City Council

Agenda — 45 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. CLOSED SESSION – CALL TO ORDER - ROLL CALL - 6:00 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 IB SPECIAL MEETING - CLOSED SESSION approve ▶ jump to 1:02
3. II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS ▶ jump to 3:44
4. III. CONVENE INTO CLOSED SESSION ▶ jump to 4:27
5. 5 The Hercules City Council will meet in Closed Session regarding the following: ▶ jump to 4:34
6. 1. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Pursuant to Government Code Section 54956.9(e)(1) in one matter. 22-978
7. 2. 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. Teamsters Local 315 Employee Organizations b. Hercules Police Officers Association 22-989
8. 3. 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 22-990
9. IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M. ▶ jump to 5:53
10. V. REPORT ON ACTION TAKEN IN CLOSED SESSION ▶ jump to 6:36
11. VI. PLEDGE OF ALLEGIANCE ▶ jump to 6:37
12. VII. MOMENT OF SILENCE ▶ jump to 6:39
13. 12 PAGE BREAK
14. VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS ▶ jump to 6:44
15. IX. AGENDA ADDITIONS/DELETIONS ▶ jump to 6:50
16. X. PUBLIC COMMUNICATIONS ▶ jump to 7:02
17. 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.
18. XI. PUBLIC HEARINGS ▶ jump to 7:22
19. XII. CONSENT CALENDAR adopt Pass ▶ jump to 7:44
20. 1. Meeting Minutes of the Regular Meeting of October 8, 2024 22-991
21. 2. Accept the Investment Report for the Quarter Ending September 30, 2024 RECOMMENDATION: Accept the Investment Report for the Quarter Ending September 30, 2024 22-992
22. 3. Approve Memorandum of Understanding with the Hercules Police Officers Association (HPOA). RECOMMENDATION: Adopt a Resolution Approving a Memorandum of Understanding with the Hercules Police Officers Association (HPOA). 22-993
23. 22 PAGE BREAK
24. XIII. DISCUSSION AND/OR ACTION ITEMS ▶ jump to 8:10
25. 1. Professional Services Agreement with LSA in the amount of $132,101 to Secure the Environmental Permits, Complete the Final Design, and Perform Analytical Testing on the Spoils for the Lake Refugio Dredging Project and appropriating $32,101 from the General Fund/Capital Reserves to fully fund the Agreement RECOMMENDATION: Adopt a Resolution authorizing the City Manager to execute an agreement with LSA for a not to exceed amount of $132,101 to secure the environmental permits, complete the final design, and perform analytical testing on the spoils for the Lake Refugio Dredging Project and appropriating $32,101 from the General Fund/Capital Reserves to fully fund the agreement. 22-994 adopt Pass ▶ jump to 25:28
26. 1. Professional Services Agreement with LSA in the amount of $132,101 to Secure the Environmental Permits, Complete the Final Design, and Perform Analytical Testing on the Spoils for the Lake Refugio Dredging Project and appropriating $32,101 from the General Fund/Capital Reserves to fully fund the Agreement RECOMMENDATION: Adopt a Resolution authorizing the City Manager to execute an agreement with LSA for a not to exceed amount of $132,101 to secure the environmental permits, complete the final design, and perform analytical testing on the spoils for the Lake Refugio Dredging Project and appropriating $32,101 from the General Fund/Capital Reserves to fully fund the agreement. 22-994 ▶ jump to 8:15
27. 2. City-Sponsored Event Policy Amendments RECOMMENDATION: Approve a resolution amending the City-Sponsored Event Policy to allow the City Manager to fully or partially waive facility rental fees as well as permit fees as an in-kind contribution to community events that the City chooses to co-sponsor with City-recognized nonprofit groups. 22-995 adopt Pass ▶ jump to 28:39
28. 3. Discussion on Inclusive Recreation Programming for Individuals with Disabilities RECOMMENDATION: Staff recommends that the City Council receive a report on a potential inclusive event designed to serve individuals with disabilities, discuss the subject, and provide additional feedback. 22-998 adopt Pass ▶ jump to 46:39
29. 4. Queen Anne House Demolition RECOMMENDATION: Adopt a resolution finding demolition of the Queen Anne house to be exempt from CEQA, authorizing its demolition, and amending the General Fund FY 2024-25 Budget for the Public Works Department increasing its appropriation by $50,000 for testing and demolition of the structure. 22-996 adopt Pass ▶ jump to 60:00
30. 4. Queen Anne House Demolition RECOMMENDATION: Adopt a resolution finding demolition of the Queen Anne house to be exempt from CEQA, authorizing its demolition, and amending the General Fund FY 2024-25 Budget for the Public Works Department increasing its appropriation by $50,000 for testing and demolition of the structure. 22-996 ▶ jump to 47:16
31. 5. Youth In Government Day RECOMMENDATION: Staff recommends that the Hercules City Council receives report about Youth In Government Day that will take place on Tuesday, November 12, 2024. 22-997 ▶ jump to 60:26
32. XIV. PUBLIC COMMUNICATIONS ▶ jump to 67:43
33. 30 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.
34. XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS, COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS AND FUTURE AGENDA ITEMS ▶ jump to 67:58
35. 32 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
36. XVI. ADJOURNMENT ▶ jump to 72:22
37. 34 INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING COMMISSION HYBRID MEETINGS
38. 35 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.
39. 36 PAGE BREAK
40. 37 How to Submit Public Comments
41. 38 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@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@herculesca.gov 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.
42. 39 OTHER WAYS TO WATCH THE MEETING
43. 40 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.
44. 41 THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES, PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS
45. 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.