City Council

Agenda — 44 items

1. 1 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
2. 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 ▶ jump to 0:02
3. II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS ▶ jump to 1:14
4. III. CONVENE INTO CLOSED SESSION ▶ jump to 1:25
5. 5 The Hercules City Council will meet in Closed Session regarding the following: ▶ jump to 2:07
6. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4) - one case. 25-220
7. 2. Pursuant to Government Code Section 54957.6 Conference With Labor Negotiators - City Negotiators: Dante Hall, City Manager; Edwin Gato, Director of Finance; relative to the following employee groups: a. Teamsters Local 315 Employee Organizations b. Hercules Police Officers Association c. Hercules Senior Manager Employee Group d. Confidential Unrepresented Employee Group e. Mid Management Employee Group 25-216
8. IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M. ▶ jump to 2:12
9. V. REPORT ON ACTION TAKEN IN CLOSED SESSION ▶ jump to 2:34
10. VI. PLEDGE OF ALLEGIANCE ▶ jump to 2:35
11. VII. MOMENT OF SILENCE ▶ jump to 2:58
12. VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS Update on Solid Waste Services - Republic Services ▶ jump to 2:59
13. IX. AGENDA ADDITIONS/DELETIONS ▶ jump to 23:46
14. 14 PAGE BREAK
15. X. PUBLIC COMMUNICATIONS ▶ jump to 23:51
16. 16 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.
17. XI. PUBLIC HEARINGS ▶ jump to 27:27
18. 1. Public Hearing to Consider Whether to Adopt Proposed Sewer Rate Increases Pursuant to Proposition 218 RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Conduct a public hearing pursuant to Section 6(a)(2) of Article XIII D of the California Constitution regarding the proposed changes to the sewer rates. During the Public Hearing, consider all protests against the proposed changes to the sewer rates; 2. Close the Public Hearing 3. If written protests against the proposed sewer rates are presented by a majority of the affected parcels of real property, the proposed sewer rates cannot be adopted; or 4. If written protests against the proposed sewer rates are presented by less than a majority of the affected parcels of real property, adopt the following Resolution titled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES FINDING THAT NO MAJORITY PROTEST EXISTS AND ADOPTING SEWER RATES. " 25-206 adopt Pass ▶ jump to 73:47
19. 19 PAGE BREAK
20. XII. CONSENT CALENDAR adopt Pass ▶ jump to 75:00
21. 1. Meeting Minutes for the Regular Meeting of July 8, 2025 25-217
22. XIII. DISCUSSION AND/OR ACTION ITEMS ▶ jump to 75:27
23. 22 Declare Results of Protest Balloting Proceedings and Confirm Fiscal Year 2025/26 Assessments for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 RECOMMENDATION: City staff is recommending City Council take the following actions: 1. Adopt a Resolution Declaring the Results of the Ballot Tabulation Regarding the Proposed Increase to the Maximum Assessment Rate for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 commencing Fiscal Year 2025/26; and 2. Adopt a Resolution Approving the Final Engineer’s Report, Confirming Diagram and Assessments, and Ordering Levy of Assessments for Fiscal Year 2025/26 for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 pursuant to the Landscaping and Lighting Act of 1972; and 3. Adopt a Resolution Authorizing the City Manager and Finance Director to Execute Any and All Necessary Documentation to Repay the General Fund for Monies Loaned to Victoria by the Bay Landscaping and Lighting District in an Amount Not to Exceed $700,000 Over 10 Years and will bear no interest. 25-207 approve Pass
24. 1. Declare Results of Protest Balloting Proceedings and Confirm Fiscal Year 2025/26 Assessments for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 RECOMMENDATION: City staff is recommending City Council take the following actions: 1. Adopt a Resolution Declaring the Results of the Ballot Tabulation Regarding the Proposed Increase to the Maximum Assessment Rate for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 commencing Fiscal Year 2025/26; and 2. Adopt a Resolution Approving the Final Engineer’s Report, Confirming Diagram and Assessments, and Ordering Levy of Assessments for Fiscal Year 2025/26 for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 pursuant to the Landscaping and Lighting Act of 1972; and 3. Adopt a Resolution Authorizing the City Manager and Finance Director to Execute Any and All Necessary Documentation to Repay the General Fund for Monies Loaned to Victoria by the Bay Landscaping and Lighting District in an Amount Not to Exceed $700,000 Over 10 Years and will bear no interest. 25-207 approve Pass ▶ jump to 75:29
25. 23 Declare Results of Protest Balloting Proceedings and Confirm Fiscal Year 2025/26 Assessments for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 RECOMMENDATION: City staff is recommending City Council take the following actions: 1. Adopt a Resolution Declaring the Results of the Ballot Tabulation Regarding the Proposed Increase to the Maximum Assessment Rate for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 commencing Fiscal Year 2025/26; and 2. Adopt a Resolution Approving the Final Engineer’s Report, Confirming Diagram and Assessments, and Ordering Levy of Assessments for Fiscal Year 2025/26 for Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 pursuant to the Landscaping and Lighting Act of 1972; and 3. Adopt a Resolution Authorizing the City Manager and Finance Director to Execute Any and All Necessary Documentation to Repay the General Fund for Monies Loaned to Victoria by the Bay Landscaping and Lighting District in an Amount Not to Exceed $700,000 Over 10 Years and will bear no interest. 25-207 approve
26. 2. Adopt a resolution authorizing the City Manager to execute a professional services agreement with SDI Presence, LLC, for the development of an Information Technology Strategic Plan (ITSP) in an amount not to exceed $84,150 RECOMMENDATION: Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement with SDI Presence, LLC, for the development of an Information Technology Strategic Plan (ITSP) in an amount not to exceed $84,150. 25-208 adopt Pass ▶ jump to 91:22
27. 3. Discussion Regarding Potential Revenue-Generating Options RECOMMENDATION: Staff recommends that the City Council receive the report on potential revenue-generating options and, by minute order, provide guidance to staff on which option or options to pursue. 25-195 approve Pass ▶ jump to 91:45
28. 4. Update on the Hercules Police Department RECOMMENDATION: Receive an update on the Hercules Police Department 25-210 ▶ jump to 136:12
29. XIV. PUBLIC COMMUNICATIONS ▶ jump to 172:45
30. 28 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.
31. 29 PAGE BREAK
32. XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS, COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS AND FUTURE AGENDA ITEMS ▶ jump to 173:14
33. 31 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 a. Contra Costa Mayors Conference b. Hercules/ Pinole - WasteWater Management c. League of Cities d. Water Emerg. Transportation Authority e. WCCIWMA f. WCCTAC g. West Co. Mayors & Supervisors Assoc. Meeting h. WestCat I. MCE j. CCTA k. East Bay Wildfire Coalition of Governments 2. City Council Committees and Subcommittees a. Econ. Dev. Subcommittee b. Traffic and Public Safety Committee c. East Bay Economic Development Alliance d. Education Subcommittee 3. Commission Liaisons a. Community & Library Services Commission b. Finance Commission c. Planning Commisison
34. XVI. ADJOURNMENT ▶ jump to 180:47
35. 33 INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING COMMISSION HYBRID MEETINGS
36. 34 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.
37. 35 How to Submit Public Comments
38. 36 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 emelendez@herculesca.gov. 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@herculesca.gov 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.
39. 37 PAGE BREAK
40. 38 OTHER WAYS TO WATCH THE MEETING
41. 39 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.
42. 40 PAGE BREAK
43. 41 THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES, PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS
44. 42 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.