord. 515 § 2, 2018; Ord. 484 § 12, 2015; ZO § 30.470.]

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TITLE 13. ZONING ORDINANCE
Chapter 60. Definitions
Sec. 13-60.200 Definitions.
“Affordable housing cost” means the amount set forth in the Health and Safety Code Section 50052.5, as may be amended.
“Affordable rent” means the amount set forth in the Health and Safety Code Section 50053, as may be amended.
“Density bonus” means a density increase over the otherwise maximum allowable residential density in accordance with the provisions of Sections 13-30. 420 through 13-

30.470 (residential density bonuses) C alifornia’s Density Bonus Law, including but not limited to Government Code Section 65915 as of the date of the project application.
“Lower-income household” means a household whose gross income does not exceed that established by Health and Safety Code Section 50079.5, as may be amended. (generally less than 80 percent of County median income and includes very-low income category).
“Moderate-income household” means a household whose gross income does not exceed that established by Section 50093 o f the Health and Safety Code, as may be amended. (generally 80 to 120 percent of County median income). “Senior citizen housing development” means a housing development with at least 35 dwelling units as defined in Civil Code Section 51.3, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799 .5 of the Civil Code, as may be amended. “Very low-income household” means a household whose gross income does not exceed that established by Health and Safety Code Section 50105, as may be amended. (generally less than 50 percent of County median income and includes extremely-low category).

SECTION 3. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. It can be seen with certainty that t here is no DocuSign Envelope ID: AB6FAE26-E560-4721-9293-DEAF8AAFA1D3 97 Ordinance No. 551

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possibility that the ordinance will result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.

Further, none of the circumstances described in CEQA Guidelines § 15300.2 applies.

No unusual circumstances are present. This determination reflects the City of Hercules’ independent judgment and analysis.

SECTION 4. The Ordinance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as the proposed Ordinance will comply with, implement, and adopt by reference State Density Bonus Law; SECTION 5. The Hercules C ity Council has reviewed, considered, and evaluated all of the information prior to acting upon Ordinance.

SECTION 6. S everability. 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 7. Codification. Section 2 of this Ordinance shall be codified in the Hercules Municipal Code. Sections 1 and 3 through 8 shall not be so codified.

SECTION 8. Effective Date and Publication . The City Clerk shall certify 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 26th day of March, 20
24, and was passed and adopted at a regular
meeting of the Hercules City Council on the 9th day of April, 2024, by the following vote of the Council:

AYES: Council Member: T. Grimsley, C. Kelly, A. Walker-G riffin, Vice Mayor: D. Bailey and Mayor:

D. Romero
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Dan R
omero, Mayor
ATTE
ST:

Ei
bleis Melendez, City Clerk
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STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 9, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director

SUBJECT: Waive Second Reading and Adopt Ordinance R epealing Local Density Bonus Regulations in Hercules Municipal Code and Reference State Density Bonus Law

RECOMMENDED ACTION:

Staff recommends that the City Council waive second reading and adopt Ordinance No. 24-XX (Attachment 2) amending provisions of Hercules Municipal Code Sections 13-

6.100, 13-6.300 and 13-30.420, amending and renumbering Sections 13-30.460 and 13-

30.470, repealing Sections 13-30.430, 13-30.440 and 13-30.450 and amending Section 13-60.200 to comply with the State Density Bonus Law and finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

PLANNING COMMISSION RECOMMENDATION AND COUNCIL INTRODUCTION:

On March 4, 2024, at their regularly scheduled meeting, the Planning Commission approved Resolution No. 24-02 (Attachment 3), recommending City Council approval of the amended provisions of the Hercules Municipal Code to comply with the State Density Bonus Law.

At its March 26, 2024 regular meeting, the City Council waived first reading and introduced the proposed Ordinance with a vote of 5-0.

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BACKGROUND:

The City of Hercules regulates and implements the State of California Density Bonus Law (SDBL). The current standards in the Municipal Code allow a sliding scale of density bonuses and the granting of concessions based on the amount and type of affordable housing that is provided, an unlimited number of waivers or reductions of local regulations, and parking reductions based on unit size.

Between 2018 and 2023, the State amended the SDBL 10 times (Attachment 4), so it has been challenging for cities to keep up with required updates to local density bonus ordinances. This proposal would amend the Municipal Code to be consistent with, and refer to , updated State law. The proposal contains the most up- to-date regulations regarding density bonus opportunities.

Since 2021, the City has been receiving housing-related technical assistance through the Association of Bay Area Governments (ABAG) as part of the Regional Early Action Planning (REAP) Grant Program from the State Housing and Community Development Department (HCD). The Contra Costa County Collaborative (C4) meets monthly to discuss housing-related topics, including completing and certifying housing elements, the implementation and complying with evolving State laws.

Recently, several Contra Costa County agency staff discussed repealing their local density bonus regulations/ordinances and adopting references to State law. This approach streamlines local implementation and eliminates the need for numerous amendments to the Zoning Ordinance as State law is amended in the future.

The State Density Bonus Law (SDBL) was adopted in 1976 to address California’s affordable housing needs. The SDBL required local agencies to allow increased density, reduced standards, and development incentives based upon the number and type of affordable housing units proposed. Over time, the law has been expanded to include housing for households at a wider range of income levels and with specialized needs (for example seniors, students, foster youth, formerly homeless persons, and disabled veterans).

The SDBL applies to housing projects, including mixed- use developments, new subdivisions, and common- interest developments. Density bonuses and associated incentives and concessions are intended to offset the financial burden of constructing affordable units. The density bonus and associated concessions are based upon the amount and type of affordable units provided.

Qualifying residential projects which set aside a certain percentage of units for affordable residents may be eligible for one or more of the following under SDBL:

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 Density Bonus: An increase above the maximum allowed density permitted in the General Plan Land Use Element or Zoning Code. The amount of the bonus depends upon the quantity of affordable units and the level of affordability.

 Incentives/Concessions: Modifications to City development standards that result in actual and identifiable cost reductions to provide for affordable housing costs or rents.

The number of required incentives is based on the percentage of affordable units provided in the qualifying project. For example, developers may ask for increased height above that allowed by the zoning regulations to accommodate the additional units granted in a density bonus.

 Reductions/Waivers: Modification to City development standards that would physically prevent the construction of a housing development at the density permitted with a bonus and any concessions, except where the waiver would cause a public health or safety concern, harm historical property, or would be contrary to the law. There is no limit to the number of reductions/waivers that may be requested. For example, applicants may request decreased setbacks and/or increased floor area ratio and/or waiver of hills ide regulations that would preclude a qualifying project from being constructed at the proposed density.

 Reduced Parking Ratios - Parking ratios are defined based on unit size:
o Zero to one bedroom: one on-site parking space per unit; o Two to three bedrooms: one and one-half on-site parking spaces per unit; and, o Four or more bedrooms: two and one-half parking spaces per unit.

ANALYSIS:

Existing Density Bonus Ordinance
Hercules Municipal Code Sections 13- 30.420 Purpose and Applicability , 13 -30.430 Calculations, and 13-30.440 Incentives and Concessions include the Residential Density Bonus standards. The last update to this portion of the City of Hercules Residential Density Bonus standards was in 2015, and it is therefore out of compliance with current State Density Bonus Law.

The SDBL includes much of the information that is currently included in Hercules Municipal Code, but it also includes additional definitions and options that have not yet been adopted by the City. For example, the SDBL now provides density bonus options for the construction of student housing, shared housing, and housing for transitional foster youth, disabled veterans, and homeless persons.

Proposed Ordinance
Staff proposes to repeal and replace the existing density bonus regulations with the Ordinance attached to this staff report. The new regulations would adopt the SDBL by reference and identify when the regulations apply. The draft ordinance also contains requirements related to physical constraints and parking reductions, outlines applicati on DocuSign Envelope ID: AB6FAE26-E560-4721-9293-DEAF8AAFA1D3 101

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requirements, and specifies the approval process for density bonus projects. The draft ordinance also acknowledges that future State law amendments may occur.

In future years, as the legislature continues to amend and/or refine SDBL (Attachment 5), the Hercules Municipal Code will remain consistent with State law, and the City will avoid frequent zoning updates. In addition, by referencing State law, City staff will find it easier to process applications and communicate relevant regulations to applicants, the public, and appointed/elected officials.

FISCAL IMPACT OF RECOMMENDATION:

There are no direct fiscal impacts associated with this item.

ATTACHMENTS:

Staff Report – Density Bonus Regulations
Attachment 1 – Draft Ordinance
Attachment 2 – Planning Commission Resolution No. 24-02 Attachment 3 –Legislative History Summary (2019-2022)
Attachment 4 –Summary of Pending (2023-2024) Legislation

DocuSign Envelope ID: AB6FAE26-E560-4721-9293-DEAF8AAFA1D3 102
CO

NSENT CALENDAR

AGENDA ITEM

5. 22-959
103

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 24, 2024
TO: Mayor Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: Conflict of Interest Code Biennial Review
RECOMMENDED ACTION: Adopt a Resolution amending the City’s Conflict of Interest Code for designated employees, consultants, boards, committees and commissions for the City of Hercules.

BACKGROUND:

The Political Reform Act of 1974 requires that cities and other local agencies adopt Conflict of Interest Codes and that these codes require disclosure of financial interests of certain employees, consultants, boards, commissions and committees, if these persons are likely to be involved in decision-making that could affect their own financial interests.

All public employees must comply with the State’s general conflict of interest laws by abstaining from influencing or making decisions that would affect their own financial interests. Additionally, employees who hold positions designated in the City’s Conflict of Interest Code must disclose specified types of financial interests on annual financial disclosure statements that are filed with the City Clerk. Government Code Section 87309(c) states that the Code may not be approved if it “fails to adequately differentiate between designated employees with different powers and responsibilities.” With that in mind the City’s Conflict of Interest Code includes varying disclosure categories.

The City’s Conflict of Interest Code does not list the City Council, Planning Commission, City Manager, City Attorney or Treasurer (Finance Director) as these positions are required under Government Code §87200 to report to the Fair Political Practices Commissio n (FPPC). No other commissions are required to report under the City’s Conflict of Interest Code as they are advisory to the City Council only.
22-959
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The City Council last amended the Conflict of In terest Code on October 11, 2022 by Resolution No. 22.-086. State law requires every local governmental agency to periodically review its Conflict of Interest Code to determine if it is up to date. After a review of the City’s Code, it has been determined that one (1) position title needs to be amended, and one (1) position title needs to be added. The position of Human Resources Administrator needs to be amended to Human Resources Technician and the position of Human Resources Manager needs to be added. Recommendations for amendments to the list are underlined and any deletions are shown with strikethrough.

FISCAL IMPACT:

There is no fiscal impact as a result of this item.

ATTACHMENTS:

1. Resolution with Exhibit “A”

2. Local Agency Biennial Notice

105

CITY OF HERCULES
RESOLUTION NO. 24-

RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HERCULES AMEND ING THE CITY’S CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEE S,

CONSULTANTS, BOARDS, COMMITTEES AND COMMISSIONS FOR THE CITY OF

HERCULES

WHEREAS, provisions of the Political Reform Act requires local agencies to adopt and promulgate conflict of interest codes; and

WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, Title 2, Division 6, California Code of Regulations section 18730, which contains the terms of a model conflict of interest code which meets the requirements of the Political Reform Act; and

WHEREAS, Title 2 California Code of Regulations 18730 has been incorporated by reference in the City’s Conflict of Interest Code; and

WHEREAS, the City of Hercules last amended its Conflict of Interest Code by Resolution No. 22-086 adopted by the City Council on October 11, 2022; and

WHEREAS, after a review of the designated positions and disclosure categories, it has been determined that the Code should be amended to add the position of Human Resources Manager; and

WHEREAS, the position of Human Resources Administrator should be amended to Human Resources Technician; and

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

1. That the terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the FPPC shall, along with Exhibit A – 2022 Conflict of Interest Code for the City of Hercules, which are attached and incorporated herein by reference, in which members, employees, and consultants are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Hercules; and

2. All designated members, employees, and consultants of the City of Hercules set forth on Exhibit A – 2024 Conflict of Interest Code shall file Statements of Economic Interest with the City Clerk of the City of Hercules; and

3. Resolution Number 22-086 is repealed by the adoption of this resolution which shall control over prior versions.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 24th day of September 2024, by the following vote of the Council:
106

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Dan Romero, Mayor

ATTEST:

____________________________
Eibleis Melendez, City Clerk

107

Exhibit A

2024 CONFLICT OF INTEREST CODE FOR THE

CITY OF HERCULES

The Political Reform A ct, Government Code Section 81000, et. Seq., requires state and local agencies to adopt and promulgate Conflict of Interest C odes. The Fair Political Practices Commission has adopted regulation, California Code of Regulations Title 2, Section 18730, which contain the term of a standard Conflict of Interest C ode. It can be incorporated by reference.

Therefore the terms of California Code of Regulations Title 2, Section 18730 and any amendments to it and duly adopted by the Fair Political Practices Commissi on are hereby incorporated by reference and, along with the attached Appendix in which employees and consultants are designated and disclosure obligations are set forth, constitute the City of Hercules Conflict of Interest Code.

Designated employees and c onsultants shall file Statements of Economic I nterests with the City Clerk by the appropriate deadline. Statements of Economic Interest are public records pursuant to Government Code Section 81008 and can be reviewed and or copied during business hours at City Hall, located at 111 Civic Drive, Hercules.

=========================================

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APPENDIX 1
City of Hercules Conflict of Interest Code

DESIGNATED POSITIONS PERFORMING DESIGNATED SERVICE
BY DEPARTMENT1

CLASSIFICATION DISCLOSURE CATEGORIES
Administrative Services
City Clerk/PIO 1, 2, 3, 4
Information Systems Specialist 2, 3
Consultants* 1, 2, 3, 4
Human Resources Administrator Technician 2,3 Human Resources Manager 1,2, 3,4
Information Systems Administrator 2, 3

Parks & Recreation
Parks & Recreation Director 1, 2, 3, 4
Recreation Manager 2, 3
Recreation Coordinator 2, 3

Police
Administrative Specialist 2, 3
Chief of Police 1, 2, 3, 4
Police Commander 2, 3

Planning
Community Development Specialist 2, 3
Community Development Director 1, 2, 3, 4
Planning Manager 1, 2, 3, 4

Public Works
Public Works Director/City Engineer 1, 2, 3, 4
Public Works Superintendent 1, 2, 3, 4

*Any individual is a consultant if either of the following apply: 1) The person serves in a staff capacity with the City and in that capacity performs the same or substantially all the same duties for the City that would be performed by a person holding a position specified or that should be specifi ed in the C ity’s Conflict of Interest Code; or 2) The person makes a governmental decision listed in 2 CCR Section 19701(a)(2).

The City Clerk/PIO and/or the City Manager and/or the City Attorney may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure obligations in the Conflict of Interest Code. Such a determination shall include a description of the consultant’s duties and, based upon tha t description, a statement of the extent of disclosure requirements. The determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

1 Positions covered under Government Code §87200 (City Council, Planning Commission, City Manager, City Attorney, and Finance Director) are not covered by the local Conflict of Interest Code. 109

APPENDIX 2

DISCLOSURE CATEGORIES
Category 1 – Interests in Real Property
All interests in real property located in whole or in part' within the jurisdiction of the City of Hercules. Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Hercules or within two miles of any land owned or used by the City of Hercules. Interest in real property includes any leasehold, beneficial or ownership interest or an option to acquire such an interest in real property located in the jurisdiction if the fair market value of the interest is greater than two thousand dollars ($2,000). Interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own in the aggregate, a direct, indirect or beneficial interest of ten (10) percent or greater. Interest in real property does not include the principal residence of the person making the disclosure.

