City Council

City of Hercules 111 Civic Drive Hercules, CA 94547 Meeting Agenda Tuesday, October 24, 2023 6:50 PM In-Person in Council Chambers or To Watch or Listen only: Zoom ID: 858 5552 2139 Zoom Passcode: 113042 Zoom Phone Number: 1-669-900-6833 City Council Mayor Alex Walker-Griffin Vice Mayor Dan Romero Council Member Dion Bailey Council Member Chris Kelley Council Member Tiffany Grimsley Dante Hall, City Manager Patrick Tang, City Attorney Eibleis Melendez, City Clerk City Council Meeting Agenda October 24, 2023 See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. CLOSED SESSION – CALL TO ORDER - ROLL CALL- 6:50 P.M. II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS III. CONVENE INTO CLOSED SESSION NOTE: DISCUSSION OF CLOSED SESSION ITEMS WILL BE DEFERRED TO THE END OF THE REGULAR MEETING. The Hercules City Council will meet in Closed Session regarding the following: 1. 22-680 Pursuant to Government Code Section 945956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Property Address: 1991 Railroad Ave., Hercules Ca 94547: Real Property Negotiator: Dante Hall 2. 22-681 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(e)(1): In One (1) Matter 3. 22-665 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney 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 City of Hercules Page 2 City Council Meeting Agenda October 24, 2023 X. PUBLIC COMMUNICATIONS This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda. Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments. XI. PUBLIC HEARINGS 1. 22-684 Public Hearing on Approving Additions, Deletions and Adjustments to the Master Fee Schedule RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, and adopt the resolution approving additions, deletions and adjustments to the Master Fee Schedule for services provided by the City. Attachments: Staff Report - Master Fee Schedule Attach 1 - Resolution Master Fee Schedule Attach 2 - Hercules Cost of Services Study_Final Report 08.09 Attach 3 - Hercules Fee Study Presentation Attach 4 - Selected User Fee Comparison with other Jurisdictions Attach 5 - Master Fee Schedule XII. CONSENT CALENDAR 1. 22-682 Meeting Minutes for the Special Meeting on October 3, 2023 Attachments: Meeting Minutes for the Special Meeting on October 3, 2023 2. 22-691 Meeting Minutes for the Regular Meeting of October 10, 2023 Attachments: Meeting Minutes for the Regular Meeting of October 10, 2023 City of Hercules Page 3 City Council Meeting Agenda October 24, 2023 3. 22-683 Ordinance of The City Council Of The City Of Hercules Amending The Hercules Municipal Code Title 3, Chapter 4, Article 12 To Specify Parking Restrictions In Designated Green Zones, And Clarifying Parking Time Limits In Designated Yellow Zones. RECOMMENDATION: Approve final adoption of an ordinance establishing Green Zone parking restrictions, provided as Attachment 1 to this report. Attachments: Staff Report - Amending HMC Parking to Establish Green Zones Attach 1 - Ordinance Amending HMC 3-4.1202 -Green Curbs XIII. DISCUSSION AND/OR ACTION ITEMS 1. 22-686 Refugio Valley Park Tree Succession & Shade Structure Plan - Review of COmmunity Survey and Selection of Preferred Alternative RECOMMENDATION: Receive a report on the Refugio Valley Park community survey and Tree Succession and Shade Structure Plan conceptual alternatives, discuss, and provide direction to staff on the preferred alternative. Attachments: Staff Report - Conceptual Plan Attach 1 - 2023-10-17 Outreach Summary -Refugio Valley Park (1) 2. 22-687 Termination of Disposition and Development Agreement for Loop Site (APN 406-070-042) RECOMMENDATION: Approve the draft Termination of the Disposition and Development Agreement (Attachment 2) for the Loop Site and authorize the City Manager to execute all related documents that are substantially similar to the approved draft. Attachments: Staff Report - Loop Site DDA termination Attach 1 - Resolution - Loop SIte DDA Termination Attach 2 - DRAFT Termination of DDA 20230927 Attach 3 - New Town Center DDA Attach 4 - DDA 1st Amendment Attach 5 - DDA 2nd Amendment City of Hercules Page 4 City Council Meeting Agenda October 24, 2023 3. 22-688 Award Of Contract For Grant Writing Services Agreement To California Consulting Inc. RECOMMENDATION: Staff recommends that the City Council Authorize the City Manager to execute a Professional Services Agreement with California Consulting Inc. for grant writing services. Attachments: Staff Report - Award of Contract for Grant Writing Services Attach 1 - Resolution Authorizing Agreement With Interwest Group For Grant Writing Services Attach 2 - Staff Report - Request for Proposals for Grant Writing Services (2) Attach 3 - 2023-08-21_RFP-Grant Writing Services Attach 4 - Grant Writing Service Proposals Submitted 4. 22-685 Amendment No.1 with R3 for a Not to Exceed Amount of $30K to complete a Solid Waste Fee Study for the Franchise Agreement Renewal Negotiations for a Total Not to Exceed Contract Amount of $50K and an appropriation of $50K from the Solid Waste Fund to fully fund the Contract. RECOMMENDATION: City Council adopt a resolution authorizing the City Manager to execute Amendment No.1 with R3 for a not to exceed amount of $30K to complete a solid waste fee study for the franchise agreement renewal negotiations for a total not to exceed contract amount of $50K and appropriating $50K from the Solid Waste Fund to fully fund said amendment and restore the contingency funding used for the $20K base contract. Attachments: Staff Report - R3 Amendment No.- 10112023 Attach 1 - Resolution R3 Amend No.1 Attach 2 - R3 Consulting Group Inc. - Contract Amendment 1 Attach 3 - 23-058-CM-R3-Negotiations Assistance for Republic Services Agreement 5. 22-689 Hercules Recognition Program - The Extra Mile RECOMMENDATION: Staff recommends that the Hercules City Council receives, discusses, and provides direction regarding a Hercules Recognition Program that would celebrate individuals that have consistently gone above and beyond to make Hercules a better place. The distinction will be called “The Extra Mile”. Attachments: Staff Report - Hercules Recognition Program - The Extra Mile Attach 1 - Extra Mile Awards Recognition Program - Criteria and Process - example City of Hercules Page 5 City Council Meeting Agenda October 24, 2023 6. 22-690 Youth In Government Day RECOMMENDATION: Staff recommends that the Hercules City Council receives report about our first Youth In Government Day that will take place on Tuesday, November 14, 2023. Attachments: Staff Report - Youth in Government Day Attach 1 - Youth In Government Day Agenda Attach 2 - YIG - DYNO Community Challenge 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 Committees 2. City Council Committees and Subcommittees 3. Commission Liaisons XVI. ADJOURNMENT RECONVENE INTO CLOSED SESSION. The next Regular Meeting of the City Council will be held on Tuesday, November 14, 2023 at 7:00p.m. in the Council Chambers. Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956. Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the City Clerk at (510) 799-8200 (Posted: October 19, 2023) City of Hercules Page 6 City Council Meeting Agenda October 24, 2023 INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING COMMISSION HYBRID MEETINGS Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover. How to Submit Public Comments In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk. Via Zoom: At this time remote public comment is suspended and will not be accepted. To watch and listen only Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782. Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to emelendez@ci.hercules.ca.us. 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 emelendez@ci.hercules.ca.us or by calling (510) 799-8208. All public comments will become part of the official meeting record. As email containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting. City of Hercules Page 7 City Council Meeting Agenda October 24, 2023 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. City of Hercules Page 8 City Council Meeting Agenda October 24, 2023 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. City of Hercules Page 9