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, February 8, 2022
AMENDED AGENDA
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I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 6:00 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 item listed on the agenda to be discussed in closed session.
Mayor Bailey recessed the meeting at 6:02 p.m.
1. 22-046 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9 (e)(1): In one (1) matter.
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 7:01 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 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney Tang identified the item discussed in closed session and stated that no were no final or reportable actions to report.
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VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Romero.
VII. MOMENT OF SILENCE
Mayor Bailey called for a moment of silence for Amir Locke, a Minneapolis police officer killed in the line of duty at the age of 22.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-044 Proclamation Recognizing February 2022 as Black and African American History Month in the City of Hercules
Mayor Bailey read aloud and presented a Proclamation recognizing the month of February 2022 as Black and African American History Month in the City of Hercules to Rev. Phil Lawson. Members of the City Council provided comments. Rev. Phil Lawson thanked the City Council for the Proclamation and provided his comments.
2. 22-045 Presentation - Stormwater Permit Update
Public Works Director Roberts introduced the item and provided a staff report. Mr. Frank Kennedy, Stormwater Consultant provided a presentation. Members of the City Council asked questions and provided comments.
IX. AGENDA ADDITIONS/DELETIONS
Mayor Bailey made a request to move the Agenda Additions/Deletions item for discussion after the Moment of Silence. Mayor Bailey made a request to move Item XIII.2: Report on Polling Results to be heard after Item VIII.1: Proclamation of Black and African American History Month.
There were no additions/deletions to the agenda. City Clerk Martin noted that there was a supplemental document provided prior to the meeting and posted online for Item XII.2: Execution of Standard CalTRANS agreement.
X. PUBLIC COMMUNICATIONS
Public speaker: Sherry McCoy.
XI. PUBLIC HEARINGS
1. 22-047 Franklin Canyon RV Resort Project, a proposal to redevelop the existing 161.95-acre 18-hole Franklin Canyon Golf Course with a recreation vehicle (RV) resort/campground, with 158 spaces for RVs, 22 walk-in tent bungalow campsites, a new 10,500-square-foot clubhouse, and putting course, with approximately 70 acres to be deeded as open
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space to the John Muir Land Trust.
Recommendation: Adopt CEQA Initial Study & Mitigated Negative Declaration (IS #20-01) and approve Lot Line Adjustment #20-01, Vesting Tentative Map #20-01, and Design Review Permit #20-01.
City Manager Dante Hall introduced the item. Community Development Director Reber provided a staff report and update on the project. Tom Hix, applicant provided additional information and Jill Williams provided a presentation identifying all the improvements made to the project after receiving additional input from the City Council and Planning Commission.
Members of the City Council asked questions and provided comments.
Brian Killian, applicants landscape architect provided additional information and answered questions.
Mayor Bailey opened the public hearing at 10:08 p.m.
Mayor Bailey closed the public hearing at 10:18 p.m. with no comments offered from the public.
A motion was made by Council Member Romero and seconded by Council Member Kelley to amend the conditions of approval as follows:
1. Add a clarification to Condition of Approval #32 to ensure visitor stays are allowed up to 30 consecutive days and that the applicant shall also record a deed restriction prohibiting long-term RV occupancy.
2. Limit the number of RV storage units to 24.
3. Include a requirement that trees to be replaced with 24-inch box trees are those greater than 24 inches in diameter.
This motion was approved by unanimous vote.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley to adopt Resolution 22-009.
Aye: Council Member T. Grimsley, Vice Mayor A. Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
4 -
Nay: Council Member D. Romero1 -
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XII. CONSENT CALENDAR
MOTION: A motion was made by Council member Kelley and seconded by Council Member Romero 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. 22-043 Minutes
Recommendation: Approve the regular meeting minutes of January 25, 2022.
Approved.
2. 22-042 Execution of Standard California Department of Transportation ("CalTrans") Agreements to Receive $36k to Develop a Local Roadway Safety Plan and Receive Additional Transportation Related Grant Funding in the Future
Recommendation: Adopt a Resolution authorizing the City Manager to execute a CalTrans Master Agreement and Program Supplement Agreement to receive $36k to develop a local roadway safety plan and be eligible for other state-funded grants in the future.