Category 2 – Investments
All financial interest in excess of $2,000 held by the individual, his/her spouse or dependent children or securities issued by a business entity if the business entity or any parent, subsidiary or otherwise related business entity has an interest in real property in the City of Hercules or is located in or does business or plans to do business in the City of Hercules, or has done business within the City of Hercules at any time during the two years prior to the time the disclosure statement is made, and a pro rate share of investments or any business entity, mutual fund, or trust in which the person making the disclosure statement or his or her spouse or dependent children owns directly, indirectly or beneficially a ten (10) percent interest or greater, if such business entity, mutual fund or trust has an interest in real property in the City of Hercules or is located in or does business or plans to do business in the City of Hercules, or has done business within the City of Hercules at any time during the two years prior to the time the disclosure statement is made.

Category 3 –Income
All sources of income as d efined in the Political Reform Act of 1974, as amended. Not included in this disclosure category is income, other than a gift, received from any source outside the City of Hercules and not doing business within the City of Hercules, not planning to do business within the City of Hercules or not having done business within the City of Hercules during the two years prior to the time the disclosure statement is made.

Category 4 – Business Positions
Any official has an economic interest in any business entity i n which he or she is an officer, director, or employee or holds any business position, irrespective of whether he or she has an investment in or receives income from the entity.
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www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
111

DISCUSSION AND/OR ACTION

AGENDA ITEMS

1. 22-961

2. 22-962

3. 22-960

4. 22-963

112

REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 24, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Mike Roberts, Public Works Director
SUBJECT: Approval of Update to the West Contra Costa Transportation Advisory Committee (WCCTAC) Joint Power Agreement (JPA) RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution approving the updated WCCTAC JPA.

BACKGROUND:

The West Contra Costa Transportation Advisory Committee (WCCTAC) is one of four Regional Transportation Planning Committees (RTPCs) in Contra Costa County and represents the West Contra Costa County sub-area. The RTPCs were created in 1988 to guide transportation projects and programs included in the Measure C, ½ cent, transportation sales tax approved by Contra Costa voters. Measure C was succeeded by Measure J in 2004.

WCCTAC recently adopted a new “doing business as” name and is currently known as the West Contra Costa Transportation Commission (WCCTC). Its official legal name, however, remains the same and is what appears in the Joint Powers Agreement. As such, this staff report uses the legal name.

WCCTAC is a public agency, governed by a Joint Powers Agreement (JPA) between the following member agencies: the cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo; Contra Costa County; and the transit operators, AC Transit, BART, and WestCAT. WCCTAC’s operating revenues are derived from dues paid by member agencies as well as from numerous grants.
22-961
113
WCCTAC aims to improve the transportation system in West Contra Costa through the development and coordination of transportation plans, projects, programs and policies for the West Contra Costa area. In addition to directing some funds from Measure J, WCCTAC administers the Sub-regional Transportation Mitigation Fee Program (STMP) which collects impact fees from development projects built in the West Contra County and applies them to transportation improvements.

WCCTAC also manages a Transportation Demand Management (TDM) Program using the “511 Contra Costa” brand which is aimed at vehicle trip reduction. Programs include: outreach to assist employers with development of trip reduction programs, bicycle programs, carpool and transit incentive programs and other projects to encourage alternative to driving alone.

WCCTAC appoints two representatives to the Contra Costa Transportation Authority (CCTA) who serve alternating two-year terms. CCTA is the countywide governing body for Measures J and also directs certain state and federal transportation funds that are allocated to Contra Costa County. CCTA also serves as the county’s Congestion Management Agency (CMA). Hercules Council Member Chris Kelley is currently serving as a CCTA Board member representing WCCTAC.

Given WCCTAC’s JPA was last updated in 2003, which is over 20 years ago, their Board is now pursuing an update which requires the approval of two -thirds of all member agencies.

ANALYSIS:

The Updated JPA includes mostly minor edits, clarifications, text improvements , and updates for events that occurred after 2003. For example:

Minor Edit – On Pg.2, Subsection 1 : A dd “and” before “transit district transportation agency” to indicate it is the last adjective describing the characteristics of the JPA.

Text Improvement – On Pg.1, 5th Recital: Insert “or individually as an “Agency” to add a more elegant alternative to using “Parties” to refer to the JPA entity.

Clarification – On Pg. 10, (3)(b): A majority vote is replaced with “Six affirmative votes” to clarify the number of affirmative votes needed given there are eleven votes cast for WCCTAC business decisions. Other actions such as appointment to the WCCTAC Board have a different voting structure.

Update – On Pg. 1 : Add 4 th Recital “WHEREAS, on N ovember 2, 2004, the voters of Contra Costa County approved Measure “J” which is the successor to Measure C” since this occurred after the last update in 2003.

There is one potentially impactful change to the JPA proposed on Pg.8, in section (9)(A)(1)(b) which is to remove “Each member and alternative shall serve without compensation.” Striking this wording from the JPA would allow for the possibility of the 114
WCCTAC Board approv ing small meeting stipends for Board members in the future . A vote at WCCTAC authorizing such stipends has not yet occurred. Additionally, WCCTAC staff has stated that it has not yet confirmed whether such stipends would be recommended by WCCTAC staff under current law . To date, a majority of the other member agencies have approved all proposed changes to the JPA. S taff is recommending that Hercules do the same and that the City Council approve the proposed update in its entirety.

FISCAL IMPACT:

This action does not have any direct fiscal impact.

ENVIRONMENTAL REVIEW:

Approval of the updated JPA is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 because it is an administrative activity that does not directly or indirectly impact the environment.

ATTACHMENTS:

1. JPA – Redline

2. Resolution
a. JPA – Clean Version
115

RESOLUTION NO. 24-_____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCU LES APPROVING

AN UPDATE TO THE WES T CONTRA COSTA TRANS PORTATION ADVISORY

COMMITTEE (WCCTAC) JOINT POWERS AGREEMENT (JPA)

WHEREAS, WCCTAC’s JPA was last revised in 2003 and their Board is pursuing an update which requires the approval of two-thirds of all member agencies; and

WHEREAS, the proposed changes to the JPA are mostly minor edits, clarifications, text improvements, and updates for events that occurred after 2003; and

WHEREAS, the City Engineer and City Attorney have reviewed the proposed changes and are recommending they be incorporated into the JPA; and

WHEREAS, adoption of th e proposed changes to the JPA is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 because adoption of the changes is an administrative activity that will not directly or indirectly impact the environment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves the update to the West Contra Costa Transportation Advisory Committee (WCCTAC) Joint Power s Agreement attached hereto as Exhibit A and incorporated herein, and authorizes the City Manager to take any and all actions necessary to carry out this approval.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of th e City of Hercules held on the 24th day of September 2024 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________
Dan Romero, Mayor
ATTEST:

Eibleis Melendez, City Clerk

ATTACHMENT: Updated Joint Powers Agreement
116

WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE

JOINT EXERCISE OF POWERS AGREEMENT
This restatement and amendment of the West Contra Costa Transportation Advisory Committee (WCCTAC) Joint Exercise of Powers Agreement (Agreement) is entered into on this X 28th day of X January , 2023 2003, by and between the City of El Cerrito, a municipal corporation; the City of Hercules, a municipal corporation; the City of Pinole, a municipal
corporation; the City of Richmond, a municipal corporation and charter city; the City of San Pablo, a municipal corporation; the County of Contra Costa, a political subdivision of the State of California; the Alameda-Contra Costa Transit District (AC Transit), a transit district organized and existing pursuant to the provisions of the California Public Utilities Code; the San Francisco Bay Area Rapid Transit District (BART), a transit district organized and existing pursuant to the provisions of California Public Utilities Code; and the Western Contra Costa County Transit Authority (WestCAT), a joint exercise of powers authority operating pursuant to Government Code Section 6500, et. seq.; and restates in full those provisions of the original Agreement, except as amended herein.

WITNESSETH:

WHEREAS, in November 1988, the voters of Contra Costa County approved Measure "C" which established and funded a
transportation agenda for Contra Costa Coun ty; and

WHEREAS, in response to the adoption of Measure "C", the Parties to this Agreement decided to formalize the previously existing West Contra Costa Transportation Advisory Committee as a legal entity created to address transportation issues; and

WHEREAS, on January 28, 2003, the WCCTAC Board restated and amended its Joint Exercise of Power Agreement; and

WHEREAS, on November 2, 2004, the voters of Contra Costa County approved Measure “J” which is the successor to Measure C; and

WHEREAS, each of the public Agencies which are a party to this Agreement, hereafter referred to collectively as the "Parties", or individually as an “Agency”, has the power to address transportation issues; and

WHEREAS, each of the Parties to this Agreement believes that a combination of their separate powers and abilities may enable 117
them to more effectively respond to Measure "JC", the successor to Measure “C”, and to address transportation issues; and

WHEREAS, each of the Parties to this Agreement propose by this Agreement to exercise their respective common powers jointly for the purpose of responding to the passage of Measure "JC" and addressing existing and future transportation issues; and

WHEREAS, California Government Code Section 6500, et seq. provides that two or more public Agencies by Agreement may jointly exercise any power that any one of the Agencies could exercise separately; and

WHEREAS, the Parties to this Agreement are desirous of
conferring upon a separate legal entity the necessary powers with regard to responding to Measure "JC" and for addressing transportation issues for the benefit of each and all of the Parties.

NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO AGREE AS FOLLOWS:

1. OBJECTIVE AND COMMISSION
The objective of this Joint Exercise of Powers Agreement is to create a city, county, and transit district
transportation agency advisory committee which shall
protect and advance the interests of West Contra Costa
County communities with regard to transportation issues in general and the utilization of Measure "JC" funds in
particular. More specifically, the committee created by this Agreement is commissioned to:
(A) Assist member Agencies with a coordinated and
cooperative implementation of the West Contra Costa
Action Plan Updates 2000;

(B) Participate in the development and implementation of the Countywide Comprehensive Transportation Plan;

(D) Assist member Agencies with Congestion Management
Program compliance requirements;

(E) Develop regional strategies and meet regional
requirements established by Measure "JC";
118
(F) Cooperatively address transportation issues, beyond Measure "JC" requirements, when said issues affect
West Contra Costa County interests;

(G) Assess the transportation needs of the West Contra
Costa County area;

(H) Consider the development of expanded Develop, expand, or improve West Contra Costa County transit services
and Transportation DemandSystems Management (TDSM)
programs;

(I) Advise the Parties on transportation issues;

(J) Coordinate the actions and responses of the Parties with regard to transportation issues;

(K) Formulate transportation policy statements;

(L) Sponsor educational forums, workshops, TSM Coordinator- trainings, and discussions on transportation matters;

(M) Develop and administer a West Contra Costa Regional TDSM program to encourage use of alternatives to
single occupant commute travel;

(N) Gather information necessary to carry out the foregoing purposes;

(0) Oversee the Subregional Transportation Migration
Program (STMP).; and

(P) Manage the Richmond Intermodal Station project.

2. DEFINITIONS
Certain words as used in this Agreement shall be defined as follows:
(A) "Agency" shall mean each city, transit district, county or joint exercise of powers authority which is a
signatory to this Agreement.

(B) "Board" or “WCCTAC Board” shall mean the board
constituted herein pursuant to this Agreement to
administer and execute this Agreement.

(C) "Congestion Management Program" shall mean the State mandated program which establishes performance
119
standards and requirements for the transportation
system, creates a process to analyze the impact of land use changes on regional transportation, and creates a
capital improvement program to maintain the regional
transportation system.

(D) "Countywide Comprehensive Transportation Plan (CCTP)" shall mean a countywide plan required under Measure
"C". The CCTP is created from the five regional
transportation planning committee action plans and is
updated every two years.

(E) "Subregional Transportation Mitigation Program" or
"STMP" shall refer to the program under which developer fees are imposed on properties located in the West
Contra Costa County area for use in funding
transportation mitigation projects.

(F) "Transportation Demand Systems Management" or "TDSM" shall mean any combination of measures that are
designed to provide information, assistance, and
incentives to employees and residents to encourage
use of alternatives to single occupant commute
travel.

(G) "TDSM Ordinance" shall mean the Transportation Demand Systems Management ordinance(s) adopted by West Contra
Costa cities and Contra Costa County setting forth the
purpose, goal, objectives, requirements, and
responsibilities of the West Contra Costa Regional
TDSM Program.

(H) "West Contra Costa Action Plan Update 2000" shall mean the regional transportation plan update for West County adopted in any given yearJuly 2000, required by
Measure JC, and intended to create a framework for
member agencies to jointly and cooperatively address
regional transportation issues.

(I) "West Contra Costa Regional TDSM Program" shall mean a Transportation Demand Systems Management Program
managed by the WCCTAC staff on behalf of the member
cities with the purpose of reducing vehicle trips
and increasing ridesharing and transit usage.

"West Contra Costa Transportation Advisory Committee"
also referred to as "WCCTAC" shall mean the public and
separate entity created by this Agreement.
120
(K) "West Contra Costa Transportation Advisory Committee- Technical Advisory Committee" also referred to as
"WCCTAC-TAC" shall mean the technical advisory
committee to the West Contra Costa Transportation
Advisory Committee.

3. HEADINGS

All headings contained herein are for convenience or
reference only and are not intended to define or limit the scope of any provision of this Agreement.

4. EFFECTIVE DATE

This restatement and amendment of the WCCTAC Joint Exercise of Powers Agreement shall become effective upon the receipt by the WCCTAC Managing Executive Director of properly
executed copies of the Agreement from not less than two- thirds of all member Agencies of WCCTAC.

5. CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY

COMMITTEE

WCCTAC was formally created as a "Joint Powers Agency" in 1990 pursuant to California Government Code Section 6500, et seq. Through this Agreement it is hereby confirmed that the West Contra Costa Transportation Advisory Committee
(hereinafter referred to as "WCCTAC”) shall exercise in the manner hereinafter set forth the powers common to each of the member Agencies until this Agreement is amended or
terminated. WCCTAC shall be a public entity separate from the member Agencies. No debt, liability, or obligation of the WCCTAC shall constitute a debt, liability, or obligation of any member Agency. Each Agency's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as the parties hereto may agree to and direct in accordance with this Agreement.

6. POWERS

The powers of the WCCTAC shall include and be limited to the following:
121
(A) to annually adopt a work program along with a
budget setting forth all operational expenses for
WCCTAC, together with an apportionment of expenses
allocated to each Agency. The draft work program and
budget of the WCCTAC shall be prepared by April 1
and shall be submitted for review to each member
Agency prior to its final adoption by the WCCTAC
Board. on or about July 1. .Each member Agency
shall provide comments to WCCTAC staff concerning
the WCCTAC work program and budget by June 1.

(B) to make and enter into contracts;

(D) to employ or contract for the services of
agents, consultants, engineers, attorneys, and such
other persons or firms as it deems necessary to
carry out the objectives of this Agreement;

(E) to conduct studies and develop plans;

(F) to develop and administer the West
Contra Costa Sub-Regional TDSM program;

(G) to periodically review transportation plans and
TDSM programs and ordinances, and recommend changes
thereto; and

(H) to incur debts, liabilities, or obligations,
subject to limitations herein set forth.

(I) to oversee the West County Subregional
Transportation Mitigation Program (STMP).

7. BOUNDARIES

The boundaries of WCCTAC shall be the boundaries as
shown in Appendix A which is attached hereto and
incorporated herein by this reference.

8. OVERALL ORGANIZATION

The WCCTAC Board shall provide overall policy
direction for the coordinated implementation of the
West Contra Costa Action Plan Updates 2000 and
decision making for general WCCTAC operations,
including implementation of the West Contra Costa
Regional TDSM Program.
122

The WCCTAC Board shall also be the final arbiter in
matters related to the implementation of the STMP.

The WCCTAC-TAC shall provide administrative guidance
and technical review to the Board. Staff or
consultants hired by WCCTAC shall report directly to
the WCCTAC Executive Managing Director, or their
designee with consultation from the WCCTAC-TAC.

