City Council

Agenda — 40 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 - NONE ▶ jump to 0:49
3. II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS - NONE
4. III. CONVENE INTO CLOSED SESSION
5. 5 The Hercules City Council will meet in Closed Session regarding the following: NO CLOSED SESSION
6. IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M. ▶ jump to 0:51
7. V. REPORT ON ACTION TAKEN IN CLOSED SESSION- NO CLOSED SESSION
8. VI. PLEDGE OF ALLEGIANCE ▶ jump to 0:54
9. VII. MOMENT OF SILENCE ▶ jump to 0:55
10. VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS Mayor Romero would like to acknowledge the following for the Month of April - National Library Week - April 7th- 13th National Volunteer Month National Volunteer Week April 21-27th The Herculean Mile Award Winners Karen and Tony Sanchez Jeanne Krall ▶ jump to 1:00
11. 1. Proclamation Recognizing Janette Lares- Miss Hercules and Miss CA. Earth 2022 22-818 ▶ jump to 18:39
12. IX. AGENDA ADDITIONS/DELETIONS ▶ jump to 28:55
13. 13 PAGE BREAK
14. X. PUBLIC COMMUNICATIONS ▶ jump to 33:13
15. 15 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.
16. XI. PUBLIC HEARINGS ▶ jump to 33:15
17. 1. Five Year Extension of the Expiration Date of the Vesting Tentative Map No. 9533 and Amendment #4 to the Development and Owner Participation Agreement (DOPA 07-01) for the Hill Town Project RECOMMENDATION: Staff recommends that the City Council approve adoption of Hill Town Amendment #4 to extend the term of the Development and Owner Participation Agreement (DOPA 07-01) by and between the City of Hercules and the Santa Clara Valley Housing Group, Inc. and authorize the City Manager to execute the amended DOPA if it is substantially similar to the approved draft (Attachment 2A), to extend the expiration date of the Vesting Tentative Map No. 9533 for the Hill Town project and finding the actions are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). 22-810 adopt Pass ▶ jump to 43:20
18. 2. Repeal Local Density Bonus Regulations in Hercules Municipal Code and Reference State Density Bonus Law RECOMMENDATION: Staff recommends that the City Council adopt Ordinance No. 24-XX (Attachment 2) the proposed amended provisions of Hercules Municipal Code Sections 13-6.100, 13-6.300 and 13-30.420, amending and renumbering Sections 13-30.460 and 13-30.470, repealing Sections 13-30.430, 13-30.440 and 13-30.450 and amending Section 13-60.200 to comply with the State Density Bonus Law and finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). 22-811 adopt Pass ▶ jump to 52:56
19. XII. CONSENT CALENDAR adopt Pass ▶ jump to 53:35
20. 1. Meeting Minutes for the Special Meeting of March 12, 2024 22-817
21. XIII. DISCUSSION AND/OR ACTION ITEMS
22. 1. CCTA Feasibility Study Update for Expanded Ferry Service in Contra Costa County - Hercules Location RECOMMENDATION: It is recommended that the City Council receive a status update from Contra Costa County Transportation Authority (CCTA) Executive Director Tim Haile on the draft Ferry Feasibility Study for the Hercules location and discuss the information provided. 22-814 ▶ jump to 55:03
23. 2. Contra Costa Countywide Smart Signals Project RECOMMENDATION: It is recommended that the City Council receive a presentation from Contra Costa County Transportation Authority (CCTA) Planning Director John Hoang on the Contra Costa Countywide Smart Signals Project including within the City of Hercules and discuss the information provided. 22-813 ▶ jump to 94:34
24. 3. Draft Fiscal Year 2024-25 Capital Projects Proposed Budget and Ten-Year Capital Improvement Projects (CIP) Plan RECOMMENDATION: City Council receive a report and the Draft Fiscal Year (FY) 2024-25 Proposed Budget and Ten-Year CIP plan to discuss and provide direction to staff regarding future funding options as recommended below: 1. Capital Grants 2. General Fund Reserve 3. Bond Financing 22-812 ▶ jump to 125:23
25. 4. Victoria by the Bay Landscaping and Lighting Assessment District - Implementing Strategy to Balance the Budget and Eliminate the Fund Deficit. RECOMMENDATION: It is recommended that City Council: a) Receive a report from staff on the follow-up items from the February 27, 2024 Council meeting; and b) Direct staff by minute order to begin preparing documents for a Proposition 218 property owner ballot proceeding to increase assessment rates for the Victoria by the Bay Landscaping and Lighting Assessment commencing Fiscal Year 2024/25 to balance the budget and eliminate the cumulative fund deficit over a 10-year period, to be considered for approval at a future Council meeting during the regularly scheduled, annual LLAD assessment approval process; and c) Select by minute order the cessation of irrigation and maintenance of the landscaping on residential streets, excepting trees, as the preferred cost-cutting option to balance the budget and eliminate the deficit over a 10-year period, should the Proposition 218 proceedings to increase the assessments not pass, and authorize staff to communicate the same to property owners in advance of said proceedings; and d) Authorize staff by minute order to include the funding of a Lighting and Landscaping Program Supervisor in the Fiscal Year 2024/25 Budget to be considered for approval at a future Council meeting as part of the annual budget adoption process. 22-815 adopt ▶ jump to 222:10
26. XIV. PUBLIC COMMUNICATIONS ▶ jump to 215:57
27. 27 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.
28. 28 PAGE BREAK
29. XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS, COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS AND FUTURE AGENDA ITEMS ▶ jump to 227:57
30. 30 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
31. XVI. ADJOURNMENT ▶ jump to 236:04
32. 32 INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING COMMISSION HYBRID MEETINGS
33. 33 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.
34. 34 PAGE BREAK
35. 35 How to Submit Public Comments
36. 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: 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@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.
37. 37 OTHER WAYS TO WATCH THE MEETING
38. 38 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.
39. 39 THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES, PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS
40. 40 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.