Agenda Packet — Hercules City Council, March 25, 2025 (part 1 of 3)

Tuesday, March 25, 2025
5:30 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Dion Bailey
Vice Mayor Chris Kelley
Council Member Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Dante Hall, City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
CLOSED SESSION - 5:30 P.M., REGULAR MEETING - 7:00 P.M
In-Person in Council Chambers or To Watch or Listen only:

Zoom ID: 870 9960 4656 Zoom Passcode: 521512
Zoom Phone Number: 1-669-900-6833
1 March 25, 2025City 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. SPECIAL CLOSED SESSION – CALL TO ORDER - ROLL CALL - 5:30 P.M.

IA. 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
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

1. 25-099
Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE EVALUATION - Title: City Manager

2. 22-1040 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government 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

3. 25-100

CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION
Pursuant to Government Code Section 54956.9(e)(1) in one matter 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
IX. AGENDA ADDITIONS/DELETIONS

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2 March 25, 2025City Council Meeting Agenda
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

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

XI. PUBLIC HEARINGS
XII. CONSENT CALENDAR

1. 25-094
Meeting Minutes for the Regular Meeting of March 11, 2025 Meeting Minutes for the Regular Meeting of March 11, 2025Attachments:

2. 25-101 Amendment to Hercules Municipal Code section 3-4.1601 to reflect adopted Kimley-Horn Speed Survey
RECOMMENDATION:

Waive second reading and adopt an Ordinance of the City Council of the City of Hercules Amending the Hercules Municipal Code Section 3-4.1601 “Changed Speed Limits” to Reflect the Results and Recommendations of the Kimley-Horn Speed Survey
Staff Report - Speed Ordinance (2nd Reading)
Attach 1 - Ordinance
Attachments:

3. 25-102 Approve a Memorandum of Understanding with Teamsters Local 315 Full Time Employees, a Memorandum of Understanding with Teamsters Local 315 Part Time Employees, and a 3% Cost of Living Adjustment to Part Time Unbenefited Employees
RECOMMENDATION:

Adopt a Resolution Approving a Memorandum of Understanding with Teamsters Local 315, Full Time Employees, a Memorandum of Understanding with Teamsters Local 315 Part Time Employees, and a 3% Cost of Living Adjustment (COLA) to Part Time Unbenefited employees.

Staff Report - Teamsters Successor MOUs
Attach 1 - Resolution Adopting Teamsters Successor MOUs and COLA for PT Unbenefited Employees_ elg revised Attach 2 - Teamsters Full Time 2024-25 MOU - DRAFT
Attach 3 - Teamsters Part Time 2024-25 MOU - DRAFT
Attach 4 - Master Salary Schedule (Last Revised 3/11/25) Attachments:

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3 March 25, 2025City Council Meeting Agenda

4. 25-095 2024 Annual Housing Element Progress Report
RECOMMENDATION:

Accept and direct staff to submit the 2024 Annual Housing Element Progress Report (Attachment 1) to the California Department of Housing and Community Development (HCD) via minute action.

Staff Report - 2024 Housing Element Annual Report
Attach 1 - LEAP Report
Attach 2 - Summary
Attach 3 - Table A-K
Table A2-1
Table A2-2
Table B
Table C
Table D
Table E
Table F
Table F2
Table G
Table H
Table J
Table K
Attachments:

5. 25-080 Authorization to Apply for the Community Wildfire Defense Grant - Reinvesting in the City of Hercules’ Hazardous Fuels
Reduction/Fire-adapted Ecosystems Restoration Project
RECOMMENDATION:

Adopt a resolution authorizing the City Manager to apply for the Community Wildfire Defense Grant (CDWG) from the US Department of Agriculture and execute any necessary documents related to the application process.

Staff Report-Community Wildfire Defense Grant Submittal Attach 1 - Resoltuion
Attach 2 - Community Wildfire Defense Grant Sumarry
Attachments:

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4 March 25, 2025City Council Meeting Agenda
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 25-092 Resolution Approving the Restated Solid Waste Franchise Agreement between the City of Hercules and Richmond Sanitary Service, Inc. dba Republic Services.

RECOMMENDATION:

Staff
recommends that the City Council adopt a Resolution of the City Council of the City of Hercules:
1) Authorizing the City Manager to Execute an Agreement with Richmond Sanitary Services, Inc. dba Republic Services for Solid Waste Collection Services and Direction to Staff to Set a Proposition 218 Hearing, and 2) Accepting the Final Franchise Fee Study, and
3) Authorizing City Manager to Execute a Side Letter Agreement Regarding Use of City Rate Stabilization Funds to Offset Maximum Service Rates Effective July 1, 2025, through December 31, 2026
Staff Report - Solid Waste Franchise Agreement
Attach 1 - Resolution
Attach 2 - Hercules Franchise Agreement Restatement
Attach 3 - Hercules Franchise Fee Study Report Final 02-28-25 Attach 4 - Side Letter Agreement- Effective July 1, 2025, through December 31, 2026 Attachments:

2. 25-098 Commission and Committee Appointment
RECOMMENDATION:

Consider making an appointment to the Hercules Finance
Commission to fill the remaining part of a two (2) year term.

Staff Report - Finance Commission Appointment
Attach 1 - Resolution 10-068 Commission Procedures
Attachments:

3. 25-096 General Plan Update and 2024 Annual Progress Report RECOMMENDATION:

1. Receive an update from staff on the status of the General Plan and the planned update process and ask any questions;

2. Take public comment;

3. Provide any comments; and

4. By minute action, direct staff to submit the 2024 General Plan Annual Progress Report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).

Staff Report - 2024 General Plan Update and Annual Report Attach 1 - General Plan APR 2024
Attachments:

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5 March 25, 2025City Council Meeting Agenda

4. 25-097 City-Chamber Co-sponsored Kids Expo
RECOMMENDATION:

Staff recommends that the City Council receive this report and provide direction to staff.

Staff Report - Kids ExpoAttachments:

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, March 25, 2025 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: March 20, 2025)

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.

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6 March 25, 2025City Council Meeting Agenda
How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.

Via Zoom: Members of the public may submit a 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) 799-8200.

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.

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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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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8 CO

NSENT CALENDAR

AGENDA ITEM

1. 25-094

2. 25-101

3. 25-102

4. 25-095

5. 25-080
9 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Chris Kelley
Council Member Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Dante Hall, City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
6:00 PMTuesday, March 11, 2025
CLOSED SESSION - 6:00 P.M., REGULAR MEETING - 7:00 P.M
In-Person in Council Chambers or To Watch or Listen only:

Zoom ID: 895 5306 2393 Zoom Passcode: 284989
Zoom Phone Number: 1-669-900-6833
I.

SPECIAL 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
Mayor Bailey Called the meeting to order at 6:05 P.M.

Council Member Dilli Bhattarai, Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley

Present: 5 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

City Attorney, Christie Crowl, read the titles of the items to be discussed in Closed Session. City Council and Staff recessed into Closed Session.

1. 25-082
CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 - City Negotiators: Dante Hall, City Manager; Edwin Gato, Director of Finance; relative to the following employee groups:
a.

Hercules Senior Manager Employee Group
b. Confidential Unrepresented Employee Group
c. Mid Management Employee Group

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25-0944
10 March 11, 2025City Council Meeting Minutes

2. 25-083 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8. Property address: 1000 Alfred Nobel Drive, Hercules, CA 94547. Agency negotiators: Dante Hall, City Manager; Christie Crowl, City Attorney; Edwin Gato, Finance Director. Negotiating parties: City of Hercules, Bio-Rad.

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

Council Member Dilli Bhattarai, Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley

Present: 5 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney, Christie Crowl, reported out that there was no final or reportable action taken in Closed Session.

VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Vice Mayor Kelley.

VII. MOMENT OF SILENCE
NONE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 25-084
Proclamation - Recognizing the American Red Cross
American Red Cross Month Proclamation 3.11.25 - FormattedAttachments:

Mayor Bailey made reference to the proclamation and thanked the American Red Cross for all they do.

IX. AGENDA ADDITIONS/DELETIONS
NONE

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11 March 11, 2025City Council Meeting Minutes
X. PUBLIC COMMUNICATIONS
Public Comment was provided by Alison Peters and Shanelle Scales-Preston.

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. 25-073
Mandatory Garbage/Solid Waste Disposal - Delinquent Accounts RECOMMENDATION:

Conduct a Public Hearing and upon conclusion, consider adopting a Resolution confirming the report of delinquent accounts and placing liens on said properties and special assessments upon property taxes pursuant to City of Hercules Municipal Code Section 5-2.01 to 5-2.16, Mandatory Garbage/Solid Waste Disposal.

Staff Report - Garbage Liens
Attach 1 - Resolution
Attach 2 - Garbage Lien List
Attachments:

City Clerk, Eibleis Melendez, introduced and presented the item. Bielle Moore, from Republic Services, attended via Zoom to answer any questions. Council asked questions. Mayor Bailey opened the Public Hearing. No public comment. Vice Mayor Bailey closed the Public Hearing. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Kelley, seconded by Council Member Bhattarai, to adopt Resolution 25-008 . The motion carried by the following vote:

Aye: Council Member Dilli Bhattarai, Mayor D. Bailey, Vice Mayor C. Kelley, and Council Member T. Grimsley
4 -
Abstain: Council Member A. Walker-Griffin1 -

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12 March 11, 2025City Council Meeting Minutes
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Walker-Griffin, seconded by Council Member Grimsley, to adopt the Consent Calendar. The motion carried by the following vote:

1. 25-074
Meeting Minutes for the Regular Meeting of February 25, 2025 Meeting Minutes for the Regular Meeting of February 25, 2025Attachments:

APPROVED

2. 25-075 Sewer Priority Policy
RECOMMENDATION:

Approve a resolution finding that the City of Pinole’s Sewer Service Priority Policy fulfills the City of Hercules 6th Cycle Housing Element Program H3-6 requirement to adopt a policy to prioritize the allocation of sewer services to affordable housing projects.

Staff Report - Sewer Priority Policy
Attach 1 - Resolution
Attach 2 - Pinole Sewer Priority Policy
Attachments:

Resolution 25-009, APPROVED

3. 25-076 Resolution Approving the Continuance of an Annual Parcel Assessment to be Adopted by the County Flood Control District for the Contra Costa Clean Water Program for FY 25-26
RECOMMENDATION:

City Council adopt a resolution approving the continuance of the parcel assessment rate of $35.00 per Equivalent Runoff Unit (ERU) for FY 2025-2026 and requesting the Contra Costa County Flood Control and Water Conservation District adopt this annual parcel assessment for drainage maintenance and the National Pollution Discharge Elimination System (NPDES) Program.

Staff Report - FY 25-26 Annual Stormwater Assessment
Attach 1 - Resolution - 2025-2026 Annual Stormwater Assessment Attach 2 - Request to MC for ERU Resolutions
Attachments:

Resolution 25-010, APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 25-077 Initiation of FY 2025/26 Landscape and Lighting Assessment Districts Proceedings
RECOMMENDATION:

It is recommended by City staff that City Council adopt a resolution

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13 March 11, 2025City Council Meeting Minutes
directing the filing of the Fiscal Year (FY) 2025-26 Engineer’s Reports for the City of Hercules Landscaping and Lighting Assessment District No. 83-2, Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1, Hercules Village Landscaping and Lighting Assessment District No. 2002-2, Baywood Landscaping and Lighting Assessment District No. 2004-1, and Bayside Landscaping and Lighting Assessment District No. 2005-1 pursuant to the Landscaping and Lighting Act of 1972.

Staff Report - Lighting and Landscaping Assessment Districts - Resolution of Initiation
Attach 1 - LLADs (Resolution of Initiation)
Attachments:

City Manager, Dante Hall, introduced the item. Ed Espinoza of Francisco and Associates presented. No public comment. Council asked questions and provided comment. Ed Espinoza and City Manager Hall provided a response. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Kelley, seconded by Council Member Walker-Griffin, to adopt Resolution 25-011. The motion carried by the following vote:

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

2. 25-066
Update on the Hercules Hub and Amendment No.3 with Gray Bowen Scott for a Not to Exceed Amount of $562,500 to Provide Project Management and Advance the Funding Plan for The Hub
RECOMMENDATION:

Adopt a resolution authorizing the City Manager to execute Amendment No.3 with Gray Bowen Scott (GBS) for a not to exceed amount of $562,500 to continue project management and advance the funding plan for The Hub for a total not to exceed contract amount of $1,465,001.

Staff Report - Hercules Hub Gray Bowen Scott(GBS) Amendment Attach 1 - Resolution
Attach 2 - Hercules Hub GBS Amendment #3 Proposal Letter & Scope
Presentation - Hercules Hub
Attachments:

City Manager, Dante Hall, introduced the item. A representative from Gray, Bowen and Scott(GBS) presented. No public comment. Council asked questions and provided comment. GBS provided a response. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Kelley, seconded by Council Member Grimsley, to adopt Resolution 25-012. The motion carried by the following vote:

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

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14 March 11, 2025City Council Meeting Minutes

3. 25-078 Amendment No. 1 to Professional Services Agreement with SNG & Associates, Inc. (Agreement No 24-067-CM) to provide Interim City Engineer Services
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute an Amendment No. 1 to the Professional Services Agreement with SNG & Associates, Inc. (Agreement No 24-067-CM) increasing the Compensation from a not-to-exceed amount of $49,980 to $100,000 for the continuation of Interim City Engineer Services.

Staff Report - Amendment 1 to SNG Professional Service Agreement Attach 1 - Resolution
Attach 2 - SNG Associates - Amendment 1 to Agreement
Attach 3 - 24-067-CM-SNG Professional Service Agreement Attachments:

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

MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Walker-Griffin, to adopt Resolution 25-013. The motion carried by the following vote:

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

4. 25-079
Hercules Parks and Recreation Department Update
Recommendation:

Receive an update on the City of Hercules Parks and Recreation Department.

Staff Report - Parks and Recreation Department Update
Presentation
Attachments:

Parks and Recreation Director, Christopher Roke, introduced and presented the item. No public comment. Council asked questions and provided comment. Parks and Recreation Director and Ambra Garfield, Parks and Recreation Manager, provided a response. This was an informational item. No action was taken on this item.

5. 25-085
Acceptance of Local Highway Safety Improvement Program (HSIP) Grant Award for the Sycamore Avenue Bicycle & Pedestrian East-West Connector Project
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager, or his designee, to accept and manage the awarded Highway Safety Improvement Program (HSIP) Cycle 12 grants totaling $350,000 for the Sycamore Avenue Bicycle & Pedestrian East-West

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15 March 11, 2025City Council Meeting Minutes
Connector Project.

Staff Report - Highway Safety Improvement Program(HSIP) Award Acceptance
Attach 1 - Resolution
Attach 2 - Project Award List for Highway Safety Improvement Program (HSIP) Cycle 12
Attach 3 - HSIP Cycle 12 Application
Attach 4 - Letter Allocation of TDA Funds in FY 2024-25 Attachments:

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

MOTION: A motion was made by Council Member Walker-Griffin, seconded by Vice Mayor Kelley, to adopt Resolution 25-014. The motion carried by the following vote:

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

6. 25-081
Amendment to Hercules Municipal Code section 3-4.1601 to reflect adopted Kimley-Horn Speed Survey
RECOMMENDATION:

Waive first reading and introduce by title only an Ordinance of the City Council of the City of Hercules Amending the Hercules Municipal Code Section 3-4.1601 “Changed Speed Limits” to Reflect the Results and Recommendations of the Kimley-Horn Speed Survey
Staff Report - Speed Ordinance
Attach 1 - Speed Limit Ordinance
Attach 2 - Kimley Horn Hercules Speed Survey Final Report_January 2025
Attachments:

City Attorney, Christie Crowl, introduced and presented the item. No public comment. Council provided comment. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Kelley, seconded by Council Member Walker-Griffin, to waive the first reading and accept the change in the Ordinance from Bayberry Street to Willow Ave. The motion carried by the following vote:

Aye: Council Member Dilli Bhattarai, Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley 5 -
XIV. PUBLIC COMMUNICATIONS
NONE
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

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16 March 11, 2025City Council Meeting Minutes
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
City Manager, Dante Hall, promoted the upcoming Spring into Wellness event organized by the Parks and Recreation Department. City Attorney had no announcements.

1. Regional Committee
Council Member Bhattarai attended the Contra Costa County Mayors Conference. Council Member Kelley reported out on the East Bay Wildfire Coalition meeting and West Contra Costa Transportation Advisory Committee(WCCTAC). Mayor Bailey reported out on the Marin Clean Energy(MCE) meeting

2. City Council Committees and Subcommittees
No reports were provided

3. Commission Liasons
No reports were provided
Community Events-
Council Members reported out on events they attended throughout the City and County. Some of the events included the City Dollars and Cents Workshop, the Read Across America Day at Lupine Hills Elementary and East Bay Leadership Council Meeting.

Mayor Bailey announced the Community Conversation on Public Safety meeting will be held in the Council Chambers on March 26th at 7pm.

Future Agenda Item-
Council Member Bhattarai requested a discussion about adding additional cities to the Sister City Program. The Council agreed unanimously to bring the discussion back at a future meeting.

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XVI. ADJOURNMENT
Mayor Bailey adjourned the meeting at 8:53 P.M.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

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18 CO

NSENT CALENDAR

AGENDA ITEM

2. 25-101
19 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 25, 2024
TO: Mayor and Members of the City Council
SUBMITTED BY: Nanda Gottiparthy, Acting City Engineer
Christie Crowl, City Attorney
SUBJECT: Amendment to Hercules Municipal Code section 3-4.1601 to reflect adopted Kimley-Horn Speed Survey
RECOMMENDED ACTION:

The California Vehicle Code (CVC) generally requires that cities prepare Engineering and Traffic Surveys (i.e. speed surveys) every 5 years for most types of roads in order to allow the continued use of radar for traffic enforcement of posted speed limits. Kimley-Horn and Associates, Inc. (Kimley-Horn) was commissioned in the Fall of 2024 to complete a new speed survey by 2025.

Speed limits are codified in Section 3 -4.1601 “Changed Speed Limits” of the Hercules Municipal Code. Kimley-Horn’s speed survey included 4 new street segments (identified as segment numbers 4, 13, 16 and 17 in the survey) that are not listed in the Municipal Code:

John Muir Parkway between Alfred Nobel Drive and Bayfront Boulevard, Sycamore Avenue between Palm Avenue and SR-4, Willow Avenue between Canterbury and Palm Avenue, and Willow Avenue between Palm Avenue and Sycamore Avenue. There were also two codified speed limits in Section 3-4.1601 that are inconsistent with both the survey and what is actually posted: San Pablo Avenue from City limit to City limit, and Turquoise Drive from Sycamore to Cinnabar.

The City Council approved the speed survey at its February 11, 2025 meeting and authorized the City Manager to accept its recommendations and prepare changes to Hercules Municipal Code section 3-4.1601 consistent with the survey, including corrections necessary to reflect existing posted speed limits confirmed by the survey. The City Council introduced the proposed Ordinance (attached as Attachment 1) amending Section 3-4.1601 at its March 11, 2025 meeting with one clerical note to fix the existing reference to “Bayberry 25-1011
20 Street” (which is now Willow Avenue). At this time, staff recommends waiving the second reading and adopting the Ordinance.

FISCAL IMPACT:

There is no financial impact involved with adoption of this Ordinance.

ATTACHMENTS:

Attachment 1 – Draft Ordinance

21 Ordinance No. ___

Page 1 of 6 ends

CITY OF HERCULES ORDINANCE NO. _____

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES , CALIFORNIA, AMENDING THE HERCULES MUNICIPAL CODE SECTION 3 -4.1601 “CHANGED SPEED LIMITS” TO REFLECT THE RESULTS AND RECOMMENDATIONS OF THE

KIMLEY-HORN SPEED SURVEY

WHEREAS, the California Vehicle Code (CVC) generally requires Engineering and Traffic Surveys (i.e. speed surveys) to be prepared every 5 years to allow for the continued use of radar for traffic enforcement of posted speed limits; and

WHEREAS, Kimley-Horn and Associates, Inc. (Kimley-Horn) was commissioned in the Fall of 2024 to complete a new speed survey in 2025; and

WHEREAS, Kimley-Horn performed radar speed surveys along a total of 17 street segments in the City to determine if changes to the current posted speed limits are necessary and justified; and

WHEREAS, based on their speed survey results, Kimley-Horn recommended that the speed limits for the 17 street segments remain unchanged from the existing posted speed limits; and

WHEREAS, speed limits are codified in Section 3 -4.1601 “Changed Speed Limits” of the municipal code (attached) and require a new ordinance to change. Kimley- Horn’s speed survey included 4 new street segments (Nos. 4, 13, 16 & 17) that are not included in the municipal code, as well as 4 existing street segments (Nos. 8, 9 11, 12 & 13) whose speed limits are shown inaccurately in the Code. For that reason, City staff is recommending the municipal code changes; and

WHEREAS, the City Council considered the recommen dations contained in Kimley-Horn’s speed survey at its February 11, 2025 meeting and thereafter adopted Resolution No. 25-006 authorizing the City Manager to accept the recommendations contained in the Kimley -Horn speed survey and directing City staff to prepare an ordinance to amend the Hercules Municipal Code Section 3 -4.1601 “Changed Speed Limits”; and

WHEREAS, on March 11 , 2025, the City Council consider ed the proposed Ordinance, received the staff report and staff presentation, received comments from the public and interested parties and discussed the matter , and waived first reading and introduced the Ordinance by title only; and

WHEREAS, on March 25, 2025, the City Council waived second reading and adopted the Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
22 Ordinance No. ___

Page 2 of 6 ends

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

SECTION 2. CEQA. The City Council finds and determines that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – the “Common Sense Exemption.” The Common Sense Exemption applies only to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore the activity is not subject to CEQA. The Ordinance would modify the Hercules Municipal Code Section 3 -4.1601 “Changed Speed Limits ” to amend specified speed limits, which is an activity that is purely administrative and would not authorize construction or any other actions that could impact the environment. Thus, the Ordinance is not a project under CEQA pursuant to CEQA Guidelines Section 17378.

SECTION 3. Amendment. Deletions to the Hercules Municipal Code are shown in strikethrough. Additions are shown in double underline. The City Council of the City of Hercules does hereby amend Hercules Municipal Code Section 3 -4.1601 “Changed Speed Limits” is to read as follows:

Sec. 3-4.1601 Changed Speed Limits.

When the Director of Public Works has determined upon the basis of an engineering and traffic investigation that speed limits other than those prescribed by State law are necessary for the safe operation of vehicles, the City Council may by ordinance designate those streets or portions of streets where such changed speed limits shall apply. The Director of Public Works shall place and maintain appropriate signs giving notice of such speed limits.

Pursuant to the provisions of this section, changed speed limits are in effect on the following streets:

STREET LOCATION SPEED LIMITS

ALFRED NOBEL DRIVE
John Muir Parkway to End 35

BAYBERRY STREET WILLOW AVENUE
Sycamore to End 40

BONAIRE AVENUE
Mandalay to End 25

CANTERBURY DRIVE
Brighton to Willow 25
23 Ordinance No. ___

Page 3 of 6 ends

STREET LOCATION SPEED LIMITS

CARSON STREET
Coronado to Refugio Valley 25

CORONADO STREET
Refugio Valley to Carson 30
Carson to End 25

FALCON WAY
Refugio Valley to Sparrow 25

HERCULES AVENUE
Village Parkway to Titan 25
Titan to Fawcett 25
HIGHWAY 4
San Pablo to City Limits 50

JAMES WATSON DRIVE
Linus Pauling to End 35

JOHN MUIR PARKWAY
San Pablo to Alfred Nobel Drive 35
Alfred Nobel Dr. to Bayfront Blvd. 25

LINUS PAULING DRIVE
San Pablo Avenue to End 35

LUPINE ROAD
Sycamore to Redwood 25

MANDALAY AVENUE
Refugio Valley to Grenadine 25

PALM/SYCAMORE AVENUE
City Limits to End 40
Palm Ave. to SR-4 Ramps 40

PARTRIDGE DRIVE
Pheasant to Refugio Valley 25
24 Ordinance No. ___

Page 4 of 6 ends

STREET LOCATION SPEED LIMITS

PHEASANT DRIVE
Refugio Valley to Turquoise 25

REDWOOD ROAD
Sycamore to Refugio Valley 25

REFUGIO VALLEY ROAD
Sycamore to Partridge 35
Partridge to Redwood 40
Redwood to Bonaire 35

SAN PABLO AVENUE
City Limit to City Limit 4540

SANTA FE AVENUE
Hercules to Fawcett 25
Fawcett to Railroad 25

SHEPARD STREET
Coronado to End 25

SPARROW DRIVE
Partridge to Pheasant 25

SYCAMORE AVENUE
San Pablo to Civic Drive 35
Civic Drive to Palm/Sycamore 35

TURQUOISE DRIVE
Sycamore to Cinnabar 3025
Cinnabar to Pheasant 25

VILLAGE PARKWAY
Hercules to Hercules 25

VIOLET ROAD

25 Ordinance No. ___

Page 5 of 6 ends

Lupine to Lupine 25

WILLOW AVENUE
City Limit to Highway 4 40
Canterbury to Palm Ave. 35
Palm Ave. to Sycamore 35

SECTION 4. Codification. Section 3 of this Ordinance shall be codified in the Hercules Municipal Code. Sections 1, 2, and 4-6 shall not be so codified.

SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it wo uld 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 6. 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 11th day of March, 2025, and was passed and adopted at a regular meeting of the Hercules City Council on the 25th day of March, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dion Bailey, Mayor

26 Ordinance No. ___

Page 6 of 6 ends

Eibleis Melendez
City Clerk
27 CON

SENT CALENDAR

AGENDA ITEM

3. 25-102
28 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 25, 2025
TO: Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
Edwin Gato, Director of Finance
Kristi Carter, Human Resources Manager
SUBJECT: Approve a Memorandum of Understanding with Teamsters Local 315 Full Time Employees, a Memorandum of Understanding with Teamsters Local 315 Part Time Employees, and a 3% Cost of Living Adjustment to Part Time Unbenefited Employees
RECOMMENDED ACTION:

DISCUSSION:

The e xisting Memorandums of Understanding (MOU s) with the Teamsters Local 315 employees have terms that ended on June 30, 2024. The City has been engaged in the meet and confer process as required by law with the represented employees. The City Council has provided the City’s chief labor negotiator with direction in closed session meetings over the past nine months. The City has come to an agreement with the Teamsters Local 315 union, and has proposed a one-year Memorandum of Understanding with Full Time employees a o ne-year Memorandum of Understanding with Part Time employees. A summary of the changes proposed by the Teamsters Local 315 employee groups is set forth below:

Employee Group Summary of Terms
Teamsters Local 315, Full Time
Employees
MOU Term: July 1, 2024 - June 30, 2025
(One-Year)
FY 2024-25
3% Cost of Living Adjustment (COLA)
effective March 30, 2025.

One-time 5% of the employee's gross
annual salary earned in FY 2023-2024
non-recurring, non-pensionable retention
25-102
29 payment.

Adjust paid bereavement leave from 24 to
40 hours pursuant to AB 1949 and
employees may use accrued unused
vacation and sick leave to extend their
bereavement leave up to a total of 59
hours.

Adjust safety shoe reimbursement from up
to $200 to $275 for one (1) pair of shoes
per fiscal year for Building and Code
Enforcement Inspectors and Public Works
employee classifications.

Uniforms (shirts and pants) will be
provided to Public Works employee
classifications which require a uniform. In
addition, these classifications will now
receive an annual $500 uniform
maintenance allowance. The maintenance
allowance payments will be made in July
and January.

Upon proof of higher education completion
from an accredited education institution,
Education Incentive Pay shall be paid in
addition to regular pay as follows:

Associate's Degree: $75.00 per month
Bachelor's Degree: $125.00 per month
Master's Degree: $175.00 per month

When an employee is certified as bilingual,
they will receive an additional premium of
1% base wages per month.

Employees will receive Longevity Pay as
follows after the completion of:
10 years of service: $150.00 per month
15 years of service: $200.00 per month
20 years of service: $250.00 per month
25 years of service: $300.00 per month

Teamsters Local 315, Part Time
Employees

MOU Term: July 1, 2024 - June 30, 2025
(One-Year)
FY 2024-25

3% Cost of Living Adjustment (COLA)
effective March 30, 2025.

One-time 5% of the employee's gross
30 annual salary earned in FY 2023-2024
non-recurring, non-pensionable retention
payment.

Adjust paid bereavement leave from 24 to
40 hours (prorated based upon regular
work schedule) pursuant to AB 1949 and
employees may use accrued unused
vacation and sick leave to extend their
bereavement leave up to a total of 59
hours.

Adjust safety shoe reimbursement from up
to $200 to $275 for one (1) pair of shoes
per fiscal year for Building and Code
Enforcement Inspectors and Public Works
employee classifications.