9. WCCTAC ORGANIZATION

(A) WCCTAC Board

WCCTAC shall be governed by the WCCTAC Board
which shall exercise all powers and authority
on behalf of WCCTAC. The Board is empowered to
establish its own procedures. The Board may do
any and all things necessary to carry out the
purposes of this Agreement.
(1) Members

(a) The Board shall consist of eleven
members which shall be allocated in
the following manner:

(i) Three members shall be
appointed by the governing
body of the City of Richmond;

(ii) The governing bodies of the
cities of El Cerrito,
Hercules, Pinole, and San
Pablo shall each appoint one
member;

(iii) The governing body of the
County of Contra Costa shall
appoint one member;

(iv) The governing bodies of AC
Transit and BART shall each
appoint one member; and

(v) The governing body of WestCAT
shall appoint one member
provided that the WestCAT
member(and said member's
alternate) shall not be a
representative(either elected
or non-elected) from either
the City of Hercules or the
City of Pinole.

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(2) Officers
(b) Upon execution of this Agreement, the
governing body of each Agency shall
appoint the appropriate number of
its members to serve as members of the
Board and an appropriate number of its
members to serve as alternate
member(s) of the Board to serve in the
absence of its regular appointees.

Each member and alternate shall hold
office from the first meeting of the
Board after appointment until a
successor is selected. Each member and
alternate shall serve at the pleasure
of the governing body or bodies of the
appointing Agency or Agencies. In the
case of members or alternates who are
elected officials, if a member or
alternate ceases to be an elected
official of the member Agency, he or
she shall then be ineligible to serve
on the WCCTAC Board, and the
appointing Agency shall appoint a
successor prior to the next Board
meeting. Likewise, if a non- elected
member or alternate is replaced, said
member or alternate shall be
ineligible to serve on the WCCTAC
Board, and the appointing Agency shall
appoint a successor prior to the next
Board meeting. Each member and
alternate shall serve without
compensation.

The WCCTAC Board members shall select from the
WCCTAC Board a Chair and Vice Chair who shall hold
office for a period of one year, commencing
February 1; provided however, that in the event
that a member Agency removes from the Board a
member serving as an officer, the Board shall
appoint a member from the newly constituted Board
to fill the vacant office for the remainder of
that year.

(a) Chair. The Chair shall preside at the
meetings of the Board; call meetings to
order; adjourn meetings; announce the
business and the order it is to be acted
upon; recognize persons entitled to the
floor; put to vote all questions, moved and
seconded; announce result of votes; maintain
the rules of order; execute documents and
official actions on behalf of the Board when
duly approved; and carry out other duties set
forth in the by-laws.
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(b) Vice Chair. The Vice Chair shall serve as
Chair in the absence of the regularly elected
Chair.

(c) Secretary. The WCCTAC Executive Managing
Director, or their designee, shall serve as
the Secretary and shall prepare, distribute,
and maintain minutes of meetings of the
WCCTAC Board, the WCCTAC-TAC and any
committees of the WCCTAC (or shall contract
for such services). The Secretary shall also
maintain the official records of the WCCTAC
and shall file notices as required by
Paragraph 20 of this Agreement.

(d) Treasurer. WCCTAC shall employ, or
contract for, the services of a Treasurer
who shall:

(i) Report to the WCCTAC Executive
Managing Director;

(ii) Receive and provide for the receipt
of all funds of the WCCTAC and
place them in the treasury to the
credit and for the account of the
WCCTAC;

(iii) Be responsible, upon an official
bond, for the safekeeping and
disbursement of all funds of the
WCCTAC;

(iv) Pay, when due, out of funds of the
WCCTAC, all sums payable on
outstanding Revenue Bonds and other
indebtedness of the WCCTAC;

(v) Pay any other sum duly authorized
for payment from funds of the
WCCTAC;

(vi) Verify and report, in writing, on
the first day of July, October,
January, and April of each year to
the Board and each member, at each
meeting s of the end of the
preceding month, the amount of
funds held for the WCCTAC, the
amount of receipts since the last
report and the
125

(vii)
amount paid out since the last
report; and

Invest WCCTAC's funds in the manner
provided by law and collect
interest thereon for the account of
the WCCTAC.

(3) Vote

(a) Authorized Voting Members

Each member or designated alternate shall be
authorized to vote.

(b) WCCTAC Business

For purposes of decisions related to the
regular business of the WCCTAC, including
policy decisions, preparation of budgets and
expenditures of funds, the City of Richmond
shall have three votes; the cities of El
Cerrito, Hercules, Pinole, and San Pablo
shall have one vote apiece; the County of
Contra Costa shall have one vote; AC Transit
and BART shall have one vote apiece; and
WestCAT shall have one vote. A majority vote
of sSix affirmative votes shall be required
for the adoption of any course of action
related to the regular business of the
WCCTAC.

Decisions related to determining WCCTAC
appointments to the Contra Costa
Transportation Authority shall be made only
by the participating City and County
jurisdictions. In these cases,
participating cities and the County shall
each have one vote. Under this section,
Richmond shall have one vote accordingly.

Board members from Richmond shall reach a
consensus on any affirmative vote under this
section. Four affirmative votes shall be
required for any WCCTAC decision related to
appointment of representatives to the Contra
Costa Transportation Authority. Appointees
must be members, or alternates, of the
WCCTAC Board.
126
(4) Meetings of the Board

(a) Regular Meetings

The Board shall meet at least ten times per
year unless the necessary business of the
Board can be completed with less meetings.

The date, hour, and place at which each such
regular meeting is held shall be determined
by a majority vote by the Board.

(b) Special Meetings

Special meetings of the Board may be called
in accordance with the provisions of Section
54956 of the California Government Code.

(b) Notice of Meetings

All meetings of the Board shall be held
subject to the provisions of the Ralph M.

Brown Act, being California Government Code
Sections 54950, et seq., and other applicable
laws of the State of California requiring
notice of meetings of public bodies to be
given.

The Board shall cause minutes of all meetings
to be kept and shall include the minutes in
the next agenda packet, or as soon
thereafter as they may be prepared and
provided, for approval.

(d) Quorum

A majority of the members of the Board shall
constitute a quorum for the transaction of
business.

(5) Bylaws

The Board shall adopt from time to time such
bylaws, rules, or regulations for the conduct of
its affairs as may be required.

(B) WCCTAC STAFF

(1) Composition

The WCCTAC shall have a staff consisting of an
Managing Executive Director who shall serve as
127
the primary staff person. Other staff may include
those with expertise in transportation planning,
funding, projects, and programs, or
administrative and finance support, a
Transportation Project Specialist and clerical
support. In addition, independent consultants
and/or interns may be engaged on a continuing or
short-term basis, as needed. The Managing
Executive Director shall report to the WCCTAC
Chair.

(2) Additional Staff

Additional staff may be added with Board approval
within budget the constraints. of the then current
fiscal year budget.

( 1) Composition

The WCCTAC shall have a technical advisory
committee which shall be known as the WCCTAC-TAC
and which shall be composed of the City Managers
of the participating cities or said City Managers'
designees; the District Managers of the
participating transit authorities or said District
Manager's designees; and the County Administrator
for Contra Costa County or said County
Administrator's designee.

(2) Duties

The WCCTAC-TAC shall study and discuss issues
pertaining to WCCTAC and shall make
recommendations to the WCCTAC concerning those
issues. However, the role of the WCCTAC-TAC in
making recommendations to the WCCTAC shall not be
deemed to preclude the WCCTAC from considering
recommendations from other bodies and concerned
individuals.

(3) Officers

The WCCTAC-TAC shall be chaired by the WCCTAC
Executive Managing Director.
128

10. SUPPORT SERVICES

Each of the Agencies shall strive to provide the necessary support to the Board and TAC as may be necessary for the Board and TAC to fulfill its their duties.

11. RESTRICTIONS UPON EXERCISE OF POWER OF BOARD

This Agreement is entered into under the provisions of Title l, Division 7, Chapter 5, Article I, Section 6500, et seq., of the California Government Code, concerning joint powers Agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising the power of the City of San Pablo.

12. FUNDS, AUDIT AND ACCOUNTING SERVICES

Pursuant to the requirements of Section 6505.5 of the
Government Code, the Director of Finance Finance Division Manager of the City of San Pablo is designated to be the depositary and to have custody of all WCCTAC funds from whatever source, and to perform the following functions, unless the WCCTAC Board determines otherwise. Fiscal
responsibilities shall include the following:

(A) Receive and receipt for all money for WCCTAC for the credit of the Board;

(B) Be responsible upon official bond for the safekeeping and disbursement of all Board money so held;

(C) Pay any sums due from the Board from Board money, or any portion thereof, only upon warrants of the WCCTAC
Executive Managing Director. There shall be a limit
of $25,000 $10,000 on the amount of warrants which
can be issued without Board approval.

(D) The Finance Division Manager of the City of San Pablo shall be considered the Treasurer of WCCTAC funds
unless otherwise determined by the WCCTAC Board. The
Treasurer of WCCTAC funds shall have custody of all
WCCTAC funds and shall verify and report in writing on
the first day of October, January, and April of each
year; and within ninety (90) days after the close of
the fiscal year ended June 30th, to the Board and to
the participating Agencies to this Agreement, the
amount of money the Treasurer holds for the Board, the
amount of receipts, and the amount paid out since the
last report to the Board.
129

The audit of funds shall be conducted annually in
compliance with Section 6505 of the Government Code by
an independent certified public accountant qualified
to perform on behalf of joint power authorities.

There shall be strict accountability of all funds and
reporting to the Board of all receipts and
disbursements. In each case the minimum requirements
of the audit shall be those prescribed by the State
Controller for municipalities or counties and the
audit shall conform to generally accepted auditing
standards.

(E) The Executive Managing Director and the Treasurer are hereby designated as the persons who have charge of and access to the property of WCCTAC. Each such person
shall file with the Board an official bond in an
amount to be fixed by the Board. The costs of the
bonds shall be paid by WCCTAC.

13. OBLIGATIONS OF THE AGENCIES

Each Agency shall:

(A) Be liable to the WCCTAC for, upon demand, its
proportionate share of expenses based upon the budget
adopted by the WCCTAC and member Agencies. Invoices
shall be prepared by the WCCTAC Executive Managing
Director. The proportionate share of each Agency shall
be determined according to the following formula:

City of Richmond 27.2%
City of El Cerrito 9.1%
City of Hercules 9.1%
City of Pinole 9.1%
City of San Pablo 9.1%

County of Contra Costa
San Francisco Bay Area
Rapid Transit
District Alameda-Contra
Costa
Transit District
WestCAT Western
Contra Costa Transit
District

9.1%

9.1%
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(B) The WCCTAC Board will recommend a budget to member
Agencies each Fiscal Year and, based upon the formula set forth in Paragraph (A) above, WCCTAC shall annually
determine the amount of each member Agency's annual
proportionate share.

(C) Commencing on July 1, 1994, and continuing with
each July 1 thereafter, the WCCTAC Board shall approve a budget which reflects the an nual cos ts and the
proportionate share of required funding to be provided
by each member Agency. WCCTAC members shall be invoiced annually on or about July 1 for the next fiscal year
and their share shall be payable immediately.

14. NON-DISCRIMINATION STATEMENT

WCCTAC promotes equal opportunities in the workplace. WCCTAC is an equal opportunity employer and does not discriminate based on an applicant's, employee's, intern's, or contractor's race, color, religion, sex, sexual orientation, national origin, citizenship, age, physical or mental disabilities, or any other characteristic protected by state or federal law.

15. DISPOSITION OF WCCTAC FUNDS UPON TERMINATION

WCCTAC funds, including any interest earned on deposits, remaining upon termination of this Agreement after payment of all obligations, shall be returned in proportion to the contribution made by each Agency during the term of this Agreement. Decisions of the Board shall be final in this regard.

16. WITHDRAWAL

Any Agency upon sixty (60) days' written notice given to the Chair of WCCTAC may withdraw from this Agreement; provided, however, that the withdrawing Agency shall be liable for its proportionate share of any expenses incurred, up to the date that the termination becomes effective, which exceeds the withdrawing Agency's contribution under Paragraph 13; and provided further, that in no event shall a withdrawing Agency be entitled to a refund of all or any part of its contribution made under Paragraph 13.

17. TERMINATION

(A) This Agreement shall remain in effect indefinitely
unless amended or terminated as provided hereunder.
131
(B) This Agreement may be terminated by the affirmative vote of the governing bodies of not less than two-thirds of
all member Agencies.

18. AMENDMENTS

This Agreement may be amended by the following process:

(A) The WCCTAC Board shall first consider any and all
amendments to this Agreement. A majority vote of the
WCCTAC Board shall be required before any recommended
amendment to this Agreement is forwarded to the member
Agencies for consideration and adoption.

(B) This Agreement may be amended by an affirmative vote of the governing bodies of not less than two-thirds of all member Agencies.

(C) Any amendment that is approved shall not become
effective until the WCCTAC Executive Managing Director
receives properly executed copies of the Agreement from not less than two-thirds of all member Agencies of
WCCTAC.

19. NOTICES

All notices to Agencies shall be deemed to have been given when mailed to the governing body of each Agency. Notices to WCCTAC shall be sent to the WCCTAC Board at:

WCCTAC
6333 Potrero Ave. Suite 100
El Cerrito, CA 94609
13831 San Pablo Avenue
San Pablo, CA 94806

Should WCCTAC’s address of record change, the Executive Director shall provide notices to the Agencies of the
change of address. Notices from others to WCCTAC shall be sent to the updated address.

20. FILINGS WITH THE SECRETARY OF STATE

Within 30 days of the effective date of this Agreement, the Chair of WCCTAC shall file with the Office of the California Secretary of State a Notice of a Joint Powers Agreement for WCCTAC pursuant to California Government Code Sections 6505.3 and 6505.7, and a Statement of Facts - Roster of Public Agencies Filing pursuant to California Government Code Section 53051.
132
IN WITNESS WHEREOF, these signatures attest the parties' Agreement to the provisions of this Joint Exercise of Powers Agreement. 133
134

WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE

JOINT EXERCISE OF POWERS AGREEMENT
This restatement and amendment of the West Contra Costa Transportation Advisory Committee (WCCTAC) Joint Exercise of Powers Agreement (Agreement) is entered into on this X day of X, 2024, by and between the City of El Cerrito, a municipal corporation; the City of Hercules, a municipal corporation; the City of Pinole, a municipal corporation; the City of Richmond, a municipal corporation and charter city; the City of San Pablo, a municipal corporation; the County of Contra Costa, a political subdivision of the State of California; the Alameda-Contra Costa Transit District (AC Transit), a transit district organized and existing pursuant to the provisions of the California Public Utilities Code; the San Francisco Bay Area Rapid Transit District (BART), a transit district organized and existing pursuant to the provisions of California Public Utilities Code; and the Western Contra Costa County Transit Authority (WestCAT), a joint exercise of powers authority operating pursuant to Government Code Section 6500, et. seq.; and restates in full those provisions of the original Agreement, except as amended herein.

WITNESSETH:

WHEREAS, in November 1988, the voters of Contra Costa County approved Measure "C" which established and funded a
transportation agenda for Contra Costa County; and

WHEREAS, on January 28, 2003, the WCCTAC Board restated and amended its Joint Exercise of Power Agreement; and

WHEREAS, on November 2, 2004, the voters of Contra Costa County approved Measure “J” which is the successor to Measure C; and

WHEREAS, each of the Parties to this Agreement believes that a combination of their separate powers and abilities may enable 135
them to more effectively respond to Measure "J", the successor to Measure “C”, and to address transportation issues; and

WHEREAS, each of the Parties to this Agreement propose by this Agreement to exercise their respective common powers jointly for the purpose of responding to the passage of Measure "J" and addressing existing and future transportation issues; and

WHEREAS, the Parties to this Agreement are desirous of
conferring upon a separate legal entity the necessary powers with regard to responding to Measure "J" and for addressing transportation issues for the benefit of each and all of the Parties.

NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO AGREE AS FOLLOWS:

1. OBJECTIVE AND COMMISSION
The objective of this Joint Exercise of Powers Agreement is to create a city, county, and transit district
transportation agency which shall protect and advance the interests of West Contra Costa County communities with
regard to transportation issues in general and the
utilization of Measure "J" funds in particular. More
specifically, the committee created by this Agreement is commissioned to:
(A) Assist member Agencies with a coordinated and
cooperative implementation of the West Contra Costa
Action Plan Updates;

(B) Participate in the development and implementation of the Countywide Transportation Plan;

(D) Assist member Agencies with Congestion Management
Program compliance requirements;

(E) Develop regional strategies and meet regional
requirements established by Measure "J";
136
(F) Cooperatively address transportation issues, beyond Measure "J" requirements, when said issues affect
West Contra Costa County interests;

(G) Assess the transportation needs of the West Contra
Costa County area;

(H) Develop, expand, or improve West Contra Costa County transit services and Transportation Demand Management
(TDM) programs;

(I) Advise the Parties on transportation issues;

(J) Coordinate the actions and responses of the Parties with regard to transportation issues;

(K) Formulate transportation policy statements;

(L) Sponsor educational forums, workshops, trainings, and discussions on transportation matters;

(M) Develop and administer a West Contra Costa Regional TDM program to encourage use of alternatives to
single occupant commute travel;

(N) Gather information necessary to carry out the foregoing purposes;

(O) Oversee the Subregional Transportation Migration
Program (STMP)..

(B) "Board" or “WCCTAC Board” shall mean the board
constituted herein pursuant to this Agreement to
administer and execute this Agreement.

(C) "Congestion Management Program" shall mean the State mandated program which establishes performance
137
standards and requirements for the transportation
system, creates a process to analyze the impact of land use changes on regional transportation, and creates a
capital improvement program to maintain the regional
transportation system.

(D) "Countywide Transportation Plan (CTP)" shall mean a countywide plan required under Measure " J". The CTP
is created from the five regional transportation
planning committee action plans and is updated every
two years.

(F) "Transportation Demand Management" or "TDM" shall
mean any combination of measures that are designed
to provide information, assistance, and incentives
to employees and residents to encourage use of
alternatives to single occupant commute travel.

(G) "TDM Ordinance" shall mean the Transportation Demand Management ordinance(s) adopted by West Contra Costa
cities and Contra Costa County setting forth the
purpose, goal, objectives, requirements, and
responsibilities of the West Contra Costa Regional TDM
Program.

(H) "West Contra Costa Action Plan Update" shall mean the regional transportation plan update for West County
adopted in any given year, required by Measure J, and
intended to create a framework for member agencies to
jointly and cooperatively address regional
transportation issues.

(I) "West Contra Costa Regional TDM Program" shall mean a Transportation Demand Management Program managed
by the WCCTAC staff on behalf of the member cities
with the purpose of reducing vehicle trips and
increasing ridesharing and transit usage.

"West Contra Costa Transportation Advisory Committee"
also referred to as "WCCTAC" shall mean the public and
separate entity created by this Agreement .
138
(K) "West Contra Costa Transportation Advisory Committee- Technical Advisory Committee" also referred to as
"WCCTAC-TAC" shall mean the technical advisory
committee to the West Contra Costa Transportation
Advisory Committee.

3. HEADINGS

All headings contained herein are for convenience or
reference only and are not intended to define or limit the scope of any provision of this Agreement.

4. EFFECTIVE DATE

This restatement and amendment of the WCCTAC Joint Exercise of Powers Agreement shall become effective upon the receipt by the WCCTAC Executive Director of properly executed
copies of the Agreement from not less than two-thirds of all member Agencies of WCCTAC.

5. CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY

COMMITTEE

6. POWERS

The powers of the WCCTAC shall include and be limited to the following:
139
(A) to annually adopt a work program along with a
budget setting forth all operational expenses for
WCCTAC, together with an apportionment of expenses
allocated to each Agency. The draft work program and
budget of WCCTAC shall be submitted for review to
each member Agency prior to its final adoption by
the WCCTAC Board.

(B) to make and enter into contracts;

(D) to employ or contract for the services of
agents, consultants, engineers, attorneys, and such
other persons or firms as it deems necessary to
carry out the objectives of this Agreement;

(E) to conduct studies and develop plans;

(F) to develop and administer the West
Contra Costa Sub-Regional TDM program;

(G) to periodically review transportation plans and
TDM programs and ordinances, and recommend changes
thereto; and

(H) to incur debts, liabilities, or obligations,
subject to limitations herein set forth.

(I) to oversee the West County Subregional
Transportation Mitigation Program (STMP).

7. BOUNDARIES

The boundaries of WCCTAC shall be the boundaries as
shown in Appendix A which is attached hereto and
incorporated herein by this reference.

8. OVERALL ORGANIZATION

The WCCTAC Board shall provide overall policy
direction for the coordinated implementation of West
Contra Costa Action Plan Updates and decision making
for general WCCTAC operations, including
implementation of the West Contra Costa Regional TDM
Program.
140

The WCCTAC Board shall also be the final arbiter in
matters related to the implementation of the STMP.

The WCCTAC-TAC shall provide administrative guidance
and technical review to the Board. Staff or
consultants hired by WCCTAC shall report directly to
the WCCTAC Executive Director, or their designee,
with consultation from the WCCTAC-TAC.

9. WCCTAC ORGANIZATION

(A) WCCTAC Board

(a) The Board shall consist of eleven
members which shall be allocated in
the following manner:

(i) Three members shall be
appointed by the governing
body of the City of Richmond;

(ii) The governing bodies of the
cities of El Cerrito,
Hercules, Pinole, and San
Pablo shall each appoint one
member;

(iii) The governing body of the
County of Contra Costa shall
appoint one member;

(iv) The governing bodies of AC
Transit and BART shall each
appoint one member; and

141

(a) Chair. The Chair shall preside at the
meetings of the Board; call meetings to
order; adjourn meetings; announce the
business and the order it is to be acted
upon; recognize persons entitled to the
floor; put to vote all questions, moved and
seconded; announce result of votes; maintain
the rules of order; execute documents and
official actions on behalf of the Board when
duly approved; and carry out other duties set
forth in the by-laws.
142
(b) Vice Chair. The Vice Chair shall serve as
Chair in the absence of the regularly elected
Chair.

(c) Secretary. The WCCTAC Executive Director, or
their designee, shall serve as the Secretary
and shall prepare, distribute, and maintain
minutes of meetings of the WCCTAC Board, the
WCCTAC-TAC and any committees of the WCCTAC
(or shall contract for such services). The
Secretary shall also maintain the official
records of the WCCTAC and shall file notices
as required by Paragraph 20 of this
Agreement.

(d) Treasurer. WCCTAC shall employ, or
contract for, the services of a Treasurer
who shall:

(i) Report to the WCCTAC Executive
Director;

(ii) Receive and provide for the receipt
of all funds of the WCCTAC and
place them in the treasury to the
credit and for the account of the
WCCTAC;

(iii) Be responsible, upon an official
bond, for the safekeeping and
disbursement of all funds of the
WCCTAC;

(iv) Pay, when due, out of funds of the
WCCTAC, all sums payable on
outstanding Revenue Bonds and other
indebtedness of the WCCTAC;

(v) Pay any other sum duly authorized
for payment from funds of the
WCCTAC;

(vii)
amount paid out since the last
report; and

Invest WCCTAC's funds in the manner
provided by law and collect
interest thereon for the account of
the WCCTAC.

(3) Vote

(a) Authorized Voting Members

Each member or designated alternate shall be
authorized to vote.

(b) WCCTAC Business

For purposes of decisions related to the
regular business of the WCCTAC, including
policy decisions, preparation of budgets and
expenditures of funds, the City of Richmond
shall have three votes; the cities of El
Cerrito, Hercules, Pinole, and San Pablo
shall have one vote apiece; the County of
Contra Costa shall have one vote; AC Transit
and BART shall have one vote apiece; and
WestCAT shall have one vote. Six affirmative
votes shall be required for the adoption of
any course of action related to the regular
business of the WCCTAC.

(a) Regular Meetings

The Board shall meet at least ten times per
year unless the necessary business of the
Board can be completed with less meetings.

The date, hour, and place at which each such
regular meeting is held shall be determined
by a majority vote by the Board.

(b) Special Meetings

Special meetings of the Board may be called
in accordance with the provisions of Section
54956 of the California Government Code.

(b) Notice of Meetings

All meetings of the Board shall be held
subject to the provisions of the Ralph M.

Brown Act, being California Government Code
Sections 54950, et seq., and other applicable
laws of the State of California requiring
notice of meetings of public bodies to be
given.

The Board shall cause minutes of all meetings
to be kept and shall include the minutes in
the next agenda packet, or as soon
thereafter as they may be prepared and
provided, for approval.

(d) Quorum

A majority of the members of the Board shall
constitute a quorum for the transaction of
business.

(5) Bylaws

The Board shall adopt from time to time such
bylaws, rules, or regulations for the conduct of
its affairs as may be required.

(B) WCCTAC STAFF

(1) Composition

The WCCTAC shall have a staff consisting of an
Executive Director who shall serve as
145
the primary staff person. Other staff may include
those with expertise in transportation planning,
funding, projects, and programs, or
administrative and finance support. In addition,
independent consultants and/or interns may be
engaged on a continuing or short-term basis, as
needed. The Executive Director shall report to
the WCCTAC Chair.

(2) Additional Staff

Additional staff may be added with Board approval
within budget constraints.

( 1) Composition

(2) Duties

The WCCTAC-TAC shall study and discuss issues
pertaining to WCCTAC and shall make
recommendations to the WCCTAC concerning those
issues. However, the role of the WCCTAC -TAC in
making recommendations to the WCCTAC shall not be
deemed to preclude the WCCTAC from considering
recommendations from other bodies and concerned
individuals.

(3) Officers

The WCCTAC-TAC shall be chaired by the WCCTAC
Executive Director.
146

10. SUPPORT SERVICES

Each of the Agencies shall strive to provide the necessary support to the Board and TAC as may be necessary for the Board and TAC to fulfill their duties.

11. RESTRICTIONS UPON EXERCISE OF POWER OF BOARD

12. FUNDS, AUDIT AND ACCOUNTING SERVICES

Pursuant to the requirements of Section 6505.5 of the
Government Code, the Director of Finance of the City of San Pablo is designated to be the depositary and to have
custody of all WCCTAC funds from whatever source, and to perform the following functions, unless the WCCTAC Board determines otherwise. Fiscal responsibilities shall include the following:

(A) Receive and receipt for all money for WCCTAC for the credit of the Board;

(B) Be responsible upon official bond for the safekeeping and disbursement of all Board money so held;

(C) Pay any sums due from the Board from Board money, or any portion thereof, only upon warrants of the WCCTAC
Executive Director. There shall be a limit of
$25,000 on the amount of warrants which can be
issued without Board approval.

(E) The Executive Director and the Treasurer are hereby designated as the persons who have charge of and access to the property of WCCTAC. Each such person shall file
with the Board an official bond in an amount to be
fixed by the Board. The costs of the bonds shall be
paid by WCCTAC.

13. OBLIGATIONS OF THE AGENCIES

Each Agency shall:

(A) Be liable to the WCCTAC for, upon demand, its
proportionate share of expenses based upon the budget
adopted by the WCCTAC and member Agencies. Invoices
shall be prepared by the WCCTAC Executive Director. The proportionate share of each Agency shall be determined
according to the following formula:

City of Richmond 27.2%
City of El Cerrito 9.1%
City of Hercules 9.1%
City of Pinole 9.1%
City of San Pablo 9.1%
Contra Costa County 9.1%
Bay Area Rapid Transit District 9.1%
Alameda-Contra Costa Transit District 9.1%
Western Contra Costa Transit District 9.1%
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(B) The WCCTAC Board will recommend a budget to member
Agencies each Fiscal Year and, based upon the formula set forth in Paragraph (A) above, WCCTAC shall annually
determine the amount of each member Agency's annual
proportionate share.

(C) Commencing on July 1, 1994, and continuing with
each July 1 thereafter, the WCCTAC Board shall approve a budget which reflects the annual costs and the
proportionate share of required funding to be provided by each member Agency. WCCTAC members shall be invoiced annually on or about July 1 for the next fiscal year
and their share shall be payable immediately.

14. NON-DISCRIMINATION STATEMENT

15. DISPOSITION OF WCCTAC FUNDS UPON TERMINATION

16. WITHDRAWAL

17. TERMINATION

(A) This Agreement shall remain in effect indefinitely
unless amended or terminated as provided hereunder.
149
(B) This Agreement may be terminated by the affirmative vote of the governing bodies of not less than two-thirds of
all member Agencies.

18. AMENDMENTS

This Agreement may be amended by the following process:

(B) This Agreement may be amended by an affirmative vote of the governing bodies of not less than two -thirds of all member Agencies.

(C) Any amendment that is approved shall not become
effective until the WCCTAC Executive Director receives
properly executed copies of the Agreement from not less than two-thirds of all member Agencies of WCCTAC.

19. NOTICES

All notices to Agencies shall be deemed to have been given when mailed to the governing body of each Agency. Notices to WCCTAC shall be sent to the WCCTAC Board at:

WCCTAC
6333 Potrero Ave. Suite 100
El Cerrito, CA 94609

Should WCCTAC’s address of record change, the Executive Director shall provide notice to the Agencies of the
change of address. Notices from other to WCCTAC shall be sent to the updated address.

20. FILINGS WITH THE SECRETARY OF STATE

Within 30 days of the effective date of this Agreement, the Chair of WCCTAC shall file with the Office of the California Secretary of State a Notice of a Joint Powers Agreement for WCCTAC pursuant to California Government Code Sections 6505.3 and 6505.7, and a Statement of Facts - Roster of Public Agencies Filing pursuant to California Government Code Section 53051.
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ATTACHMENT A
Contra Costa Count
fi)
154
DI

SCUSSION AND/OR ACTION

AGENDA ITEM

2. 22-962
155

STAFF REPORT TO THE CITY COUNCIL
DATE: September 24, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Mike Roberts, Public Works Director/City Engineer SUBJECT: Approval of a Funding Agreement between the City of Hercules and Contra Costa Transportation Authority for Cost Sharing
Commitments to Design & Construct the Countywide Smart Signals Project
RECOMMENDED ACTIONS:

EXECUTIVE SUMMARY:

As was discussed at the March 26, 2024 City Council Meeting, Contra Costa Transportation Authority (CCTA) is leading a Smart Signals Project to upgrade traffic signals at 328 intersections throughout the 19 cities and unincorporated communities within Contra Costa County. This work is focused along major arterials that have been designated Routes of Regional Significance.

In Hercules, San Pablo Avenue is the designated Route of Regional Significance . The signals that would receive upgrades include Victoria Crescent East, John Muir Parkway, Market Drive, Sycamore Avenue, and Hercules Avenue.

These designated traffic signals in Hercules are antiquated and lack the technological infrastructure such as proper communications tools (i.e. ethernet), preventing synchronization and coordination between signals. Additionally, they would benefit from signal control technology that can help transit vehicles and alternative modes such as bikes and shuttles move through intersections safely and efficiently. 22-962
156

The Smart Signals Project would install these technologies and yield the following benefits:

 Safer Roads: Better emergency response time, easier management of incidents by first responders and law enforcement, and reduction of secondary incidents due to video analytics that can identify near-miss situations.

 Smoother Travel: Synchronized, responsive signals can reduce idling at red lights, improve speed management, decrease travel delays, reduce greenhouse gas emissions and increase transit reliability.

 Better Traffic Management: Cities will have access to real-time data that allows for optimization of traffic during incidents, evacuations or other major events. Cities will be able to prioritize transit and emergency vehicles as needed.

Under the Agreement, the City’s share of costs would be 11.47% or $65,091 of the total estimated cost of $567,597 for the improvements while CCTA would be responsible for funding the remaining portion through an OBAG 3 grant . Funding for the City’s portion was included in the Adopted FY 24-25 Budget.

BACKGROUND:

The Smart Signals Project (Project) in Contra Costa County is a CCTA-led countywide project to upgrade traffic signal system and communication systems throughout its 19 cities and unincorporated communities.

Most of these traffic signals are located along major arterials, including State Routes, are identified as Routes of Regional Significance (RSS), or can be found along other major and minor arterials in the cities/towns.

The Project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives through upgrades to the existing legacy systems, connecting signal systems throughout Contra Costa County, and enhancing the sharing of real-time information between agencies and the public.

