City Council

City of Hercules 111 Civic Drive Hercules, CA 94547 Meeting Agenda Tuesday, September 22, 2020 6:00 PM CLOSED SESSION - 6:00 P.M. REGULAR SESSION - 7:00 P.M. Virtual Meeting Via Zoom City Council Mayor Roland Esquivias Vice Mayor Chris Kelley Council Member Dan Romero Council Member Dion Bailey Council Member Gerard Boulanger David Biggs, City Manager Patrick Tang, City Attorney Lori Martin, City Clerk City Council Meeting Agenda September 22, 2020 To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS III. CONVENE INTO CLOSED SESSION The Hercules City Council will meet in Closed Session regarding the following: 1. 20-327 Pursuant to Government Code Section 54957.6 Conference With Labor Negotiators - City Negotiators: David Biggs, City Manager; Edwin Gato, Director of Finance; Lori Martin, Director of Administrative Services relative to the following employee groups: a. Teamsters Local 315 Employee Organizations 2. 20-315 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager (Discuss Annual Evaluation Per Employment Agreement) IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL 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 X. PUBLIC COMMUNICATIONS City of Hercules Page 2 City Council Meeting Agenda September 22, 2020 In accordance with Executive Order N-25-20 and guidance from the California Department of Public Health on gatherings, remote public participation is allowed as follows: Public comment will be accepted by email to Lori Martin at lmartin@ci.hercules.ca.us during the meeting, prior to the close of public comment on an item and will be read into the record during public comment. All comments received by the close of the public comment period will be available after the meeting as supplemental materials and will become part of the official meeting record. The City cannot guarantee that its network and/or the site will not be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting. For additional alternatives to providing public comments please refer to the Notice of Important Instructions on how to Participate and Watch the Hercules City Council Meeting on the front page of the agenda. Individuals wishing to address the City Council are asked to provide the following information: 1. Subject line to contain the words "PUBLIC COMMENTS". 2. Name, address and contact information of person providing comments. 3. General topic or agenda item you wish to comment on. All public comments are allowed up to 3 minutes to relay their message or concern. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments. XI. PUBLIC HEARINGS 1. 20-333 Public Hearing to Consider Resolution Approving Requested Modifications to Existing Approvals for the Hill Town Project, Including Final Planned Development Plan #19-01 and Design Review Permit #19-02, Following Community Development Director's Denial Pursuant to Chapter 13-46 of the Hercules Municipal Code Recommendation: Open the public hearing, receive a presentation from City staff and the applicant, receive any testimony from the public, ask applicant team or City staff to answer questions, and if ready to take action, close the public hearing and consider adopting the following Resolution for the project entitlements. Attachments: Staff Report - Hill Town Modifications - Council Appeal - 09222020 Attach 1 - CC Reso for Hill Town - modified FPDP DRP - 2020-09-22 Exhibit A - Proposed Hill Town modifications - 11x17 Exhibit B - Hill Town Modifications - Amended Conditions of Approval Exhibit C - Hill Town Modifications - Findings with Facts City of Hercules Page 3 City Council Meeting Agenda September 22, 2020 XII. CONSENT CALENDAR 1. 20-330 Minutes Recommendation: Approve the regular meeting minutes of September 8, 2020. Attachments: Minutes - 090820 - Regular 2. 20-329 2nd Reading and Adoption to Amend Hercules Municipal Code Title 2, Chapter 2, "Boards and Commission", to 1) Change the Finance Commission Meeting Schedule from Monthly to Bi-Monthly pursuant to City Council Resolution 19-019; 2) Amend Title 8, Chapter 8 to Amend the Finance Commission Oversight Subcommittee to Reflect that it will meet pursuant to Title 2, Chapter 2, Section 2-2.607 Recommendation: Approve the 2nd reading and adopt Ordinance 528 to amend the Hercules Municipal Code Title 2, Chapter 2 and Title , Chapter 8 amending the Finance Commission and theFinance Commission Oversight Subcommittee to change the meeting schedule from monthly to bi-monthly as established by City Council Resolution 19-019. Attachments: Staff Report - Ordinance 528 - Boards and Commissions Attach 1 - Ordinance 528 Attach 2 - Ordinance 519 - Boards and Commissions Attach 3 - 19-019 - City Council Resolution - Regular Meetings of City Commissions 3. 20-334 Review Upcoming Council Agenda Items List Recommendation: Recieve report, discuss, and provide direction, if any. Attachments: Staff Report - Qrtly Review Agenda Pending Items 092220 Attach 1 - Agenda List of Pending Items XIII. DISCUSSION AND/OR ACTION ITEMS 1. 20-326 Update on Regional Intermodal Transportation Center Design Recommendation: Receive report, discuss, and provide direction, if any. Attachments: Staff Report - RITC Design Udpate 09222020 Attach 1 - Regional Intermodal Transportation Center Design Update 2. 20-337 Sycamore Avenue Trunk Sewer Replacement Project Update Recommendation: Receive a presentation on the status of the Sycamore Avenue Trunk Sewer Replacement Project. Attachments: Staff Report - Sycamore Ave Trunk Sewer Attach 1 - Presentation 09222020 City of Hercules Page 4 City Council Meeting Agenda September 22, 2020 3. 20-332 Award of Construction Contract for the Civic & Sycamore Pedestrian Enhancement Project Recommendation: Adopt a Resolution authorizing the City Manager to execute a construction contract with HM Construction for the Civic & Sycamore Pedestrian Enhancement Project. Attachments: Staff Report - Civic & Sycamore Pedestrian Enhancement Project Attach 1 - Resolution - Civic & Sycamore Pedestrian Enhancement Project Attach 2 - Exhibit Civic Sycamore Pedestrian Enhancement Project 4. 20-325 Business License Tax Structure Recommendation: Receive report, discuss, and provide direction, if any. Attachments: Staff Report - Business License Fee Structure 09222020 Attach 1 - Business License Tax Update 03102020 5. 20-328 League of California Cities Conference Resolution Recommendation: Discuss the Resolution to be voted on at the upcoming League of California Cities annual conference business meeting being held virtually on October 9th at 11:00 AM and provide input to the City's voting delegation. Attachments: Staff Report - LOCC Resolution Packet Attach 1 - LOCC 2020 Resolution Packet 6. 20-335 SB 946 Sidewalk and Park Vending Requirements and Proposed Draft Ordinance Recommendation: Accept staff report, discuss, and direct staff to agendize amendments to the Hercules Municipal Code to establish revised regulations for sidewalk and park vendors consistent with the requirements of SB 946. Attachments: Staff Report - Sidewalk Vending 2020922 Attach 1 - Draft Ordinance - SIDEWALK VENDING 2020922 Attach 2 - SB 946 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. City of Hercules Page 5 City Council Meeting Agenda September 22, 2020 XVI. ADJOURNMENT The next Regular Meeting of the City Council will be held on Tuesday, October 13, 2020 at 7:00 p.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 enotice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the Administrative Services Department at (510) 799-8215. (Posted: September 17, 2020) THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES, PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS 1. SPECIAL ACCOMODATIONS: 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 510-799-8215 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, Hercules Post Office, 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. City of Hercules Page 6