A three percent (3%) Cost of Living Adjustment (COLA) will also be applied to part -time, unbenefited employees effective March 30, 2025. While this adjustment did not require meet and confer, it is being implemented to maintain consistency with the COLA provided to Teamsters-represented positions.

FISCAL IMPACT:

The approval of new labor-related items will incur both ongoing and one-time costs. The proposed MOUs are intended for a duration of one year. The ongoing and one-time costs associated with the employees impacted by these approvals are illustrated below.

FY 2024-25

Group Annualized On-Going Costs One-Time Costs
Teamsters Local 315
Full Time Employees
$168,000 $105,000
Teamsters Local 315
Part Time Employees
$5,000 $20,000
Part Time, Unbenefited
Employees
$5,000 $0

The adopted FY 2024-25 Budget allocates funds for both ongoing and one -time expenditures. This budget includes a 3% ongoing salary increase for both full-time and part- 31 time employees represented by Teamsters Local 315, as well as a 3% ongoing increase for part-time employee who are not eligible for benefits.

The staff recommends that the City Council approve an appropriation for a one -time retention payment of 5% for the employee groups represented by Teamsters Local 315.

There are sufficient funds available in the General Fund reserve to support this allocation.

ATTACHMENTS:

1. Resolution

2. Memorandum of Understanding between the City of Hercules and Teamsters Local 315, Full Time Employees

3. Memorandum of Understanding between the City of Hercules and Teamsters Local 315, Part Time Employees

4. Master Salary Schedule (Last Revised March 11, 2025)

32 HERCULES CITY COUNCIL
RESOLUTION 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING A MEMORANDUM OF UNDERSTANDING WITH TEAMSTERS LOCAL 315 FULL TIME

EMPLOYEES, A MEMORANDUM OF UNDERSTANDING WITH TEAMSTERS LOCAL 315 PART TIME EMPLOYEES, AND A 3% COST OF LIVING ADJUSTMENT FOR

PART TIME UNBENEFITED EMPLOYEES

WHEREAS, the existing Memorandums of Understanding (MOUs) between the City of Hercules and the Teamsters Local 315 Full Time and Part Time Employee groups expired on June 30, 2024; and

WHEREAS, the City has completed the meet and confer process with the Teamsters Local 315, as required by law; and

WHEREAS, the City and Teamsters Local 315 have agreed to new one-year MOUs for Full Time and Part Time Employees covering the term July 1, 2024 , through June 30, 2025; and

WHEREAS, the negotiated MOUs include a 3% Cost of Living Adjustment effective March 30, 2025, a one -time 5% retention payment based on FY 2023-24 gross salary, expanded bereavement leave, safety shoe reimbursement, uniform provisions, educational incentive pay, bilingual premium pay, and longevity pay; and

WHEREAS, the MOU with Part Time Employees includes a 3% Cost of Living Adjustment effective March 30, 2025, a one -time 5% retention payment based on FY 2023-24 gross salary, expanded bereavement leave, safety shoe reimbursement, and longevity pay, prorated where applicable; and

WHEREAS, a 3% Cost of Living Adjustment will also be applied to Part Time Unbenefited Employees effective March 30, 2025, to maintain consistency across employee groups; and

WHEREAS, the ongoing costs of approximately $ 178,000 (3% COLA), and the one-time costs of approximately $1 25,000 (5% One -Time Retention Pay) are to be included in the FY 2024-25 Adopted Budget; and

WHEREAS, the FY 2024 -25 Budget includes funding for these agreements, and available ongoing and one-time funds are sufficient to meet these obligations; and

WHEREAS, the revised salary schedules for the Teamsters Local 315 Full Time Employees, the Teamsters Local 315 Part-Time Employees, and the Part -Time Unbenefited Employees, reflected in the Master Salary Schedule last revised on March 11, 2025, is attached hereto as Exhibit 3.
33 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hercules as follows :

1. The Council hereby approves and authorizes the City Manager to sign and implement the Memorandum of Understanding between the City of Hercules a nd Teamsters Local 315 Full-Time Employees for the term July 1, 2024, through June 30, 2025, as set forth in Exhibit 1.

2. The Council hereby approves and authorizes the City Manager to sign and implement the Memorandum of Understanding between the City of Hercules and Teamsters Local 315 Part-Time Employees for the term July 1, 2024, through June 30, 2025, as set forth in Exhibit 2.

3. The Council hereby approves the appropriation of $125,000 from the General Fund reserve for one-time costs related to 5% retention pay.

4. The Council hereby approves a 3% Cost of Living Adjustment effective March 30, 2025, for Part-Time Unbenefited Employees.

5. The City Council hereby adopts the revised salary schedules for the Teamsters Local 315 Full Time Employees, the Teamsters Local 315 Part-Time Employees, and the Part-Time Unbenefited Employees, as reflected in the Master Salary Schedule last revised on March 11, 2025, attached hereto as Exhibit 3.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 25th day of March 2025, by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________
Dion Bailey, Mayor
ATTEST:

Eibleis Melendez, City Clerk

34 Memorandum of Understanding

City of Hercules
and

Teamsters Local 315
Full Time Employees
July 1, 2024 — June 30, 2025

Approved by Resolution 25-XX

35 2

TABLE OF CONTENTS

Preamble ........................................................................................................................................6

Article 1. Recognition ...................................................................................................................6

1.1 Union Recognition ..................................................................................................6

1.2 City Recognition .....................................................................................................6 Article 2. No Discrimination ........................................................................................................6

Article 3. Union Security ..............................................................................................................6

3.1 Agency Shop ...........................................................................................................6

3.2 Authorizations for Payroll Deductions ...................................................................7

3.3 Deduction Schedule .................................................................................................7

3.4 Indemnity .................................................................................................................7

3.5 Newly Hired Unit Members.....................................................................................7

3.6 Access to Employee Orientations ............................................................................8

Article 4. Union Representatives .................................................................................................8

4.1 Attendance at Meeting by Employees ....................................................................8

4.2 Shop Stewards ..........................................................................................................9

4.3 Access to Work Locations……………………………………………………...…9

4.4 Bulletin Boards……………………………………………………………………9

4.5 Email Notices……………………………………………………….……………10

4.6 Prior Notice Requirement………………………………………………………..10

4.7 Meet and Confer in Good Faith………………………………………………….10

Article 5.

Recruitment…………………………………………………………………..…………10

5.1 Recruitment Postings…………………………………………………………….10
36 3

Article 6. Salary Plan and Wages………………………………………………..………10

6.1 Manner of Payment………………..……………………………………………10

6.2 Work in a Higher Classification.………………………………………….…….11

6.3 Wages……………………………………………………………………………11

6.4 Longevity Pay……………………………………………..……………..………12

6.5 Education Pay………………………………………………….…………...……12

6.6 Incentive Pay………………………………………………………………..……12

6.7 Maintenance Worker I Progression to Maintenance Worker II………………….12

6.8 Bilingual Pay………………………………………………………………..……12

Article 7. Hours of Work/Work Week………………………………………………....…12

7.1 Lunch and Break Periods……………………………………………………...…13

Article 8. Overtime, Call Back Pay and Premium Pay…………………………..……...13

8.1 General Overtime……………………………………………………………...…13

8.2 Emergency Premium Pay…………………………………………………...……14

8.3 No Pyramiding……………………………………………...……………………14

8.4 Standby…………………………………………………………………………..14

8.5 Call Back Pay…………………………………………………………………….14

8.6 Compensatory Time…………………………………...…………………………14

Article 9. Uniforms…..…………………………………………………………………….15

9.1 Safety Equipment……………………………………...…………………………15

Article 10. Education/Tuition Reimbursement……………………………………………15

Article 11. Holidays…………………………………………………………………………15

37 4

11.1 Proclaimed Holidays……………………………………………………………..15

11.2 Additional Christmas Holidays…………………………...………...……………16

11.3 Pay for Working on a Designated Holiday………………………………………16

Article 12. Leaves of Absence………………………………...…………………………….16

12.1 Authorized Leaves of Absences without Pay……………………………………16

12.2 Bereavement Leave………………………………………………………………18

12.3 Jury Duty…………………………………………………………………………18

12.4 Military Leave……………………………………………………………………18

12.5 Pregnancy Disability Leave……………………………………………………...18

12.6 Maternity and Paternity Leave…………………………………………………...18

12.7 School Leave……………………………………………………………………..19

12.8 Family and Medical Leave Act of 1993…………………………………………19

12.9 Voting Leave…………………………………………………………………….19

Article 13. Sick Leave……………………………………………………………………….19

13.1 Accumulation of Sick Leave……………………………………………………..19

13.2 Exhaustion of Sick Leave……………………………………………………..…20

13.3 Notification………………………………………………………………………20

13.4 No Cash Out…………………………………………………………..…………20

Article 14. Vacation Leave………………………………………………………………….20

14.1 Accrual Rate……………………………………………………………………..20

14.2 Accumulation of Vacation Leave………………………………………………..20

14.3 New Hire Probationary Employees……………………………………...………20

14.4 Vacation Sell Back………………………………………………………………21

38 5

Article 15. Grievance Procedures and Discipline…………………………………………21

15.1 Discipline and Discharge……………………………………...…………………21

15.2 Definition of a Grievance………………………………………………………..22

15.3 Advisory Arbitration…………………………………………………………….23

Article 16. Benefits………………………………………………………………………….24

16.1 Retirement……………………………………………………………………….24

16.2 Deferred Compensation…………………………………………………………24

Article 17. Health and Welfare………………………………………………….………….24

17.1 Medical, Dental and Vision……………………………………………...………24

17.2 Medical Redirect…………………………………………………………………25

Article 18. Life Insurance and Accidental Death and Dismemberment……………...….25

Article 19. Parks and Recreation Credits and Child Care Enrollment…………….……25

Article 20. Computer Loan…………………………………………………………………25

Article 21. Workers’ Compensation Program…………………………….………………26

Article 22. Seniority…………………………………………………………………………26

Article 23. Reduction in Force……………………………………………………………...26

Article 24. Layoff and Recall……………………………………………………………….26

Article 25. Americans with Disabilities Act (ADA)……………………………………….27

Article 26. Separability of Provisions………………………………………...……………27

Article 27. No Strike or Lockout……………………………………………………….…..27

Article 28. Management Rights………………………………………………………….....28

Article 29. Miscellaneous Provisions……………………………………………………….28

Article 30. Term…………………………………………………………………………..…29

39 6

Attachment A: Positions .....................................................................................................30

Signature Page .............................................................................................................................31

40 7

PREAMBLE
General Teamsters Local No. 315, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America and representatives of the City of Hercules have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of emp loyees in the miscellaneous full-time employee barga ining unit, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers-Milias Brown Act (Government Code Sections 3500, et. seq.) and has been jointly prepared by the parties.

Article 1. Recognition

1.1 Union Recognition
The General Teamsters Local No. 315 affiliated with the International Broth erhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, hereinafter referred to as the "Union", is recognized as the employee organization as provided in the City's Employer-Employee Relations Resolution for all full-time employees assigned to the classifications listed in Attachment A.

1.2 City Recognition
The City Manager, or where the authority has been delegated by the City Manager, the City Manager's representative is the representative of the City of Hercules, hereinafter referred to as the "City."
Article 2. No Discrimination
The City agrees not to discriminate against any employee because of membership in the Union or because of any lawful activities on behalf of the Union. Union activities shall not interfere with the normal operation of the City. Neither the City nor the Union shall discriminate for or against any employee or applicant for employment on account of race, color, creed, national origin, age, sex, sexual orientation, physical disability, or mental disability whic h does not prevent an employee from meeting the minimum standards established.

Article 3. Union Security

3.1 Agency Shop
The City shall rely on the certification from the Union to deduct dues and fees from the unit employee paychecks per employee authorizations employees provide the Union to the extent required by law, including but not limited to Government Code Sections 1157.3 and 1157.12. The Union shall not be obligated to provide the City with a copy of an employee’s deduction authorization unless a dispute arises about the existence or terms of the authorization.
41 8

3.2 Authorization for Payroll Deduction
Upon being furnished with an appropriate form executed by an employee, the City shall deduct from that employee’s pay, in the amount stated, contributions to DRIVE (Democratic Republican Independent Voter Education). The Union shall notify the City of the designated amount of dues and fees to be deducted for each unit member, and the City shall deduct the amounts so designated after receiving written certification from the Union that the unit member has provided written authorization to do so. Any request to begin or cancel dues or fee deductions must be made to the Union, and not the City.

At the beginning of each month, the Union shall provide the City with a comprehensive updated list of all unit members and the amounts that shall be deducted for their dues and fees.

Authorization, cancellation, or modification of payroll deduction for dues and fees shall be made upon written request and confirmation in writing by the Union. The City shall direct unit members to the Union if they so request to change or cancel dues or fee deductions. The voluntary payroll deduction authorization for dues and fees shall remain in effect until employment with the City is terminated, unless otherwise directed by the Union.

3.3 Deduction Schedule
Deductions shall be made twice per month from the employee’s pay. Payments to the Union shall be made by the 15 th day of each month following the month for which the deductions have been made together with a list of the employees for whom deductions have been made. Payments to the Union shall be made to: Union Local 315, 2727 Alhambra Avenue, P.O. Box 3010, Martinez, CA 94553.

3.4 Indemnity
The Union shall indemnify, defend, and hold the City, its officers, employees and agents harmless from any costs or liability resulting out of any and all claims, demands, suits or any other action arising from the operation of this Section or from the use of the monies remitted to the Union, including, but not limited to the costs of defending against any such actions or claims.

3.5 Newly Hired Unit Members
To the extent required by Government Code Section 3558, the City shall provide the Union with a list of names and contact information (listed below) for any newly hired unit member within 30 days of the date of hire. The information shall include the following information except for any information subject to exclusion pursuant to Government code Section 6254.3(c):
 Employee name
 Job title
 Department
 Work location
42 9

 Home address
 Work, home and personal cellular telephone numbers and personal email addresses on file with the City.

This same information shall be provided every 120 days for all unit employees.

The City agrees that personal contact information of unit employees (e.g., home address, personal phone number, personal email address) is private information not to be disclosed to any private (non -governmental) person or entity, other than the Union, except upon written authorization of the employee. The city further agrees to give the Union prompt notice of requests from any such person or entity for such information, along with a copy of the City’s response to such requests.

Within (10) ten calendar days, the City will provide to the Union the name, title and separation date of any employee who separates from employment. The Union will provide (10) ten calendar days notice to the City in advance of the date when an employee will no longer be in fee payer status.

3.6 Access to Employee Orientations
The City will notify the Union in writing not less than ten (10) days in advance of the onboarding orientation meeting (if any) held between the Human Resources Department representatives and new bargaining unit employees . If a bargaining unit member’s first day of work begins less than ten (10) days before the date of the employee orientation, the 10-day notice requirement may be reduced and the City will instead provide as much advance notice as reasonably possible of t he orientation meeting.

The City will allow a designated unit Union member representative or an outside labor representative to spend fifteen (15) minutes with the new unit member at the end of the onboarding orientation meeting in order to provide informa tion about the MOU and related matters.

To the extent prohibited by law, the City agrees that it will not disclose the date, time, or place of any such new employee orientation to anyone other than the employees who are to attend the orientation, the Union, or a vendor that is contracted to provide a service for purpose of the orientation.

The Union will be responsible for providing a copy of the current MOU and any Union information to the new employee.

Article 4. Union Representatives

4.1 Attendance at Meetings by Employees
An employee who is the subject of investigatory interview which the employee reasonably believes may result in discipline, may request and shall be granted the right to have a shop steward or, or if no shop steward is available, a co-worker present during the interview.
43 10

4.2 Shop Stewards
The Union may appoint a maximum of' six (6) shop stewards. The Union will notify the City of Hercules in writing with the names and any changes to shop stewards.

Grievances which may arise and which cannot be adjusted on the job shall be reported to the Union by the steward; provided, however, in no event shall the steward or the Union order any changes, and no changes shall be made except with the consent of the City.

If an aggrieved employee desires the assistance of a steward as provided in the grievance procedure, the City shall afford said steward reasonable time off during work hours without loss of compensation or other benefits to investigate and take up said grievance.

The steward shall obtain the approval of their Department Director or designee, before leaving his/her duties or work assignment for the purpose of investigating and/or processing a grievance. Reasonable efforts shall be made to grant such requests; however, they are subject to the operational needs of the City.

4.3 Access to Work Locations
Reasonable access to employee work locations shall be granted to officially designated Union representatives, for the purpose of contacting members of the bargaining union concerning business within the scope of representation.

Any Union representative seeking access to work locations, as a courtesy, will notify the City Manager or his/her designee when reasonable the day before meeting with the time, date, and approximate length of the meeting. Access shall be restricted so as not to interfere with the normal operations of the department or with established or security requirements. Any meetings or discussions with employees shall generally be limited to the employee's time before work, after work, break time or lunch hour unless it is necessary in the resolution of a grievance and approved by the City Manager or his/her designee.

The Union shall designate, in writing to the City Manager, the names of the representatives listed above.

4.4 Bulletin Boards
The Union may provide the City with two bulletin boards with the dimensions of approximately 2'x 3' to be placed by the City in a mutually agreeable location. The Union may use these bulletin boards to post:
a. Official Notices of Union Meetings;
b. Official Notices of Union elections and results;
c. Official Notices of Union appointments;
d. Official Notices of grievances, resolutions and Union newsletters and bulletins; and
e. Other Official Union Notices.
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At mutually agreeable satellite locations, the Union may provide a clipboard with the above information clipped to it. These clipboards shall be located in break rooms or near logbooks.

4.5 E-Mail Notices
With prior approval of the City Manager or his/her designee, that will not be unreasonably denied, the Union is permitted to send to its members E-Mail notices of Official Union Business as noted in Section 4.4.

4.6 Prior Notice Requirement
The City agrees to notify the Union ten (10) working days in advance of any Policy, Rule, or other change that will have an impact on the bargaining unit. The Union will then respond within ten (10) working days of receipt of Policy, Rule or other change.

The first day will be considered as the day notice is received either through an e-mail, fax or letter.

4.7 Meet and Confer in Good Faith
"Meet and confer" or "meeting and conferring" means that duly authorized City representatives and duly authorized re presentatives of the Union shall have a mutual obligation to meet and confer in good faith regarding specified matters within the scope of representation, in an endeavor to reach tentative agreement. Once a tentative agreement has been reached on any matte r requiring ratification or City Council adoption the parties shall recommend ratification by the membership and adoption by the City Council. Nothing herein shall require either party to agree to any proposal or to make concessions.

Article 5. Recruitment

5.1 Recruitment Postings
The City agrees to post all bargaining unit positions internally for ten (10) workdays on the City website, e -mail and appropriate bulletin boards prior to the closing application date. The City encourages all qualified internal candidates to apply for promotional opportunities. The City may, at its discretion, prior to commencing a formal recruitment process for job vacancies, solicit employee interest for the position.

At the discretion of the City, it may perform internal recruitments.

Article 6. Salary Plan and Wages

6.1 Manner of Payment
Employees shall be paid every other Friday via direct deposit. Routine paychecks shall be for the purpose of compensating for regular time, overtime, sick leave and vacation hours. Reimbursable expenses shall be paid on a separate check. 45 12

Overtime, vacation, and sick leave, shall be processed and paid or reported on the subsequent paycheck.

6.2 Work in a Higher Classification
Eligible employees who are authorized in writing by the department head to work in a higher classification and salary range than their own and who are required to temporarily perform substantial duties and assume the responsibilities of the position will receive out of class pay. To be eligible for out of class pay e mployees assigned to work in a higher classification must meet the minimum qualifications of the assigned position. Employees will be eligible for work in a higher classification on the first workday in a higher classification.

Compensation for work in a higher class shall be at either five percent (5%) above said employee’s existing salary rate or the hourly rate equal to the minimum rate as provided in the salary range for the designated position, whichever is higher. Any out of class work for which premium compensation is provided requires advance written approval by the City Manager or designee.

Employees who are working in a higher classification that is outside the scope of this Agreement shall be covered by the general terms and conditions of employment of the higher classification. All wages, including sick, vacation, comp time and holiday shall be paid at the out of class pay rate.

Two Public Works Maintenance Workers will be designated as “Lead Workers” and will receive 5% additional duties pay.

Additional Duties pay of 5% w ill be compensated to an employee when an employee assumes limited duties of a higher classification as approved by the City Manager.

6.3 Wages

FY 2024-25
Effective the first full pay period following ratification by both parties, or on March 30, 2025, whichever occurs later, employees shall receive a 3.0% Cost of Living Adjustment (COLA), with a one-time non-PERSable payment of 5.0% of their total gross salary for the 2023/24 fiscal year.

6.4 Longevity Pay

In recognition of employees’ continued service to the City, effective the first full pay period following ratification by both parties, or on March 30, 2025, whichever occurs later, employees shall be entitled to receive longevity pay after the completion of:
10 years of service: $150.00 per month
15 years of service: $200.00 per month
20 years of service: $250.00 per month
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25 years of service: $300.00 per month
Longevity pay shall be paid in 24 bi-weekly installments and shall be in addition to any other pay received under this Agreement.

6.5 Education Pay
Effective the first full pay period following ratification by both parties, or on March 30, 2025, whichever occurs later, and upon the approval of the City Manager, education incentive pay shall be paid in addition to regular pay when ed ucation is in addition to the minimum requirements of the job specifications in a related field. Proof of higher education must be from an accredited education institution and presented to the Human Resources Department for verification of degrees:

Associates Degree: $75.00 per month
Bachelors Degree: $125.00 per month
Masters Degree $175.00 per month

Education pay shall be paid in 26 bi-weekly installments and shall be in addition to any other pay received under this Agreement.

6.6 Incentive Pay

At the discretion of the Department Director and approval by the City Manager employees may be awarded at any time during the fiscal year incentive pay not to exceed 5% for extraordinary job performance.

6.7 Maintenance Worker I Progression to Maintenance Worker II When an employee in the Maintenance Worker I classification reaches the top step the employee will be promoted to a Maintenance Worker II classification upon receiving an employee performance evaluation rating of satisfactory or above and receives a recommendation from the employee’s supervisor to advance to Maintenance Worker II based on their experience, skill level and a satisfactory or above review rating.

6.8 Bilingual Pay.

Effective the first full pay period following ratification by both parties, or on March 30, 2025, whichever occurs later, an employee certified as bilingual shall receive an additional premium of 1% of base wage per month if they are certified as bilingual as follows:

A. The employee and department head certify that the employee may be called upon when necessary to translate communications as required by the department head; and

B. The employee has the demonstrated ability to translate Spanish, Chinese or Tagalog into English and vice versa, both in writing and verbally, established by passing a proficiency test administered by the City’s Human Resources representative or its designee.
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Article 7. Hours of Work/Workweek

Standard Workweek: The standard workweek for full-time Teamsters employees shall be thirty-eight (38) hours per week, worked in units of nine and one-half (9.5) hours per day in four (4) consecutive days in a seven (7) day workweek which runs Sunday at midnight through the following Saturda y at 11:59 p.m. Overtime for full time Teamsters employees will begin after 38 hours.

When practical or feasible an employee will be given no less than thirty (30) days written notice in advance of a change in their assigned regular workweek or shift schedule. The assignment of work weeks and shifts will be based on seniority provided the employee in the department has the minimum qualifications to perform the work.

7.1 Lunch and Break Periods
The time allowed for an unpaid lunch break shall be a minimum of thirty minutes and no more than one hour throughout the course of the workday.

Full-time employees who are scheduled to work eight or more hours in a day shall be permitted one fifteen-minute paid rest period at approximately the middle of the morning, and another fifteen -minute paid rest period at approximately the middle of the afternoon. Rest periods shall not be taken at the end of a workday to permit an employee to leave early, nor may rest periods be used at the beginning of a workday to allow an employee to report for work after their regular assigned starting time.

This MOU supersedes all applicable State law and regulations governing meal periods and rest periods.

Article 8. Overtime, Call Back Pay and Premium Pay

8.1 General Overtime
The City's policy is to avoid overtime work whenever possible. Overtime work may be performed, however, if it is approved in advance by the City Manager or Department Director. Such approval shall be provided to the employee within a reasonable time.

Overtime shall be paid at the rate of one and one half (1.5) times the regular hourly rate for all hours worked over 38 hours in the regular work week for all non -exempt classifications. An employee has the right to convert the overtime pay to compensatory time earned at the same rate as overtime or as straight time when the 38 hours per week requirement is met. Overtime shall be paid at the rate of two (2) times the regular hourly rate of pay for all hours worked over twelve (12) hours in a work day.

In any pay period during which an employee is using approved leave time and “overtime” hours are worked, the employee can elect to reduce leave utilized during that pay period rather than being paid at straight time for anything up to 3 8 hours.In any work week durin g which an employee is using pre -scheduled and approved 48 15

vacation or comp time, these hours are defined as “hours worked”.

8.2 Emergency Premium Pay
In an emergency preparedness situation, as designated by the City Manager or designee, all employees required to work in excess of their regular assigned shift shall receive premium pay at the rate of two (2) times the employee's regular base rate of pay for all hours worked in excess of assigned shift.

8.3 No Pyramiding
There shall be no pyramiding of overtime. For example, if an employee's work hours qualify for overtime, the same work hours cannot qualify for any other premium pay.

8.4 Standby
The City may, at its sole option, assign employees to standby based upon the needs of the City. Employe es on standby must be available to respond to a call within 60 minutes. Employees assigned to standby shall be compensated as follows:

Weekday $25.00 per day, plus 2 hours base pay
Weekend $35.00 per day, plus 3 hours base pay
Holiday $45.00 per day, plus 3 hours base pay
If an employee on standby is called back to work, they shall be compensated under the call back provision.

8.5 Call Back Pay
An employee called to work outside of and not continuous with, their regularly scheduled hours shall be paid a minimum of three (3) hours at the rate of one and one- half (1½) times the employee’s hourly pay rate. All work (other than the employee's regularly scheduled work hours) performed under the call back provision shall be compensated at one and one -half (1½) times the hourly rate of pay and two (2) times the hourly pay rate if worked in excess of twelve (12) hours in a work day. Approved and appropriate leave time taken during the employee’s regular work schedule prior to or after call-back shall not preclude premium payment during the call back.

8.6 Compensatory Time
An employee may request to receive overtime compensation in the form of accrued compensatory time at time and one -half (1½) charged to his accrual bank if qualified in lieu of overtime pay. Under certain circumstances the City Manager may elect to 49 16

choose overtime in lieu of compensatory time. An employee may not have more than 240 hours of compensatory time at any time. Requests by an employee for the use of accrued compensatory time shall be subject to the convenience of the City to the extent authorized by law.

Article 9. Uniforms

Effective the first full pay period following ratification by both parties, or on March 30, 2025, whichever occurs later, for Public Works employee classifications which require a uniform, the City shall provide the uniform (shirts and pants). In addition, Public Works employee classifications which require a uniform shall receive a $500 uniform maintenance allowance. Payments for the uniform maintenance allowance shall be made twice a year in July and January.

Non-sworn Police Department employees shall continue to receive a $500 uniform purchase allowance consistent with Resolution 00 -01. Payments shall be made twice a year in July and January.

9.1 Safety Equipment
The City will furnish all safety equipment that is required to perform the task or job at no cost to the employee.

9.1.1 Safety Shoes
The City will provide a reimbursement of up to $275 per fiscal year for one (1) pair of safety shoes for the following classifications: Building and Code Enforcement Inspectors and Public Works employee classifications.

Additional classifications may be approved for reimbursement by the department director as deemed necessary.

Article 10. Education/Tuition Reimbursement

There will be a total of $30,000 allocated to the Education Reimbursement Program for all City employee groups.

Article 11. Holidays

11.1 Proclaimed Holidays

All regular full-time employees shall receive 14 designated holidays plus two floating holidays to be observed during each fiscal year (July 1-June 30). Employees normally scheduled to work on those days will be given the day off with pay provided they are eligible as set forth below. Floating Holidays may not be carried forward from one fiscal year to the next and are not compensable at the time of separation from City service. 50 17

 Independence Day
 Labor Day
 Veterans' Day
 Thanksgiving Day
 Day After Thanksgiving
 Christmas Eve Day
 Christmas Day
 New Year's Day
 Martin Luther King Day
 President's Day
 Memorial Day
 Juneteenth
 Two Floating Holidays
If any of these Holidays fall on a Sunday, the Monday following shall be observed as the holiday. If any of these Holidays fall on a Saturday, the preceding Thursday shall be observed as the Holiday.

To be eligible for Holiday pay, employees must have worked the workday before and the workday after the Holiday, or be in approved paid leave status the workday before and the workday after the Holiday. Employees on approved vacation or sick leave shall not be charged vacation or sick leave for the Holiday. Full-time employees shall receive nine and one-half (9.5) hours of holiday pay for each holiday.