The existing traffic signal systems in most jurisdictions located within Contra Costa County are legacy systems and are outdated or antiquated compared to newer traffic signal systems. These signal systems currently lack the communication infrastructure such as fiber and cellular/wireless-based communication, which makes it difficult to implement traffic signal synchronization and coordination between traffic signals along an arterial. Most corridors do not currently include Signal Control and Prioritization (SCP) technologies to promote transit usage to reduce delay and travel times for transit vehicles and reduce response time for emergency vehicles.

These deficiencies result in severe traffic congestion within the cities/towns and may 157

result in spillover onto freeways and cause a chain reaction of congestion along local arterials. The current system contributes to overall commuter travel times and delays, increases greenhouse gas emissions and fuel consumption, as well as incidents and collisions. These deficiencies were documented following extensive discussions with the cities and towns regarding traffic signal operation within the Contra Costa County.

Given these deficiencies, CCTA and the Project stakeholders have initially identified the following Project goals: 1) Improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians; 2) Optimize mobility along major corridors and RRS; and 3) Advance to Smart City and Internet of Things (IOT) solutions.

Project Elements
The Smart Signals project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies, including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), implementation of incident management strategies, and Smart Cities initiatives. These solutions can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies.

The upgraded traffic signal systems and signal interconnect will help smooth traffic flow and ease recurring traffic congestion by expanding mode choice options and reducing travel time on local streets and roads. Upgraded traffic signals will benefit pedestrians and transit commuters by reducing wait times at intersections, improving total travel time for all modes while making transit and pedestrian more viable transportation options. The Smart Signal systems would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities by deployment of detection systems.

CCTA is applying a Smart Signal approach that will implement ITS equipment including upgraded traffic signal controllers and cabinets, upgraded Advanced Traffic Management System (ATMS) for each agency to provide remote command and control from a centralized Traffic Management Center (TMC) or Traffic Operations Center (TOC) location, Closed-circuit Television (CCTV) cameras, SCP for transit and emergency vehicles, and vehicle detection systems deployed on predefined designated arterials and state routes. These improvements will provide local cities and Caltrans with day-to-day county-wide traffic management capabilities to address recurrent traffic congestion as well as provide CCTA with information necessary to manage the system during non-recurring traffic congestion (e.g. traffic caused by major incidents on the freeway or during any evacuation efforts).

In sum, the Project’s key features and benefits include but are not limited to the following:
 Providing infrastructure for a countywide traffic management system  Upgrading local signal controllers and signal system hardware, software, and firmware
 Deploying bicycle and pedestrian detection software for vulnerable road user 158

protection
 Providing SCP, including Transit Signal Priority (TSP) and Emergency Vehicle Preemption (EVP) capabilities
 Enabling local event management signal timing options  Taking a proactive approach to safety by identifying “near miss” situations for analysis
 Enabling cities and CCTA to proactively manage day-to-day traffic  Enabling cities to proactively manage traffic on local streets that has diverted off the freeway due to a major freeway incident
 Identifying alternative routes with timing optimized for incident management  Allowing shared control and operation, improving cross jurisdictional traffic management
 Allowing cities/CCTA access to monitor all CCTV cameras and traffic signals for the purpose of optimizing day-to-day operations

Deployment of the Smart Signals Project is expected to result in operational and safety improvements for all modes of transportation, such as:
 Decrease in travel time,
 Decrease in total delay,
 Reduction in number of stops
 Reduction in secondary accidents
 Decrease in fuel consumption and greenhouse gas emissions  Promotion of transit ridership
 Reduction of response time for emergency vehicles

When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers.

ANALYSIS:

The signals located at the following intersections in Hercules are included in the Project and are proposed to receive Smart Signal upgrades. (See Table 1 below)

Table 1: City of Hercules PROJECT Intersections

LIST OF INTERSECTIONS

Signal No. Primary Street Secondary Street
1 San Pablo Ave Hercules Ave
2 San Pablo Ave Sycamore Ave
3 San Pablo Ave Market Dr
4 San Pablo Ave John Muir Pkwy
5 San Pablo Ave Victoria Cres E

The recommended upgrades for signals located in Hercules include:
159

 Signal controller firmware updates
 Video/Radar detection
 Ethernet Over Copper (EOC) for communication between the signals  Pan-Tilt-Zoom (PTZ) cameras
 An Advanced Traffic Management System (ATMS)
 Traffic signal synchronization, and
 Video Analytics.

FISCAL IMPACT:

Hercules’ share of cost under the Agreement is estimated to be 11.47% or $65,091 of the total estimated project cost of $567,597 while CCTA would be responsible for the remaining which they are funding through an OBAG 3 grant they received. City funding for this project was included in the Adopted FY 24-25 Budget Capital Improvement Project funded.

ENVIRONMENTAL REVIEW:

Approval of this Agreement does not authorize any construction or groundbreaking work and is thus not considered a project under the California Environmental Quality Act (“CEQA”) because mere approval of this cost sharing Agreement will not directly or indirectly impact the environment pursuant to CEQA Guidelines section 15378. Further, any work funded by the Agreement, including but not limited to signal work performed within the City of Hercules, is exempt from CEQA review pursuant to CEQA Guidelines section 15301(c) because it involves upgrades and repairs to existing signal and streets that do not involve expansion of use, and purs uant to CEQA Guidelines section 15304 because in may involve minor alterations to land where surfaces are restored.

ATTACHMENTS:

1. Resolution

2. Smart Signals Project Agreement

3. March 26, 2024 Staff Report & Presentation

Financial Impact
Description: Citywide Smart Signals
Funding Source: SB1 Road Maintenance and Repair Account (RMRA) Budget Recap:

Total Estimated cost: $65,091 New Revenue: No
Amount Budgeted: $65,100 Lost Revenue: No
New funding required: No New Personnel: N/A
Council Policy Change: Yes No
160

RESOLUTION NO. 24-_____

RESOLUTION APPROVING THE FUNDING AGREEMENT BETWEEN THE CITY OF

HERCULES AND CONTRA COSTA TRANSPORTATION AUTHORITY FOR COST

SHARING COMMITMENTS TO DESIGN AND CONSTR UCT THE COUNTYWIDE

SMART SIGNALS PROJEC T AND AUTHORIZ ING THE CITY MA NAGER TO

EXECUTE THE AGREEMENT ON BEHALF OF THE CITY COUNCIL

WHEREAS, the Contra Costa Transportation Authority (CCTA) is leading a Smart Signals Project to upgrade traffic signals at 328 intersections throughout the 19 cities and unincorporated communities within Contra Costa County; and

WHEREAS, 5 traffic signals in Hercules located along San Pablo Boulevard are designated to receive upgrades as part of this project which would improve safety for vehicle, bicycles and pedestrians; decrease travel delay s and reduce greenhouse gas emissions; and allow for optimization of traffic during major incidents; and

WHEREAS, CCTA is requir ing the City to enter into an agreement (Agreement) to implement the project; and

WHEREAS, approval of this Agreement does not authorize any construction or groundbreaking work and is thus not considered a project under the California Environmental Quality Act (CEQA) because mere approval of this cost sharing Agreement will not directly or indirectly impact the environment pursua nt to CEQA Guidelines section 15378 ; and f urther, any work funded by the Agreement, including but not limited to signal work performed within the City of Hercules, is exempt from CEQA review pursuant to CEQA Guidelines section 15301(c) because it involves upgrades and repairs to existing signal and streets that do not involve expansion of use, and pursuant to CEQA Guidelines section 15304 because in may involve minor alterations to land where surfaces are restored; and

WHEREAS, under said Agreement the Cit y’s share of cost would be 11.47% or $65,091 of the total estimated cost of $567,597 while CCTA would be responsible for funding the remaining portion through an OBAG 3 grant; and

WHEREAS, funding for the City’s share of cost was included in the Adopted F Y 24-25 Budget.

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

1. The foregoing recitals are true and correct and are incorporated herein as findings.

2. The City Council hereby approves the Funding Agreement between the City of Hercules and Contra Costa Transportation Authority for cost sharing commitments to design and construct the Countywide Smart Signals Project and authorizes the City Manager to execute the Agreement in a form in substantial compliance with that attached hereto on behalf of the City Council

161

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of th e City of Hercules held on the 24th day of September 2024 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________
Dan Romero, Mayor
ATTEST:

Eibleis Melendez, City Clerk

ATTACHMENT: Funding Agreement No. 461 Between the CCTA and the City of Hercules for Cost Sharing Commitments to Design and Construct the C ountywide Smart Signals Project
162
FUNDING AGREEMENT No. 641
Countywide Smart Signals Design and Construction Phases

Page 1 of 6 ends

FUNDING AGREEMENT NO. 641

BETWEEN

THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND

THE CITY OF HERCULES

FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT THE

COUNTYWIDE SMART SIGNALS PROJECT

This Agreement is made and entered into on_______, 2024 by the City of Hercules hereinafter referred to as ("CITY") and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter referred to as ("AUTHORITY"). CITY and AUTHORITY are collectively referred to herein as the “Parties” and each individually as a “Party.”

RECITALS

1. AUTHORITY is the project sponsor and designated lead agency for implementing the Countywide Smart Signals Project within Contra Costa County, hereinafter referred to as “PROJECT”, which is a program to install signal system and intelligent transportation system (ITS) equipment upgrades to key identified intersections within Contra Costa County cities with the objective to coordinate and synchronize the timing of the signals.

2. AUTHORITY is the recipient of the Metropolitan Transportation Commission’s (MTC’s) One Bay Area Cycle 3 (OBAG 3) funds for design, construction, and deployment of the PROJECT.

3. CITY and AUTHORITY have identified 5 intersections to recommend for signal system and intelligent transportation system (ITS) equipment upgrades for inclusion in the PROJECT estimated at $567,597 (See Exhibit A)

4. CITY agrees to provide AUTHORITY with the minimum 11.47% local matching funds to the OBAG 3 funds in the amount of $65,091 in Fiscal Year 2024-25 to pay for the design and installation of upgraded equipment located within CITY’s right-of-way and cost of construction as part of the PROJECT.

5. CITY and AUTHORITY agree that the final matching funds requirements may be adjusted accordingly based on the final actual design and construction costs incurred and will be reconciled at the completion of the PROJECT as defined in paragraph 6 below.

NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and CITY do hereby agree as follows:

163
FUNDING AGREEMENT No. 641
Countywide Smart Signals Design and Construction Phases

Page 2 of 6 ends

SECTION I

CITY AGREES:

1. To provide AUTHORITY matching funds for upgrading equipment and construction cost for the City’s portion of the PROJECT in an amount of $65,091, which represents 11.47% of the OBAG3 funds of $567,597, no later than 30 days from receiving an invoice from AUTHORITY.

2. To work collaboratively with AUTHORITY to implement the PROJECT.

SECTION II

AUTHORITY AGREES:

1. To lead the development process including planning, design, construction, and deployment of the PROJECT, as described in Exhibit A and the Operations and Maintenance Agreement to be negotiated by the CITY and AUTHORITY following execution of this Agreement.

2. To submit an invoice to CITY for an amount of $65,091 prior to December 31, 2024.

3. To work collaboratively with CITY to implement the PROJECT.

SECTION III

IT IS MUTUALLY AGREED:

1. (a) That the cost to complete PROJECT is only an estimate and may require adjustments depending on the final cost. At the completion of the PROJECT, and if AUTHORITY determines that the match amount provided by CITY is exceeded, it will notify and seek approval of CITY to provide additional matching funds. Completion of the Project is defined as when AUTHORITY accepts and certifies that all phases of the PROJECT construction–including but not limited to installation, deployment, and activation of equipment–are completed.

(b) If AUTHORITY determines that the match amount provided by CITY exceeded the amount needed to complete the PROJECT then AUTHORITY will refund CITY the balance of the original match amount provided by CITY and indicated in paragraph 1 of Section I.

2. Term: This Agreement will remain in effect through December 31, 2028, or at the completion of the PROJECT, whichever occurs first, or until discharged as provided in Paragraph 3 below or as a result of paragraph 12 below.

3. Discharge: This Agreement shall be subject to discharge as follows:

a. Either Party may terminate this Agreement at any time until construction of the 164
FUNDING AGREEMENT No. 641
Countywide Smart Signals Design and Construction Phases

Page 3 of 6 ends

PROJECT begins, other than for breach. Either Party may terminate by giving written notice of termination to the other Party which shall specify both the cause and the effective date of termination.

Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Once construction of the PROJECT begins, neither party may terminate this Agreement unless there is a breach as addressed in paragraph 3(b) below.

b. This Agreement may be canceled by a Party for breach of any obligation, covenant, or condition hereof by the other Party, upon notice to the breaching Party. With respect to any breach which is reasonably capable of being cured, the breaching Party shall have 30 days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party. On cancellation, the non-breaching party retains the same rights as a Party exercising its right to terminate under the provisions of paragraph 3(a), except that the canceling Party also retains any remedy for breach of the whole contract or any unperformed balance.

c. By mutual consent of both PARTIES, this Agreement may be terminated at any time.

d. In the event of termination, AUTHORITY shall reimburse CITY, if AUTHORITY deems necessary, for overpayment by CITY based on the difference between actual cost share and estimated cost share, which such difference shall be determined in AUTHORITY’s sole discretion.

In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded.

4. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and CITY:

a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and CITY shall fully indemnify and hold harmless AUTHORITY against, any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction by CITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold the AUTHORITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement.

b. That neither CITY, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless CITY against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction by AUTHORITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold the CITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by AUTHORITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this Agreement.

165
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Page 4 of 6 ends

5. Notices: Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

Dante Hall
City Manager
111 Civic Drive
Hercules, CA 94547

Timothy Haile
Executive Director
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597

6. Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement.

7. Integration: This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.

8. Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

9. Independent Agency: AUTHORITY renders its services under this Agreement as an independent agency. None of the AUTHORITY’s agents or employees shall be agents or employees of the CITY.

10. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

11. Binding on Successors, etc.: This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

12. Severability: Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

166
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13. Limitation: All obligations of AUTHORITY under the terms of this Agreement are expressly subject to the AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY shall promptly notify CITY, and the PARTIES shall consult on a course of action to determine how to accomplish the PROJECT or if this Agreement should be terminated. If, after sixty (60) working days of the termination or suspension of sales tax proceeds authority, a course of action is not agreed upon by the PARTIES, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreements to other obligations of the AUTHORITY, of funds for such purposes.

14. No Third Party Beneficiaries: This Agreement is not for the benefit of any person or entity other than the parties.

15. Dispute Resolution: The Parties shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. Should a substantive disagreement arise between the Parties, the disagreement shall immediately be raised between the Parties. Prior to initiating any legal action, the Parties agree to meet in good faith to attempt to resolve any dispute, including but limited to meetings between executive management and participating in mediation.

The Parties shall jointly select and engage the effort of a mediator to help resolve the dispute. The Parties shall equally share the costs of the mediator. If the issue is still unresolved, either Party may bring a legal action seeking resolution of the disagreement. However, any and all legal actions may only be brought if the preceding dispute resolution process has been satisfied.

16. Venue: This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of California. The Parties agree that the jurisdiction and venue of any dispute arising under this Agreement shall be the Superior Court of Contra Costa County.

17. Counterparts: This Agreement may be executed in any number of original counterpart signature pages, and each counterpart signature page shall be attached to and incorporated into this original Agreement.

Signatures on the following page.

167
FUNDING AGREEMENT No. 641
Countywide Smart Signals Design and Construction Phases

Page 6 of 6 ends

CONTRA COSTA TRANSPORTATION

CITY OF HERCULES AUTHORITY

By: By:

Dante Hall, City Manager Newell Arnerich, Chair

ATTEST:

By: By:

Eibleis Melendez, City Clerk Tarienne Glover, Clerk of the Board

APPROVED as to form:

By: By:

Christie Crowl, City Attorney Fennemore Wendel, Legal Counsel

168

Exhibit A Page 1 of 3
FUNDING AGREEMENT NO. 641
between
The Contra Costa Transportation Authority
and
The City of Hercules

EXHIBIT A

DESCRIPTION OF THE PROJECT

BACKGROUND
The Smart Signals project in Contra Costa County is a CCTA led countywide project to upgrade traffic signal system and communication systems throughout its 19 cities and unincorporated communities.

