111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lori Martin, City Clerk
6:00 PMTuesday, January 25, 2022
Zoom Meeting ID: 842 0985 1288
Zoom Passcode: 799394
Zoom Phone Number: 1-669-900-6833
I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 6:01 p.m.
Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
None.
III. CONVENE INTO CLOSED SESSION
City Attorney Tang announced the items listed on the agenda to be discussed in closed session.
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 7:11 p.m.
Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
1. 22-035 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9 (e)(1): In one (1) matter.
2. 22-036 Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiators: Property Address: 1991 Railroad Ave, Hercules, CA 94547; Real Property Negotiator: Dante Hall, City Manager
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V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney Tang identified the items discussed in closed session and stated that no were no final or reportable actions.
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Kelley.
VII. MOMENT OF SILENCE
The moment of silence was conducted after Discussion Item XIII.3. Mayor Bailey called for a moment of silence for Michelle Go who was tragically killed at a New York subway station on January 15, 2022. Ms. Go was a former resident of Berkeley and Fremont, CA.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-037 Proclamation in Celebration of Lunar New Year 2022 Mayor Bailey read aloud the Proclamation and presented it to Si Lau, Vice President of the Chinese Association. Members of the City Council provided comments. Ms. Lau provided remarks and thanked the Mayor and Council for their recognition of Lunar New Year and the Chinese Association.
IX. AGENDA ADDITIONS/DELETIONS
None.
X. PUBLIC COMMUNICATIONS
West Contra Costa Unified School District Trustee, Jamela Smith-Folds provided an update on Area 1 of the school district.
XI. PUBLIC HEARINGS
1. 22-029 Zoning Text Amendment #21-02 - Parking Exception Recommendation: Adopt an ordinance amending Title 13, Chapter 32 of the Hercules Municipal Code to add Section 13-32.500 to allow the approval of parking exceptions on a validated case-by-case basis citywide.
Community Development Director Reber introduced the item and provided a staff report. Members of the City Council asked questions and provided comments.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley to waive the first reading and approve the introduction of an Ordinance amending Title 13, Chapter 32 of the Hercules Municipal Code to add Section 13-32.500 to allow the approval of parking exceptions on a validated
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case-by-case basis citywide.
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
2. 22-030 America's Tire Store: Proposal to Construct and Operate an 8,938-square-foot Tire Store on the Southerly Portion of The Home Depot Parking Lot at 1625 Sycamore Avenue, Hercules
Recommendation: Adopt a resolution:
(1) Amending the conditions of approval for Conditional Use Permit #03-02 and Design Review Permit #03-02 for The Home Depot project; and (2) Approving the America's Tire store project, consisting of Conditional Use Permit #21-03, Design Review Permit #21-03, and Tentative Parcel Map #21-01.
Community Development Director Reber introduced the item and provided a staff report. Colt Elisworth of Discount Tires gave a presentation on the America's Tire project. Community Development Director Reber provided additional comments. Scott Mommer, Home Depot Representative asked questions and provided comments. Members of the City Council asked questions and provided comments.
Mayor Bailey opened the public hearing at 8:06 p.m.
A comment was provided by Mayor Bailey during the open public hearing period.
Mayor Bailey closed the public hearing at 8:07 p.m. with no other comments provided.
City Council requested that 4 amendments be made to the Conditions of Approval:
1. Restricting use to tire services only with any additional services provided beyond that will be required to undergo additional review and approval of the Planning Commission and City Council.
2. Prohibit overnight storage of vehicles in the parking lot.
3. When using pneumatic equipment the bay doors shall be closed.
4. Trash collection system to be kept onsite with the site swept regularly on a daily basis and removal of any debris found near the creek on a daily basis.
MOTION: Motion by Council Member Romero, seconded by Vice Mayor Walker-Griffin to adopt Resolution 22-005 to include the amendments discussed to the Conditions of Approval.
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Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
XII. CONSENT CALENDAR
MOTION: Motioned by Council Member Romero, seconded by Council Member Kelley to adopt the Consent Calendar.
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
1. 22-028 Minutes
Recommendation: Approve the special meeting minutes of January 4, 2022, the regular meeting minutes of January 11, 2022 and the special meeting minutes of January 18, 2022.
Approved.
2. 22-014 Annual Update Regarding the Following Matters:
1) Anti-Nepotism and Anti-Cronyism Ordinance
2) Hercules Ethics Policy
Recommendation: Accept report, provide direction to staff, if any and file the report.
Accepted and filed.
3. 22-034 Emergency Declaration Extension
Recommendation: Adopt a Resolution extending the Declaration of Local Emergency by 30 days to March 2, 2022.
Approved.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-031 Fiscal Year 2020-21 Annual Comprehensive Financial Report Recommendation: Receive the fiscal year (FY) 20-21 Annual Comprehensive Financial Report (CAFR) and accept the audited financial statements.
Finance Director Gato introduced the item and provided a staff report.
Gary Caporicci of the Pun Group gave a presentation on the FY 2020-21 audited financial statements. Members of the City Council asked questions and provided comments.
MOTION: Motioned by Council Member Kelley, seconded by Vice Mayor Walker-Griffin to accept and file the FY 2020-21 audited financial statements.
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
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2. 22-032 Long-Term Financial Projection for the General Fund and Approval of a Resolution Declaring a Fiscal Emergency in the City of Hercules by Unanimous Vote
Recommendation: Receive and discuss the long-term financial projection of the general fund and approve a Resolution unanimously declaring a fiscal emergency in the City of Hercules.
Finance Director Gato introduced the item and provided a staff report. City Attorney Tang provided additional information. Members of the City Council asked questions and provided comments. There was a consensus of City Council to continue this item to the next City Council meeting.
3. 22-033 Consideration of an Updated Library Services Agreement Between the City of Hercules and Contra Costa County
Recommendation: Receive staff report, discuss and consider adopting a Resolution authorizing the City Manager to execute the agreement as described in the staff report.
Parks and Recreation Director Roke introduced the item and provided a staff report. City Attorney Tang provided additional information. Alison McKee, Contra Costa County Librarian provided additional information and answered questions. Members of the City Council asked questions and provided comments.
MOTION: Motioned by Council Member Grimsley, seconded by Vice Mayor Walker-Griffin to adopt Resolution 22-007.
Aye: Council Member T. Grimsley, Vice Mayor A. Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
4 -
Abstain: Council Member D. Romero1 -
XIV. PUBLIC COMMUNICATIONS
None.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
City staff and Council Members reported on attendance at events and community and regional meetings.
A request was made by Council Member Romero to bring forward a Proclamation or letter of recognition to former Fire Chief Brian Craig who recently retired with 38 years of service with the Rodeo-Hercules Fire Protection District and to introduce new Interim Fire Chief Johnson.
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XVI. ADJOURNMENT
Mayor Bailey adjourned the meeting at 9:45 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lori Martin, MMC
Administrative Services Director/City Clerk
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