11.2. Additional Christmas Holidays
For the term of this MOU and consis tent with past practice, the majority of the City’s offices will continue to be closed during the Christmas week. In lieu of holiday pay, employees who were otherwise eligible for holiday pay described below can select to use any unused, accrued vacation, sick or compensatory time available in order to receive pay for these days. Alternatively, employees can choose to take unpaid leave during these days.

11.3 Pay for Working on a Designated Holiday
An employee who is required by the City to work on a day that is a designated holiday as listed in Section 11.1 shall be paid nine and one-half (9.5) hours of Holiday pay and shall be paid for the hours actually worked on the Holiday at the rate of time and one- half (1½). In lieu of pay for the time worked on the designated Holiday, the employee may add the time worked on the Holiday to their Compensatory Time Off accrual at the rate of time and one-half (1½) times hours actually worked.

Article 12. Leaves of Absence

12.1 Authorized Leaves of Absence without Pay

12.1.1 Requesting Leave
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The City Manager may upon the request/recommendation of the Department Director grant an employee an unpaid leave of Absence not to exceed three (3) months. Such leave shall be discretionary and based upon the needs of the City. Employees desiring to take time off without pay who have no leave balances available shall submit a request in writing to their Department Manager. Whenever possible, such request s shall be submitted at least five (5) weeks or 20 working days in advance.

12.1.2 Extension of Leaves
During the period of a Leave of Absence, an employee may request that the leave be extended by submitting a request in writing to their Department Manager stating the reason for the extension. Such a request may be approved or disapproved by the City Manager as described in the above section. No Leaves of Absence exceeding one (1) year will be granted.

12.1.3 Early Return from Leaves of Absence
An employee may request permission from the Department Director to return to work prior to the approved expiration of the leave. Approval of the Department Director and the City Manager for such early returns is discretionary.

12.1.4 Failure to Return to Work from Leave of Absence
Failure of an employee to return to work on the approved date is grounds for disciplinary action up to and including dismissal. (See Article 15).

12.1.5 Benefits During Leaves of Absence
Employees on leave s of absence may continue their medical and insurance benefit coverage by reimbursing the City directly for the amount of the insurance premiums in advance by the 30th day of the preceding month for the subsequent month in which the employee wishes to receive coverage. Should the employee fail to submit payment on a timely basis, the Human Resources Department will send the employee a reminder notice. Coverage in any plan will be dropped if the employee is more than 30 days late in making a premium payment.

12.1.6 Status of Employees on Authorized Leave of Absence An authorized leave of absence does not represent a break in employment for a regular employee. Such an employee retains all accrued vacation, sick leave, and other rights as exist at the time the leave of absence begins. However, only active full time service shall count towards accumulated seniority or to benefits that accrue according to time of service (including vacation and sick leave). Vacation, sick leave, holiday, and merit step salary increases and/or incentive increases do not accrue to an employee on leave during the period of such leave.

An employee returning from leave of absence returns to the same salary step or relative placement in the pay range existing at the time when the employee returns to work. 52 19

Upon the recommendation of the Department Director and at the discretion of the City Manager, a probationary employee who has been granted an authorized leave of absence during the probationary period may be granted an extension o f his or her probationary period by written agreement signed by the City Manager and the employee.

12.2 Bereavement Leave
Paid bereavement Leave of up to five (5) days, or a total of 40 hours, shall be provided to employees in the event of a death in the immediate family of the employee. In addition to the five (5) days, or a total of 40 hours, of paid bereavement leave, employees may use accrued unused vacation or sick leave to extend their bereavement leave up to a total of 59 hours. At the discretion of the City Manager, additional time may be taken as vacation and/or sick leave or unpaid leave.

The immediate family of an employee is defined as: parents, step -parents, parents-in- law, spouse, domestic partner, child, step -child, brother, sister, grandpa rents, grandchildren, brother/sister-in-law, son/daughter-in-law, or legal guardian.

In special cases, the City Manager may approve a leave of absence for bereavement in other circumstances.

12.3 Jury Duty
The City provides jury duty leave with pay for all regular full-time employees who are called upon to serve for court jury duty according to the following provision:

1. An employee called for jury duty should immediately notify his/her department director by providing the jury summons indicating the date, time, and place.

2. If an employee is dismissed by the Court and three (3) hours or more remain in the workday, the employee is expected to report to work.

3. Employees' compensation for jury duty shall be limited to three (3) months (63 work days). Employees whose jury service is in excess of three (3) months (63 work days) may make a request to the City Manager for continued payment.

Employee serving jury duty in excess of the above limit may use accrued unused vacation or Compensatory Time Off to continue pay.

12.4 Military Leave
The City shall comply with all State and Federal requirements regarding military duty leave.

12.5 Pregnancy Disability Leave (PDL)
Employees disabled due to pregnancy may be entitled to a leave of absence for the period of disability up to four months. Employees on PDL may utilize accrued unused sick leave and vacation during the leave period. City shall comply with State and 53 20

Federal laws.

12.6 Maternity and Paternity Leave
A maximum of five (5) accumulated sick leave days may be granted to an employee whose spouse is disabled due to pregnancy related factors. The five -day maximum leave may be extended at the discretion of the City Manager.

Employees may use accumulated vacation or compensatory time off for purposes of maternity or paternity leave; and thereafter, employees are eligible for an unpaid maternity or paternity leave that extends the total leave, time both paid and unpaid, to three (3) months after the date on which the mother was able to resume her duties.

12.7 School Leave

Any employee who is a parent, guardian or grandparent having legal custody of one or more children in kindergarten or grades 1 through 12 or attending a licensed day care facility shall be allowed up to forty (40) prorated hours each school year, not to exceed eight (8) prorated hours in any calendar month of the school year, without pay, to participate in activities of the school of their child. Such e mployee must provide reasonable advance notice of the planned absence. The employee may use vacation to cover the absence. The City may require the employee to provide documentation from the school as verification that the employee participated in school a ctivities on a specific date and at a particular time. If both parents, guardians and grandparents having custody, work for the City at the same work site, only the first parent requesting shall be entitled to leave under this provision.

12.8 Family and Medical Leave Act of 1993

The parties acknowledge the applicability of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and intend to apply and implement this MOU so as to comply with both State and Federal Law.

12.9 Voting Leave
Consistent with the provisions of California law, employees shall be granted sufficient time to vote during municipal, primary and general elections.

Article 13. Sick Leave
All employees shall be eligible to accrue sick leave at the rate of eight (8) hours per month. Sick leave is to be used primarily for illness, injury or medical appointments for the employee or an immediate family member which requires an employee to be absent from work. The immediate family of an employee is defined as: pare nts, step- parents, parents -in-law, spouse, domestic partner, child, step -child, brother, sister, grandparents, grandchildren, brother/sister -in-law, son/daughter -in-law, or legal guardian.
54 21

After three consecutive sick days the City may require an employee to submit a doctor's statement and/or other reasonable verification stating the reason for the sick leave request.

13.1 Accumulation of Sick Leave
If an employee has 2080 hours (one year) of accrued unused sick leave, the employee shall cease earning sick leave until such time as their unused balance falls below 2080 hours.

13.2 Exhaustion of Sick Leave
In cases where an employee's request for sick leave would ordinarily be approved, but the employee has no accrued unused sick leave, the employee's compensatory time off balance shall be charged for the sick time; if none, then the employee's vacation leave shall be charged for the sick time ; if none, then the employee may be placed on authorized unpaid leave.

13.3 Notification
Employees who are unable to report for work due to an illness or injury shall notify his or her supervisor (or designee) of their absence as early as reasonably possible but in no event later than the first one-half hour of their scheduled shift.

13.4 No Cash out
At time of terminat ion, employees shall not be permitted to cash out accrued unused sick leave.

Article 14. Vacation Leave

14.1 Accrual Rate
Employees shall earn vacation every pay period at the following annualized rate.  Start through 4 years of service – 96 hours
 5 years through 9 years of service – 120 hours
 10 through 15 years of service – 144 hours
 16 through 19 years of service – 160 hours
 At 20 years plus of service – 176 hours

14.2 Accumulation of Vacation Leave
If employees reach 280 hours of accrued unused vacation, they shall cease earning any vacation until their vacation accrual falls below 280 hours. No vacation may be earned by an employee on an unpaid leave.

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14.3 Newly Hire Probationary employees
Newly hired employees will ser ve a probationary period for their first twelve (12) months of employment. Upon completion of the twelve month period the new employee's seniority date of hire will revert back to his/her first date of hire within the previous twelve (12) month period.

Probationary employees shall earn vacation at the same rate as non -probationary employees; however, probationary employees shall not be permitted to take vacation during their first six months of employment. If a probationary employee terminates prior to six months they shall receive their accrued unused vacation as cash payout at the time of termination.

14.4 Vacation Sell Back
Consistent with City policy, employees may sell back up to 24 hours of their accrued unused vacation annually, once at any time during the fiscal year.

Article 15. Grievance Procedures and Discipline

15.1 Discipline and Discharge
The City may discharge or suspend a non-probationary regular full time employee for just cause. Discipline shall ordinarily be progressive in nature- oral reprimand, written warning, suspension, demotion, termination, etc., except in cases where the conduct of the employee warrants that earlier steps of progressive discipline be omitted. Causes for disciplinary action shall include but are not limited to the following:

1. Fraud or dishonesty in securing appointment;

2. Unacceptable job performance; inefficiency, inexcusable neglect of duty or failure to perform duties;

3. Insubordination;

4. Dishonesty;

5. Possession of a container of alcohol where the seal is broken; use of alcohol on the job: being under the influence of alcohol or drugs while working; possession of illegal drugs on duty: or a violation of the City drug and alcohol policy;

6. Violation of City or departmental rules;

7. Misuse or misappropriating of City property or funds;

8. Negligence or misconduct resulting in damage to public property or waste of public supplies;

9. Failure to follow adopted safety practices, or failure to properly u se required personal protective gear or equipment;

10. Discourteous or non-cooperative treatment of the public or other City personnel;

11. Acceptance of gifts or gratuities in exchange for the performance of services, functions and duties for which the employee is retained by the City;

12. Conviction of a crime which may impact the employees job duties;

13. Engaging in any employment, activity or ent erprise, which is inconsistent, incompatible, or in conflict with the employee's performance of duties for which 56 23

the employee is retained by the City;

14. Failure to maintain required licenses and certificates;

15. Failure to maintain eligibility for vehicle insurance coverage where driving is a requirement of the job classification. For purposes of this section "driving is a requirement of the job classification" when the job description for the classifications lists a driver's license as one of the requirements o f the position;

16. Unauthorized disclosure of confidential information;

17. Absence from work without approval.

The City shall have the right to make reasonable rules and regulations and to change such rules and regulations, provided such rules and regulations are not in conflict with any of the provisions of this MOU.

The City reserves the right to require an employee who is reasonably suspected of being under the influence of alcohol or drugs while working to take an alcohol and/or drug test. Refusal to take the test will result in immediate termination. The City will bear the cost of any such test if not otherwise covered by insurance.

Non-probationary employees may utilize the grievance procedure to challenge disciplinary actions.

15.2 Definition of a Grievance

A grievance is defined as a claim or dispute with the City by the Union, an employee or group of employees, involving an alleged violation by the City of the terms of this MOU. All grievances shall be handled strictly in accordance with this Grievance procedure, unless otherwise mutually agreed upon. Employees are encouraged to discuss all work related problems and seek resolution of those problems with their supervisor.

Step 1.

The Union shall have the right to present to the City in writing, within ten (10) working days from the time of the occurrence giving rise to the dispute, a grievance setting forth any claim, dispute or grievance arising under this MOU which the Union beli eves the City has violated. If the employer has not received a written grievance within ten (10) working days, the matter will be deemed waived and cannot be grieved any time in the future, and will not be subject to the arbitration procedure set forth in this section at any time in the future. However, the City and Union may mutually agree in writing to extend beyond ten (10) working days the Union's time to present a written grievance.

Step 2.

The parties will meet within ten (10) working days following the City's receipt of the written grievance. For the purpose of preparing for the grievance procedure, the parties will cooperate by providing any supporting documents that exist that are relevant to their position. The City will provide a written answer to the grievance within fifteen 57 24

(15) working days after said meeting.

Step 3.

In the event the grievance is not resolved, the parties may jointly agree to submit the dispute to grievance mediation. Said mediation to take place at a mutually agreed upon time not to exceed twenty (20) days following the last grievance meeting, unless such time limits are extended by mutual agreement between the parties. The grievance mediation will be conducted by the State Mediation and Conciliation Service.

Step 4.

If neither party requests grievance mediation then in order to proceed to arbitration the Union must request arbitration within five (5) calendar days of the City's response in Step 2 or the date of the failed mediation. Except that discipline of a written reprimand shall not be subject to arbitration but shall stop at either step 2 or step 3.

15.3 Advisory Arbitration

Section 1.

If arbitration is requested in accordance with the above requirements, the parties shall attempt to reach agreement upon selection of an arbitrator. If the parties are unable to agree upon an arbitrator within five (5) working days from the date of the request or agreement to arbitrate, either party may request the State Mediation and Conciliation Service to submit a list of arbitrator's names from which to select an arbitrator. The parties shall then alternate striking in sequence until only one name remains. The person whose name remains on the list shall be the arbitrator.

Section 2.

Any dispute which is based on the events that occur after the termination of the MOU is expressly excluded from the jurisdiction of the arbitrator, unless the parties agree otherwise.

Section 3.

No one arbitrator shall have more than one (1) grievance submitted to them, and under consideration by them, at any one time unless the parties hereto otherwise agree in writing. A grievance shall be deemed under consideration by an arbitrator until the arbitrator has rendered a decision in writing.

Section 4.

On all non -disciplinary issues heard by an arbitrator, the decision and award of the arbitrator, within the limits herein described, shall be final and binding on the parties. 58 25

For all disciplinary appeals heard by an arbitrator, the decision and award of the arbitrator, within the limits herein described, shall be final and binding on the parties.

Section 5.

The arbitration fees, expenses, and administrative fees, shall be shared equally by the parties. Each party will bear its own legal expenses and costs incidental to the presentation of this case.

Article 16. Benefits

16.1 Retirement
The City agrees to keep in effect the terms of its current Retirement Plan with CalPERS. Full time employees shall receive the Public Employees Retirement System (PERS) benefit of 2% at age 55. The final compensation is the monthly average of the member's highest 36 consecutive month's full time equivalent monthly pay (no matter which CalPERS employer paid this compensation). The standard benefit available to all members is 36 months. Any unused sick leave accumulated at the time of retirement (only from the City of Hercules) will be converted to credited service at a rate of .004 years of service for each day of sick leave.

Teamsters employees hired prior to January 1, 2013 will pay the employee percentage of PERS contributions. The current total employee percentage is 7%. Effective October 21, 2018 or upon the signing of the CalPERS contract amendment, employees will pay an additional 3% to be applied to the Empl oyer CalPERS Contribution Rate.

Upon separation, the employee will retain the 3% employee for employer contribution in the CalPERS retirement plan.

The PERS benefit formula and perce ntages paid by any Teamster employee hired on or after January 1, 2013 who are not already in a PERS recognized retirement system will change, in accordance with AB 340, signed into law on September 12, 2012.

Teamsters employees hired on or after January 1, 2013 shall receive the PERS benefit formula of 2%@62, and shall pay the employee percentage of the PERS contribution at 6.25%. Effective October 21, 2018 or upon the signing of the CalPERS contract amendment, employees will pay an additional 3% to be ap plied to the Employer CalPERS Contribution Rate . Upon separation, the employee will retain the 3% employee for employer contribution in the CalPERS retirement plan.

Final compensation is based on the employee’s highest annual compensation earnable averaged over a consecutive 36-month period.

16.2 Deferred Compensation Program
Employees may make voluntary contributions to the International City/County Management Association (ICMA) 457 Deferred Compensation Plan through payroll deduction subject to the li mits, policies and conditions established by the ICMA and Federal Tax laws.
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Article 17. Health and Welfare

17.1 Medical, Dental and Vision

The City’s contribution towards the employee’s health premium will equal the Kaiser rate for the prior calendar year plus the first 4% of the rate increase at each level of coverage . The employee shall contribute a maximum of up to 2% of the rate increase and the City will be responsible for rate increases above 6%.

*In addition to the City’s Contribution as establish ed above , the City will pay the CalPERS administration fee associated with administering the plans.

If an employee chooses a health plan other than Kaiser, the employee is responsible for the difference in premium. The excess amount over the Kaiser rate will be deducted through payroll deductions through 24 pay periods. During the term of this Agreement, the City agrees that it will continue to provide the existing health insurance to eligible employees.

Dental and Orthodontic: The City shall pay the pr emium for Delta Dental Plan, including orthodontic benefits for eligible employees and dependents.

Vision: The City shall pay the premium for VSP Plan for eligible employees and dependents.

17.2 Medical Redirect
If an eligible regular full time employee elects no health coverage, and can demonstrate to the City on an annual basis that the employee has alternative health care coverage, the employee shall be entitled to any one of the following options:

1. The City will pay 50% of the eligible contrib ution into the employee's 457 Plan account; or

2. The City will pay to the eligible employee directly 50% of the eligible contribution in their paycheck effective the first day of the month following council approval, provided all paperwork has been received by the Human Resources department; or

3. At the employee's option, the City will pay for the employee's supplemental life insurance and the employee will receive the remainder of the eligible contribution under either option one or two above.

Article 18. Life Insurance and Accident Death and Dismemberment The City agrees to provide to all full-time employees a $40,000 benefit each for Life Insurance and Accidental Death and Dismemberment at no cost to the employee.

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Article 19. Parks and Recreation Credits and Child Care Enrollment This program has been suspended for the term of this MOU.

Article 20. Computer Loan Program
Eligible Employees: Regular full-time employees that have completed their initial one- year probation period with the City. Employee must maintain a balance of up to 40 hours of vacation and/or compensatory time until the loan is paid in full. The hours employee must maintain will vary depending on the amount borrowed.

Maximum Loan Amount: The City will loan employees a maximum of $2,500 for the purchase of computer hardware and software. Employees may not have more than one loan outstanding at any time. If the purchase exceeds $2,500, the remainder of the purchase is the responsibility of the employee.

Interest: No interest will be charged by the City on loans under this program.

Article 21. Workers’ Compensation
When an employee is on a leave of absence due to a workers ’ compensation claim all medical insurance will continue to be in force at no cost to the employee as long as the employee is on a City paid leave of absence.

Article 22. Seniority
Upon completion of the probationary period as defined in Article 14.3 an employee will attain seniority. Seniority shall be defined as the employee's length of service with the City, less any breaks in service (which includes unpaid leaves of absences), beginning from the date of hire to a job classification within the City.

In January of each year the City will post a seniority list in each de partment with the name, classification and date of hire for all employees. If any employee has an objection to their seniority date, they must notify the City and the Union within thirty (30) days of posting of the seniority list.

Article 23. Reduction in Force
In the event that the City determines that it is necessary to make a reduction in force due to reduction in revenue or reduction in work, the City shall notify the Union in writing not less than 30 days prior to the proposed effective date of the reduction. Upon request from the Union, the City shall promptly meet and confer in good faith pursuant to California Government Code Section 3500 et. seq. including but not limited layoff and recall procedures. Once a tentative agreement has been reached, th e parties shall recommend to the City Council and membership the adoption of the tentative agreement. If the City and the Union cannot agree on a procedure for the reduction in force, the issue will be submitted to the State Mediation Service for a recomme nded resolution.
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Article 24. Layoff and Recall
A regular full-time employee may be laid off, without prejudice, due to lack of funds or curtailment of work. No regular full-time employee, however, may be separated or laid off while there are temporary emp loyees serving in the same class or position in the City service, unless that employee has been offered the temporary work. When a Department Director is instructed by the City Manager to reduce the number of employees, layoff shall be made in accordance w ith the following rules below, (1) through (5) inclusive:

1. Layoffs shall be by job classification according to reverse order of seniority as defined by total full time City service.

2. The employee to be laid off may displace the least senior employee in the lateral or next lower classification in which the employee previously held permanent status, provided the displaced employee has less total City service.

Total City service means as a full-time employee.

3. An employee may demote or transfer to a vacant posi tion in a classification for which the employee possesses the necessary skills as determined by the minimum qualifications and job specifications for the position.

4. The name of each laid off employee shall be entered, in order of seniority, on a Re-employment List for two (2) years.

5. A former employee appointed from a re -employment eligibility list shall be restored all rights accrued prior to being laid off, such as sick leave, vacation credits, and credit for years of service. However, a re employed employee shall not be eligible for benefits for which she/he received compensation at the time of, or subsequent to the date the employee was laid off.

Article 25. Americans with Disabilities Act (ADA)
The City and the Union recognize that the Ci ty has an obligation under law to meet with individual employees who allege a need for reasonable accommodation in the work place because of a disability. If the City contemplates actions to provide reasonable accommodation for an individual employee, in compliance with the ADA, but the actions are in potential conflict with any provision of this MOU, the Union will be advised of any such proposed accommodation prior to implementation by the City.

The City will comply with all Federal and State requirements regarding Americans with Disabilities Act.

Article 26. Separability of Provisions
Should any section, or clause or provision of this MOU be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions 62 29

shall remain in full force and effect for the duration of this MOU. In the event of such invalidations, the parties agree to meet and confer concerning substitute provision for the provisions rendered or declared illegal.

Article 27. No Strike or Lockout
During the term of this Agreement the Union agrees that there shall be no strike, slowdown or other concerted withholding of services from the City. The City agrees that during the term of this Agreement there shall be no lockout of employees.

Article 28. Management Rights
Except as limited by the express terms of this Memorandum of Understanding, the City retains all rights to manage all of the operations of the City.

Article 29. Miscellaneous Provisions

1. Short Term and Long-Term Disability
The City agrees to continue its short term and long-term disability insurance plan for the life of this agreement.

2. Employee Assistance Plan
The City agrees to continue an Employee Assistance Counseling Program for employees. Individuals eligible for coverage include employees and their household members. The term household members encompasses anyone living in the employee's household and can i nclude, as examples, domestic partners, grandparents, siblings or grandchildren.

3. Drug and Alcohol Policy
Hercules' policy is designed to promote a drug -free workplace and to comply with appropriate state and federal law.

In recognition of the public servic e responsibilities entrusted to the employees of Hercules, and because drug and alcohol usage can hinder a person's ability to perform duties safely and effectively, the City has adopted a policy on drug and alcohol testing.

Please refer to your policies and procedures manual for a detailed outline of this policy.

Article 30. Term
The term of this agreement shall be from July 1, 2024 through June 30, 2025.

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ATTACHMENT A
List of current classifications covered by this MOU

Position Status
Accounting Technician I Non-Exempt
Assistant Engineer Non-Exempt
Assistant Planner Non-Exempt
Associate Engineer Non-Exempt
Community Development Specialist Non-Exempt
Information Systems Administrator Non-Exempt
Information Systems Specialist Non-Exempt
Landscaping and Lighting Program Coordinator Non-Exempt Maintenance Aide Non-Exempt
Maintenance Worker I Non-Exempt
Maintenance Worker II Non-Exempt
Management Analyst Non-Exempt
Police Assistant Non-Exempt
Police Records Clerk Non-Exempt
Police Support Specialist Non-Exempt
Public Works Inspector/Specialist Non-Exempt
Recreation Coordinator Non-Exempt
Recreation Supervisor Non-Exempt
Senior Clerk Non-Exempt
Senior Planner Non-Exempt
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CITY OF HERCULES

__________________________________ __________________________ Dante Hall Date
City Manager

TEAMSTERS LOCAL 315

_________________________________ __________________________ Eric Wright
Negotiator Signature Date

_________________________________ __________________________ Glenn Moniz
Negotiator Signature Date

_________________________________ __________________________ Nick Berry
Negotiator Signature Date

65 Memorandum of Understanding

City of Hercules
and

Teamsters Local 315
Part Time Employees
July 1, 2024 — June 30, 2025

Approved by Resolution 242-XX
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T ABLE OF CONTENTS

Preamble ........................................................................................................................................3 Article 1. Recognition ............................................................................................................3

1.1 Union Recognition ..................................................................................................3

1.2 City Recognition .....................................................................................................3 Article 2. No Discrimination .................................................................................................3 Article 3. Union Security .......................................................................................................3

3.1 Agency Shop ...........................................................................................................3

3.2 Authorizations for Payroll Deductions ...................................................................4

3.3 Deduction Schedule ................................................................................................4

3.4 Indemnity ................................................................................................................4

3.5 Newly Hired Unit Members ....................................................................................4

3.6 Access to Employee Orientations ...........................................................................5 Article 4. Union Representatives ..........................................................................................5

4.1 Attendance at Meeting by Employees ....................................................................5

4.2 Shop Stewards .........................................................................................................6

4.3 Access to Work Locations ......................................................................................6

4.4 Bulletin Boards .......................................................................................................6

4.5 Email Notices ..........................................................................................................7

4.6 Prior Notice Requirement .......................................................................................7

4.7 Meet and Confer in Good Faith ..............................................................................7 Article 5. Recruitment ...........................................................................................................7

5.1 Recruitment Postings ..............................................................................................7 Article 6. Salary Plan and Wages .........................................................................................7

6.1 Manner of Payment .................................................................................................7

6.2 Work in a Higher Classification .............................................................................8

6.3 Wages ......................................................................................................................8

6.4 Longevity Pay .........................................................................................................8

6.5 Re-certification of CPR and First Aid ....................................................................9

6.6 Incentive Pay ...........................................................................................................9 Article 7. Hours of Work/Work Week .................................................................................9

7.1 Lunch and Break Periods ........................................................................................9 Article 8. Overtime and Emergency Premium Pay ..........................................................10

8.1 General Overtime ..................................................................................................10

8.2 Emergency Premium Pay ......................................................................................10

8.3 No Pyramiding ......................................................................................................10 Article 9. Uniforms ..............................................................................................................10

9.1 Safety Equipment ..................................................................................................10 Article 10. Education/Tuition Reimbursement ...................................................................11 Article 11. Holidays ...............................................................................................................11

11.1 Proclaimed Holidays .............................................................................................11

11.2 Additional Christmas Holidays .............................................................................11

11.3 Pay for Working on a Designated Holiday ...........................................................11 Article 12. Leaves of Absence ...............................................................................................12 67 2

12.1 Authorized Leaves of Absences without Pay .......................................................13

12.2 Bereavement Leave ...............................................................................................13

12.3 Jury Duty ...............................................................................................................14

12.4 Military Leave .......................................................................................................14

12.5 Pregnancy Disability Leave ..................................................................................14

12.6 Maternity and Paternity Leave ..............................................................................14

12.7 School Leave .........................................................................................................14

12.8 Family and Medical Leave Act of 1993 ...............................................................15

12.9 Voting Leave .........................................................................................................15 Article 13. Sick Leave ............................................................................................................15

13.1 Accumulation of Sick Leave .................................................................................15

13.2 Exhaustion of Sick Leave .....................................................................................15

13.3 Notification ...........................................................................................................16

13.4 No Cash Out ..........................................................................................................16 Article 14. Vacation Leave ....................................................................................................16

14.1 Accrual Rate ..........................................................................................................16

14.2 Accumulation of Vacation Leave .........................................................................16

14.3 New Hire Probationary Employees ......................................................................16 Article 15. Grievance Procedures and Discipline ...............................................................17

15.1 Discipline and Discharge ......................................................................................17

15.2 Definition of a Grievance ......................................................................................18

15.3 Advisory Arbitration .............................................................................................18 Article 16. Benefits .................................................................................................................19

16.1 Retirement .............................................................................................................19

16.2 Deferred Compensation ........................................................................................20 Article 17. Health and Welfare .............................................................................................20

17.1 Medical, Dental and Vision ..................................................................................20 Article 18. Parks and Recreation Credits and Child Care Enrollment ............................21 Article 19. Computer Loan ...................................................................................................21 Article 20. Workers’ Compensation Program ....................................................................21 Article 21. Seniority ...............................................................................................................21 Article 22. Reduction in Force ..............................................................................................22 Article 23. Layoff and Recall ................................................................................................22 Article 24. Americans with Disabilities Act .........................................................................22 Article 25. Separability of Provisions ..................................................................................23 Article 26. No Strike or Lockout ..........................................................................................23 Article 27. Management Rights ............................................................................................23 Article 28. Miscellaneous Provisions ....................................................................................23 Article 29. Term .....................................................................................................................24 Attachment A: Positions ......................................................................................................25 Signature Page .............................................................................................................................26

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PREAMBLE

General Teamsters Local No. 315, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America and representatives of the City of Hercules have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of emp loyees in the miscellaneous part -time employee bargaining unit, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers-Milias Brown Act (Government Code Sections 3500, et. seq.) and has been jointly prepared by the parties.

Article 1. Recognition

1.1 Union Recognition

The General Teamsters Local No. 315 affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, hereinafter referred to as the "Union", is recognized as the employee organization as provided in the City's Employer-Employee Relations Resolution for all part -time employees assigned to the classification listed in Attachment A.