Contra Costa County is home to 19 cities/towns and the County, which includes numerous unincorporated communities. There are approximately 1400 traffic signals within the County, Caltrans-owned and various city-owned. Most of these traffic signals are located either along major arterials, including State Routes, identified as Routes of Regional Significance (RSS) or other major and minor arterials in the cities/towns.

The project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives such as upgrading the existing legacy systems, providing interconnectivity throughout Contra Costa County signal systems and enhance the sharing of real-time information between agencies and the public.

These deficiencies result in severe traffic congestion within the cities/towns and may result in spillover onto freeways and cause a chain reaction of congestion along local arterials. The current system contributes to overall commuter travel times and delays, increases greenhouse gas emissions and fuel consumption, as well as incidents and collisions. These deficiencies were documented following extensive discussions with the cities and towns regarding traffic signal operation within the Contra Costa County.

CCTA and the project Stakeholders have initially identified these deficiencies, which are translated as the following project goals: 1) Improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians; 2) Optimize mobility along major corridors and RRS; and 3) Advance to Smart City and Internet of Things (IOT) solutions.

169

Exhibit A Page 2 of 3

PROJECT ELEMENTS
The Smart Signals project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. This solution can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies.

To accomplish these goals, CCTA is applying a Smart Signal approach that will include the implementation of ITS equipment including upgraded traffic signal controllers and cabinets, upgraded Advanced Traffic Management System (ATMS) for each agency to provide remote command and control from a centralized Traffic Management Center (TMC) or Traffic Operations Center (TOC) location, Closed-circuit Television (CCTV) cameras, SCP for transit and emergency vehicles, and vehicle detection systems deployed on predefined designated arterials and state routes.

These improvements will provide local cities and Caltrans day-to-day county-wide traffic management capabilities in addressing recurrent traffic congestion as well as provide CCTA capabilities for managing the system during non-recurring traffic congestion caused by diverted traffic due to major incidents on the freeway or during any evacuation efforts.

The PROJECT’s key features and benefits include but are not limited to some of the following:
 Providing infrastructure for a countywide traffic management system  Upgrading local signal controllers and signal system hardware, software, and firmware  Deploying bicycle and pedestrian detection software for vulnerable road user protection  Providing SCP, including Transit Signal Priority (TSP) and Emergency Vehicle Preemption (EVP) capabilities
 Enabling local event management signal timing options  Taking a proactive approach to safety by identifying “near miss” situations for analysis  Enabling cities and CCTA to proactively manage day-to-day traffic  Enabling cities to proactively manage traffic on local streets that has diverted off the freeway due to a major freeway incident
 Identifying alternative routes with timing optimized for incident management  Allowing shared control and operation, improving cross jurisdictional traffic management  Allowing cities/CCTA access to monitor all CCTV cameras and traffic signals for the purpose of optimizing day-to-day operations
170

Exhibit A Page 3 of 3
Deployment of the Smart Signals Project is expected to result in operational and safety improvements for all modes of transportation, such as:
 Decrease in travel time,
 Decrease in total delay,
 Reduction in number of stops
 Reduction in secondary accidents
 Decrease in fuel consumption and greenhouse gas emissions  Promotion of transit ridership
 Reduction of response time for emergency vehicles
When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers.

CITY OF HERCULES ELEMENTS

The signals located at the following intersection are included in the Project and are proposed to receive Smart Signal upgrades. (See Table 1 below)

Table 1: City of Hercules PROJECT Intersections

LIST OF INTERSECTIONS

Signal No. Primary Street Secondary Street
1 San Pablo Ave Hercules Ave
2 San Pablo Ave Sycamore Ave
3 San Pablo Ave Market Dr
4 San Pablo Ave John Muir Pkwy
5 San Pablo Ave Victoria Cres E

The recommended upgrades for signals located in Hercules include:
 Signal controller firmware updates
 Video/Radar detection
 Ethernet Over Copper (EOC) for communication between the signals  Pan-Tilt-Zoom (PTZ) cameras
 An Advanced Traffic Management System (ATMS)
 Traffic signal synchronization, and
 Video Analytics.

Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. The City is responsible to provide the minimum 11.47% match.  Total Number of Signals – 5
 Total funding – $567,597
 Local match required – $65,091 (11.47%)
171

172

STAFF REPORT TO THE CITY COUNCIL

DATE: March 26, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Mike Roberts, Public Works Director/City Engineer SUBJECT: Contra Costa Countywide Smart Signals Project RECOMMENDED ACTIONS:

It is recommended that the City Council receive a presentation from Contra Costa County Transportation Authority (CCTA) Planning Director John Hoang on the Contra Costa Countywide Smart Signals Project including within the City of Hercules and discuss the information provided.

BACKGROUND:

Contra Costa Transportation Authority (CCTA) is leading a Smart Signals Project to upgrade traffic signals at 328 intersections throughout the 19 cities and unincorporated communities within Contra Costa County. This work is focused along major arterials that have been designated Routes of Regional Significance. In Hercules, San Pablo Avenue is the designated Route of Regional Significance and the signals that would receive upgrades include Victoria Crescent East, John Muir Parkway, Market Drive, Sycamore Avenue, and Hercules Avenue.

Currently existing traffic signals within Contra Costa lack proper communications tools (like fiber or ethernet), preventing synchronization and coordination b etween signals.

Additionally, most modern signal systems need Signal Control and Prioritization technology that can help transit vehicles and alternative modes such as bikes and shuttles move through intersections safely and efficiently.

The benefits of Smarter Signals includes:

173

ANALYSIS:

This section of the staff report is covered in the attached presentation which will be elaborated upon in the verbal presentation.

FISCAL IMPACT:

The One Bay Area Grant (OBAG) 3 that CCTA secured for the construction of the Countywide Smart Signals project will fund $567,597 of the total cost of the improvements in Hercules while the City would be responsible for the remaining 11.47% grant match of $65,091.

ATTACHMENTS:

1. Presentation
174
Contra Costa Countywide Smart Signals
City of Hercules City Council Meeting
John Hoang
Director, Planning
3/26/2024
175

IMPROVE SAFETY,

MINIMIZE CRASHES,

ELIMINATE
INJURIES +

FATALITIES,

VISION ZERO

OPTIMIZE MOBILITY,

RELIEVE
CONGESTION +
MANAGE

EVACUATION ROUTES

ADVANCE THE

SMART COUNTY

SYSTEM /

PREPARE

ARTERIALS FOR

THE FUTURE
SMART SIGNALS Goals
176
• Supports multi-modal transportation for all users
• Increases safety
• Increases transit reliability
• Improves emergency vehicle response time
• Relieves congestion
Key
Benefits
177
How does the
SMART Signal
System work?
• Pedestrian and bicycle detection system supports
proactive identification and prevention of “near miss”
situations
• Signal Synchronization controls and smooths traffic flow • Signal Control and Prioritization (SCP) to
• Reduce emergency vehicle response time
• Increase transit reliability
• Effectively manage arterial traffic during day-to day operations, major incidents on freeway, evacuations,
or major events
• Real-time monitoring of traffic conditions allows
CCTA/cities/Caltrans access to monitor all videos and
signals to optimize operations
• Connected infrastructure to support deployment of
connected and autonomous vehicles (V2X, V2I, V2P)
178

SMART SIGNALS

SMART COUNTY
1 2 3 4 5
Five Steps to a SMART City System
179
SMART Signal Improvements

UPGRADE TO ADVANCED

CONTROLLERS & ATC CABINETS
BENEFIT: ADVANCED MOBILITY

FIBER OPTIC/CELLULAR

COMMUNICATION
BENEFIT: Better Capacity and
Reliability

VIDEO DETECTION
BENEFIT: Unobtrusive
Monitoring and Managing of the
Road Network

VULNERABLE ROAD USER PROTECTION
BENEFIT: Pedestrian Safety and Health
SMART
MOBILITY/V2X/CAVBENEFIT: Signal Control And
Prioritization (TSP/EVP)

VIDEO / DATA

ANALYTICS
BENEFIT: Safety
Monitoring
and Alerts
6 180
SMART Signal - Intersection Prioritizing
► On regional routes of significance
► In Priority Development Area (PDA) or access to PDA + Downtown and Commercial Districts
► Presence of transit routes and connection to BART
► Presence of bicycle lanes
► Bicycle and pedestrian collisions
► Connection to Shared Mobility Hubs
► Traffic volume
181
182
Trafficware
Signal Firmware
Trafficware Signal
Controllers
Trafficware
ATMS Central
Software
McCain Signal
Firmware
McCain Signal
Controllers
Econolite Signal
Firmware
Econolite Signal
Controllers
Innovate 680
Signals
Multiple Vendor
Controllers
Econolite
Centracs Central
Software
Center
To
Center
Decision
Support System
Monitoring
Reports
Monitoring
ToolMcCain
QuicNet Central
Software
City A
City B
City C
CATS
I-680 Cities
Multiple Central
Software
183

PROJECT TEAM
Design &
Management
Team
Internal CCTA staff, AMG,
consultants/contractors
performing day-to-day
activities.
(bi-monthly meetings)
Core Advisory
Committee (CAG) Stakeholders
Technical Staff from CCTA ,
local cities, Contra Costa
County and transit
agencies
(Monthly meetings a
week prior to Stakeholder
meetings)
Traffic engineer and public
work staff from all
agencies, including Cities,
County, CHP , and Transit
agencies.
(Monthly meetings a week
after CAG meetings)
184

FUNDING PLAN
185

CITY OF HERCULES
San Pablo Ave Hercules Ave
San Pablo Ave Sycamore Ave
San Pablo Ave Market Dr
San Pablo Ave John Muir Pkwy
San Pablo Ave Victoria Cres E
186

CITY OF HERCULES
Hercules Amount
Total $567,597
Match (11.47%) $65,091
187

PROJECT SCHEDULE
Systems Engineering
Plan, Specifications, & Estimate
Construction
Systems Integration
Project Close Out
SPRING 2023 - SPRING 2024
SPRING 2024 - FALL 2025
FALL 2025 – FALL 2026
FALL 2026 – FALL 2027
FALL 2028
188
Questions
15 189
DI

SCUSSION AND/OR ACTION

AGENDA ITEM

3. 22-960
190

It is recommended that the City Council receive an update on the status of the FY 24-25 Capital Improvement Program.

BACKGROUND:

The adopted FY 2 4-25 Program includes 21 projects totaling approximately $6.0M in improvements that are categorized under the 5 functional areas of Buildings & Facilities, Streets, Parks, Sewer, and Transportation (aka the Hercules Hub).

Some of the higher profile CIP Projects included in the FY 24-25 Program include:
 Deferred Maintenance Improvements to City Facilities including: City Hall, Senior Center, Library, Community Swim Center, Teen Center, Hanna Ranch Child Care, Lupine Kidz Center, Public Works Maintenance Yard, Ohlone Community Center, Foxboro Community Center - $500K in improvements total.  Hercules Rodeo Fire Station #76 Roof Replacement – Urgent project added to the CIP
 Police Department Lobbies Upgrade – To improve safety and customer experience  Smart Signals Project – Technology improvements that will make roads safer  Falcon Way Reconstruction – from Wren Court to Refugio Valley Road  Beechnut Park Improvement Project – Install much -needed amenities to this neighborhood park
 Refugio Valley Park Picnic Area and Shade Structure Improvement Project – Revitalizes the Gem of the Hercules park system
22-960
191

 Foxboro Court Basketball Resurfacing – To create a new playing surface  Sycamore Avenue Lower Sewer Trunk Main – Complete construction on this multi- year project.
 Hercules Hub – Secure grant funding for completing the design and construction of this place-making, multimodal transportation facility

Since the last update in April 2024, the following projects of interest have been completed but not yet been reported to the City Council:

 Purchased and installed 4 additional basketball hoops in the Community Center  Painted the interior of the Community Center

ANALYSIS:

A verbal status update for the projects as shown in the presentation (Att #1) will be provided at the meeting and staff can respond to specific questions at that time.

FISCAL IMPACT:

There is no fiscal impact associated with this staff report.

ATTACHMENTS:

1. FY 24-25 Adopted CIP Program

2. CIP Update Presentation
192
Project Funding Source: Prior FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection City Hall General Fund/Capital Reserves $ - $ 137,170.00 $ 337,700.00 $ - $ - $ - $ - $ - $ - $ - $ - 474,870$ Senior Center General Fund/Capital Reserves - $ 22,715.00$ 19,250.00$ - $ - $ - $ - $ - $ - $ - $ - $ 41,965$ Library General Fund/Capital Reserves 100,000.00$ 15,000.00$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 115,000$ Community Swin Center General Fund/Capital Reserves - $ 132,638.00$ 94,160.00$ - $ - $ - $ - $ - $ - $ - $ - $ 226,798$ Teen Center General Fund/Capital Reserves - $ 20,460.00$ 11,000.00$ - $ - $ - $ - $ - $ - $ - $ - $ 31,460$ Hanna Ranch Childcare Center General Fund/Capital Reserves - $ 6,820.00$ 34,650.00$ - $ - $ - $ - $ - $ - $ - $ - $ 41,470$ Lupine Kidz Center General Fund/Capital Reserves - $ 17,380.00$ 17,160.00$ - $ - $ - $ - $ - $ - $ - $ - $ 34,540$ Ohlone Childcare Center Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Public Works Maintenance Yard General Fund/Capital Reserves - $ 30,000.00$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 30,000$ Ohlone Community Center General Fund/Capital Reserves - $ 113,905.00$ 37,620.00$ - $ - $ - $ - $ - $ - $ - $ - $ 151,525$ Foxboro Community Center General Fund/Capital Reserves - $ 9,735.00$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 9,735$ Police Development Impact Fee - $ 200,000.00$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 200,000$ Asset Seizure Fund 57,918.00$ 117,000.00$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 174,918$ Leila's By The Bay Roof Unfunded - $ - $ 30,000.00$ - $ - $ - $ - $ - $ - $ - $ - $ 30,000$ Fire Station #76 Parking Lot Unfunded - $ - $ 250,000.00$ - $ - $ - $ - $ - $ - $ - $ - $ 250,000$ Future Facility Capital Improvement
Project Unfunded - $ - $ - $ 415,000.00$ 415,000.00$ 415,000.00$ 415,000.00$ 415,000.00$ 415,000.00$ 415,000.00$ 415,000.00$ 3,320,000$ Total 157,918$ 822,823$ 831,540$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 5,132,281$ Funding Source:
- $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ General Fund/Capital Reserves 100,000$ 505,823$ 551,540$ - $ - $ - $ - $ - $ - $ - $ - $ 1,157,363$ Police Development Impact Fee - $ 200,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 200,000$ Facility Maintenance Fund - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Asset Seizure Fund 57,918$ 117,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 174,918$ Unfunded - $ - $ 280,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 3,600,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Total 157,918$ 822,823$ 831,540$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 415,000$ 5,132,281$ City of Hercules
Facilities CIP Summary
Police Department Lobbies
CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 146
193
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed General Fund/Capital Reserves - $ 137,170$ 337,700$ - $ - $ - $ - $ - $ - $ - $ - $ 474,870$ Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ 137,170$ 337,700$ - $ - $ - $ - $ - $ - $ - $ - $ 474,870$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
City Hall
FY 24-25
ADA Transition Plan $25,000
Carpet/Paint $75,000
Rebuild Entrance Garden / Fountain / Lighting $20,000
Exit Lights $4,200
FY 25-26
Exterior Paint $50,000
ADA Transition $25,000
Carpet/Paint $75,000
Repave Parking Lot $150,000
Identified in the Draft Building Assessment 10-Year CIP for health, safety, building longevity, and service to the community.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 147
194
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed General Fund/Capital Reserves - $ 22,715$ 19,250$ - $ - $ - $ - $ - $ - $ - $ - $ 41,965$ Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ 22,715$ 19,250$ - $ - $ - $ - $ - $ - $ - $ - $ 41,965$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Senior Center
FY 24-25
Fence around inground transformer Transformer $3,000
ADA Steps , Ramps and walkways at Senior Center $15,000 Inspect and update Exit Lights as needed $2,100
FY 25-26
Repair / Replace roof gutters $2,000
Repaint Outside Senor Center $8,000
Repaint inside Senor Center $5,000
Carpet $2,500
Identified in the Draft Building Assessment 10-Year CIP for health, safety, building longevity, and service to the community.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 148
195
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