Approved.
3. 22-048 Accept the Investment Report for the Quarter Ending December 31, 2021
Recommendation: Accept the investment report for the quarter ending December 31, 2021.
Approved.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-041 Discussion of Building Decarbonization through Possible Adoption of All-Electric Building Code Amendment
(Continued discussion from City Council meetings on September 28, 2021, and January 11, 2022)
Recommendation: Receive report, discuss, and provide direction if and what type of all-electric ordinance should or should not be pursued.
Community Development Director Reber introduced the item and provided a staff report. Members of the City Council asked questions and provided comments.
Public speakers: Igor Tregub spoke in favor the Ordinance. Two written public comments were received prior to the meeting from the Sierra Club and 350 Contra Costa speaking in favor of the Ordinance.
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Member of the City Council discussed some exemptions they would like to see in the Ordinance. These exemptions were: Restaurants and Retail facilities, laboratories, medical and emergency medical facilities. A consensus of Council was obtained for these exemptions and direction was given to staff to included these exemptions in an Ordinance for Planning Commission review as the next step before it comes back to City Council for final review and approval.
Community Development Reber noted that this could go to Planning Commission in March and come back to Council in May 2022. Community Development Director Reber also noted that this will undergo a higher review with the States Energy Commission after the City Council adopts the Ordinance with a most likely effective date of January 2023 which will align with the new 2023 building code amendment.
The results of the poll vote on the exemptions were as follows:
Vote to exempt restaurant and retail facilities: 5-0 vote.
Vote to exempt affordable housing units of 8 or less: Vote failed 2-3. (Nay votes were Vice Mayor Walker-Griffin, Council Member Kelley, Mayor Bailey).
Vote to exempt medical facilities: 4-1 vote (Nay vote: Vice Mayor Walker-Griffin).
Vote to exempt laboratories: 4-1 vote (Nay vote: Vice Mayor Walker-Griffin).
Vote to exempt emergency facilities: 4-1 vote: (Nay vote: Vice Mayor Walker-Griffin).
2. 22-049 Report on Polling Results Related to Extending the Existing Utility Users Tax and the Viability of Becoming a Charter City for the Limited Purpose of Increasing the Real Estate Property Transfer Tax Recommendation: 1) Receive report from the Lew Edwards Group and direct staff to proceed with planning for the placement of the Utility Users Tax measure on the City's regularly scheduled Municipal Election in November 2022, or 2) Provide alternate direction.
This item was re-ordered on the agenda and heard after Item VIII.1 Proclamation for Black and African American History Month.
City Manager Hall introduced the item and provided a staff report.
Catherine Lew of the Lew Edwards Group and Curtis Below of FM3 provided a presentation of the polling results conducted.
Members of the City Council deliberated on various options of the three proposed ballot measures.
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A motion was made by Council Member Romero, seconded by Council Member Kelley to pursue the extension of the UUT tax in November 2022.
A substitute motion was made by Mayor Bailey, seconded by Vice Mayor Walker-Griffin to conduct additional polling, education and outreach to the public and if such efforts results in favorable outcome to place all three ballot measures on the November 2022 election.
Roll call vote:
Council Member Grimsley: Aye
Council Member Kelley: Nay
Council Member Romero: Nay
Vice Mayor Walker-Griffin: Aye
Mayor Bailey: Aye
Motion passed 3-2.
City Manager Hall noted that staff will need to bring forth an extension of the Lew Edwards Group contract and additional allocation to conduct further polling, education and outreach and stated this will be placed on the next agenda.
XIV. PUBLIC COMMUNICATIONS
None.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
Due to the City Council Rules of Procedures no new items can be discussed after 11:00 p.m. with the exception of Council requesting future agenda items. No future agenda items were requested.
XVI. ADJOURNMENT
Mayor Bailey adjourned the meeting at 11:02 p.m. in the memory of Cal Basketball star Gene Ransom who was killed in a freeway shooting in Oakland on Interstate 80 on Friday, February 4th at the age of 65.
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_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lori Martin, MMC
Administrative Services Director/City Clerk
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