1.2 City Recognition

The City Manager, or where the authority has been delegated by the City Manager, the City Manager’s representative is the representative of the City of Hercules, hereinafter referred to as the “City”.

Article 2. No Discrimination

The City agrees not to discriminate against any employee because of membership in the Union or because of any lawful activities on behalf of the Union. Union activities shall not interfere with the normal operation of the City. Neither the City nor the Union shall discriminate for or against any employee or applicant for employment on account of race, color, creed, national origin, age, sex, sexual orientation, physical disability, or mental disability which does not prevent an employee from meeting the minimum standards established.

Article 3. Union Security

3.1 Agency Shop

The City shall rely on the certification from the Union to deduct dues and fees from the unit employee paychecks per employee authorizations employees provide the Union to the extent required by law, including but not limited to Government Code Sections 1157.3 and 1157.12. The Union shall not be obligated to provide the City with a copy of an employee’s deduction authorization unless a dispute arises about the existence or terms of the authorization.
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3.2 Authorization for Payroll Deduction

Upon being furnished with an appropriate form executed by an employee, the City shall deduct from that employee’s pay, in the amount stated, contributions to DRIVE (Democratic Republican Independent Voter Education). The Union shall notify the City of the designated amount of dues and fees to be deducted for each unit member, and the City shall deduct the amounts so designated after receiving written certification from the Union that the unit member has provided written authorization to do so. Any request to begin or cancel dues or fee deductions must be made to the Union, and not the City.

At the beginning of each month, the Union shall provide the City with a comprehensive updated list of all unit members and the amounts that shall be deducted for their dues and fees.

3.3 Authorization, cancellation or modification of payroll deduction for dues and fees shall be made upon written request and confirmation in writing by the Union. The City shall direct unit members to the Union if they so request to ch ange or cancel dues or fee deductions. The voluntary payroll deduction authorization for dues and fees shall remain in effect until employment with the City is terminated, unless otherwise directed by the Union.

3.4 Deduction Schedule

Deductions shall be made twice per month from the employee’s pay. Payments to the Union shall be made by the 15 th day of each month following the month for which the deductions have been made together with a list of the employees for whom deductions have been made. Paymen ts to the Union shall be made to: Union Local 315, 2727 Alhambra Avenue, P.O. Box 3010, Martinez, CA 94553.

3.5 Indemnity

The Union shall indemnify, defend, and hold the City, its officers, employees and agents harmless from any costs or liability resulting out of any and all claims, demands, suits or any other action arising from the operation of this Section or from the use of the monies remitted to the Union, including, but not limited to the costs of defending against any such actions or claims.

3.6 Newly Hired Unit Members

To the extent required by Government Code Section 3558, the City shall provide the Union with a list of names and contact information (listed below) for any newly hired unit member within 30 days of the date of hire. The in formation shall include the following information except for any information subject to exclusion pursuant to Government code Section 6254.3(c):

 Employee name
 Job title
 Department
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 Work location
 Home address
 Work, home and personal cellular telephone numbers and personal email addresses on file with the City.

This same information shall be provided every 120 days for all unit employees.

The City agrees that personal contact information of unit employees (e.g., home address, personal phone number, personal email address) is private information not to be disclosed to any private (non -governmental) person or entity, other than the Union, except upon written authorization of the employee. The city further ag rees to give the Union prompt notice of requests from any such person or entity for such information, along with a copy of the City’s response to such requests.

3.7 Access to Employee Orientations

The City will notify the Union in writing not less than ten (10) days in advance of the onboarding orientation meeting (if any) held between the Human Resources Department representatives and new bargaining unit employees. If a bargaining unit member’s first day of work begins less than ten (10) days before the date of the employee orientation, the 10-day notice requirement may be reduced and the City will instead provide as much a dvance notice as reasonably possible of the orientation meeting.

The Union will be responsible for providing a copy of the current MOU and any Union information to the new employee.

Article 4. Union Representatives

4.1 Attendance at Meetings by Employees

An employee who is the subject of investigatory interview which the employee reasonably believes may result in discipline, may request and shall be granted the right 71 6

to have a shop steward or, or if no shop steward is available, a co-worker present during the interview.

4.2 Shop Stewards

The Union may appoint a maximum of' six (6) shop stewards. The Union will notify the City of Hercules in writing with the names and any changes to shop stewards.

Grievances which may arise and which cannot be adjusted on the job shall be reported to the Un ion by the steward; provided, however, in no event shall the steward or the Union order any changes, and no changes shall be made except with the consent of the City.

4.3 Access to Work Locations

Reasonable access to employee work locations shall be granted to officially designated Union representatives, for the purpose of contacting members of the bargaining union concerning business within the scope of representation.

Any Union represen tative seeking access to work locations, as a courtesy, will notify the City Manager or his/her designee when reasonable the day before meeting with the time, date, and approximate length of the meeting. Access shall be restricted so as not to interfere with the normal operations of the department or with established or security requirements. Any meetings or discussions with employees shall generally be limited to the employee's time before work, after work, break time or lunch hour unless it is necessary in the resolution of a grievance and approved by the City Manager or his/her designee.

The Union shall designate, in writing to the City Manager, the names of the representatives listed above.

4.4 Bulletin Boards

The Union may provide the City with two bulletin boards with the dimensions of approximately 2'x 3' to be placed by the City in a mutually agreeable location. The Union may use these bulletin boards to post:

a. Official Notices of Union Meetings;
b. Official Notices of Union elections and results;
c. Official Notices of Union appointments;
d. Official Notices of grievances, resolutions and Union newsletters and bulletins; and
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e. Other Official Union Notices.
f. At mutually agreeable satellite locations, the Union may provide a clipboard with the above information clipped to it. These clipboards shall be located in break rooms or near logbooks.

4.5 E-Mail Notices

With prior approval of the City Manager or his/her designee, that will not be unreasonably denied, the Union is permitted to send to its members E -Mail notices of Official Union Business as noted in Section 4.4.

4.6 Prior Notice Requirement

The City agrees to notify the Union ten (10) working days in advance of any Policy, Rule, or other change that will have an impact on the bargaining unit. The Union will then respond within ten (10) working days of receipt of Policy, Rule or other change.

The first day will be considered as the day notice is received either through an e -mail, fax or letter.

4.7 Meet and Confer in Good Faith

"Meet and confer" or "meeting and conferring" means that duly authorized City representatives and duly authorized re presentatives of the Union shall have a mutual obligation to meet and confer in good faith regarding specified matters within the scope of representation, in an endeavor to reach tentative agreement. Once a tentative agreement has been reached on any matte r requiring ratification or City Council adoption the parties shall recommend ratification by the membership and adoption by the City Council. Nothing herein shall require either party to agree to any proposal or to make concessions.

Article 5. Recruitment

5.1 Recruitment Postings

The City agrees to post all bargaining unit positions internally for ten (10) workdays on the City website, e-mail and appropriate bulletin boards prior to the closing application date. The City encourages all qualified internal candidates to apply for promotional opportunities. The City may, at its discretion, prior to commencing a formal recruitment process for job vacancies, solicit employee interest for the position. At the discretion of the City, it may perform internal recruitments.

Article 6. Salary Plan and Wages

6.1 Manner of Payment

Employees shall be paid every other Friday via direct deposit. Routine paychecks shall be for the purpose of compensating for regular time, overtime, sick leave and vacation hours. Reimbursable expenses shall be paid on a separate check.

Overtime, vacation, and sick leave, shall be processed and paid or reported on the 73 8

subsequent paycheck.

6.2 Work in a Higher Classification

Eligible employees who are authorized in writing by the department head to work in a higher classification and salary range than their own and who are required to temporarily perform substantial duties and assume the responsibilities of the position will receive out of class pay. To be eligible for out of class pay employees assigned to work in a higher classification must meet the minimum qualifications of the assigned position. Employees will be eligible for work in a higher classification on the first workday in a higher classification.

Compensation for work in a higher class shall be at either five percent (5%) above said employees' existing salary rate or the hourly rate equal to the minimum rate as provided in the salary range for the designated position, whichever is higher. Any out of class work for which premium compensation is provided requires advance written approval by the City Manager or designee.

Employees who are working in a highe r classification that is outside the scope of this Agreement shall be covered by the general terms and conditions of employment of the higher classification. All wages, including sick, vacation, comp time and holiday shall be paid at the out of class pay rate.

Additional Duties pay of 5% will be compensated to an employee when an employee assumes limited duties of a higher classification as approved by the City Manager.

6.3 Wages

FY 2024-25
Effective the first full pay period following ratification by both parties, or on March 30, 2025, whichever occurs later, employees shall receive a 3.0% Cost of Living Adjustment (COLA), with a one -time non-PERSable payment of 5.0% of their total gross salary for the 2023/24 fiscal year.

6.4 Longevity Pay

10 years of service: $150.00 per month
15 years of service: $200.00 per month
20 years of service: $250.00 per month
25 years of service: $300.00 per month

Longevity pay shall be paid in 24 bi-weekly installments and shall be in addition to any other pay received under this Agreement.

6.5 Re-Certification of CPR and First Aid
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Recertification of CPR and First Aid will be paid by the City for all eligible regular part- time employees every two years if required by Parks and Recreation programs. Should a part -time employee fail the CPR or First Aid test the responsibility of payment becomes the employee’s responsibility.

6.6 Incentive Pay

Article 7. Hours of Work/Workweek

Standard workweek: The standard basic workweek for part -time employees including those part -time employees on a 9.5/76 schedule shall be from Sunday at midnight through the following Saturday at 11:59 p.m. The City may assign a different workweek when it is deemed necessary so long as the employee receives proper notification. When practical or feasible a part-time employee will be given no less than one (1) day written notice in advance of a change in their assigned regular work week or shift schedule unless mutually agreed upon between the employee and the Department Director. The assignment of work weeks and shifts will be based on seniority provided the employee in the department has the minimum qualifications to perform the work.

Employees receiving benefits, must use accrued leave balances to reach the appropriate hours per week for the benefits being received if scheduled hours do not meet the hours required.

7.1 Lunch and Break Periods:

The time allowed for an unpaid lunch break shall be a mini mum of thirty minutes and no more than one hour and will be approved or disapproved at the discretion of the Department Director. All regular part -time employees who are scheduled to work at least four (4) hours shall be permitted one fifteen minute paid r est period at approximately the middle of the four hour period. Part -time employees who are scheduled to work at least six hours shall be permitted to a second paid fifteen minute rest period. Rest periods shall not be taken at the end of a workday to permit an employee to leave early, nor may rest periods be used at the beginning of a workday to allow an employee to report for work after their regular assigned starting time.

The City will comply with all applicable State Laws and Regulations governing mea l periods and rest periods.

Article 8. Overtime and Emergency Premium Pay

8.1 General Overtime

The City's policy is to avoid overtime work whenever possible. Overtime work may be performed, however, if it is approved in advance by the City Manager or Department 75 10

Director. Such approval shall be provided to the employee within a reasonable time.

Overtime shall be paid at the rate of one and a half ( 1.5) times the regular hourly rate for all hours worked over 40 in the regular work week for all non-exempt classifications.

Overtime shall be paid at the rate of two (2) times the regular hourly rate of pay for all hours worked over twelve (12) hours in a work day.

In any pay period during which an employee is using approved leave time and “overtime” hours are worked, the employee can elect to reduce leave utilized during that pay period rather than being paid at str aight time for anything up to 38 hours. In any work week during which an employee is using pre-scheduled and approved vacation or comp time, these hours are defined as “hours worked”.

To the extent practical, overtime work shall be distributed equally among qualified employees insofar as possible based on the minimum qualifications needed for the task and to be done on a rotated basis by department or division as designated by the direct supervisor and approved by the Department Director. Except for Holiday pay, time paid and not worked (e.g. sick leave, vacation, etc.) does not count toward the forty hours necessary to receive overtime.

8.2 Emergency Premium Pay

In an emergency preparedness situation, as designated by the City Manager or designee, all employees required to work in excess of an eight hour shift shall receive premium pay at the rate of two (2) times the employee's regular base rate of pay for all hours worked over eight hours.

8.3 No Pyramiding

There shall be no pyramiding of overtime. For example, if an employee's work hours qualify for overtime, the same work hours cannot qualify for any other premium pay.

Article 9. Uniforms

When the City requires employees to wear a uniform- shirts, pants, vests, hats or other apparel, the City will provide the uniform. Non-sworn police employees shall continue to receive a $500 uniform purchase allowance consistent with Resolution 00 -01.

Payments shall be made twice a year in July and January.

9.1 Safety Equipment

The City will furnish all safety equipment that is required to perform the task or job at no cost to the employee.

9.1.1 Safety Shoes

The City will provide a reimbursement of up to $275 per fiscal year for one (1) pair of safety shoes for any regular part-time employee required to wear safety shoes. 76 11

Article 10. Education/Tuition Reimbursement

There will be a total of $30,000 allocated to the Education Reimbursement Program for all City employee groups.

Article 11. Holidays – Regular Part-Time Employees

Although all regular part-time employees working 20 or more hours are covered by this Agreement, to be "eligible" for employment benefits such as holiday, sick leave, vacation, etc., the regular part-time employee must be in a regularly classified position and be regularly scheduled to work 20 hours or more per week effective the date of adoption of this agreement by the City Council.

11.1 Proclaimed Holidays

Eligible regular part -time employees shall receive 1 4 designated holidays plus two floating holidays to be observed during each fiscal year (July 1 -June 30). Employees normally scheduled to work on those days will be given the day off with pro -rated pay provided they are eligible as set forth below. Floating Holidays may not be carried forward f rom one fiscal year to the next and are not compensable at the time of separation from City service.

 Independence Day
 Labor Day
 Veterans' Day
 Thanksgiving Day
 Day After Thanksgiving
 Christmas Eve Day
 Christmas Day
 New Year's Day
 Martin Luther King, Jr. Day
 President's Day
 Memorial Day
 Juneteenth
 Two Floating Holidays

If any of these Holidays fall on a Sunday, the Monday following shall be observed as the holiday. If any of these Holidays fall on a Saturday, the preceding Thursday shall be observed as the Holiday.

An approved paid status means that if an employee is scheduled to work during a given week, he or she has scheduled or unscheduled time off that would be covered by pay or 77 12

leave has been approved. Paid leave such as bona fide sick, vacation or other compensable accrued benefit for essential paid time off must be available and currently on the books.

Employees on approved paid vacat ion or sick leave shall be paid for the Holiday.

Holiday pay for part time employees shall be pro -rated based upon the regular number of hours scheduled to work per week. (An employee scheduled to work 30 hours per week (30/40 hours) would receive seventy -five percent (75% of the full day holiday pay, 6 hours).

The Proclaimed Holidays listed above are effective upon adoption of this agreement by the City Council.

11.2. Additional Christmas Holidays

For the term of this MOU and consistent with past pract ice, the majority of the City’s offices will continue to be closed during the Christmas week. In lieu of holiday pay, employees who were otherwise eligible for holiday pay described below can elect to use any unused, accrued vacation, sick or compensatory time available in order to receive pay for these days. Alternatively, employees can choose to take unpaid leave during these days.

11.3 Pay for Working on a Designated Holiday

An eligible part-time employee who is required by the City to work on the day a Holiday is observed as designated in Section 11.1 shall be paid for the hours actually worked on the Holiday at the rate of time and one-half.

NOTE: Children’s Program positions are allowed to use any type of accrued leave when schools are on break and childcare programs are not in operation.

Article 12. Leaves of Absence

12.1 Authorized Leaves of Absence without Pay

12.1.1. Requesting Leave

The City Manager may up on the request/recommendation of the Department Director grant an employee an unpaid leave of Absence not to exceed three (3) months. Such leave shall be discretionary and based upon the needs of the City. Employees desiring to take time off without pay who have no leave balances available shall submit a request in writing to their Department Manager. Whenever possible, such request s shall be submitted at least five (5) weeks or 20 working days in advance.

12.1.2 Early Return From Leaves of Absence

An employee may request permission from the Department Director to return to work prior to the approved expiration of the leave. Approval of the Department Director and the City Manager for such early returns is discretionary. 78 13

12.1.3 Failure to Return to Work from Leave of Absence

Failure of an employee to return to work on the approved date is grounds for disciplinary action up to and including dismissal. (See Article 15).

12.1.4 Benefits During Leaves of Absence

Employees on leave s of absence may continue their medical and insurance benefit coverage by reimbursing the City directly for the amount of the insurance premiums in advance. Such reimbursement must be made in advance by the 30th day of the preceding month for the subsequent month for each month in which the employee wishes to receive coverage. Should the employee fail to submit payment on a timely basis, the Personnel Department will send the employee a reminder notice. Coverage in any plan will be dropped if the employee is more than 30 days late in making a premium payment.

12.1.5 Status of Employees on Authorized Leaves of Absence

An authorized leave of absence does not represent a break in employment for a regular part-time employee. Such an employee retains all accrued vacation, sick leave, and other rights existing at the time the leave of absence begins. However, only active part -time service shall count towards accumulated seniority or to benefits that accrue according to time of service (including vacation and sick leave). Vacation, sick leave, holiday, and merit step salary increases and/or incentive increases do not accrue to an employee on leave during the period of such leave. An employee returning from leave of absence returns to the same salary step or relative placement in the pay range existing at the time when the employee returns to work.

Upon the recommendation of the Department Director and at the discretion of the City Manager, a probationary part-time employee who has been granted an authorized leave of absence during the probationary period may be granted an extension of his or her probationary period by written agreement signed by the City Manager and the employee.

12.2 Bereavement Leave

Paid bereavement Leave of up to five (5) days, or a tot al of 40 hours (prorated based upon regular work schedule) shall be provided to eligible regular part -time employees in the event of a death in the immediate family of the employee. In addition to the prorated five (5) days or 40 hours of paid bereavement leave, employees may use accrued unused vacation or sick leave to extend their bereavement leave up to a total of 59 prorated hours. At the discretion of the City Manager, additional time may be taken as vacation and/or sick leave or unpaid leave. For example a regular part-time employee who is regularly scheduled 30 hours per week would be eligible for a maximum of 31 hours of City paid bereavement leave in the event of a death in the immediate family of the employee.

The immediate family of an employee is defined as: parents, step -parents, parents-in- law, spouse, domestic partner, child, step -child, brother, sister, grandparents, grandchildren, brother/sister-in-law, son/daughter-in-law, or legal guardian. In special 79 14

cases, the City Manager may approve a leave of absence for bereavement in other circumstances.

12.3 Jury Duty

The City provides jury duty leave with pay for all eligible regular part-time employees who are called upon to serve for court jury duty according to the following provisions:

An employee called for jury duty should immediately notify his/her department director by providing the jury summons indicating the date, time, and place.

If an employee is dismissed by the Court and three (3) hours or more remain in the workday, the employee is expected to report to work.

Employees' compensation for jury duty shall be limited to prorated pay based upon the regular work schedule and shall not exceed two weeks in duration. Employees whose jury service is in excess of two weeks may request to the City Manager for continued payment. Employees serving jury duty in excess of the above limit may use accrued unused vacation to continue pay.

12.4 Military Leave

The City shall comply with all State and Federal requirements regarding military duty leave.

12.5 Pregnancy Disability Leave (PDL)

Employees disabled due to pregnancy may be entitled to a leave of absence for the period of disability up to four months. Employees on PDL may utilize accrued unused sick leave and vacation during the leave p eriod. The City shall comply with State and Federal laws.

12.6 Maternity and Paternity Leave

A maximum of five (5) prorated accumulated sick leave days may be granted to an employee whose spouse is disabled due to pregnancy related factors. The five -day maximum leave may be extended at the discretion of the City Manager. Employees may use accumulated vacation for purposes of maternity or paternity leave; and thereafter, employees are eligible for an unpaid maternity or paternity leave that extends the to tal leave, time both paid and unpaid, to three (3) months after the date on which the mother was able to resume her duties.

12.7 School Leave

reasonable advance notice of the planned absence. The employee may use vacation to cover the absence. The City may require the employee to provide documentation from the school as verification that the employee participated in school activities on a specific date and at a particular time. If both parents, guardians and grandparents having custody, work for the City at the same work site, only the first parent requesting shall be entitled to leave under this provision.

12.8 Family and Medical Leave Act of 1993

12.9 Voting Leave

Consistent with the provisions of California law, employees shall be granted sufficient time to vote during municipal, primary, and general elections.

Article 13. Sick Leave

All regular part-time employees shall accrue paid sick leave beginning on the first day of employment, at a rate of one (1) hour for every thirty (30) hours worked, in accordance with California Labor Code § 246. Employees are eligible to begin using accrued sick leave after their 90th day of employment.

Alternatively, the City may apply a front-loaded or monthly accrual method provided it meets or exceeds state law requirements.

Sick leave is to be used only for illness, injury or medical appointment (or under limited circumstances, a death in the immediate family).

The immediate family of an employee is defined as: parents, step -parents, parents-in- law, spouse, dom estic partner, child, step -child, brother, sister, grandparents, grandchildren, brother/sister-in-law, son/daughter-in-law, or legal guardian.

After three consecutive sick days the City may require an employee to submit a doctor's statement and/or other r easonable verification stating the reason for the sick leave request.

13.1 Accumulation of Sick Leave

If an employee has 2080 hours (one year) of accrued unused sick leave, the employee shall cease earning sick leave until such time as their unused bala nce falls below 2080 hours.

13.2 Exhaustion of Sick Leave

In cases where an employee's request for sick leave would ordinarily be approved, but the employee has no accrued unused sick leave, the employee's vacation leave shall be 81 16

charged for the sick ti me. If the employee has no accrued unused vacation time , then the employee may be placed on authorized unpaid leave.

13.3 Notification

Employees who are unable to report for work due to an illness or injury shall notify his or her supervisor (or designee) of their absence as early as reasonably possible but in no event later than the first one-half hour of their scheduled shift.

13.4 No Cash out

At time of termination, employees shall not be permitted to cash out accrued unused sick leave.

Article 14. Vacation Leave

14.1 Accrual Rate

Eligible regular part -time employees shall earn vacation every pay period at the following annualized rate, prorated based upon their regular work schedule.

 Start through 4 years of service – 96 hours
 5 years through 9 years of service – 120 hours
 10 through 15 years of service – 144 hours
 16 through 19 years of service – 160 hours
 20 years plus of service – 176 hours

Ex.: A regular part -time employee with seven years of service who is regularly scheduled to work 30 hours per week earns vacation at the annual rate of 90 hours. The vacation leave accrual prorated rates are effective upon adoption of this agreement by the City Council.

14.2 Accumulation

If employees reach 280 hours of accrued unused vacation, they shall cease earning any vacation until their vacation accrual falls below 280 hours. No vacation may be earned by an employee on an unpaid leave.

14.3 Newly Hire Probationary Employees

Newly hired employees will serve a probationary period for their first twelve (12) months of employment. Upon completion of the twelve month period the new employee's seniority date of hire will revert back to his/her first date of hire within the previous twelve (12) month period.

to six months they shall receive their accrued unused vacation as cash payout at the time of termination.

Article 15. Grievance Procedures and Discipline

15.1 Discipline and Discharge

The City may discharge or suspend a non-probationary regular part-time employee for just cause. Discipline shall ordinarily be progressive in nature- oral reprimand, written warning, suspension, demotion, termination, etc., except in cases where the conduct of the employee warrants that earlier steps of progressive discipline be omitted. Causes for disciplinary action shall include but are not limited to the following:

1. Fraud or dishonesty in securing appointment;

2. Unacceptable job performance; inefficiency, inexcusable neglect of duty or failure to perform duties;

3. Insubordination;

4. Dishonesty;

5. Possession of a container of alcohol where the seal is broken; use of alcohol on the job: being under the influence of alcohol or drugs while working; possession of illegal drugs on duty or a violation of the City drug and alcohol policy;

6. Violation of City or departmental rules;

7. Misuse or misappropriating of City property or funds;

8. Negligence or misconduct resulting in damage to public property or waste of public supplies;

9. Failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment;

10. Discourteous or non-cooperative treatment of the public or other City personnel;

11. Acceptance of gifts or gratuities in exchange for the performance of services, functions and duties for which the employee is retained by the City;

12. Conviction of a crime which may impact the employee’s job duties;

13. Engaging in any employment, activity or enterprise, which is inconsistent, incompatible, or in conflict with the employee's performance of duties for which the employee is retained by the City;

14. Failure to maintain required licenses and certificates;

16. Unauthorized disclosure of confidential information;

17. Absence from work without approval.

The City reserves the right to require an employee who is reasonably suspected of being 83 18

under the influence of alcohol or drugs while working to take an alcohol and/or drug test. Refusal to take the test will result in immediate termination. The City will bear the cost of any such test if not otherwise covered by insurance.

Non-probationary employees may utilize the grievance procedure to challenge disciplinary actions.

15.2 Definition of a Grievance

Step 1.

The Union shall have the right to present to the City in writing, within ten (10) working days from the time of the occurrence giving rise to the dispute, a grievance setting forth any claim, dispute or grievance arising under this MOU which the Union believes the City has violated. If the employer has not received a written grievance within ten (10) working days, the matter will be deemed waived and cannot be grieved any time in the future, and will not be subject to the arbitration procedure set forth in this section at any time in the future. However, the City and Union may mutually agree in writing to extend beyond ten (10) working days the Union's time to present a written grievance.

Step 2.

Step 3.

Step 4.

15.3 Advisory Arbitration

Section 1.

Section 2.

Any dispute which is based on the events that occur after the termination of the MOU is expressly excluded from the jurisdiction of the arbitrator, unless the parties agree otherwise.

Section 3.

Section 4.

On all non -disciplinary issues heard by an arbitrator, the decision and award of the arbitrator, within the limits herein described, shall be final and binding on the parties.

For all disciplinary appeals heard by an arbitrator, the decision and award of the arbitrator, within the limits herein described, shall be final and binding on the parties.

Section 5.

The arbitration fees, expenses, and administrative fees, shall be shared equally by the parties. Each party will bear its own legal expenses and costs incidental to the presentation of this case.

Article 16. Benefits

16.1 Retirement

The City agrees to keep in effect the terms of its current Retirement Plan with CalPERS. Regular part-time employees shall receive the Public Employees Retirement System (PERS) benefit of 2% at age 55. The final compensation is the monthly average of the member's highest 36 consecutive month's full -time equivalent monthly pay (no matter which C alPERS employer paid this compensation). The standard benefit 85 20

available to all members is 36 months. Any unused sick leave accumulated at the time of retirement (only from the City of Hercules) will be converted to credited service at a rate of .004 years of service for each day of sick leave.

Upon separation, the employee will retain the 3% employee for employer contribution in the CalPERS retirement plan.

The PERS benefit formula and percentages paid by any Teamster employee hired on or after January 1, 2013 who are not already in a PERS recognized retirement system will change, in accordance with AB 340, signed into law on September 12, 2012.

Teamsters employees hired on or after January 1, 2013 shall receive the PERS benefit formula of 2%@62, and shall pay the employee percentage of the PERS contribution at 6.25%. Effective October 21, 2018 or upon the signing of the CalPERS contract amendment, employees will pay an additional 3% to be applied to the Employer CalPERS Contribution Rate . Upon separation, the employee will retain the 3% employee for employer contribution in the CalPERS retirement plan.

Final compensation is based on the employee’s highest annual compensation earnable averaged over a consecutive 36-month period.

16.2 Deferred Compensation Program

Eligible part-time employees may make voluntary contributions to the International City/County Management Association (ICMA) 457 Deferred Compensation Plan through payroll deduction subject to the limits, policies and conditions established by the ICMA and Federal Tax laws.

Article 17. Health and Welfare

17.1 Medical, Dental and Vision

The City’s contribution towards the employee’s health premium will equal the Kaiser rate for the prior calendar year plus the first 4% of the rate increase at each level of coverage. The employee shall contribute a maximum of up to 2% of the rate increase and the City will be responsible for rate increases above 6%.

The City will pay its share of the current Kaiser coverage as described above for employee-only for regular par t-time employees working a minimum of 30 hours per week. Part-time employees working at least 20 hours per week prior to July 1, 2012 shall continue to receive benefits as outlined in the Memorandum of Understanding prior to this date.

The City will pay dental and vision insurance premiums for eligible regular part-time employees working 25 hours per week or moe on a prorated basis. For example, a 86 21

regular part-time employee who is scheduled to work 30 hours per week (3/4 time) would be required to pay 25% of the premium for the dental and visions insurance.

If an employee chooses a health plan other than Kaiser the employee is responsible for the difference in premium. The excess amount over the Kaiser Rate will be deducted through payroll deductions through 24 pay periods . If the employee fails to pay the difference in premium their health insurance is subject to cancellation.

During the term of this Agreement, the City agrees that it will continue to provide the existing health insurance to eligible regular part-time employees.

Article 18. Parks and Recreation Credits and Child Care Enrollment

This program has been suspended for the term of this MOU.