FY 24-25
Seal Starry Cone $15,000
Elastomeric paint could prevent leaking from re-occurring for 2-3 Years.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 149
196
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed General Fund/Capital Reserves - $ 132,638$ 94,160$ - $ - $ - $ - $ - $ - $ - $ - $ 226,798$ Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ 132,638$ 94,160$ - $ - $ - $ - $ - $ - $ - $ - $ 226,798$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Community Swin Center
FY 24-25
Pool Deck slot drain Repair $25,000 Replace electrical Panel Cover $1,200 HVAC Repair/Replacement $79,080 AC compressor Electrical Disconnects $3,500 Filter Flow Meters $3,600
Inspect and update Exit Lights as needed $2,100
FY 25-26
Ada Steps , Ramps and walkways at Senior Center $25,000 Flow Meters $5,400 ADA Striping $3,000 Pool Deck Lighting $18,000
Shower Benches $12,000 UPS To Phone System $1,200
Replace Diving Board $15,000 Pool Filter Media $3,600 Identified in the Draft Building Assessment 10-Year CIP for health, safety, building longevity, and service to the community.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 150
197
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed General Fund/Capital Reserves - $ 20,460$ 11,000$ - $ - $ - $ - $ - $ - $ - $ - $ 31,460$ Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ 20,460$ 11,000$ - $ - $ - $ - $ - $ - $ - $ - $ 31,460$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Teen Center
FY 24-25
ADA Steps , Ramps and walkways at Teen Center $15,000
Bathroom Exhaust Fans $3,600
FY 25-26
Kitchen Range Hood $2,000
Exterior Paint $8,000
Identified in the Draft Building Assessment 10-Year CIP for health, safety, building longevity, and service to the community.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 151
198
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed General Fund/Capital Reserves - $ 6,820 $ 34,650$ - $ - $ - $ - $ - $ - $ - $ - $ 41,470$ Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ 6,820 $ 34,650$ - $ - $ - $ - $ - $ - $ - $ - $ 41,470$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Hanna Ranch Childcare Center
FY 24-25
Kitchen Range Hood $2,000
Inspect and update Exit Lights as needed $4,200
FY 25-26
VCT Flooring in Classrooms $25,000
Interior Cabinet Repair and Refresh $6,500
Identified in the Draft Building Assessment 10-Year CIP for health, safety, building longevity, and service to the community.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 152
199
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed General Fund/Capital Reserves - $ 17,380$ 17,160$ - $ - $ - $ - $ - $ - $ - $ - $ 34,540$ Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ 17,380$ 17,160$ - $ - $ - $ - $ - $ - $ - $ - $ 34,540$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Lupine Kidz Center
FY 24-25
Restroom Exhaust Fans $5,400
Kitchen Range Hood $2,000
Inspect and update Exit Lights as needed $8,4000
FY 25-26
Slurry Seal Parking Lot $3,500
Restripe Parking Lot $2,500
Inspect and update Fire Alarm as needed $9,600
Identified in the Draft Building Assessment 10-Year CIP for health, safety, building longevity, and service to the community.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 153
200
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Faility is owned by school district.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 154
201
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 155
202
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed General Fund/Capital Reserves - $ 113,905$ 37,620$ - $ - $ - $ - $ - $ - $ - $ - $ 151,525$ Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ 113,905$ 37,620$ - $ - $ - $ - $ - $ - $ - $ - $ 151,525$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Ohlone Community Center
FY 24-25
Redesign and Renovate Bathrooms $56,000 Water Heater $3,500 HVAC Repair and or Replacement $22,950 Inspect and update Exit Lights as needed $2,100 Interior Cabinet Repair and Refresh $6,500 Install Parking lot Lights $10,500 FY 25-26
Exterior Paint $8.,000
ADA Transition $10,000
HVAC Repair and or Replacement $16,200
Identified in the Draft Building Assessment 10-Year CIP for health, safety, building longevity, and service to the community.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 156
203
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 157
204
Project Number: BDP#22-3
Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Police Development Impact Fee - $ 200,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 200,000$ Asset Seizure Fund 57,918$ 117,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 174,918$ Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total 57,918$ 317,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 374,918$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Police Department Lobbies
This project will remove the decrepit, abandoned modular building in front of City Hall and replace it with police lockers, Including private restrooms and showers, and a workout/training area. The project is on hold until sufficient developer impact fees have been deposited into the fund, which would occur for example when the Bayfront developer pulls permits for The Mint private residential development project.

The Locker room and restrooms used by Police Staff are too small and are in greatly deteriorated condition as they are utilized 24 hours a day/seven days a week. In addition, as our Police staffing has become more diverse with more female officers, space needs to be reallocated to accommodate this shift.

A remodel and upgrade of the existing locker rooms and restrooms was evaluated but is not feasible. The new facilities will provide more space and allow for increased diversity and inclusion.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 158
205
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

The shingles are worn and the roof is due for replacement.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 159
206
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

The Portland cement concrete parking lot has many cracks and the worst areas have been patched with asphalt. A permanent repair is needed.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 160
207
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

FY 26-27 through FY 33-34
Per Draft Building Assessment
Identified in the Draft Building Assessment 10-Year CIP for health, safety, building longevity, and service to the community.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 161
208
Project Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection General Fund/Capital Reserves - $ 1,000,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1,000,000$ SB1 RMRA - $ 300,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 300,000$ SB1 RMRA - $ 100,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 100,000$ Solid Waste Fund - $ 250,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 250,000$ General Fund/Capital Reserves $ - $ - $ 750,000.00 $ - $ - $ - $ - $ - $ - $ - $ - 750,000$ SB1 RMRA $ - $ 150,000.00 $ 250,000.00 $ - $ - $ - $ - $ - $ - $ - $ - 400,000$ Measure J Fund - 263 $ - $ - $ 100,000.00 $ - $ - $ - $ - $ - $ - $ - $ - 100,000$ SB1 RMRA $ - $ - $ - $ 250,000.00 $ - $ - $ - $ - $ - $ - $ - 250,000$ Measure J Fund - 263 $ - $ - $ - $ 100,000.00 $ - $ - $ - $ - $ - $ - $ - 100,000$ Unfunded $ - $ - $ 150,000.00 $ 1,150,000.00 $ - $ - $ - $ - $ - $ - $ - 1,300,000$ Green Infrastructure Project Unfunded $ - $ - $ 250,000.00 $ - $ - $ - $ - $ - $ - $ - $ - 250,000$ SB1 RMRA $ - $ - $ - $ - $ 250,000.00 $ 250,000.00 $ 250,000.00 $ 250,000.00 $ 250,000.00 $ 250,000.00 $ 250,000.00 1,750,000$ Measure J Fund - 263 $ - $ - $ - $ - $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 700,000$ Unfunded $ - $ - $ - $ - $ 1,150,000.00 $ 1,150,000.00 $ 1,150,000.00 $ 1,150,000.00 $ 1,150,000.00 $ 1,150,000.00 $ 1,150,000.00 8,050,000$ Countywide Smart Signals SB1 RMRA $ - $ 65,100.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - 65,100$ Total - $ 1,865,100$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 15,365,100$ Funding Sources:

General Fund/Capital Reserves -$ 1,000,000$ 750,000$ -$ -$ -$ -$ -$ -$ -$ -$ 1,750,000$ SB1 RMRA - $ 615,100$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 2,865,100$ Measure J Fund - 263 - $ -$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 900,000$ Solid Waste Fund - $ 250,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 250,000$ Unfunded - $ -$ 400,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 9,600,000$ Total - $ 1,865,100$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 15,365,100$ Annual Street Repair Project
City of Hercules
Streets CIP Summary
Falcon Way
Foxboro
Hercules By The Bay
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 162
209
Project Number:

Project Name:

Description:

Justification:
v
Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection General Fund/Capital Reserves - $ 1,000,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,000,000$ SB1 RMRA - $ 300,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 300,000$ Measure J Fund - 263 - $ 100,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 100,000$ Solid Waste Fund - $ 250,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 250,000$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ 1,650,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,650,000$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Falcon Way
Repair and resurface Falcon Way from Wren Court to Refugio Valley Road This section of Falcon Way which serves as a collector for the Birds neighborhood is in extremely poor condition and on a steep downgrade with curves.

Design = $100,000
Construction =1,500,000
Contract Project Management Cost = $50,000
Design and construct FY24-25
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 163
210
Project Number:

Project Name:

Description:

Justification:

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The Foxboro neighborhood, as a whole, has the most degraded streets in Hercules.

Design = $100,000
Construction = $1,100,000
Contract Project Management Cost = $50,000
Design FY24-25
construct FY25-26
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 164
211
Project Number:

Project Name:

Description:

Justification:
v
Projected Timing:

Estimated Start Date:

Estimated End Date:

Hercules By The Bay, as a whole, has the most degraded streets in Hercules excepting the Foxboro neighborhood
Design = $100,000
Construction = $1,500,000
Contract Project Management Cost = $50,000
Design FY25-26
construct FY26-27
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 165
212
Project Number:

Project Name:

Description:

Justification:
v
Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection Unfunded - $ - $ 250,000$ - $ - $ - $ - $ - $ - $ - $ - $ 250,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ - $ 250,000$ - $ - $ - $ - $ - $ - $ - $ - $ 250,000$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Green Infrastructure Project
Green Infrastructure (GI) refers to the construction and retrofit of storm drainage to reduce runoff volumes, disperse runoff to vegetated areas, harvest and use runoff where feasible, promote infiltration and evapotranspiration, and use bioretention and other natural systems to detain and treat runoff before it reaches our creeks and Bay. Green infrastructure facilities include, but are not limited to, pervious pavement, infiltration basins, and bioretention facilities or “raingardens”.

Provision C.3.j.i of the Municipal Regional Stormwater Permit (MRP) requires the City to treat 1.58 acres through Green Infrastructure by June 30, 2027.

FY25/26
$250k
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 166
213
Project Number:

Project Name:

Description:

Justification:
v
Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection SB1 RMRA - $ - $ - $ - $ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 1,750,000$ Measure J Fund - 263 - $ - $ - $ - $ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 700,000$ Unfunded - $ - $ - $ - $ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 8,050,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ - $ - $ - $ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 10,500,000$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Annual Street Repair Project
Repair and Resurface City streets at miscellaneous locations.

CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 167
214
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed Proposed - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ SB1 RMRA - $ 65,100$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 65,100$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ 65,100$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 65,100$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Countywide Smart Signals
This is a part of a County-wide traffic signal improvement and coordination project that will be funded and administered by CCTA through a grant they received and for which Hercules will provide the local match. Signals to be included are along the San Pablo Corridor including: Hercules Av, Sycamore Av, Market Dr, John Muir Parkway, and Victorial Crescent East. The improvements will include video detection, back up batteries, traffic signal synchronization, and controller updates.

CCTA's SHare of cost $502,506
City Match $65,000
Signal improvements will increase traffic efficiencies at each signal and County wide, provide needed updates to the controllers, and the backup batteries will ensure the signals function during power outages.

CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 168
215
Project Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection Sycamore Ave (Upper Truck Main)
DELETED Sewer Fund - 421 -$ -$ -$ -$ - $ - $ - $ - $ - $ - $ -$ -$ Sycamore Ave (Lower Truck Main) Sewer Fund - 421 -$ 1,100,000$ -$ -$ - $ - $ - $ - $ - $ - $ -$ 1,100,000$ Promenade Lift Station Sewer Fund - 421 -$ -$ 185,000$ 1,170,450$ - $ - $ - $ - $ - $ - $ -$ 1,355,450$ Repair/ Replace Sewer Lines under
SR-4 & Along Willow Ave Sewer Fund - 421 -$ -$ 200,000$ 100,000$ 1,080,000$ - $ - $ - $ - $ - $ -$ 1,380,000$ Total -$ 1,100,000 $ 385,000$ 1,270,450$ 1,080,000$ - $ - $ - $ - $ - $ -$ 3,835,450$ City of Hercules
Sewer CIP Summary
CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 169
216
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

The wet weather hydraulic modeling that ocuurred over winter indicated this project did not need to be constructed.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 170
217
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

This section of pipe is 30 feet deep and under the effluent force main and requires special design and installation.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 171
218
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

The relocation is required by the Development Agreement.

Design = $135,000
Construction = $1,170,450
Contract Project Management = $50,000
CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 172
219
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Repair existing main under SR-4 between Willow and Foxboro and 2 sections of main along Willow near Sycamore.

FY 25-26 Replace 2 Sections of pipe
FY 26-27 Design remaining sections, including under SR-4 FY 26-27 Construction
Prior cleaning/video inspection has determined the pipes are in poor condition and should be repaired. Additional analysis during design will determine extent of repair needed.

CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 173
220
Project Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection Eastbay Regional Park District WW
Grant Funds $ 25,000.00 $ 35,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - 60,000.00$ Prop. 64 Grant Funds - $ 3,500.00$ 190,500.00$ - $ -$ -$ - $ - $ - $ - $ -$ 194,000.00$ Parks Impact Fee Fund - $ - $ 150,000.00$ - $ -$ -$ - $ - $ - $ - $ -$ 150,000.00$ Foxboro Playground Unfunded $ - $ - $ 50,000.00 $ 550,000.00 $ - $ - $ - $ - $ - $ - $ - 600,000.00$ Foxboro Basketball Court General Fund/Capital Reserves - $ 145,000.00$ - $ - $ -$ -$ - $ - $ - $ - $ -$ 145,000.00$ General Fund/Capital Reserves $ 76,450.00 $ 500,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - 576,450.00$ Community Development Tax Fund $ - $ 170,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - 170,000.00$ Unfunded $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - -$ Refugio Tennis Courts Unfunded $ - $ - $ 55,000.00 $ 270,000.00 $ - $ - $ - $ - $ - $ - $ - 325,000.00$ General Fund/Capital Reserves $ - $ 100,000.00 $ 50,000.00 $ 450,000.00 $ - $ - $ - $ - $ - $ - $ - 600,000.00$ Unfunded $ - $ - $ 70,000.00 $ 225,000.00 $ - $ - $ - $ - $ - $ - $ - 295,000.00$ Woodfield Basketball Court Unfunded $ - $ - $ 215,000.00 $ - $ - $ - $ - $ - $ - $ - $ - 215,000.00$ Woodfield Tennis Court Unfunded $ - $ - $ - $ 320,000.00 $ - $ - $ - $ - $ - $ - $ - 320,000.00$ Woodfield Replace Restroom Unfunded $ - $ - $ - $ - $ - $ - $ 465,000.00 $ - $ - $ - $ - 465,000.00$ Woodfield Accessibility Route Unfunded $ - $ - $ - $ - $ 55,000.00 $ 273,000.00 $ - $ - $ - $ - $ - 328,000.00$ Transportation Impact Fee Fund $ - $ - $ - $ - $ 240,000.00 $ - $ - $ - $ - $ - $ - 240,000.00$ Unfunded $ - $ - $ - $ - $ - $ 1,440,000.00 $ - $ - $ - $ - $ - 1,440,000.00$ Slurry Seal the Bay Trail Unfunded $ - $ - $ - $ 132,000.00 $ - $ - $ - $ - $ - $ - $ - 132,000.00$ Bay Trail Wall Repair State Gas Tax Fund - 262 $ - $ 100,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - 100,000.00$ Total 101,450$ 1,053,500$ 780,500$ 1,947,000$ 295,000$ 1,713,000$ 465,000$ - $ - $ - $ - $ 6,355,450$ Funding Source:

Transportation Impact Fee Fund - $ - $ - $ - $ 240,000$ -$ - $ - $ - $ - $ -$ 240,000$ Eastbay Regional Park District WW
Grant Funds 25,000$ 35,000$ - $ - $ -$ -$ - $ - $ - $ - $ -$ 60,000$ Prop. 64 Grant Funds - $ 3,500$ 190,500$ - $ -$ -$ - $ - $ - $ - $ -$ 194,000$ General Fund/Capital Reserves 76,450$ 745,000$ 50,000$ 450,000$ -$ -$ - $ - $ - $ - $ -$ 1,321,450$ Parks Impact Fee Fund - $ - $ 150,000$ - $ -$ -$ - $ - $ - $ - $ -$ 150,000$ Community Development Tax Fund - $ 170,000$ - $ - $ -$ -$ - $ - $ - $ - $ -$ 170,000$ State Gas Tax Fund - 262 - $ 100,000$ - $ - $ -$ -$ - $ - $ - $ - $ -$ 100,000$ Unfunded - $ - $ 390,000$ 1,497,000$ 55,000$ 1,713,000$ 465,000$ - $ - $ - $ -$ 4,120,000$ - $ - $ - $ - $ -$ -$ - $ - $ - $ - $ -$ -$ Total 101,450$ 1,053,500$ 780,500$ 1,947,000$ 295,000$ 1,713,000$ 465,000$ - $ - $ - $ - $ 6,355,450$ Sycamore Avenue Bicycle
City of Hercules
Parks CIP Summary
Dredge Refugio Lake
Beechnut Park
Refugio Picnic Area
CAPITAL IMPROVEMENT PROJECTS CITY OF HERCULES FY 2024-25 ANNUAL BUDGET 174
221
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection Eastbay Regional Park
District WW Grant Funds 25,000 $ 35,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 60,000$ Prop. 64 Grant Funds - $ 3,500 $ 190,500$ - $ - $ - $ - $ - $ - $ - $ - $ 194,000$ Parks Impact Fee Fund - $ - $ 150,000$ - $ - $ - $ - $ - $ - $ - $ - $ 150,000$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total 25,000 $ 38,500$ 340,500$ - $ - $ - $ - $ - $ - $ - $ - $ 404,000$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Beechnut Park Improvement Project
Improve Beechnut Park utilitzing grant funding. Improvements are to be determined but could include a half play court with basketball hoop, play structures, picnic area, and turf play area. There is an easement for the overhead electric transmission lines which needs to be modified by PG&E and approved by the CPUC prior to improvements being constructed. This process is expected to occur over FY 24-25 along with the preliminary design, with final design and construction taking place FY 25-26.