Article 19. Computer Loan Program

Eligible Employees: Regular part-time employees that have completed their initial one year probationary period with the City. Employee must maintain a balance of up to 40 hours of vacation until the loan is paid in full. The hours employee must maintain will vary depending on the amount borrowed.

Maximum Loan Amount: The City will loan employees a maximum of $400.00 for the purchase of computer hardware and software. Employees may not have more than one loan outstanding at any time. If the purchase exceeds, $400.00 the remainder of the purchase is the responsibility of the employee. All loans are to be paid within a two year period.

Interest: No interest will be charged by the City on loans under this program.

Article 20. Workers Compensation

When an employee is on a leave of absence due to a worker's compensation claim all medical insurance will continue to be in force at no cost to the employee as long as the employee is on a City paid leave of absence.

Article 21. Seniority

Upon completion of the probationary period as defined in Article 14.3 an employee will attain seniority. Seniority shall be defined as the employee's length of service with the City, less any breaks in service (which includes unpaid leaves of absences), beginning from the date of hire to a job classification within the City.

In January of each year the City will post a seniority list in each department with the name, classification and date of hire for all employees. If any employee has an objection to their seniority date they must notify the City a nd the Union within thirty (30) days of posting of the seniority list.

87 22

Article 22. Reduction in Force

In the event the City determines that it is necessary to make a reduction in force due to reduction in revenue or reduction in work, the City shall notify the Union in writing not less than 30 days prior to the proposed effective date of the reduction. Upon request from the Union, the City shall promptly meet and confer in good faith pursuant to California Government Code Section 3500 et. seq. includi ng but not limited to layoff and recall procedures. Once a tentative agreement has been reached, the parties shall recommend to the City Council and membership the adoption of the tentative agreement. If the City and the Union cannot agree on a procedure f or the reduction in force, the issue will be submitted to the State Mediation Service for a recommended resolution.

Article 23. Layoff and Recall

A regular part-time employee may be laid off, without prejudice, due to lack of funds or curtailment of work. No regular part-time employee, however, may be separated or laid off while there are temporary employees serving in the same class or position in the City service, unless that employee has been offered the temporary work.

When a Department Director is i nstructed by the City Manager to reduce the number of employees, layoff shall be made in accordance with the following rules below, (1) through (5) inclusive:

1. Layoffs shall be by job classification according to reverse order of seniority as defined by total full time City service.

Total City service means as a part-time employee.

3. An employee may demote or transfer to a vacant position in a classification for which the employee possesses the necessary skills as determined by the minimum qualifications and job specifications for the position.

4. The name of each laid off employee shall be entered, in order of seniority, on a Re-employment List for two (2) years.

Article 24. Americans with Disabilities Act (ADA)

The City and the Union recognize that the City has an obligation under law to meet 88 23

with individual employees who allege a need for reasonable accommodation in the work place because of a disability. If the Cit y contemplates actions to provide reasonable accommodation for an individual employee, in compliance with the ADA, but the actions are in potential conflict with any provision of this MOU, the Union will be advised of any such proposed accommodation prior to implementation by the City.

The City will comply with all Federal and State requirements regarding Americans with Disabilities Act.

Article 25. Separability of Provisions

Should any section, or clause or provision of this MOU be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. In the event of such invalidations, the parties agree to meet and confer concerning substitute provision for the provisions rendered or declared illegal.

Article 26. No Strike or Lockout

During the term of this Agreement the Union agrees that there shall be no strike, slowdown or other concerted withholding of services from the City. The City agrees that during the term of this Agreement there shall be no lockout of employees.

Article 27. Management Rights

Except as limited by the express terms of this Memorandum of Understanding, the City retains all rights to manage all of the operations of the City.

Article 28. Miscellaneous Provisions

1. Short Term and Long Term Disability

The City agrees to continue its long term and short term disability insurance plan for the life of this agreement.

2. Employee Assistance Plan

The City agrees to continue an Employee Assistance Counseling Program for employees. Individuals eligible for coverage include employees and their household members. The term household members encompasses anyone living in the employee's household and can include, as examples, domestic partners, grandparents, siblings or grandchildren.

3. Drug and Alcohol Policy

Hercules' policy is designed to promote a drug -free workplace and to comply with appropriate state and federal law.

In recognition of the public service responsibilities entrusted to the employees 89 24

of Hercules, and because drug and alcohol usage can hinder a person's ability to perform duties safely and effectively, the City has adopted a policy on drug and alcohol testing. Please refer to your policies and procedures manual for a detailed outline of this policy.

Article 29. Term

The term of this agreement shall be from July 1, 2024 through June 30, 2025.

90 25

ATTACHMENT A

Position Status
Aquatics Pool Manager Non-Exempt
Recreation Aide Non-Exempt
Recreation Leader I/II Non-Exempt
Recreation Leader III Non-Exempt

Office Assistant I Non-Exempt
Office Assistant II Non-Exempt
Parking Enforcement Officer Non-Exempt
Recreation Specialist Non-Exempt

91 26

CITY OF HERCULES

__________________________________ __________________________ Dante Hall Date
City Manager

TEAMSTERS LOCAL 315

_________________________________ __________________________ Eric Wright
Negotiator Signature Date

_________________________________ __________________________ Glenn Moniz
Negotiator Signature Date

_________________________________ __________________________ Nick Berry
Negotiator Signature Date

92 STEP 1 Effective Date Annual Hours

BARGAINING UNIT/

EMPLOYEE GROUP POSITIONS GRADE ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY MONTHLY CONTRACT CITY MANAGER CM 293,550.1900 141.1299 7/1/2024 2080 ELECTED OFFICIAL COUNCIL MEMBER CCM 831.6000 12/10/2024 ELECTED OFFICIAL MAYOR CCM 831.6000 12/10/2024
ELECTED OFFICIAL VICE MAYOR CCM 831.6000 12/10/2024
EXECUTIVE CHIEF OF POLICE 057 189,650.1568 95.9768 199,132.7832 100.7757 209,089.6496 105.8146 219,544.0728 111.1053 230,520.9504 116.6604 242,047.1560 122.4935 7/1/2024 1976 EXECUTIVE CHIEF OF POLICE / ASSISTANT CITY MANAGER 57A 199,132.5856 100.7756 209,089.4520 105.8145 219,544.0728 111.1053 230,521.3456 116.6606 242,046.9584 122.4934 254,149.5632 128.6182 7/1/2024 1976 EXECUTIVE CITY CLERK 051 119,511.8392 60.4817 125,487.6584 63.5059 131,762.0512 66.6812 138,350.0352 70.0152 145,267.4184 73.5159 152,530.7992 77.1917 7/1/2024 1976 EXECUTIVE CITY CLERK / ASSISTANT CITY MANAGER 51A 125,487.4608 63.5058 131,762.0512 66.6812 138,350.2328 70.0153 145,267.6160 73.5160 152,530.7992 77.1917 160,157.3688 85.0513 7/1/2024 1976 EXECUTIVE CITY CLERK / PIO 052 129,072.5176 65.3201 135,526.9240 68.5865 142,302.4304 72.0154 149,417.8088 75.6163 156,888.6696 79.3971 164,733.1920 83.3670 7/1/2024 1976 EXECUTIVE CITY CLERK / PIO / ASSISTANT CITY MANAGER 52A 135,526.1336 68.5861 142,303.2208 72.0158 149,417.6112 75.6162 156,888.6696 79.3971 164,733.1920 83.3670 172,969.9504 87.5354 7/1/2024 1976 EXECUTIVE COMMUNITY DEVELOPMENT DIRECTOR 056 175,602.3776 88.8676 184,382.1408 93.3108 193,601.1688 97.9763 203,281.5928 102.8753 213,445.5440 108.0190 224,117.7224 113.4199 7/1/2024 1976

EXECUTIVE COMMUNITY DEVELOPMENT DIRECTOR / ASSISTANT CITY

MANAGER
56A 184,382.5360 93.3110 193,601.1688 97.9763 203,281.1976 102.8751 213,445.7416 108.0191 224,117.9200 113.4200 235,323.6184 119.0909 7/1/2024 1976
EXECUTIVE FINANCE DIRECTOR 056 175,602.3776 88.8676 184,382.1408 93.3108 193,601.1688 97.9763 203,281.5928 102.8753 213,445.5440 108.0190 224,117.7224 113.4199 7/1/2024 1976 EXECUTIVE FINANCE DIRECTOR / ASSISTANT CITY MANAGER 56A 184,382.5360 93.3110 193,601.1688 97.9763 203,281.1976 102.8751 213,445.7416 108.0191 224,117.9200 113.4200 235,323.6184 119.0909 7/1/2024 1976 EXECUTIVE PARKS & RECREATION DIRECTOR 054 150,550.4520 76.1895 158,077.8264 79.9989 165,981.6288 83.9988 174,281.0264 88.1989 182,995.1864 92.6089 192,144.8568 97.2393 7/1/2024 1976

EXECUTIVE PARKS & RECREATION DIRECTOR / ASSISTANT CITY

MANAGER
54A 158,078.0240 79.9990 165,981.6288 83.9988 174,280.6312 88.1987 182,994.9888 92.6088 192,144.8568 97.2393 201,752.1688 102.1013 7/1/2024 1976
EXECUTIVE PUBLIC WORKS DIRECTOR / CITY ENGINEER 057 189,650.1568 95.9768 199,132.7832 100.7757 209,089.6496 105.8146 219,544.0728 111.1053 230,520.9504 116.6604 242,047.1560 122.4935 7/1/2024 1976

EXECUTIVE PUBLIC WORKS DIRECTOR / CITY ENGINEER / ASSISTANT CITY

MANAGER
57A 199,132.5856 100.7756 209,089.4520 105.8145 219,544.0728 111.1053 230,521.3456 116.6606 242,046.9584 122.4934 254,149.5632 128.6182 7/1/2024 1976

MID-MANAGEMENT P UBLIC W
ORKS SUPERINTENDENT 253 122,032.8200 61.7575 128,134.5104 64.8454 134,540.7024 68.0874 141,268.1920 71.4920 148,331.4040 75.0665 155,747.7272 78.8197 7/1/2024 1976 MID-MANAGEMENT R ECREAT ION MANAGER 248 95,616.0712 48.3887 100,396.6080 50.8080 105,416.2408 53.3483 110,687.2208 56.0158 116,221.7992 58.8167 122,033.0176 61.7576 7/1/2024 1976 MID-MANAGEMENT S ENIOR ACCOUNTAN T 249 100,396.4104 50.8079 105,416.4384 53.3484 110,687.2208 56.0158 116,221.6016 58.8166 122,032.8200 61.7575 128,134.7080 64.8455 7/1/2024 1976 NON-REPRESENTED A CCOUNTING TECH NICIAN II 046 81,337.6928 41.1628 85,404.6960 43.2210 89,674.8320 45.3820 94,158.7712 47.6512 98,866.5912 50.0337 103,810.1480 52.5355 7/1/2024 1976 NON-REPRESENTED A DMINISTRA TIVE SPECIALIST 045 75,312.4736 38.1136 79,078.3344 40.0194 83,031.7176 42.0201 87,183.8864 44.1214 91,543.1400 46.3275 96,119.9512 48.6437 7/1/2024 1976 NON-REPRESENTED H UMAN RES OURCES ADMINISTRATOR 046 81,337.6928 41.1628 85,404.6960 43.2210 89,674.8320 45.3820 94,158.7712 47.6512 98,866.5912 50.0337 103,810.1480 52.5355 7/1/2024 1976 NON-REPRESENTED H UMAN RE SOURCES MANAGER 050 110,658.9640 56.0015 116,191.9616 58.8016 121,996.4616 61.7391 128,102.1040 64.8290 134,506.7152 68.0702 141,232.2288 71.4738 7/1/2024 1976 NON-REPRESENTED H UMAN RE SOURCES TECHNICIAN 045 75,312.4736 38.1136 79,078.3344 40.0194 83,031.7176 42.0201 87,183.8864 44.1214 91,543.1400 46.3275 96,119.9512 48.6437 7/1/2024 1976 NON-REPRESENTED P OLICE COMM ANDER 055 162,594.7648 82.2848 170,724.8192 86.3992 179,260.3488 90.7188 188,223.4848 95.2548 197,634.7776 100.0176 207,516.5560 105.0185 7/1/2024 1976 POA POLICE OFFICER PO 106,245.7760 51.0797 109,433.3760 52.6122 112,716.0320 54.1904 116,097.9040 55.8163 119,580.8640 57.4908 123,168.2400 59.2155 7/1/2024 2080 POA POLICE OFFICER TRAINEE PTR 95,621.1360 45.9717 7/1/2024 2080 POA POLICE SERGEANT SGT 125,596.4320 60.3829 129,363.9360 62.1942 133,245.2160 64.0602 137,242.5600 65.9820 141,359.5040 67.9613 145,600.6240 70.0003 7/1/2024 2080 PT UNBENEFITED ADMINISTRATIVE SECRETARY PT20 29.7239 31.2101 32.7706 34.4092 36.1296 37.9361 3/30/2025 PT UNBENEFITED FACILITY ATTENDANT PT1 16.9950 17.7987 18.6886 19.6231 20.6042 21.6344 3/30/2025 PT UNBENEFITED INTER ADMIN / ENG / PLANNING PT1 16.9950 17.7987 18.6886 19.6231 20.6042 21.6344 3/30/2025 PT UNBENEFITED LIFEGUARD / SWIM INSTRUCTOR I PT1 16.9950 17.7987 18.6886 19.6231 20.6042 21.6344 3/30/2025 PT UNBENEFITED LIFEGUARD / SWIM INSTRUCTOR II PT2 17.4597 18.3326 19.2494 20.2117 21.2224 22.2834 3/30/2025 PT UNBENEFITED SENIOR LIFEGUARD PT4 18.5230 19.4491 20.4216 21.4427 22.5149 23.6406 3/30/2025 PT UNBENEFITED SPORTS COACH / REFEREE PT1 16.9950 17.7987 18.6886 19.6231 20.6042 21.6344 3/30/2025 PT UNBENEFITED SWIM COACH PT6 19.6511 20.6337 21.6653 22.7486 23.8859 25.0803 3/30/2025 TEAMSTERS FT ACCOUNTING TECHNICIAN I 145 67,930.1376 34.3776 71,326.4864 36.0964 74,892.7712 37.9012 78,637.4888 39.7963 82,569.3336 41.7861 86,697.7904 43.8754 3/30/2025 1976 TEAMSTERS FT ASSISTANT ENGINEER 150 99,811.5144 50.5119 104,802.1000 53.0375 110,042.2544 55.6894 115,544.2288 58.4738 121,321.6576 61.3976 127,387.7800 64.4675 3/30/2025 1976 TEAMSTERS FT ASSISTANT PLANNER 149 92,417.5200 46.7700 97,038.1984 49.1084 101,890.2664 51.5639 106,984.7896 54.1421 112,333.8216 56.8491 117,950.6016 59.6916 3/30/2025 1976 TEAMSTERS FT ASSOCIATE ENGINEER 151 107,796.1352 54.5527 113,186.4656 57.2806 118,845.5320 60.1445 124,787.9568 63.1518 131,027.1768 66.3093 137,578.6048 69.6248 3/30/2025 1976 TEAMSTERS FT COMMUNITY DEVELOPMENT SPECIALIST 146 72,651.9872 36.7672 76,284.2704 38.6054 80,098.7408 40.5358 84,107.6496 42.5646 88,308.8232 44.6907 92,724.1952 46.9252 3/30/2025 1976 TEAMSTERS FT INFORMATION SYSTEMS ADMINISTRATOR 151 107,796.1352 54.5527 113,186.4656 57.2806 118,845.5320 60.1445 124,787.9568 63.1518 131,027.1768 66.3093 137,578.6048 69.6248 3/30/2025 1976 TEAMSTERS FT INFORMATION SYSTEMS SPECIALIST 148 85,571.4704 43.3054 89,850.1032 45.4707 94,342.7368 47.7443 99,059.6464 50.1314 104,012.6880 52.6380 109,213.3224 55.2699 3/30/2025 1976 TEAMSTERS FT LANDSCAPING AND LIGHTING PROGRAM COORDINATOR 147 79,233.2528 40.0978 83,194.9352 42.1027 87,354.8104 44.2079 91,722.7584 46.4184 96,308.6592 48.7392 101,124.1712 51.1762 3/30/2025 1976 TEAMSTERS FT MAINTENANCE AIDE 141 49,930.5560 25.2685 52,427.4296 26.5321 55,048.5936 27.8586 57,800.9640 29.2515 60,691.0616 30.7141 63,725.6048 32.2498 3/30/2025 1976 TEAMSTERS FT MAINTENANCE WORKER I 143 58,238.6480 29.4730 61,150.8768 30.9468 64,208.1440 32.4940 67,418.7488 34.1188 70,789.8048 35.8248 74,329.0184 37.6159 3/30/2025 1976 TEAMSTERS FT MAINTENANCE WORKER II M46 71,946.3576 36.4101 75,543.6656 38.2306 79,320.9872 40.1422 83,286.8192 42.1492 87,451.2392 44.2567 91,823.9296 46.4696 3/30/2025 1976 TEAMSTERS FT MANAGEMENT ANALYST 147 79,233.2528 40.0978 83,194.9352 42.1027 87,354.8104 44.2079 91,722.7584 46.4184 96,308.6592 48.7392 101,124.1712 51.1762 3/30/2025 1976 TEAMSTERS FT POLICE SUPPORT SPECIALIST 145 67,930.1376 34.3776 71,326.4864 36.0964 74,892.7712 37.9012 78,637.4888 39.7963 82,569.3336 41.7861 86,697.7904 43.8754 3/30/2025 1976 TEAMSTERS FT PUBLIC WORKS INSPECTOR / SPECIALIST 147 79,233.2528 40.0978 83,194.9352 42.1027 87,354.8104 44.2079 91,722.7584 46.4184 96,308.6592 48.7392 101,124.1712 51.1762 3/30/2025 1976 TEAMSTERS FT RECREATION COORDINATOR 146 72,651.9872 36.7672 76,284.2704 38.6054 80,098.7408 40.5358 84,107.6496 42.5646 88,308.8232 44.6907 92,724.1952 46.9252 3/30/2025 1976 TEAMSTERS FT RECREATION SUPERVISOR 147 79,233.2528 40.0978 83,194.9352 42.1027 87,354.8104 44.2079 91,722.7584 46.4184 96,308.6592 48.7392 101,124.1712 51.1762 3/30/2025 1976 TEAMSTERS FT RECREATION TECHNICIAN 145 67,930.1376 34.3776 71,326.4864 36.0964 74,892.7712 37.9012 78,637.4888 39.7963 82,569.3336 41.7861 86,697.7904 43.8754 3/30/2025 1976 TEAMSTERS FT SENIOR CLERK 143 58,238.6480 29.4730 61,150.8768 30.9468 64,208.1440 32.4940 67,418.7488 34.1188 70,789.8048 35.8248 74,329.0184 37.6159 3/30/2025 1976 TEAMSTERS FT SENIOR PLANNER 151 107,796.1352 54.5527 113,186.4656 57.2806 118,845.5320 60.1445 124,787.9568 63.1518 131,027.1768 66.3093 137,578.6048 69.6248 3/30/2025 1976 TEAMSTERS PT AQUATICS POOL MANAGER PT12 23.4644 24.6376 25.8695 27.1630 28.5211 29.9471 3/30/2025 TEAMSTERS PT OFFICE ASSISTANT I PT1 16.9950 17.7987 18.6886 19.6231 20.6042 21.6344 3/30/2025 TEAMSTERS PT OFFICE ASSISTANT II PT2 17.4597 18.3326 19.2494 20.2117 21.2224 22.2834 3/30/2025 TEAMSTERS PT PARKING ENFORCEMENT OFFICER PT18 28.0176 29.4186 30.8895 32.4340 34.0557 35.7584 3/30/2025 TEAMSTERS PT RECREATION AIDE PT1 16.9950 17.7987 18.6886 19.6231 20.6042 21.6344 3/30/2025 TEAMSTERS PT RECREATION LEADER I PT2 17.4597 18.3326 19.2494 20.2117 21.2224 22.2834 3/30/2025 TEAMSTERS PT RECREATION LEADER II PT7 20.2405 21.2526 22.3153 23.4310 24.6026 25.8326 3/30/2025 TEAMSTERS PT RECREATION LEADER III PT11 22.7809 23.9200 25.1159 26.3717 27.6903 29.0749 3/30/2025 TEAMSTERS PT RECREATION SPECIALIST PT4 18.5230 19.4491 20.4216 21.4427 22.5149 23.6406 3/30/2025 Last Revised 03/11/2025
Adopted by City Council 03/25/2025
STEP 6
FY 2024-2025 SALARY SCH
EDULE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
93 CON

SENT CALENDAR

AGENDA ITEM

4. 25-095
94 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 25, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director
SUBJECT: 2024 Annual Housing Element Progress Report
RECOMMENDED ACTION:

Accept the report and direct staff to submit the 2024 Annual Housing Element Progress Report (Attachment 1) to the California Department of Housing and Community Development (HCD) by minute order.

BACKGROUND:

Government Code Section 65400 requires each local government to complete a Housing Element Annual Progress Report (APR) on the status and progress in implementing the jurisdiction’s Housing Element. The annual report is submitted to the Department of Housing and Community Development (HCD) and the Governor’s Office of Land Use and Climate Innovation by April 1st of each year for the prior calendar year. In the Bay Area, copies of the approved Housing Element APR report are also forwarded to the Association of Bay Area Governments (ABAG) and Contra Costa Transportation Authority (CCTA).

The report must also be reviewed by the local governing body, which can be done before or after submitting to the State. After review by the City Council, staff will submit the APR to HCD and other agencies to ensure compliance with the State deadline of April 1, 2025, for the 2024 reporting period.

HCD provides a standard template that cities complete to fulfill statutory requirements for reporting on housing information – including housing production and affordability, 25-0955
95 implementation of Housing Element programs, and local efforts to remove governmental constraints to the development of housing.

The City Council may accept the report via minute action instead of by resolution.

ANALYSIS:

The draft Hercules 202 4 Annual Housing Element Progress Report (Attachment 1) provides a comprehensive overview of the City's progress within the 2023-2031 Housing Element cycle. It effectively outlines the number of new residential units constructed during the reporting period, categorizing them by income levels. This breakdown all ows for a detailed examination of how well the City is meeting the diverse housing needs of its residents.

One key aspect of the report is its comparison of the new residential units to the regional housing needs allocation (RHNA) assigned to the City for the entire Housing Element period (2023-2031). This comparison offers valuable insight into whether the City is on track to meet its mandated housing targets. By assessing progress against the RHNA, city planners and stakeholders can identify areas of success and areas that may require additional focus or resources.

Furthermore, the report delves into the many new housing policies and programs mandated by the state through the Housing Element review process, providing an analysis of the progress made in achieving the goals, metrics and timelines outlined within these policies. The Council’s attention is directed in particular to Table D of the report, which discusses each of the 24 housing programs identified in the Housing Element, including the objectives, status of program administration, and targeted timeframes and metrics. Most of these programs are new to Hercules and will require considerable additional staff effort, as well as consultant assistance, to successfully administer. Staff anticipates that an appropriation for consulting services to support housing programs will be included in the draft Fiscal Year 2025-26 budget.

Overall, the draft Hercules 202 4 Annual Housing Element Progress Report serves as a vital tool for monitoring and evaluating the City's efforts to address housing challenges.

The report’s detailed analysis provides valuable insights that can inform future policy decisions and resource al locations to ensure continued progress towards meeting the housing needs of Hercules residents.

Summary
Table A2 in the Annual Housing Report for 2024 requires the reporting of the following for every housing unit:
 When entitlements are approved;
 When building permits are issued;
96  When certificates of occupancy are approved;
 Affordability of all units in any phase of development; and,  Additional information regarding other ancillary information.

Key housing information for 2024 reflected in the report includes:
 Table A: A total of 172 units, including One (1) Accessory Dwelling Unit (ADU) and 171 units within the Waterfront District Master Planning area were submitted for entitlement approval during 2024. Of the 171 units, 10 are low-income deed restricted.
 Table A2: These units received entitlement, building permit or certificate of occupancy, including:
o Two (2) ADUs and 15 single family dwellings (Owl Ranch Subdivision), one (1) of which is Low-Income Deed Restricted, received building permits.
 Table B: Progress on Regional Housing Needs Allocation (RHNA) for the 2023- 2031 housing cycle:
o 18 above-moderate income affordable (i.e., market rate units), 309 units short of RHNA of 327 units;
o Zero (0) moderate-income affordable units (i.e., affordable at up to 120% of area median income), 126 units short RHNA of 126 units; o One (1) low-income affordable unit (i.e., affordable at up to 80% of area median income), 197 units short of RHNA of 198 units;
o Zero (0) very low-income affordable units (i.e., affordable at up to 50% of area median income), 172 units short of RHNA of 172 units.  Table C: No sites identified or rezoned to accommodate additional housing.  Table D: The City made progress in implementing many objectives required by the 2023-2031 Housing Element. Key progress includes updates to the City’s website to provide project-specific checklists and webpages concerning ADUs, SB 9, SB 35, and SB 330. In addition, the City updated the Zoning Code regulations pertaining to density bonus standards, development standards, use permit findings, design review findings, residential care facilities and reasonable accommodation procedures, and adopted a Sewer Priority Policy resolution. Staff anticipates that the City's draft FY 25-26 budget will include a General Fund appropriation to bring a consultant on board to assist with implementing many of the new housing programs, including first-time homebuyer assistance, affordable housing partnerships and funding source, expansion of housing choice voucher use, developing guidelines and criteria for replacing affordable housing replacement units within development projects, fair housing assistance and outreach, and developer convenings.
 Table E: No commercial development bonuses approved.
 Table F: No affordable units rehabilitated, preserved, or acquired.  Table F2: No above-moderate income units converted to moderate income units.  Table G: No City-owned land sold, leased, or otherwise disposed. 97  Table H: No City-owned surplus lands.
 Table J: No lower-income student housing.
 Table K: The City adopted a local tenant prioritization provision in 2021 as part of its Affordable Housing Policy and then updated the policy in 2024, retaining the local tenant prioritization provision.
 LEAP Reporting: Local Early Action Planning grant and other funding (Regional Early Action Planning (REAP)) received.

The City received a LEAP grant award in 2021 of $150,000 to apply towards the update of the Housing Element for the 6th Cycle Housing Element update (2023–2031). On June 24, 2024, the City received a 90% disbursement of the grant, totaling $135,000. The final $15,000 was received in December 2024 , which successfully closed out the grant. The City was also granted and received reimbursement of $20,000 in REAP grant funding.

FISCAL IMPACT:

No direct financial impact of filing the annual housing report; however, failing to file the annual housing report can negatively impact the potential receipt of various grant and regional funds.