Beechnut Park is the most in need of enhancing and has been essentially unimproved for many years.

Council appropriated the grant funding for Beechnut Park in a prior year. This project is included in the 5-Year Action Plan of the Parks Master Plan.

Design = $63,500
Construction = $340,500
Contract Project Management = In house, no additional cost CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 175
222
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Replace the playground equipment and safety surfacing
Both the playground equipment and safety surfacing are in poor condition and need to be replaced.

This project is included in the 5-Year Action Plan of the Parks Master Plan.

Design = $25,000
Construction = $550,000
Contract Project Management =$25,000
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 176
223
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

The surfacing is uneven in places and very rough. The hoops do not have the standard setback. This project is included in the 5-Year Action Plan of the Parks Master Plan.

Construction = $135,000
Contract Project Management $10,000
Timeline FY 24-25
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 177
224
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection General Fund/Capital Reserves 76,450 $ 500,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 576,450$ Community Development Tax Fund - $ 170,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 170,000$ Unfunded - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total 76,450 $ 670,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ 746,450$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Refugio Valley Park Picnic Area & Shade Structure Improvement Project This project will add 2 shade structures over the picnic areas to replace the shade provided by the eucalyptus trees that were removed, renovate the picnic area surfacing and furniture, and provide accessible parking stalls in the parking lot and path of travel to these facilities.

These facilities are in need of a renovation and this project was included in the 5-Year Action Plan of the Parks Master Plan
Final Design & Construction Support = $76,450
Construction = $670,000
Contract Project Management = inhouse, no additional cost CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 178
225
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection Unfunded - $ - $ 55,000 $ 270,000 $ - $ - $ - $ - $ - $ - $ - $ 325,000$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ - $ 55,000 $ 270,000 $ - $ - $ - $ - $ - $ - $ - $ 325,000$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Refugio Tennis Courts Circulation and Safety Improvement Project This project will renovated the circulation system between the parking lot, practice wall, group picnic area, tennis courts, and Turquoise Avenue including replacing the wood railroad tie stairs, steps, and other connecting features with concrete and provide a marked accessible parking spot and accessible route from the parking lot to the tennis courts and gathering areas.

The safety and accessibility enhancements are needed to fully utilize the site and these improvements were included in the 5-Year Action Plan of the Parks Master Plan.

Design = $35,000
Construction = $270,000
Contract Project Management = $20,000
Funding - Unfunded
Timeline FY 26-27
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 179
226
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

If the lake is not dredged soon, it will continue to fill in. This project was listed in the 5-Year Action Plan of the Parks Master Plan.

Preliminary Design, Environmental, Permits = $100,000
Final Design = $50,000
Construction = $675,000
Contract Project Management = $70,000
Timeline Preliminary Design/Permits FY 25-26
Final Design & Construction FY 26-27
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 180
227
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Surfacing and basketball hoops/posts are in very poor shape and this project is listed in the 5-Year Action Plan of the Parks Master Plan.

Basketball Court Renovation Project
Construction Cost = $200,000
Contract Project Management $15,000
FY 25-26
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 181
228
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Court surfacing and appurtenant facilities are in very poor condition and need of renovation. This project is listed in the 5-Year Action Plan of the Parks Master Plan.

Construction Cost $300,000
Contract Project Management $20,000
FY 26-27
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 182
229
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

The building and facilities are in extremely poor condition and need of replacement. This project is listed in the 5-Year Action Plan of the Parks Master Plan.

Construction Cost $450,000
Contract Project Management $15,000
FY 29-30
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 183
230
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Accessible route connecting existing park features will enhance the park for all-ability users. This project is listed in the 5-Year Action Plan of the Parks Master Plan.

Design = $30,000
Construction Cost = $273,000
Contract Project Management = $25,000
Construction FY27-28
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 184
231
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

Funding Source: Prior Year FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection Transportation Impact Fee Fund - $ - $ - $ - $ 240,000$ - $ - $ - $ - $ - $ - $ 240,000$ Unfunded - $ - $ - $ - $ - $ 1,440,000$ - $ - $ - $ - $ - $ 1,440,000$ Adjustment - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ Total - $ - $ - $ - $ 240,000$ 1,440,000$ - $ - $ - $ - $ - $ 1,680,000$ City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Sycamore Avenue Bicycle and Pedestrian East-West Connector Project Install multiuse pedestrian/bicycle pathway on the north side of Sycamore and Class II bicycle facilities on the south side under I-80/BNSF RR to connect the east and west sides of the City.

I-80 divides the City and safety enhancements are needed on Sycamore so bicyclists and pedestrians have connectivity to the ease and west sides of the City. This project is listed in the 5-Year Action Plan of the Parks Master Plan.

Design = $160,000
Construction = $1,440,000
Contract Project Management = $80,000
Funding Future Grants
Timeline TBD, dependent upon funding
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 185
232
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

The trail is highly used and needs regular maintenance to ensure the surfacing is safe and usable. This project is listed in the 5-Year Action Plan of the Parks Master Plan.

Project Cost
Construction Cost = $120,000
Contract Project Management = $12,000
FY 26-27
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 186
233
Project Number:

Project Name:

Description:

Justification:

Projected Timing:

Estimated Start Date:

Estimated End Date:

This work is needed to protect the property above the wall and prevent soil from encroaching onto the Bay Trail.

Project Cost
Construction Cost = $100,000
FY 24-25
CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 187
234
Project Number:

Project Name:

Description:

Justification:

Phase: Funding Source: Prior FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Projection Projection Projection Projection Env - Reporting & Field
Monitoring Grant Measure J SP - 89,000 89,000 89,000 - - - - - - - 267,000 Env - Conservation Easement Public Benefit Fee Funds - - - - - - - - - - - - Grant Measure J TLC 130,527 - - - - - - - - - - 130,527 Grant WCCTAC STMP Funding 604,503 150,000 150,000 - - - - - - - - 904,503 Grant WCCTAC STMP Funding - - 800,000 - - - - - - - - 800,000 Grant TIRCP - - 1,200,000 1,200,000 - - - - - - - 2,400,000 Grant Garamendi Earmark 850,000 850,000
General Fund - - 670,500 - - - - - - - - 670,500 Unfunded - - 4,250,000 4,250,000 - - - - - - - 8,500,000 General Fund - - 2,329,500 - - - - - - - 2,329,500 Unfunded - - 24,835,319 - - - - - - - 24,835,319 Construction Unfunded - - - 30,162,080 30,162,080 7,540,520 - - - - 67,864,680 Adjustment - - - - - - - - - - - - Total 735,030 1,089,000 7,159,500 32,703,819 30,162,080 30,162,080 7,540,520 - - - - 109,552,029 ROW/Utility Relocations
City of Hercules
Capital Improvement Plan
Fiscal Years 2024-25 through 2033-34
Hercules - The Hub
Design
Environmental mitigation work from previous construction phases is on-going. A funding plan has been created to complete the final design, utility relocations, and construction of the remainder of the Hub. The budget in coming years is dependent upon recieving grants. The City set aside $3M in the General Fund/Capital Reserves as the City's local contribution. Most recently, the City was successful in securing $2.4M of State TIRCP funds towards final design.

Moving forward, a total of $107.7M is needed to complete the infrastructure for a train stop, of which it is proposed $104.7M be funded with grants.

CITY OF HERCULES FY 2024-25 ANNUAL BUDGETCAPITAL IMPROVEMENT PROJECTS 188
235
Capital Improvement Program Update
Fiscal Year 2024-2025
September 24, 2024
236
Capital Improvements Presentation Summary
•Buildings & Facilities
•Streets
•Parks
•Sewer
•Hercules Hub
237
Community Center Basketball Hoops
Building Facilities
238
Community Center Interior Painting
Building Facilities
239
Deferred
Maintenance
Improvements
Building Facilities
240
Fire Station Roof Replacement
Building Facilities
241
Building Facilities
Police Lobbies
242
Streets
Countywide Signal Upgrade Project
243
Streets
Falcon Way Reconstruction
244
Parks
•Beechnut Park
Improvement
Project
245
Refugio Valley Park Picnic Area &
Shade Structure Improvement Project
Parks
246
Foxboro Basketball Court Surfacing &
Hoop Replacement
Parks
247
Parks
Refugio Lake Dredging
248
Sewer
Sycamore Ave (Lower Trunk Main)
249
Hercules Hub
• Acquire Grant Funding
250
Thank you!
Questions?
Mike Roberts, PE
Public Works Director/City Engineer
Tel. (510 )799-8241
E-mail : [email protected]
251
DI

SCUSSION AND/OR ACTION

AGENDA ITEM

4. 22-963
252

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 24, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference and General Assembly RECOMMENDED ACTION:

1. Designate a voting delegate and alternates for the League of California Cities Annual Conference and General Assembly to be held October 16-18th, 2024, in Long Beach, CA.

2. Provide the designated voting delegate direction on the resolution to be considered by the General Assembly.

DISCUSSION:

The League of California Cities bylaws outline the procedures regarding the designation of delegates and alternates by the City Council.

The League’s 2024 Annual Conference is scheduled for October 16-18th, 2024 in Long Beach, CA at the Long Beach Convention Center . An important part of the Annual Conference is the General Assembly meeting at which the League membership considers and takes action on resolutions that establish League policy.

In order to vote during the General Assembly, the City Council must formally designate a voting delegate and up to two alternates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.

The voting delegate and alternates must be registered to attend the conference. In order to cast a vote, at least one must be present at the General Assembly and in possession of a voting card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting card at the voting delegates desk. This will enable 22-963
253

the delegate and alternates to receive the special s ticker on their name badges that will admit them into the voting area during General Assembly.

At the General Assembly, in dividuals with the voting card will sit in a separate area.

Admission to this area will be limited to those individuals with the special st icker on their name badge identifying them as a voting delegate or alternate.

The voting card may be transferred be tween the voting delegate and alternates only.

Transferring voting cards to non-designated individuals is not allowed. If the voting delegate and alternates are unable to attend the General Assembly, they may not transfer the voting card to another city official.

This year, there is only one resolution before the General Assembly. That resolution – “Fair and Equal Treatment of All Governmental Officials at All Levels” – was submitted by the City of Glendora and is included in the resolution packet attached hereto as Attachment 2. The resolution cites opposition to certain laws (e.g. the Brown Act, the Political Reform Act) that either apply only to local officials or treat local and state officials differently. In response, the proposed resolution calls for the state legislature to adopt the following policy:

The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.

Staff is therefore requesting that the City Council provide direction to its delegate to the Annual Conference for the vote on this resolution. CalCities’ staff analysis of the resolution is on page 17 of the at tached 2024 Resolution Packet. That analysis indicates that the policy is quite broad, somewhat ambiguous, and that its fiscal impact is unknown; however, it also describes concrete examples of where the law treats state and local officials differently. The City of Hercules may not be directly impacted by an affirmative vote for the resolution. Should the General Assembly approve the resolution, it would simply be forwarded to the state legislature for consideration. The legislature would then have to decide to adopt the policy in order for it to ultimately go into effect.

FISCAL IMPACT:

The cost for one City delegate to attend the League Annual Conference is included in the proposed FY 2024/25 annual budget.

ATTACHMENTS:

1. LOCC Memo and Voting Procedures/Delegate Form

2. Cal Cities 2024 Resolution Packet

254

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024

TO: Mayors, Council Members, City Clerks, and City Managers

RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center

Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
255

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

256

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

257
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 258
2023-2024

CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024
TO: M
ayors, Council Members, City Managers, and City Clerks
RE: Cal
Cities 2024 Resolution Packet
Six
ty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline.

Th
e attached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process.

We
encourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution.

Vot
ing Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information.

The Cal
Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo.

For
questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
259

2024
Resolutions
Packet
260
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.

A list of recommendations the policy committee may make during its meeting are on page three of this packet.

Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.

The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.

A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.

Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.

Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.

Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 261
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

2024 Resolutions Packet

Policy Committee and Resolutions Committee Actions

The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.

Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve

Amend and approve

Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)

Additional amendments and refer to
appropriate policy committee for
further study*

*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly.

3 263

2024 Resolutions Packet

General Assembly Voting and Discussion Procedures
Discussion Procedures:

Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.

For General Resolutions:

Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly

For Petitioned Resolutions:

Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly

Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.

Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.

Voting Procedures:

Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.

4 264

2024 Resolutions Packet

2024 Resolution

1. Resolution on F air and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:

5 265

2024 Resolutions Packet

Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora

6 266

2024 Resolutions Packet

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF

CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE

FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL

LEVELS IN THE STATE OF CALIFORNIA

Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Gov
ernance, Transparency and Labor Relations Policy
Committee

WHE
REAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and

WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:

California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California;

Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials;

7 267

2024 Resolutions Packet

Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;

Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.

WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”

NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:

“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate . This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”

8 268

2024 Resolutions Packet

Resolution No. 1: Letters of
Concurrence

9 269
July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.

Sincerely,
Michael Allawos
Council Member
City of Glendora
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2024 Resolutions Packet

Resolution No. 1: Staff Analysis

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League of California Cities Staff Analysis on Resolution No. 1 Sta
ff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:

This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The C
alifornia State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:

This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.

Ralph M. Brown Act
The Ca
lifornia Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.

The Ra
lph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 277
9027 governs the state Legislature. T he California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).

Altho
ugh fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.

Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.

California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.

SB 174
(Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.

Over
the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.

The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 278
proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.

The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. C
hapter 556, Statutes of 2019
established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.

The R
esolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.

Fiscal Impact:

Unknown.

Existing Cal Cities Policy:

Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
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• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Comments:

Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced,
which requires local governments to
present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.

Add
itionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.

AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.

Applying to elected officials or to the legislative body? Legislature or the State? The r
esolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”

This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.

Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”

It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 280
of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.

Support:

The following letters of concurrence were received:

April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes

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