ATTACHMENTS:

1. LEAP Report

2. Summary

3. Tables A-K
98 Jurisdiction Hercules
Reporting Year 2024 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Housing Element consultant
initiation $1,000.00 $1,000.00 Local General
Fund
Housing Element and document
assessment $5,000.00 $5,000.00 Local General
Fund
Preliminary RHNA site identification $9,000.00 $9,000.00 Local General Fund
Community engagement $22,000.00 $22,000.00 Local General Fund
Draft Housing Element $40,000.00 $40,000.00 REAP $20,000 REAP Grant Public review of draft Housing
Element $5,000.00 $5,000.00 Local General
Fund
General Plan/Zoning consistency
analysis $7,000.00 $7,000.00 Local General
Fund
Housing Element review & adoption
hearings $12,000.00 $12,000.00 Local General
Fund
HCD review / coordination /
approval $6,500.00 $6,500.00 Local General
Fund
Final Housing Element $2,500.00 $2,500.00 Local General Fund
CEQA document $40,000.00 $40,000.00 Local General
Fund
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
15 16
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
150,000.00$
Task Status
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
99 Jurisdiction Hercules
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 1
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
15 16
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 14 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 2 0
Mobile/Manufactured Home 0 0 0
Total 0 16 0
Infill Housing Developments and Infill Units Permitted # of Projects Units 16 16
0 0
2 172
1 0
0 0
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
100
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Applications Units Ministerial 1 1
Discretionary 1 171
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 24 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 423 Streamlining Permits
101
Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 3 4 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income
Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by
project
Total

DISAPPROVED
Units by Project
Please select state
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
requested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 0 10 0 0 0 162 172 1 0 404-730-012-6 None
Waterfront Block K-

L-M-O & P
DRP 24-02,
TPM 24-01 &
PDP 24-01 SFA O 12/20/2024 10 161 171 NONE No No Pending Discretionary Additional APN: 404-730-003-5 0 0
0 0
407-044-018 130 Cinnabar Way BIR24-012830 ADU O 11/12/2024 1 1 1 NONE No N/A Approved Ministerial Revisions under building permit review 0 Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
102
Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table A2
2 3 5
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0
404-061-051 349 Skelly Owl Ranch BIR23-004240 SFD O
404-061-062 328 Skelly Owl Ranch BIR23-004243 SFD O
404-061-061 316 Skelly Owl Ranch BIR24-008222 SFD O
404-061-050 355 Skelly Owl Ranch BIR24-011442 SFD O
404-061-052 343 Skelly Owl Ranch BIR24-011444 SFD O
404-061-053 337 Skelly Owl Ranch BIR24-011445 SFD O
404-061-048 367 Skelly Owl Ranch BIR24-012396 SFD O
404-061-049 361 Skelly Owl Ranch BIR24-012414 SFD O
404-061-046 379 Skelly Owl Ranch BIR24-012561 SFD O
404-061-047 373 Skelly Owl Ranch BIR24-012563 SFD O
404-061-044 184 McLeod Owl Ranch BIR24-013116 SFD O
404-061-045 190 McLeod Owl Ranch BIR24-013117 SFD O
404-061-064 187 McLeod Owl Ranch BIR24-013118 SFD O
404-061-065 181 McLeod Owl Ranch BIR24-013119 SFD O
407-301-007 475 Falcon Way ADU BIR23-010657 ADU O
406-331-010-8 1890 Lupine Rd ADU BIR24-000610 ADU O
1 Unit Types Affordability by Household Incomes - Completed Entitlement 4 Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 103
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
13 14 15 16 17 18 19 20 21 22 23 24 25
How many of the
units were
Extremely Low
Income?
Please select the
state streamlining
provision the
project was

APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 0
NONE Y
NONE Y
NONE Y
NONE Y
NONE Y
NONE Y
NONE Y
NONE Y Other Affordable Housing Covenant 55
NONE Y
NONE Y
NONE Y
NONE Y
NONE Y
NONE Y
NONE Y
NONE Y
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus 104
Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - 1 - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 327 1 2 15 - - - - - - - 18 309 995
1 2 16 - - - - - - - 19 976 5 6 7
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date
Total Units
Remaining
172 - - - - - - - - - - 172 VLI Deed Restricted
VLI Non Deed Restricted
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 126
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
- Moderate
344
198
126
Please contact HCD if your data is different than the material supplied here 1 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
344
197
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. 105
Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-
Income Low-Income Moderate-Income Above Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
0 0 0 0 0
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
106
Jurisdiction Hercules
Reporting Year 2024 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program H1-1: First-Time
Homebuyer Assistance
Programs
Support first-time low- and moderate-
income home buyers by connecting them
to the Down Payment Assistance
program, encouraging application to the
Federal Home Ownership Program.

Publicize housing assistance programs
and provide information on these
programs on the City’s website and via
social media, through flyers posted at
City facilities, and via staff assistance at
City Hall.

Annually
The City's draft FY 25-26 budget includes a General Fund appropriation to bring a consultant on board to assist with implementing this and other housing programs beginning in July 2025. No inquiries hav e been received and no referrals made as of the date of this re port. Flyers with information on housing assist ance programs are available at City Hall.

Program H1-2: Affordable
Housing Partnerships
and Funding Sources
Increase affordable housing activities like
construction, rehabilitation, and financial
assistance to renters and owners.

Provide loans and grants to maintain a
high-quality affordable housing stock, and
actively support efforts to secure
additional affordable housing funding
sources.

By 2031; Outreach
Annually.

The City's draft FY 25-26 budget includes a General Fund appropriation to bring a consultant on board to assist with implementing this and other housing programs, including preparation of a NOFA for Housing Asset Funds, beginning in July 2025. Affordable housing pr ogram information is posted on the City website. Staff is in active d iscussions with an affordable housing developer, Community Hous ingWorks, regarding development of a vacan t site near the planned Hercules Hub, and the City has assisted their fundraising effort with a letter. Three other SB 330 and/or Builder's Remedy projects that are proposed or under review include 81 low-income units.

Program H1-3: Housing
Choice Voucher Program
1) Expand the location of participating
voucher properties. 2) Continue to
support the HCV section 8 program,
promote HCV usage in higher resource
areas, and work with the Contra Costa
Housing Authority to increase HCV use in
Hercules. 3) Continue to support the
HCV program, promote HCV usage to
protected/vulnerable populations, and
work with the Contra Costa Housing
Authority to increase HCV use in
Hercules. 4) As part of Program H4-4
(Outreach Plan), conduct outreach to
landlords to expand participating voucher
properties, targeting Tract 3581.04. 5) As
part of Program H4-4 (Outreach Plan),
conduct outreach and tenant/landlord
education through community events and
public forums regarding income
discrimination and voucher programs.
1) By 2031 2) Annually 3)
Annually - website by 2024
4) Annually 5) Annually
The City's draft FY 25-26 budget includes a General Fund appropriation to bring a consultant on board to assist with implementing this and other housing programs beginning in July 2025.
1) No voucher driven development projects have been proposed. 2 & 3) The City's draft FY 25-26 budget includes a General Fund appropriation to bring a consultant on board to assist with im plementing this and other housing program s beginning in July 2025. HCV information has been added to the City website. 4 & 5) In July 2024, staff referred the new management of a multifamily building at the Bayfront to the County HCV program for landlords.

No inquiries from residents of tract 3591.04 have been received. Approximately 184 of the 949 condominium units within that tract appear to be rented, so those addresses will be targeted for HCV outreach to both tenants and landlords.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as ident ified in the housing element .

Table D
Program Implementation Status pursuant to GC Section 65583 107
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as ident ified in the housing element .

Program H1-4: Monitor
and Preserve Affordable
Housing and At-Risk
Housing
1) Monitor affordable housing projects in
the city and preserve all affordable units.
2) Throughout the planning period, utilize
CDBG or other funds, as available, to
provide financial assistance for minor
repairs of homes owned and occupied by
lower-income residents. Eligible repairs
include plumbing, electrical, painting,
carpentry, roof, and masonry, with a goal
of assisting 16 households.

Ongoing
1) Staff has verified with property managers and/or owners that 426 of the 485 existing affordable housing units in Hercules are protected well beyond the 6th cycle, into the 2050s and beyond. Approximately 26 units at The Arbors that are protected by TCAC will exp ire in September 2029; however, the owner, BRIDGE housing, has indicated that it is their policy to keep all units affordable for as long as they own the property, and that the remaining 33 affordable units in the building are protected until 2043. 2) Staff has publicized the Earthquake Brace & Bolt grant program and met to discuss home repair progr ams with two providers in January 2025. Habitat for Humanity, w hich formerly administered the County's Neighborhood Preservation Program, now only works with agencies that can spend $250,000 or more annually on such programs, which is not feasible or appropriate for Hercules. Staff has held pr omising discussions with Rebuil ding Together East Bay Network regarding a smaller-scale home repair program in line with Hercules's needs and resourcs.

Program H1-5: Code
Enforcement
Inspect all inquiries of code enforcement
violations Annually
All inquiries of code enforcement violations continue to be ins pected. In 2024, the City of Hercules invested time and financi al resources by purchasing, configuring and deploying a GOGov Code Enforcement software module to provide an efficient review, tracking and re solution of Code Enforcement cases.

Program H2-1: Ensure
Adequate Sites to
Accommodate Regional
Fair Share of Housing
Growth
Maintain an inventory of available sites
for residential development and provide it
to prospective developers, continue to
track new housing projects and progress
toward meeting the City’s RHNA, and
create a regulatory environment that
enables the private market to build a
variety of housing types and income
levels.

By 2025: Inventory. By end
of 2025: Pass resolution to
pursue development on
Caltrans site. By 2027:
development partnership to
pursue decertification/
disposition of Caltrans site.

By end of 2028:
replacement site(s)
identified and rezoned as
needed if development not
feasible.

The CIty's Housing Element sites inventory is posted on the CIty website and updated as needed. Repl acement sites are anticipa ted to be identified through the forthcom ing General Plan Land Use update.

Program H2-2: Mixed-Use
and TOD Sites Lot
Consolidation
Continue to facilitate construction of
residences in mixed-use zones and
within the transit-oriented Waterfront
District Plan area and continue to provide
incentives for lot consolidation of parcels
in mixed-use areas.

By 2031; Outreach
Annually.

Two SB 330 residential projects that include 45 affordable unit s are under review within the Wate rfront District Master Plan. A third proposed project within the WDMP area could include approximate ly 120 additional affordable units. Incentives for lot consolidation through rounding up of allowable dwelling units remain in place, althou gh the city's mixed-use areas do not contain any small parcels that would benefit from
consolidation.

Program H2-3: Senior
Housing
1) Conduct a comprehensive analysis of
the current Zoning Ordinance to identify
areas where adjustments can be made to
better accommodate the development of
senior housing. 2) Engage with
stakeholders, including local senior
advocacy groups, developers, and
residents, to gather input and insights on
the specific needs and preferences of the
senior population in Hercules. 3) Review
and revise the Zoning Ordinance to
provide appropriate standards to
encourage development of senior
housing.
1) By 2024 2) By 2025 3)
By 2026
1 & 3) Zoning code amendments adopted in January 2025 (Ord. 554) removed the Conditional Use Permit requirement for senior and multifamily housing, making thes e permitted uses in residential and mixed-use zones. Staff has analyzed the zoning ordinance and did not identify any further adjustments needed to facilitate senior ho using, which already benefits from provisions in the zoning code including reduced parking citywide and zero required parking in the Water front District. No new senior housing has been proposed. 2) Additional outreach to stakeholders will be conducted as par t of the General Plan update that will commence in Fall 2025. 108
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as ident ified in the housing element .

Program H2-4: Accessory
Dwelling Units (ADUs)
1) Encourage conversion of unpermitted
ADUs without penalty and provide
information to the applicant/homeowner.
2) Encourage ADU development by
developing an ADU information packet,
coordinate with neighboring jurisdictions
to participate in educational opportunities,
and monitor ADU permit applications and
approvals. 3) Participate in regional
efforts to pre-approve ADU plans for
County residents, including Hercules
residents
1) Annually 2) Complete
information packet by
2025; Facilitate
development of 16 ADUs
by 2031. 3) Participate in
annual regional efforts.
1) No unpermitted ADUs have been identified.
2) The City's ADU Ordinance was updated on January 10, 2023 (Ordinance No. 543) to comply with state law. The City created an ADU webpage, checklist, and informat ional handout to support ADU construction. (https://www.herculesca.gov/government/planning/pla nning- applications/accessory-dwelling-units)
3) Staff participated in ABAG's ADU Regional Working Group thr oughout 2024.

Program H2-5: Alternative
Housing Models
Encourage the provision of innovative
housing types that may be suitable for the
community, including modular homes,
middle housing types, community care
facilities, supportive housing, and
assisted living for seniors, through
discussions with developers.

By 2026: update zoning as
required. Annually (as part
of annual outreach to
developers to promote
alternative housing)
Zoning code amendments adopted in January 2025 (Ord. 554) added a definition of "manufactured home" consistent with HSC 18007, as may be amended, and clarifying that manufactured homes are perm itted in any residential zone where a conventional single-famil y detached dwelling is permitted, subject to the same density and property development standards. The City's draft FY 25-26 budget includes a General Fund appropriation to bring a consultant on board to assist with implementing this and other housing programs beginn ing in July 2025.

Program H2-6: No Net
Loss
Government Code §65863 states that no
jurisdiction shall “reduce, or require, or
permit the reduction of, the residential
density for any parcel to, or allow
development of any parcel at, a lower
residential density, or allow development
at a lower residential density than
projected” for sites identified in the
Housing Element sites inventory unless
the jurisdiction makes written findings
that the reduction is consistent with the
General Plan, and that the remaining
sites identified in the Housing Element
are adequate to accommodate the
jurisdiction’s need
Ongoing evaluation of
residential development
proposals for consistency
with goals and policies of
the General Plan and the
2023-2031 Housing
Element sites inventory.

The City of Hercules has not reduced, required, or permitted th e reduction of residential densit y for any parcel to, or allow developmentof any parcel at, a lower residential density, or allow development at a lower residential density than projected for sites identified in the Housing Element sites inventor y. If a proposed reduction of residential density will result in the residential sites inventory failing to accommodate the RHNA by income level, the City will identify an d make available additional adequate sites to accommodate its s hare of housing need by income level within 180 days of approving the reduced density project.

Program H2-7:

Replacement of Units on
Sites
1) Establish clear guidelines and criteria
for determining the affordability of
replacement units based on the income
levels of previous occupants and make
this information available to stakeholders
and developers. 2) Implement monitoring
and enforcement mechanisms to track
the progress of affordable housing
replacement within development projects.
1) By 2025; 2) By 2026
The City's draft FY 25-26 budget includes a General Fund appropriation to bring a consultant on board to assist with implementing this and other housing programs beginning in July 2025.
1) Guidelines and criteria for determining the affordability of replacement units have not yet been created. 2) Enforcement mechanisms to trac k the progress of affordable housing replacement within devel opment projects have not yet been established.

In addition, the one project containing units whose protection may expire during this cycle, The Arbors, also contains other u nits protected until 2043 and is thus not a candidate for redevelopment during this cycle.

Program H2-8:

Development on
Nonvacant Sites
1) Identify and prioritize nonvacant sites.
2) Enhance opportunities for adaptive
reuse of nonresidential existing buildings
for housing. 3) Facilitate housing
development on nonvacant sites by
updating codes and ordinances to
accelerate the approval process.

By 2031; Outreach
Annually.
1) Nonvacant sites are identified in the sites inventory, and all development appications are rev iewed within statutory timelines by the City's very small staff. Should any development applications on nonvac ant sites be received, staff would prioritize them ahead of other applications to the extent possible. Additional nonvacant sites sutiable for housing may be identified in the forthcoming General Plan Land Use element update.
2) No such opportunities have been identified. The city's exist ing nonresidential building stock is primarily retail or light industrial structures that are generally not suitable for residential conversion, often with deed restrictions and/or covenants that prohibit residential uses. 3) Zoning code amendments to stream line approvals by removing Conditional Use Permit requirements were adopted in January 2025 (Ord. 554)
109
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as ident ified in the housing element .

Program H3-1: Zoning
Code Amendments
1) Density Bonus 2) Development
Standards 3) Use Permit Findings 4)
Design Review Findings 5) Residential
Care Facilities 6) Reasonable
Accommodation Procedures 7)
Emergency Shelters 8) Supportive and
Transitional Housin
g
Amendments approved by
January 31, 2025
1) Density Bonus standards were updated on April 9, 2024 (Ordinance No. 551) to comply with state law and adopt SDBL by reference. 2-6) Development Standards, Use Permit Findings, Design Review Findings, Residential Care Facilities and Reasonable Accommodation Procedures were updated on February 11, 2025 (Ordinance No. 554). 7-8) Zoning amendments for Emergenc y Shelters and Supportive and Transitional Housing were approved on February 13, 2024 (Ordinance No. 549).

Program H3-2: Housing
for Extremely Low-
Income and Low-Income
Households
Encourage and remove constraints on
housing for extremely low-income
households by supporting the
establishment of transitional and
supportive housing, applying the same
residential zoning restrictions, complying
with AB 101 (Low- Barrier Navigation
Centers), and prioritizing funding for
extremely low-income projects.

By 2025; Outreach
Annually
The City updated the Zoning Code effective February 22, 2023, to comply with AB 2162 (Ordinance No. 544). To comply with requirements of AB 2162, that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonre sidential zones permitting multifamily u ses, if the proposed housing development meets specified criteria , Land Use Regulation Tables 13-6.1, 13-

12.1, 13-15.1, and 13-18.1 changed Supportive Housing from Admi nistrative or Conditional Use Permit requirement to a Permitted Use.

On February 13, 2024, Ordinance 549, the City also amended provisions of the Hercules Municipal Code (Table 13-6.1), Chapter 13-35 (Section 13-35.258. Emergency Shelters), and Chapter 13-60. Definitions, pursuant to California Assembly Bill 2339 and amended Hercules Municipal Code (Table 13-12.1, 13-15.1 and 13-18.1), Chapter 13-35 (Section 13-35.260. Low-Barrier Navigation Centers), and Chapter 13-60 Definitions, pursuant to California Assembly Bill 101. In addition, staff is in active discussions with an affor dable housing developer, Community HousingWor ks, regarding development of ver y-low and low-income housing on a vacant site near the planned Hercules Hub, and the City has assisted their fundraising effort with a letter.

Program H3-3:

Development Approval
Process Streamlining
1) Provide timely review of discretionary
and non-discretionary residential
development requests, with fees
sufficient only to cover the actual costs
(direct and overhead) incurred by the
City. Periodically evaluate land
development processing procedures to
ensure that project review is
accomplished in the minimum time
necessary to implement the General Plan
and ensure public health, safety, and
welfare protection. 2) Notify local
developers about the SB 35 and SB 330
procedures and information that is
available on the City’s website.
3) Objective Design Standards are
already in place for most of the City’s
growth areas. Based on grant availability,
annually apply for funds to expand the
City’s Objective Design Standards to
multi- family projects citywide with the
goal of completing the standards by the
end of 2026.

Annual Review &
Expansion of Citywide
Objective Design Stds for
Multi-family by end of 2026
1) Application fees are reviewed on an annual basis and are structured to cover actual costs. The CIty updated permit fees in 2024 based on a comprehensive fee study.
2) Staff updated the City's website and developed an SB 35 stre amlining informational handou t, checklist, and application (https://www.herculesca.gov/government/senate-bill-35-streamlined-affordable-housing). A webpage and application have been prepared for SB 330 (https://www.herculesca.gov/government/planning/sb-330-housing-crisis-act). 3) City-wide Objective Design Standards for multi-family projects have not yet been created, but objective design standards ar e in place for the Waterfront District through t he Wasterfront District Master Plan. 110
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as ident ified in the housing element .

Program H3-4: Reduce
Parking Constraints for
New Development
1) Monitor revisions to state law and
revise City ordinances as needed to
comply with any reductions in parking
requirements. 2) Continue to allow
concessions of parking requirements for
senior housing, consistent with Zoning
Ordinance Section 13-32.1, as well as
allowing a zero-parking requirement for
senior and affordable housing units within
the Waterfront District Master Plan. 3)
Continue to monitor and apply Ordinance
536, which can reduce or completely
waive parking requirements to encourage
new development
Ongoing
1) City staff has continued to monitor State law related to red uctions in parking requirements. 2) Concessions to parking standards for senior housing are allowed subject to Hercules Municipal Code Table 13-32.1. 3) Hercules Municipal Code Section 13-32.500 Parking Exceptions , will continue to be provided as an option for new development.

Program H3-5:

Nongovernmental
Constraints
1) Identify non-governmental constraints
affecting development processes and
regulations. 2) Collaborate with
stakeholders to gather insights and
perspectives on potential revisions to
alleviate constraints. 3) Propose and
implement necessary revisions to
development regulations or processes to
address identified constraints. 4) Monitor
the effectiveness of implemented
revisions and adjust as needed to ensure
continual improvement in facilitating
development
Ongoing
1) Developers have indicated to staff that the feasibility of multifamily development in Hercules is constrained primarily by the lack of available project financing due to rising interest rates and construction costs coupled with declining prevailing rents in the subregion, all of which are outside of the City's ability to influence.
2-4) The City's draft FY 25-26 budget includes a General Fund a ppropriation to bring a consultant on board to assist with impl ementing this and other housing programs beginning in July 2025.
111
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as ident ified in the housing element .

Program H3-6:

Infrastructure Master
Planning
1) By January 31, 2025, adopt sewer
services to affordable housing projects
(SB 1087). 2) Upon adoption of the
Housing Element, provide a copy to
EBMUD (SB 1087). 3) Review the
General Plan and engage stakeholders
from diverse backgrounds to gather input
and insights on local development needs
and infrastructure requirements. The City
will complete CIP projects to facilitate
neighborhood improvements which may
include, but are not limited to: • Refugio
Park Tree Replacement and Shade
Structures (central Hercules) –
Approximately 70 trees have been
installed and additional improvements
are anticipated commence in 2025
(shade structures, pathways, etc.) • The
Hercules Hub (southwestern Hercules) –
The Hercules Hub is a regional, state-of-
the-art housing and transportation
development. It will connect thousands of
housing units with a new train stop along
the Capitol Corridor, bicycle and
pedestrian pathways, bus routes, carpool
options, and a future ferry service. A ferry
feasibility study has been completed and
the City has a consultant team engaged
in seeking additional federal, state and
regional grant funding to complete the
1) By Jan. 31, 2025. 2)
Upon adoption. 3) By 2030
(Five year CIP)
1) The Hercules-Pinole Water Control Polution Plant is operated by the City of Pinole. On Marc h 11, 2025, the Hercules City Council adopted a resolution finding that the City of Pinole's Sewer Pr iority Policy meets the requirements of SB 1087. 2) A copy of t he adopted Housing Element was provided to EBMUD on January 16, 2025. 3) Infrastructure improvements necessary for development will be fu rther studied as part of the forthcomi ng General Plan update process.

Program H4-1: Housing
for Persons with Special
Needs
1) Prioritize development projects that
include a component for special-needs
groups with the goal of creating 35 units
of special needs housing. Revise and
streamline the Zoning Ordinance
associated with the approval of
residential care facilities. Lastly,
encourage developers of single- family
homes to incorporate universal design.
2) Make available information from
HomeMatch Contra Costa for their
services for older adults, including shared
housing, extra income, or assistance with
home maintenance. 3) Develop a
program to prioritize City funding
proposals, should funding become
available or identified, to affordable
housing developments that are
committed to supporting special needs
residents
1) By 2031; Outreach
Annually. 2) By 2024;
Annually. 3) By 2025
1) The City adopted Ordinance No. 544 in 2023, providing a mini sterial approval process and remo ving the requirement for a Conditional Use Permit or other similar discretionary entitlements for Supportive Housing and Transitional H ousing where multifamily and m ixed-use development is permitted. In addition, staff has participated in several pre-appication discu ssions with an affordable housing developer, Community HousingWorks, regardi ng a potential affordable housing development with supportive services and units reserved for p eople with intellectual and developmental disabilities. The developer of the approved Owl Ranch subdivision confirmed that all 40 of their units are all designed with at least one bedroom and bathroom with gr eater door widths, and 25 units with a bedroom and full bathroo m downstairs. 2) Information on Home Match has been added to the City website (https://www.hercu lesca.gov/government/affordable- housing). 3) The City's draft FY 25-26 budget includes a General Fund appropriation to bring a consultant on board to assist with implementing this and other hous ing programs, including prepara tion of award criteria and a NOFA for the City's Housing Asset Funds, beginning in July 2025
112
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as ident ified in the housing element .

Program H4-2: Fair
Housing Services
1) Assist households through FHANC
and ECHO Fair Housing, providing fair
housing services and educational
programs concerning fair housing issues.

Refer fair housing complaints to ECHO
and consider providing funding support.
2) Promote fair housing practices,
including advertisements on the City’s
website, and provide educational
information on fair housing to the public.
3) Seek opportunities to attend public
events or provide information to event
organizers at gatherings designed to
inform the public about governmental
services.

Annually
1) The City's draft FY 25-26 budget includes a General Fund appropriation to bring a consultant on board to assist with implem enting this and other housing programs beginning in July 2025. One fair housing inquiry was received and referred to ECHO in 2024. 2) FHANC information has been added to the City website, which has also been updated to include cu rrent contact information for ECHO Fair Housing and Bay Area Legal Aid. (https://www.herculesca.gov/government/affordable-housing). 3) Fair Housing information is available at all events held in the Council Chamber, including tw o community meetings held in March 2024.

Program H4-3:

Affirmatively Furthering
Fair Housing
1) Promote awareness of federal, state,
and local regulations through the City
website, at local public centers, at City
and at Council meetings yearly.

Implement an accessibility policy that
establishes standards and procedures for
providing equal access to City services,
ensures all applications are considered,
reviewed, and approved without
prejudice, and continue to implement the
Analysis of Impediments to Fair Housing
Choice and HUD Consolidated Plan.

Lastly, ensure all community
stakeholders are engaged by conducting
public meetings at suitable times, in
accessible places, and provide
translation services as needed. 2)
Conduct or participate in biannual
developer convenings
2024 for "impediments" &
2025 for multilingual
strategy
1) The City's draft FY 25-26 budget includes a General Fund appropriation to bring a consultant on board to assist with implem enting this and other housing programs beginning in July 2025.
2) No convenings were held or participated in during 2024, but staff is in close communication with an affordable housing deveoper regarding a pending application.
113
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as ident ified in the housing element .

Program H4-4: Outreach
Plan
1) Implement an outreach plan for
housing-related issues, such as Housing
Element updates. Reach out to the
community regarding housing topics in
general and specific new developments.
2) Expand outreach to non-profit
developers, area service providers, and
community-based organizations. Partner
with local community-based
organizations to hold community
meetings about General Plan updates to
gain input from residents on housing
needs in the city. Invest resources to
provide food, childcare, interpretation,
and translation services at these events.
3) Actively recruit residents from
protected classes and underserved
neighborhoods to participate on
committees, such as the Council on
Homelessness of Contra Costa County,
to address homelessness and affordable
housing needs. 4) Develop presentations
and/or materials that address the local
need for affordable housing and more
resilient neighborhoods.
1) By 2025; Bi-annually 2)
By 2026 3) By 2027; Bi-
annually 4) By 2026
1-2) Information on housing and other developments is posted on the City website. Future Housing Element updates and the forth coming General Plan update will include outreach on housing-related to pics. 3-4) The City's draft FY 25-26 budget includes a General Fund a ppropriation to bring a consultant on board to assist with impl ementing this and other housing programs beginning in July 2025.

Program H4-5:

Reasonable
Accommodation
Encourage developers of single- family
housing to incorporate universal design
and track the number of newly
constructed or rehabilitated dwelling units
accessible to people with disabilities.

Increase the number of units accessible
to persons with disabilities by 5% of new
multifamily during the planning period.

The City will provide the address and
number of units to Resources for
Independent Living Sacramento for
inclusion in their housing list for people
with disabilities.

By 2026/2031
No multifamily housing was approved or constructed in 2024. The developer of the approved Owl R anch single-family subdivision confirmed that all 40 of their units are all designed with at least one bedroom and bathroom with greater door widths, and 25 units have a bedroom and full bathroom downstairs.
114
Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
0 0 0 0Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
115
Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity 0 0
Preservation of Units At-Risk
0 0
Acquisition of Residential Units 0 0
Mobilehome Park Preservation 0 0
Total Units by Income 0 0 0 0 0 0 0 0
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
116
Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate-
Income Non Deed
Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
117
Jurisdiction Hercules
Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
118
Jurisdiction Hercules Note: "+" indicates an optional field Reporting Period 2024
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an invenory of ALL
surplus/excess lands the reporting jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Contra Costa County jurisdictions, please format the APN's as follows:999-999-999-9 119
Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Total Additional Beds
Created Due to Density
Bonus
Notes
0 0 0 0Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
120
Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Yes
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
https://www.herculesca.gov/home/showpublisheddocument/17518/638639167665365934 Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.

Notes
121
CO

NSENT CALENDAR

AGENDA ITEM

5. 25-080
122

REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 25, 2025
TO: Mayor and Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Authorization to Apply for the Community Wildfire Defense Grant - Reinvesting in the City of Hercules’ Hazardous Fuels Reduction/Fire- adapted Ecosystems Restoration Project
RECOMMENED ACTION:

Adopt a resolution authorizing the City Manager to apply for the Community Wildfire Defense Grant (CDWG) from the US Department of Agriculture and to execute any necessary documents related to the application process.

BACKGROUND:

The CWDG is a program administered by the US Department of Agriculture and is designed to help communities implement strategies for wildfire management . Launched in 2022, the $1 billion, five-year competitive grant program, funded by the Infrastructure Investment and Jobs Act, prioritizes communities located in areas identified as having high or very high wildfire hazard potential.

The City of Hercules is continually hampered by natural hazards each year, partly due to the loss of existing tree canopy and high-risk reduction zones that have been exacerbated by at least seven severe disaster impacts, as declared by FEMA, between 2017 and 2023.

The unprecedented rate of change in our local climate system has rapidly created unanticipated conditions unfavorable to Hercules’ ecosystems, as seen in the increasing number of projected wildfire risks and environmental landslides.

In 2019, the Diablo Fire Safe Council prepared and developed an updated Community Wildfire Protection Plan (CWPP) for all of Contra Costa County. This plan identifies wildland fire hazards, prioritizes ways to reduce them, and recommends measures for homeowners and local communities to reduce the ignitability of structures. The Contra Costa Countywide CWPP serves as a multi -year guiding document, helping to facilitate the implementation of current and future wildfire hazard mitigation measures. Together 25-080
123
with the adopted Local Hazard Mitigation Plan and recent updates to our General Plan, the City comprehensively understands the hazardous risks to our community and has a roadmap to mitigate them.

Staff believes that applying for the CDWG is aligned with the City's goals of proactively protecting our community from hazards. It presents an excellent opportunity for the City to implement the approved fire management strateg ies aimed at creating defensible space and reducing fuel loads within the City’s highest-priority hazard zones, thereby shielding Hercules against the destructive impacts of wildfires, severe storms, flooding, and landslides.

ANALYSIS
The CDWG provides an opportunity to secure up to $3.8M in funding to  Remove or reduce fuels on Hercules’ urban community landscape. Because fuel treatments tend to be successful when combining multiple remedies required to disrupt the City’s potential for wildfire spread and intensification, fuel management practices will complement other wildfire mitigation strategies, such as educating residents on how to manage the vegetation around their homes to reduce risks to people and property.
 Encourage proactive, systematic maintenance and monitoring of urban trees and forested natural ar eas to improve forest health , assess risks to forests from pests, diseases, and adverse climate impacts, and formulate adaptive management strategies to enhance forest resilience.
 Protect, enhance, and increase access to watersheds in urban and developing areas with a focus on conserving and managing forest patches and green stormwater infrastructure.
 Improve preparation for severe storms and the recovery of damaged or deteriorated landscapes to achieve healthier and more resilient conditions.

A complete grant narrative with additional details has been attached to this report for review.

If awarded, the grant will require a 50% match, which can be met by ongoing community fire hazard education and fire code enforcement efforts (performed by the Fire District with Measure O funding1) and recent investments in planning initiatives that complement the CWPP update. These efforts include the Parks System Master Plan, the Local Hazard 1 Measure O funding is a parcel tax that helps fund fire protection and emergency services in the community. The funds are used to maintain staffing levels, equipment, and facilities to ensure effective fire and emergency response.
124
Mitigation Plan, and the General Plan's Safety and Open Space Elements. Staff recommends pursuing this funding opportunity as it will provide critical resources to implement existing fire safety strategies for the community.

FISCAL IMPACT:

The application for the CWDG does not have any additional fiscal impact . However, if the grant is awarded, a 50% match ing contribution will be required. This matching requirement can be satisfied through ongoing fire prevention efforts and recent investments in planning initiatives that complement the CWPP update.

ATTACHMENTS:

1. Resolution

2. Community Wildfire Defense Grant (CWDG) Proposal Narrative 125
HERCULES CITY COUNCIL RESOLUTION NO. XX –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

AUTHORIZING THE CITY TO APPLY FOR THE COMMUNITY WILDFIRE DEFENSE GRANT (CWDG) FROM THE U.S. DEPARTMENT OF AGRICULTURE AND EXECUTE

ALL NECESSARY DOCUMENTS RELATED TO THE APPLICATION PROCESS

WHEREAS, the Community Wildfire Defense Grant (CWDG) program, administered by the U.S. Department of Agriculture, is a $1 billion, five -year competitive grant program funded by the Infrastructure Investment and Jobs Act, with the aim to assist communities in implementing wildfire management strategies; and
WHEREAS, the City of Hercules experiences significant natural hazards annually, including impacts from the loss of tree canopy, high -risk reduction zones, and the increasing risks of wildfires and environmental landslides due to adverse climate conditions, as evidenced by seven FEMA-declared disasters from 2017 to 2023; and WHEREAS, in 2019, the Diablo Fire Safe Council prepared and updated the Contra Costa Countywide Community Wildfire Protection Plan (CWPP), which identifies wildfire hazards, prioritizes strategies to reduce them, and provides measures to decrease the ignitability of structures within the community; and
WHEREAS, the Contra Costa Countywide CWPP, Local Hazard Mitigation Plan, and the General Plan provide a comprehensive understanding of community risks and serve as guiding documents for implementing wildfire hazard mitigation measures in Hercules; and WHEREAS, the CWDG provides an opportunity to secure up to $3.8 million in funding to support activities such as fuel reduction, forest health improvements, watershed protection, and preparation for severe storms and other natural hazards, with a required 50% match that can be met through ongoing fire prevention efforts funded by Measure O and complementary planning initiatives; and
WHEREAS, pursuing this funding opportunity aligns with the City’s goals of proactively protecting the community from wildfire risks, enhancing environmental resilience, and safeguarding the residents and natural landscapes of Hercules.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HERCULES AS FOLLOWS:

1. The City Council authorizes the City Manager to apply for the Community Wildfire Defense Grant (CWDG) from the U.S. Department of Agriculture.

2. The City Manager is authorized to execute all necessary documents related to the application process.
126
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules hel d on the 25th day of March 2025 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Dion Bailey, Mayor

ATTEST:

______________________________
Eibleis Melendez, City Clerk

127
Community Wildﬁre Defense Grant (CWDG)
Proposal Narrative – City of Hercules

CWDG APPLICANT GIS COORDINATES
GIS Coordinates Reference Point Name: City of Hercules, Contra Costa County, California Latitude/Longitude: 38.009916 / -122.270587
Description: Hazardous Fuels Reduction/Fire-adapted Ecosystems Restoration Project Activities Boundary Area Latitude/Longitude: 37.98481 / -122.23666; 38.00151/ -122.21134

APPLICANT INFORMATION
Applicant Name: City of Hercules
Applicant Mailing Address: 111 Civic Drive, Hercules CA 94547 Applicant UEI# and SAM.gov Expiration Date: The City of Hercules' UEI# is U8KFYJ11EYX3 and the SAM.gov Expiration date is on July 9, 2025
Applicant Federal Tax ID#: 94-6027345

Primary Contact Person: Jeff Brown
Email: [email protected]
Phone Number: (510) 799-8252
Fax Number: (510) 799-2521

PROJECT INFORMATION
Name of the Project: The City of Hercules’ Hazardous Fuels Reduction and Fire-adapted Ecosystems Restoration Project
Community Name: City of Hercules
County: Contra Costa County
Congressional District: 8th
Grant Component Type: Hazardous Fuels Reduction/Restoration Implementation Project described in a CWPP (2019) and Local Hazard Mitigation Plan (2021), both of which are less than ten (10) years old

Brief Project Overview and Purpose
Provide a brief overview and purpose statement for the project, addressing the overall intent of this program to assist communities with planning and mitigating their risk against wildﬁre:
(3,000 /3,000 characters maximum)

The City of Hercules is located in the western portion of Contra Costa County, one of the nine counties comprising the San Francisco Bay Area. Hercules comprises a total area of 19.98 sq-miles, with 6.41 sq- miles of land and 13.57 sq-miles of water. The City is also centrally situated on the path of growth within the Bay Area - accessible by freeway to employment areas in West Contra Costa County, Northern Alameda County and the Benicia area. There is a Bay Area Rapid Transit (BART) station in Richmond, nine miles south of Hercules, which provides West Contra Costa County with mass transit service to destinations along the industrial corridor between the cities of Richmond and Fremont and San Francisco. While the Union Paciﬁc Railroad runs along the bayfront, Burlington Northern Santa Fe Railway runs directly through the center of Hercules. Because Hercules is a planned community that's an extension of an urbanized area already served by major transportation and utility systems, 4 major planning documents on both the local/regional level were used in the development of the City's proposed 128
Scope of Work (SOW) for its Hazardous Fuels Reduction and Fire-adapted Ecosystems Restoration Project:

• REGIONAL – In 2019, an updated Community Wildﬁre Protection Plan (CWPP) was prepared and developed by the Diablo Fire Safe Council for all of Contra Costa County which identiﬁes wildland ﬁre hazards, prioritizes ways to reduce those hazards, and recommends measures for local communities to reduce ignitability of structures. The Contra Costa Countywide CWPP not only functions as a multi-year guiding document helping to facilitate the implementation of present/future wildﬁre hazard mitigation measures, it fulﬁlls all standards established by the Federal Health Forest Restoration Act.

• LOCAL – Hercules City Council approved/adopted the City's ﬁrst ever single-jurisdictional Local Hazard Mitigation Plan (LHMP) on May 25, 2021. Because the City does possess the bandwidth and governmental framework necessary to provide its future residents with needed urban services, the LHMP incorporates open space/conservation areas and provides for improved environmental design. Hercules' updated General Plan also included the addition of an EJ Safety Element.

More speciﬁcally, these planning documents: 1) Identify and prioritize targeted high-risk areas for hazardous fuels reduction treatments; 2) Recommend the preferred types/best methods of treatments that will protect community members and values that are currently & increasingly at-risk; and 3) Recommend efficient, cost-effective measures requisite to feasibly reducing the ignitability of structures throughout local areas addressed by the plan. To best utilize this information, Hercules will prioritize employing mitigation measures to protect life, property, and other values within identiﬁed areas of concern while working in collaboration with regional agencies to foster wildﬁre resilience across the local land.

Is Your Community Considered "At-Risk"?
 Yes – Hercules, CA is considered “at risk.”
 Yes – Hercules, CA meets the "wildﬁre hazard potential" criteria and has a higher wildﬁre risk to homes than 91.1% of communities in the nation.
**Web link to the CWDG Wildfire Risk Assessment Tool and verification source:
www.wildfirerisk.org/cwdg-tool/600033308

Rooﬁng Code/Ordinance Status of the CWDG Applicant:

Yes, Hercules’ communities have already adopted a code regulation that requires roofs for new building construction, as well as the rerooﬁng/replacement of a roof of existing buildings. In the City of Hercules, rooﬁng projects must adhere to both the International Code Council (ICC) codes and any amendments or ordinances adopted locally and throughout Contra Costa County, all of which are outlined in the Hercules Building and Fire Code.

PROJECT DESCRIPTION
The application should clearly deﬁne the scope of the project, what the project proposes to accomplish, why it is important, and how it links to the Cohesive Wildland Fire Management Strategy and relevant State Forest Action Plan: (7,500 /7,500 characters maximum)

Hercules has a unique history that has seen it transform from a small company town to a bustling community. The City was ﬁrst incorporated in 1900 and remained small in stature until the 1970s, when Hercules’ ﬁrst housing subdivisions were established, transforming our bedroom community into a 129
bustling municipality and one of the fastest-growing suburbs in California. The 1990s witnessed continued growth and development, but by the turn of the 21st century, City officials recognized the need for long-term sustainability. This led to the 2000 Design Charrette, which involved over 300 participants outlining their vision for the community. The result was the Central Hercules Strategic Plan, which laid out how four underdeveloped neighborhoods would be transformed into thriving neighborhoods. Fast forwarding to 2025 with just over 25,920 residents, Hercules has only continued to grow as a transit- oriented community, utilizing smart-growth principles and ensuring that development conforms to the Central Hercules Plan.

Hercules has a very high risk of wildﬁre—higher than 91% of communities in the U.S. The Contra Costa Countywide CWPP was designed to complement existing emergency management planning and federal/state ﬁre management planning by providing a detailed overview of local, state, and federal ﬁre management in the City. From 2019 to 2024, City staff completed its integration of the CWPP with other relevant land user plans (e.g., single-jurisdictional L H M P, updated General Plan including EJ & Safety Element). To comprehensively understand Hercules’ community risks and how to reduce them, several risk categories speciﬁc to our project area—with identiﬁed Levels of Risk—stand out:
• Risk to Homes – Very High
• Wildﬁre Likelihood – Very High
• Risk Reduction Zones exacerbated by at least seven severe disaster impacts, as declared by FEMA between the years 2017–2023 – High
• Vulnerable Populations, including Community members who are living with a disability, whether cognitive or physical; Older Adults ages 65+; People of Color; and Residents with limited English proﬁciency – High

As the most diverse City in Contra Costa County, Hercules has large communities of immigrants and refugees, and many of these communities reside in areas with the oldest trees and many open planting spaces. By focusing its project on these areas, the City will promote equity, enhance the urban forest, improve public health and foster environmental resilience. During the CWDG duration, Hercules’ SOW is to:
o Foster individuals, groups, and organizations in the communities served to become engaged participants in urban forest planning, planting & management, especially those in disadvantaged communities who do not have adequate resources to install/maintain green infrastructure or are underrepresented.
o Remove/reduce fuels on Hercules’ urban community landscape. Because fuel treatments tend to be successful when combining multiple remedies required to disrupt the City’s potential for wildfire to spread/intensify, fuel management practices will complement other wildfire mitigation strategies, such as educating residents on how to manage the vegetation around their homes to reduce risks to people and homes. o Encourage proactive, systematic maintenance and monitoring of urban trees and forested natural areas to improve forest health; assess risk to forests from pests, disease, and adverse climate impacts; and formulate adaptive management strategies to improve forest resilience. o Protect, enhance and increase access to watersheds in urban and developing areas with a focus on conserving and managing forest patches, and green stormwater infrastructure. o Improve preparation for severe storms and the recovery of damaged or deteriorated landscapes to more healthy and resilient conditions.

Moreover, Hercules’ Hazardous Fuels Reduction/Fire-adapted Ecosystems Restoration Project aligns strongly with:
130

 California’s Wildﬁre & Forest Resilience Action Plan (2021), particularly with regard to Goal #2 to “Strengthen Protection of Communities, ” as the City’s SOW involves all of the following components:
o Supporting Community Risk Reduction and Adaptation Planning; o Increasing Fuel Breaks;
o Protecting Wildﬁre-Prone Homes and Neighborhoods;
o Improving Utility-Related Wildﬁre Risk;
o Creating and Enhancing Fire-Safe Roadways; and
o Minimizing the Health Impacts of Smoke.

 The National Strategic Committee’s Cohesive Wildland Fire Management Strategy (2016) by further enabling crosswalk and strategic alignment with three of the outlined cohesive strategy goals: 1) Resilient Landscapes; 2) Fire Adapted Communities; and 3) Safe & Effective Wildﬁre Response.

Committed Collaborative Partnerships Formed in Support of the City of Hercules Hazardous Fuels Reduction and Fire-adapted Ecosystems Restoration Project are as follows:

1. Contra Costa County Fire Protection District (CCCFPD)

2. The Rodeo-Hercules Fire Protection District (RHFD) and Hercules Fire Station #76

3. Hercules Police Department

4. East Bay Wildﬁre Coalition of Governments

All four project partners and key stakeholders broadly support the CDWG project's removal/reduction of fuels on Hercules urban community landscape as a collaborative means toward more effectively mitigating against the environmental hazards that have become increasingly prevalent in the City and among planned project site locations (e.g., earthquake, wildﬁre, drought). There are currently 7,136 properties in Hercules that report major risk of being affected by wildﬁre over the next 30 years, further compounded and exacerbated by inevitably worsening climate change impacts. Because fuel treatments tend to be successful when combining multiple remedies required to disrupt the City's potential for wildﬁre to spread/intensify, fuel management practices will complement other wildﬁre mitigation strategies, such as educating residents on how to manage the vegetation around their homes to reduce risks to people and homes. This is why the project aims to foster individuals, groups, and organizations from the communities served by CWDG funding to become engaged participants in urban forest planning, planting and management, particularly among residents within Hercules' disadvantaged communities who have been historically marginalized, underrepresented and/or continue to disproportionately lack the adequate resources to adequately installing/ maintaining green infrastructure for bolstered environmental resilience capacity. Because 80% of all properties in Hercules have higher risk standards, we must increase access to watersheds in urban and developing areas with a focus on conserving/managing forest patches and green stormwater infrastructure. The City's proactive approach is part of a broader ﬁre management strategy aimed at creating defensible space, reducing fuel loads, and better protecting Hercules communities/ecosystems from the destructive and impacts of wildﬁres. Advocating for the cutting/thinning of Hercules' ﬂammable vegetation on the designated project landscape and at targeted high-risk areas will also encourage the proactive, systematic maintenance and monitoring of urban trees and forested natural areas to improve forest health, thereby minimizing both ﬁre danger and potential future impediments when responding to emergencies or costly structural damages incurred throughout the Refugio Valley Corridor's multipurpose transit pathways.

TOTAL CWDG PROJECT FUNDS REQUESTED: $3,760,000
131
Applicant Match Amount: $1,894,755 (50% match contribution provided through City Planning Integration)

The following local equivalent plans and eligible match funding sources can be accessed by clicking on any of the links provided below.
1) City of Hercules - Single-jurisdictional Local Hazard Mitigation Plan (LHMP) 2021 LINK: www.herculesca.gov/home/showpublisheddocument/15573/637952272135800000 2) City of Hercules - Environmental Justice (EJ) Safety Element 2021 LINK: www.herculesca.gov/home/showpublisheddocument/15563/637950537334470000 3) City of Hercules - Parks and Recreation Facilities Master Plan 2024 LINK: www.herculesca.gov/government/parks-recreation/parks-and-recreation-facilities-master-plan 4) City of Hercules Strategic Plan 2017
LINK: www.herculesca.gov/home/showpublisheddocument/11151/636614738681130000 5) City of Hercules - General Plan Open Space/Conservation Element LINK: www.herculesca.gov/home/showpublisheddocument/12571/636777935669470000 6) Rodeo-Hercules Fire Protection District - Measure O to facilitate Fire Prevention Plan Review and Adopted Measures to fund ongoing Community Awareness Campaigns to increase awareness and foster engagement within the City of Hercules. Examples include Property Compliance & Inspections (as non- compliance may lead to forced abatement) and ﬁre prevention staff working with local homeowners' associations (HOAs) and property management companies to promote education/training programming related to retroﬁt of existing homes and structures to improve their survivability.

LINK: www.herculesca.gov/home/showpublisheddocument/12571/636777935669470000

☒ Attach Project Budgetary Spreadsheet and Accompanying Budget Explanation Below:

PERSONNEL/LABOR ($1,300,000)
- Planning, Design & Permitting Work for Project Areas/Landscaping & Irrigation Activities (Design/Planting Palette, Engineering or Environmental Documents) = $100,000 - Site Preparation Work (Demolition, Clearing/Grubbing, Grading & Tree Mobilization) = $100,000 - Given that both the City of Hercules and Rodeo-Hercules Fire Protection District are both currently member jurisdictions of the East Bay Wildﬁre Coalition of Governments, conduct monthly to quarterly meetings between all partner entities and key project stakeholders.

Throughout this process, the project consultant can regularly assess the existing and ongoing collaborations that exist between federal, state, county, and local agencies before making new or improved recommendations for enhanced cooperation and communication capacities while also potentially helping to mitigate any disconnectedness identiﬁed between neighboring entities = $100,000
- Installation of Refugio Park Shade Structures and Repaired Fencing = $750,000 - City Staff Salary Designation for Project Oversight, Admin & Maintenance = $250,000

EQUIPMENT & MATERIALS ($385,000)
- Purchase of vegetation management equipment (e.g., chainsaws, heavy duty brush mowers that can be utilized for maintaining road right-of-way and for the project's pruning, mowing, chemical treatment or grazing activity = $250,000
- Hardware material needs for Prioritized Treatment of Structure Ignitibility and with Retroﬁtting Existing Structures for Improved Survivability Capabilities (e.g., create a vegetation mapping database for urban side of wildland-urban interface) = $75,000 - Public Education/Outreach Campaign: Project consultant will enable and encourage community involvement through the public outreach and engagement meetings to inform the proposed 132
project SOW, as well as develop a list of community values that are widely considered most at-risk whether within or adjacent to the WUI (e.g., natural and cultural resources deemed of importance to individual communities, such as critical wildlife habitat, recreational sites, places of historical signiﬁcance, environmentally sensitive areas) that would be prioritized when formulating treatment recommendations = $50,000
- Cache of air ﬁltration units for use by at-risk individuals in the public and Personal Protective Equipment (PPE), including N95 ﬁltering face respirators - Hercules/Contra Costa County Fire Protection District will help to raise public and private landowner awareness of issues and best management practices including: Appropriate timing of fuels treatment for reducing reproductive viability and survivability of invasive, non-native species, while doing least harm to improving native habitat values = $10,000

CONTRACTUAL ($1,575,000)
- Project Consultant tasked with helping to administer the City's Prioritized Fuel Reduction Vegetation Management Treatments that are geographically based & balanced with Resource Management Project consultant will collaborate with City staff and the RHFD/CCCFPD to complete the coalitions collective identiﬁcation of local priorities for recommended fuel project activities. Treatment locations are to be prioritized based on the wildﬁre risk to wildﬁre urban interface communities and essential infrastructure, ingress and egress routes, and existing fuel conditions and historic ﬁre and weather patterns = $1,000,000 - Environmental Review and Permitting required by Fuels Management and Fuel Treatment Prioritization = $250,000
- Development of speciﬁc fuel management treatment goals and methods that are to be addressed more fully via Hercules' Hazardous Fuels Reduction/Restoration through one or more of the following methods: 1) Manual (hand labor such as pulling or cutting; 2) Mechanical treatment (equipment used for mowing, selective cutting of trees, masticating or crushing); 3) Prescribed herbivory (targeted grazing by sheep, goats or cattle); 4) Chemical treatment; and/or Prescribed ﬁre = $50,000
- Hercules project sub-contractor will also be initially be tasked with best ensuring Contra Costa County’s CWPP closely aligns with all existing ﬁre management planning and hazard mitigation planning with assistance from project stakeholder committee members, including Hercules Fire Station #76, Hercules PD, the RHFD/CCCFPD and East Wildlife Coalition of Governments, Diablo Fire Safe Council, Contra Costa County Fire Chiefs Association and the East Bay Hills Emergency Forum = $25,000
- Identiﬁcation of Key Ignition Resistance Factors as well as Homes, Businesses, and Essential Infrastructure At-Risk - This assessment is critical to helping further identify areas prone to structural ignitability and large ﬁre spread due to the presence of heavy fuels, poor ingress and egress, limited ﬁre response resources and general composition of structures in the community wildﬁre urban interface. Using this information, Hercules’ select project sub-contractor will work closely with the City to ﬁnalize a comprehensive list of feasible mitigation strategies and cost- effective treatments for reducing structural ignitability in the home ignition zone and around essential infrastructure and community values at-risk = $25,000 - Citywide and Regional Assessment of Local Wildﬁre Occurrences - Using existing ﬁre history information and local knowledge, Hercules would work towards further determining common ignition sources and relative frequency of wildﬁres within the project area and produce a base map for review by the City. The ﬁre modeling procedure discussed above would be coupled with the historic ﬁre frequency data to produce a composite assessment that rates the landscape as low, moderate, high, and extreme risk of wildﬁre. Also involves obtaining the data updates requisite in order to ﬁnalize the City's evacuation maps and plans = $100,000 133
- Project Contractual Costs involved with all conducted activities related to tree evaluation, tree removal, tree pruning, tree replanting, tree ground debris removal (dead wood and sheading bark), as well as any weed and vegetation clearing that is implemented during the 5-year grant period in open space areas = $100,000

OTHER DIRECT PROJECT COSTS ($500,000) Maintenance of Fuels Project - Provide information on permits from the California Department of Fish and Game and Regional Water Quality Control Board. Partner with watershed groups for removal of riparian vegetation along seasonal or ephemeral creeks = $250,000
- Increase hazardous fuel load reduction balanced with biological resource protection to expand awareness of environmental sensitivity and permitting requirements, while also exploring assumption of what the City can do in terms of ﬁre suppression and pre-ﬁre fuel treatments (e.g. critical habitat recovery projects, regulatory agencies as partners, types of studies) = $250,000

ACCOMPLISHMENTS
A proposal should clearly deﬁne how a project will be accomplished, timelines and milestones, as well as measures and metrics. Examples include:
a. How the selected objectives will lead to measurable outcomes for community wildﬁre risk reduction.
b. How the applicant will measure progress towards those outcomes (such as, acres treated to reduce hazardous fuels, change in ﬁre regime).
c. The proposed metrics for measuring progress, which must be speciﬁc, measurable, achievable, realistic, and timely.
(7,500 /7,500 characters maximum)

Prior to FY 2025, the Reinvesting in Hercules Urban Canopy for Social Equity & Climate Resilience Program was developed as a proactive means toward improving the City’s urban forest resilience capability through the incorporation/adaptation of a tree inventory tool to facilitate tree planting activities, while also securing software conducive to tracking Public Works ongoing management effort in alignment with our newly adopted Parks and Recreation Facilities Master Plan (PRFMP). Hercules strives to reach canopy goals focused on restoration/social equity, as emphasized in its data-driven PRFMP .

Development of the General Plans Open Space and Conservation Element and PRFMP involved considerable outreach to engage and collaborate with forestry professionals, City leadership and the community. Managing the losses from Eucalyptus tree replacement is a relatively short-term problem within the long-term, perpetual stewardship of Hercules trees. The community risks associated with the Eucalyptus are understood by assessing the likelihood of failure of a tree part, the likelihood of the tree part hitting a person, and the consequences if that failure should occur. It isn’t possible to maintain trees in the City without assuming some risk, and the only way to completely eliminate risk is through tree removal or pruning prior to subsequent replacement of new species.

The impact will have considerable economic/social/environmental impacts for decades; similarly, when educated with the reasoning behind the removal of trees/insecticide use, a majority of respondents understood that it was sometimes necessary (95%) as a public safety issue. Hercules urban forest management and riparian reforestation should produce longer-term impacts by bolstering the City's urban tree canopy as an extension of revitalization development already taking place at Refugio Park, making multiple co-beneﬁts accessible to historically marginalized communities/targeted EJ populations whose health disparities/inequities are exacerbated by: 1) Elevated pollutants/GHG emissions; and 2) Impaired water quality. Key activities at the programmatic site involve planting and growing 360 shade trees alongside a 1.47- mile-long multi-purpose pathway spanning from Refugio Valley Road to Redwood 134
Drive, a project landscape area the City estimates 2,866 elementary/middle/high school students utilize daily. This oft-traveled transit corridor connects residents to community hotpots/vital resources (e.g., Hercules Recreational and Senior Centers, Library, Fire Station #76) and can support temporary irrigation systems until all planted trees are established. Core program components could also involve hiring for green jobs, funding urban forestry work, and creating local planting opportunities for enhanced educational opportunities. In 2023, Hercules retained SBCA Tree Consulting (WC-ISA Certiﬁed Arborist #9613Z) under City contract to evaluate hazard trees and recommend a variety of tree species anticipated to have a low VOC and high C02 absorption rate. SBCA Tree Consulting was primarily tasked with evaluating Tasmanian Blue Gum (Eucalyptus globulus) along the City multipurpose transit pathway—providing recommendations for remedial action on the roadway and entrance adjacent to Refugio Valley Park.

Past failures of the Eucalyptus trees prompted Hercules to take swifter action within designated target zones as limbs have fallen with increasing frequency, causing property damage and many near misses.

This safety issue is becoming a more time-urgent concern among Hercules' communities, particularly given the current volume of local students and youth choosing to walk or bike to school is at an all-time low of 8%. According to Hercules' EJScreen Community Report, transportation is widely recognized as a critical service gap due to the associated risk of Eucalyptus tree parts falling on commuters and subsequent ramiﬁcation should such failures occur. Refugio Valley Roads pedestrian/ bicycle pathway was identiﬁed as high-risk for costly infrastructure damage during SBCAs Tree Risk Assessment, in which 93 trees were categorized as Priority 1—with recommended pruning/removal completed by Year 2—and a replacement ratio of 1.5 new drought-tolerant species for every 1 Eucalyptus tree removed. The 360 replacement trees will mature post-project completion into an increasingly resilient tree canopy capable of better protecting those who live/work in Hercules, providing simultaneous GHG beneﬁt through improved air quality.

In addition to programmatic forestry and the City’s Public Works staff, there are multiple stakeholders— internal and external—who play a role in the planning, design, care and advocacy of Hercules community and urban forest. Working collaboratively with the public is without a doubt an important if not requisite step in offering meaningful, life-changing opportunities that are inextricably intertwined with jurisdictional decision-making processes, with facilitated outreach efforts having involved pop-up Tree Story Stations, a public open house, interviews with stakeholders, and technical working group meetings.

Based on these accumulated community inputs, the primary objective of Hercules Hazardous Fuels Reduction and Fire-adapted Ecosystems Restoration Project is to successfully implement the ecological and wildﬁre mitigation strategies from the CWPP , LHMP , PRFMP , and Hercules General Plans Open Space/Conservation and EJ Safety Element.

Methodology Approach:
• Integrate the goals of fuel reduction and wildﬁre mitigation with those of the existing local plans. • Emphasize treatments in areas where planning objectives overlap with land and ecosystem management plans and where treatments will enhance strategic suppression. • Prioritize the protection of water infrastructure, water resources and the associated Briones Watershed as a fundamental aspect of fuel treatment, while also continuing to prioritize landscape-scale treatments that beneﬁt both ecological function and wildﬁre risk reduction goals.
• Ensure the protection of ecological values through planning objectives and adaptive management strategies that jointly work to reduce wildﬁre risk.
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• Identify the necessary subject matter experts to facilitate project implementation, simultaneously using the project tracking application to document completed and ongoing milestones/deliverables.

Monitoring/Maintenance Requirements:
o Continue to implement the monitoring plans and techniques outlined in the existing management plans.
o Evaluate the impact of fuel treatments to both wildﬁre risk reduction and ecosystem health, including water resources.
o Maintain comprehensive records of fuel treatment activities as part of the CWPP reporting process.
o Maintain detailed records of all activities, project outcomes, and lessons learned. Communicate these with community members, local/regional partners, and other key stakeholders.

In the Collaboration Section, the City will go into further detail as to what a second objective of this project entails namely, collaborating with the Contra Costa County Fire Protection District, Hercules Fire Station #76, Hercules Police Department, and East Bay’s Wildﬁre Coalition of Governments to conduct cross-boundary fuel treatments along ingress/egress routes in order to address hazardous fuels along irrigation ditches/laterals and better safeguard critical drinking water and wastewater infrastructure.

PROJECT COLLABORATION
The application should clearly deﬁne collaborative elements including support from partners, agencies, landowners, and communities. A project proposal must identify partners that will be actively engaged in carrying out the project and add value to project planning and implementation, with a description of each partner’s role. Collaboration may be qualitative in nature, and the contribution of a partner may be more than the number of partners:
(7,379/7,500 characters maximum)

The Rodeo-Hercules Fire Protection District (RHFD) provides ﬁre protection and emergency medical aid to the City of Hercules and the unincorporated area of Rodeo. RHFD is an independent autonomous ﬁre district serving an area of approximately 26- square miles with a population of approximately 34,000.

Please note that RHFPD is nearing completion of an annexation by the Contra Costa County Fire Protection District (CCCFPD), effective July 1, 2025. Annexation with CCCFPD offers long-term ﬁnancial stability for more ﬁre and life safety service in the Rodeo-Hercules communities than exists now, and enhanced training and safety for ﬁreﬁghters, all without any anticipated tax increases.

Hercules Fire Station #76 will remain operational with no plans for closure, pending current revenue streams remain intact. Additionally, the LAFCo process ensures that service levels will either match or exceed current levels. There will be no layoffs, as all current full-time RHFPD personnel are to be integrated into CCCFPD if they choose to do so. Key ﬁndings from multiple reports (AP Triton, the Districts Strategic Plan, and the Management Assessment Plan) indicated that the RHFPD would continue to face four growing challenges head-on unless a change toward full consolidation and annexation had been initiated:
 Insufficient administrative and training support led to compromised safety for both ﬁreﬁghters and civilians, thus increasing legal and regulatory risks, limiting organizational depth and deepening gaps made in succession planning.
 With its small number of personnel and current equipment capacity, RHFPD was unable sufficiently keep up with the City and local areas rapidly rising demands for services without relying on mutual and automatic aid from external agencies. 136
 Because specialized services like ﬁre investigation and rescue for speciﬁc hazards remain limited, RHFPD lacked the sustainable ability to staff large or prolonged incidents without external assistance. Despite moderate growth in property tax revenue, increased expenses had also begun creating a structural deﬁcit for RHFPD that annexation will solve as a ﬁnancially viable solution.

In preparation, both agencies are collaborating to enhance emergency preparedness, ﬁre prevention, and response capabilities. To continue strengthening wildﬁre preparedness while reducing ﬁre risks within the District, ﬁre prevention measures (including vegetation management and public education campaign) in an ongoing effort to assist Hercules residents with improving home and community resiliency against the City’s high disaster risk percentile due to severe earthquake/ﬂooding risk compounded by air pollution hazard speciﬁc to Hercules at-risk communities. RHFPD’s adopted budget from FY 2023–2024 had enabled the levy of a special tax funding replacement (Measure O) to ﬁnance ﬁre protection and emergency services on all parcels of real property within the Hercules jurisdiction. This had previously enabled the existing level of ﬁre prevention and emergency ﬁre protection response services in addition to community programmatic resources made available to help residents prepare their homes for ﬁre safety.

Committed & Collaborative Partnerships Formed in Support of the City of Hercules Hazardous Fuels Reduction and Fire-adapted Ecosystems Restoration Project include:

Contra Costa County Fire Protection District (CCCFPD)
Primary Contact: Fire Chief Lewis Broschard
Partner Role: Annexation will increase both the effectiveness and efficiency of the service delivery system and the efficiency of the administrative functions through shared resources. Each of the districts has varying levels of uniformed administrative support positions due primarily to their size. A challenge often faced by smaller districts is the necessity of individuals to serve in multiple capacities. An advantage to the annexation will be increased administrative and support services available to the combined organization (e.g., information technology, human resources, ﬁnance, contracts management, ﬂeet maintenance, logistics and supply, etc.) Operationally, the organizations already work together with existing automatic and mutual aid agreements. However, the differences in alarm assignments or types, kind, and number of resources assigned based upon varied call types would have a more robust, standardized, and consistent weight of response. The net effect is a more consistent and effective response force as emergency operations will become more effective and efficient, while improving ﬁreﬁghting and public safety. For the RHFPD service area, additional enhancements will include access to specialized rescue and ﬁreﬁghting resources not provided directly by that district.

These include marine ﬁreﬁghting and water rescue teams, ﬁre based hazardous materials response team, heavy ﬁre equipment resources such as ﬁre bulldozers, wildland ﬁre hand crews, as well as technical rescue apparatus, equipment, and personnel for conﬁned space, trench, and building collapse. Fire and arson investigation services will be enhanced through the use of Contra Costa County Fire Protection Districts dedicated Fire Investigation Unit. Moreover, the enhanced standardization applied across the expanded service area will ensure consistent response levels of equipment and personnel to structure ﬁres, technical rescues, and vegetation or wildland ﬁres matching with the current response matrix for CCCFPD. This will increase total response on the initial alarm for structure ﬁres and vegetation or wildland ﬁres in the RHFPD service area post-annexation.

Hercules Fire Station #76 and the Hercules Police Department Primary Contacts: Fire Chief Rebecca Ramirez and Police Chief Joe Vasquez 137
Partner Role: Finalize the RHFPD’s evacuation maps/plans and work together with the Police Department and Fire District to conduct outreach programs related to this data (e.g., community training on emergency preparedness and response including evacuation routes and shelters).

East Bay Wildﬁre Coalition of Governments
Primary Contact: Supervisor John Gioia
Partner Role: Launched in April 2024, the East Bay Wildﬁre Coalition of Governments (EBWC) is a regional consortium of elected officials representing cities, counties and ﬁre districts committed to safeguarding our communities and natural landscapes in the East Bay Hills. The City of Hercules has adopted and signed the Memorandum of Understanding for Coordination of Wildﬁre Prevention Activities to Protect the East Bay Hills in Alameda and Contra Costa Counties. Each Member Jurisdiction appoints one elected official representative (Councilmember Alex Walker-Griffin) and Fire Chiefs advise their respective elected officials and participate in EBWC meetings. An identiﬁed and immediate EBWC priority is for increased Vegetation Management capacity throughout the region, incentivizing distributed funding and support activities on behalf of Hercules to help promote the much-needed implementation of best practices for various vegetative types and the development of situational analyses to more comprehensively inform a CEQA-compliant, ecologically sound, and region-wide vegetation management plan that will provide guiding documentation moving forward for all participating member jurisdictions for further reaching-impact.

☒ Attach Project Letters of Support

LANDSCAPE IMPACTS
The application should clearly deﬁne the scale of the project including relationships with past, present, or future projects that, when combined, offer more beneﬁts than when taken individually. The overall landscape that the project inﬂuences, in addition to the deﬁned project area, should be clearly described, as well as the land ownership within the area. Specify areas targeted for planning or mitigation. Clearly describe each proposed activity and include details of where they will be occurring .

☒ Attach CWDF_Hercules Landscape Impacts Spreadsheet

PROJECT SUSTAINABILITY
Clearly deﬁne how or if the project will sustain itself after the grant period is over. Describe any plans or steps that will be taken to continue the project beneﬁts beyond the life of the grant as well as who or what organizations are responsible:
(6,571/7,500 characters maximum)

As a joint and collaborative force, the RHFPD/CCCFPD annexation will build on ongoing efforts to continue the implementation of ﬁre prevention measures in the City. This includes Community Awareness Campaigns made possible, in part, through expanded collaborative capabilities to feasibly enable the following actions:
• Proactive door hangers widely distributed courtesy of engine/truck company crews to reach the Hercules highest-risk neighborhoods, increase awareness and foster engagement among City residents and local business owners.
• Leveraging social media and the City website to broaden community outreach and public support for the training and enforcement of National Fire Protection Association and International Code Council codes.
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• Compliance and Inspections, with non-compliant properties notiﬁed and inspected typically in late May or early June. Follow-up inspections continue until compliance is achieved (as non- compliance may lead to forced abatement).
• Fire prevention staff collaborated and worked with local homeowners' associations (HOAs) and property management companies to promote education/training programming related to the retroﬁt of existing homes and structures to improve their longer-term survivability. Assistance was also provided in partnership with Contra Costa County's Wildﬁre Mitigation Coordinator.

The beneﬁts of annexation will inextricably contribute additional value to Hercules project CWDG project planning, design & implementation via:
o Enhanced Training and Operations: Standardization in training and operations will improve safety for both ﬁreﬁghters and civilians.
o Increased Response Capabilities: There will be more consistent and, in some cases, increased personnel and equipment responses to various incidents, including structure ﬁres and technical rescues.
o Expanded Rescue Services: Additional specialized services, such as marine and water rescue, hazardous materials response, and wildland ﬁreﬁghting teams, will be available. o Improved Fire Prevention and Investigation: Fire and arson investigation services will be enhanced, with full-time personnel dedicated to ﬁre prevention and public outreach. o Public Education Programs: CCCFPD offers educational programs in multiple languages, including juvenile ﬁre prevention and annual safety education for schools. o Cost Savings: Combining administrative functions will reduce redundancies and lower operational costs in human resources, insurance, ﬁnance and administration, legal services, ﬂeet maintenance, and equipment purchases.
o New Equipment: CCCFPD has committed funding for new ﬁre engines, including a Type 3 and Type 6 wildland engine in FY 2025 –2026, and a Type 1 engine in FY 2026–2027.

Cost savings in this annexation will be achieved through reduced redundancy of certain administrative and support functions in the areas of legal and accounting services, ﬁre prevention, training, ﬂeet maintenance, reduced spare and reserve ﬁre apparatus needs, and by combining technology infrastructure and other administrative functions. Additional cost savings will be realized from the elimination of the RHFPD Fire Chief position and part time Assistant Fire Marshal/Inspector, certain contracted services, and anticipated savings in reduced retirement and pension costs on a per-employee basis. Certain capital reserve funding programs or special programs unique to the needs of RHFPD can also be eliminated or reduced. The cost savings of the areas identiﬁed will be used to maintain and strengthen the deployment of operational resources for communities served by the combined organization.

Enhanced Standardization: The combined organization will standardize training delivery of recruit ﬁreﬁghters through the Contra Costa County Fire Protection Districts academy. Continued training of ﬁreﬁghters will occur through one Training Division under a consistent, well-staffed, and properly supported system. Operational policies and procedures will become consistent and standardized under one organization. Fire prevention and code enforcement services will be based on one ﬁre code and supporting ordinances throughout the new service area. Procurement of apparatus and equipment will be contained under one standard within the organization, reducing training issues and increasing ﬂexibility in deployment and ﬂeet sustainability. Operational and large incident management will be standardized under the single organization’s leadership and emergency management goals and objectives. Responses to incidents, currently at varying levels based on each agency’s own service 139
policies, will become standardized to meet a single standard for deployment. The standard applied across the expanded service area will ensure consistent response levels of equipment and personnel to structure ﬁres, technical rescues, and vegetation or wildland ﬁres matching with the current response matrix for CCCFPD.

The overarching shared collaborative and sustainability goals that helped to shape Hercules’ proposed CWDG project are to implement fuels reduction measures beyond defensible space to better protect the City’s infrastructure and surrounding communities in the increasingly likely event of a catastrophic wildﬁre and/or severe disaster occurring within the designated project site areas. This project will directly reduce risk to Hercules’ highest-risk communities, with three implementation locations along property boundaries that have been directly impacted by:
 Severe Earthquake Risk – 76%
 Wildﬁre Disaster Risk – 58%
 Air Pollution Hazard Risk – 56%
 Flooding Risk – 52%

Over the entire CWDG grant duration, the City of Hercules can continue to work with its committed local and regional partners to conduct fuel treatments along ingress/egress routes, which are key tributaries in the Briones Watershed. Several of the acres to be treated involve communities situated along the eastern boundary of Hercules and are continuous with the Briones Watershed, a 22 sq-mile area that feeds into the East Bay Municipal Utility District and Muir Land Trust. By nurturing its long-standing relationships and partnering agreements with the EBWC, CCCFPD/RHFPD, Hercules PD, and other land management organizations, the City can dually identify new opportunities for funding and hiring, further enabling the project’s contiguous efforts to reduce community risk, increase community resiliency, improve egress routes and ﬁreﬁghter safety, and ultimately decrease post-ﬁre sediment deposition into local area critical water supplies.

Does this Project Beneﬁt a Low-Income Community?
No – Hercules, CA is not considered an underserved community. Because it does not meet the low- income criteria, the City isn’t eligible to apply for a cost-share waiver. The Census Bureau estimates its median household income is between $118,542 and $133,218. To qualify in California, the low-end of the estimate must be less than $73,302.

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DI

SCUSSION AND/OR ACTION

AGENDA ITEMS

1. 25-092

2. 25-098

3. 25-096

4. 25-097
141

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 25, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Jeff Brown, Interim Public Works Director/City Engineer SUBJECT: Resolution Approving the Restated Solid Waste Franchise Agreement between the City of Hercules and Richmond Sanitary Service, Inc. dba Republic Services
RECOMMENDATION:

The City of Hercules holds a Franchise Agreement with Richmond Sanitary Service, Inc. dba Republic Services (Republic) , which expires on June 30, 2025. The agreement currently in place is an amended version of the same agreement that was executed in 1986. The City Council authorized staff to commence negotiations on September 12, 2023, for an extension of the term of the agreement and a restatement of the agreement.

City Council requested that Republic provide multiple rate scenarios aligning with various 25-092
142
term lengths, 10 -, 15 -, and 20 -year terms. Staff also proposed potential service improvements, including the addition of a bulky item collection program for single family residents.

The franchise agreement with Republic is for collection services only. Ma ny legislative compliance functions are served by the West Contra Costa Integrated Waste Management Authority (RecycleMore), a JPA that Hercules is a member of. Post - collection services, including other associated activities such as outreach and education, is dictated by the terms of the Post -Collection Agreement held by RecycleMore and Republic.

The City receives revenue from two fees in the existing agreement: the franchise fee, which is deposited in the general fund, and the City Waste Program Fee, whi ch is deposited into a dedicated fund.

ANALYSIS:

Staff has completed negotiations with Republic for a fifteen -year term length. This term length is typical for modern franchise agreements and matches the term length negotiated by nearby City of San Pablo. Republic provided an alternative cost proposal for the 10 - year term length, but declined to offer cost savings for a 20-year term length. The 15-year term length is recommended by City staff. The negotiated agreement, if approved by City Council, would be effective on July 1, 2025 and expire on June 30, 2040.

City fees in this restated Agreement are simplified and combined into a single annual City Franchise Fee, paid in monthly installments and set at the initial amount of $805,000 annually. This fee will increase by the same percentage as rates increase in each subsequent year of the agreement.

The solid waste collection rates paid by Hercules residents and businesses are comprised of many different rate components, including the post-collection portion of the rate which is set by RecycleMore and not dictated by the City. Setting that portion of the rate aside , Republic has requested a n increase in their portion of residential rates and commercial rates. The City has also negotiated the addition of a single -family bulky item collection program at the cost of $2.62 per month to all single-family ratepayers, which will fund the collection of bulky items on an on -call basis up to two times per year with no additional cost to the ratepayer. The City will now regulate industrial rates, enhancing transparency for the service which is already exclusive to Republic. Finally, the City Fee component of the rates will be removed, as the payment is made from the hauler to the City under the terms of the proposed Agreement.

The negotiated rate increase would be effective July 1, with the next rate increase scheduled for January 1, 2027 (18 -month rate freeze). The City has funded a one -time offset for the initial rate increase paid by the City Waste Program Fee (in the total amount 143
of $243,000) equating to a discount of $2.04 for 20 -gallon customers and $2.12 for 35 - gallon customers, which will also discontinue on January 1, 2027. Republic has also offered a good will discount for 35 -gallon customers of $0.50 per month as a part of negotiations.

Table 1, next page, summarizes the rate components.

Table 1: Residential Rate Components
Container Size
7/1/2025 2025 2025 2025 1/1/2025
Adjustment Good Will Bulky Item
*Rate
Stability
* Post-
Collection
Total
Rate
Discount Rate Fund Charge
20-gallon 3.26 2.62 -2.04 7.56 39.73
35-gallon 3.38 -0.50 2.62 -2.12 13.27 47.25
35-gallon (seniors) 3.38 -0.45 2.62 -2.12 13.27 45.20
65-gallon 5.84 2.62 24.66 83.47
95-gallon 8.30 2.62 37.02 120.88

This adjustment to rates was negotiated over several months and is justified due to increased costs for hauling operations above the regular indexed increases in recent years, as well as future planning for other increased costs moving forward. The subsequent rates compare favorably to neighboring cities, as shown in the rate survey provided as Tables 2 and 3, below.

The total monthly rates shown in Tables 2 and 3 and Chart 1 include:
 All rates are 2024 rates shown with an escalation factor for Tables 2 and 3.  The 2025 approved San Pablo rates associated with their negotiated franchise agreement approved late 2024.
 2025 post-collection rates approved by RecycleMore.
 The current and proposed Hercules rates.
 All rates increased by 3% in Table 3, except San Pablo for which we used the published rate projection, and Hercules which was increased by 3% plus the removal of the Rate Stabilization Fund amounts.
 Both tables and the chart are sorted by the 32-gallon container size.

Table 2: Rate Survey, Residential, 2026 Estimated
20-Gallon 32-Gallon 64-Gallon 96-Gallon
Pleasant Hill $ 33.31 $ 38.31 $ 51.75 $ 76.98 Martinez $ 31.06 $ 44.50 $ 54.67 $ 104.15 Benicia $ 38.61 $ 45.38 $ 56.43 $ 77.36 San Pablo (new) $ 37.76 $ 46.30 $ 87.78 $ 130.61 Pinole* $ 38.97 $ 47.23 $ 84.23 $ 122.54 Hercules (current) $ 39.73 $ 47.25 $ 83.47 $ 120.88 Richmond* $ 38.90 $ 47.66 $ 90.25 $ 134.13 Vallejo N/A $ 50.00 $ 81.11 $ 112.23
Hercules (proposed) $ 43.57 $ 50.63 $ 91.93 $ 131.80 Concord N/A $ 53.18 $ 71.91 $ 88.18
Oakland $ 57.07 $ 64.79 $ 114.30 $ 171.76 144
Berkeley $ 51.30 $ 67.66 $ 93.60 $ 112.47 Albany $ 62.93 $ 70.46 $ 121.78 $ 173.07 El Cerrito $ 55.00 $ 72.00 $ 142.96 N/A Average $ 44.02 $ 53.24 $ 87.58 $ 119.71 Difference between Hercules
and Average
$ (0.44) $ (2.61) $ 4.34 $ 12.10
* Pinole and Richmond are currently negotiating new solid waste collection agreements

Table 3: Rate Survey, Residential, 2027 Estimated
20-Gallon 32-Gallon 64-Gallon 96-Gallon
Pleasant Hill $34.31 $39.46 $53.30 $79.29
Martinez $31.99 $45.83 $56.31 $107.28
Benicia $39.76 $46.74 $58.13 $79.69
San Pablo (new) $41.27 $50.36 $95.50 $142.09
Pinole* $40.14 $48.65 $86.76 $126.22
Richmond* $40.07 $49.09 $92.96 $138.15
Vallejo N/A $51.50 $83.54 $115.60
Concord N/A $54.78 $74.06 $90.82
Hercules (proposed) $46.92 $54.27 $94.69 $135.76 Oakland $58.78 $66.74 $117.73 $176.91
Berkeley $52.84 $69.69 $96.41 $115.84
Albany $64.82 $72.57 $125.44 $178.26
El Cerrito $56.65 $74.16 $147.25 N/A
Average $46.14 $55.68 $90.93 $123.83
Difference between Hercules
and Average
$0.78 $(1.41) $3.76 $11.93

Chart 1: Rate Survey, Residential, 2026 Estimated

Commercial rate comparison was conducted for the 1 Cubic Yard container size, with outcomes as shown in Table 4, next page.

$-
$50.00
$100.00
$150.00
$200.00
20-Gallon 32-Gallon 64-Gallon 96-Gallon
145

Table 4: Commercial Rate Comparison
City 1 Cubic
Yard
Berkeley $187.50
Martinez $230.63
Pleasant Hill $276.97
Albany $280.72
Richmond* $312.70
Oakland $316.54
Pinole* $339.34
San Pablo (new) $345.44
Hercules (current) $359.39
Hercules (proposed) $378.54
Vallejo $453.68
El Cerrito $499.63

Negotiated Outcomes
Given that Republic’s franchise agreements in nearby cities are all expiring at the same time, Hercules staff took a more flexible approach on agreement improvement language such that Republic’s obligations under its agreement with Hercules were ideally al igned with those imposed by the other agencies.

The most significant outcomes of negotiations, as described above, are as follows:
 Franchise agreement effective on July 1, 2025 and expiring on June 30, 2040.  Addition of the single -family bulky item collection program. Residents may call twice per year to schedule a pickup amounting to the equivalent of (a) three (3) Large Items, (b) fifteen (15) 35-gallon bags with a maximum weight of 50 pounds per each bag, (c) four (4) 95-gallon bags with a maximum weight of 50 pounds per each bag, (d) five (5) E -Waste items, or (e) up to 1.8 cubic yards of Garbage or Organic Waste per SFD Service Unit at no additional cost and expense . The cost per household for adding this program is $2.62 per month.  Programs and services required under SB 1383 and full legislative compliance coverage including recycling and organics service as a bundled rate, contamination monitoring, outreach and education, and reporting as required by recent state law.
 City fee increase with an annual payment from Republic to the City of $805,000, escalated by CPI annually, and paid in monthly installments.  The City sets industrial rates.

Other improvements that City staff negotiated as a part of the franchise agreement restatement include the following:
 Annual rate adjustment cap of 5% with a roll-over.
 Annual adjustments to collection service rates based upon the Consumer Price Index for Water, Sewer, and Trash collection (CPI).
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 Limitations on future changes in rates due to change in law.  Updated Agreement including up to date performance and legal standards.  Up to fifty (50) cubic yards of compost or mulch provided to the City annually.  Adjustments to the list of City street cans serviced and free City services including up to four events per year.
 Language describing the impact of potential future changes to the post -collection agreement such that changes may be accounted for without further amendments, within the contemplated limits.
 Reimbursement for consultant cost for negotiations ($35,000).

The City staff considered transitioning to electric vehicles in Hercules, but ultimately did not request this change, which would have resulted in a higher rate increase.

Franchise Fee Study
As part of the new solid waste collection agreement negotiations, City staff contracted with R3 Consulting Group to conduct a Franchise Fee Study (Attachment 3). The study analyzed and calculated:
 The City’s costs for performing the required ma nagement, administration, regulatory compliance and enforcement, solid waste collection and clean -up, and other obligations associated with the Republic Agreement and sanitation system.  An annual use charge to Republic for special and lasting access and u se of government property in the public right -of-way for placement of solid waste containers and collection of their contents.
 The annualized costs of payment repair, maintenance and rehabilitation resulting from the unique impacts on City street pavement caused by Republic’s collection vehicles during the course of providing service.

The City fee of $805,000 annually is fully justified by this study, and the study concluded that the City’s current and projected franchise fee revenues do not exceed the C ity’s actual reasonable costs as outlined above.

Proposition 218 Hearing
In order to adopt the fees contained in the agreement, the City must hold a Proposition 218 hearing. Proposition 218 was a California voter initiative from 1996 which requires that local governments provide property owners with notice and an opportunity to protest proposed changes to fees and assessments. Upon approval of the agreement, staff will prepare Proposition 218 notices and a hearing will be set for the City Council to for mally adopt the fees.

Side Letter Agreement
In order to offset the residential rates for the first 18 months, the City can expend Rate Stabilization funding. This offset would be in the form of payments from the City to Republic. In authorizing the City Manager to execute the proposed side letter agreement, City Council will also be committing the City to pay $243,000 to Republic in monthly 147
installments through December of 2026 and also offsetting the impact of part of the proposed increase to residents by $2.04 for 20 -gallon and $2.12 for 35 -gallon container subscriptions.

FISCAL IMPACT:

An increase in an nual payments to the City from Republic Services is expected to be approximately $195,000. The City will be responsible for monthly payments from July 2025 to December 2026 , totaling $243,000 , to smooth the impact of the initial rate increase. There are sufficient funds available in the Solid Waste and Recycling fund to fulfill this obligation, and this appropriation will be incorporated into the FY 2025 -2026 Annual Budget.

ATTACHMENTS:

1. Resolution approving the Restated Solid Waste Franchise Agreement between the City of Hercules and Richmond Sanitary Service, Inc. dba Republic Services.

2. Franchise Agreement.

3. Franchise Fee Study.

4. Side Letter Agreement Regarding Use of City Rate Stabilization Funds to Offset Maximum Service Rates Effective July 1, 2025, through December 31, 2026

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RESOLUTION NO. XX-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

AUTHORIZING THE CITY MANAGER TO EXECUTE THE RESTATED FRANCHISE

AGREEMENT BETWEEN THE CITY OF HERCULES AND RICHMOND SANITARY SERVICES, DIRECTING STAFF TO SET A PROPOSITION 218 HEARING,

ACCEPTING THE FINAL FRANCHISE FEE STUDY, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE A SIDE LETTER AGREEMENT REGARDING USE OF CITY RATE STABILIZATION FUNDS; AND FINDING THE SE ACTIONS TO BE EXEMP T

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO GUIDELINES SECTIONS 15378 AND 15061(b)(3)
WHEREAS, the City of Hercules (City) has the responsibility and authority under the laws of California to determine all aspects of solid waste handling which are of local concern, including setting of charges and fees for provision of solid waste collection and disposal services; and

WHEREAS, on September 10, 1986, the City entered into a Franchise Agreement with Richmond Sanitary Services, Inc. (RSS) to provide soli d waste collection and disposal services to the community, which is set to expire on June 30, 2025; and WHEREAS, the City of Hercules negotiated the terms and conditions of a new solid waste franchise agreement with Republic Services which include the addition of single family bulky item collection at curbside twice per year at no additional cost to the resident, the regulation of industrial rates, and other service enhancements; and WHEREAS, the increased cost of living as well as the addition of the new services requires an adjustment to the rates charged; and

WHEREAS, approval of this Restated Solid Waste Franchise Agreement (“Restated Agreement”) and authorization to the City Manager to execute the same, acceptance of the franchise fee study supporting the Restated Agreement and actions proposed therein, and authorization of the City Manager to execute a side letter agreement to use rate stabilization funds, are all actions that are exempt from the California Environmental Quality Act (CEQA) in that they are not “project” as defined in CEQA Guidelines Section 15378 because they authorize only administrative activities and no construction or other activities that could impact the environment, and also because even if they were considered a “project ,” they are exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that approval and acceptance of these agreements and the study would have a significant effect on the environment.

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

1. The foregoing recitals are true and correct and are incorporated herein. 149

2. The City Council hereby authorizes the City Manager to execute the Restated Solid Waste Franchise Agreement with Richmond Sanitary Services, Inc., a subsidiary of Republic Services , and to negotiate and make any changes necessary to substantially conform to City Council direction regarding the same, pending a Proposition 218 hearing . City Staff is hereby directed to set the Proposition 218 hearing.

3. The City Council hereby authorizes the City Manager to execute the Side Letter Agreement Regarding Use of City Rate Stabilization Funds to Offset Maximum Service Rates Effective July 1, 2025, through December 31, 2026 and to negotiate and make any changes necessary to substantially conform to City Council direction regarding the same, pending a Proposition 218 hearing.

4. The City Council hereby accepts the Franchise Fee Study.

5. The City Council hereby finds that approval of th e Restated Agreement and authorization to the City Manager to execute the same, acceptance of the Franchise Fee Study, and authorization of the City Manager to execute a side letter agreement to use rate stabilization funds, are all actions that are e xempt from the California Environmental Quality Act (CEQA) in that they are not “project” as defined in CEQA Guidelines Section 15378 because they authorize only administrative activities and no construction or other activities that could impact the environment, and also because even if they were considered a “project,” they are exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that approval and acceptance of these agreements and the st udy would have a significant effect on the environment.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on March 25, 2025, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________
Dion Bailey, Mayor
ATTEST:

______________________________
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Eibleis Melendez, City Clerk
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1 2
3 4
RESTATED SOLID WASTE FRANCHISE AGREEMENT 5
6 Executed Between the 7
City of Hercules and Richmond Sanitary Service, Inc. 8
dba Republic Services 9
10 This ___ day of ___ 2025 11
12 13
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Page 2 of 128 ends

Hercules City CouncilMarch 25, 2025

Hercules City Council
March 25, 2025