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, March 8, 2022
Zoom Meeting ID: 823 2559 9798
Zoom Passcode: 765431
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 6:00 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
A written public comment was submitted by Cordell Hindler.
III. CONVENE INTO CLOSED SESSION
City Attorney Tang announced the items listed on the agenda to be discussed in closed session.
Mayor Bailey recessed the meeting.
1. 22-083 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager
(Discuss Annual Evaluation Per Employment Agreement)
2. 22-084 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 7:00 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 -
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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 Romero.
VII. MOMENT OF SILENCE
Mayor Bailey called for a moment of silence for the victims of Ukraine due to the Russian invasion of Ukraine resulting in war.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-085 A Proclamation Recognizing March 2022 as American Red Cross Month in the City of Hercules
Mayor Bailey read aloud the Proclamation recognizing March 2022 as American Red Cross Month in the City of Hercules.
2. 22-093 Proclamation - Recognizing Women's History Month Mayor Bailey read aloud the Proclamation recognizing Women's History Month.
3. 22-086 Securities Law Training
Recommendation: Receive a presentation by Stradling Yocca Carlson & Rauth, P.C., Bond and Disclosure Counsel, regarding federal securities law matters related to the offering of municipal bonds.
City Manager Hall introduced the item. Vanessa Legbrandt, Bond Counsel of Stradling Law gave a presentation on securities law training. Members of the City Council asked questions and provided comments.
IX. AGENDA ADDITIONS/DELETIONS
None.
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X. PUBLIC COMMUNICATIONS
Public Comments: Phil Simmons, Sarah Creeley.
XI. PUBLIC HEARINGS
1. 22-082 Mandatory Garbage/Solid Waste Disposal - Delinquent Accounts Recommendation: Conduct a Public Hearing and upon conclusion, consider adopting a Resolution confirming the report of delinquent accounts and placing liens on said properties and special assessments upon property taxes pursuant to City of Hercules Municipal Code Section 5-2.01 to 5-2.16, Mandatory Garbage/Solid Waste Disposal.
City Manager Hall introduced the item and provided a staff report.
Mayor Bailey opened the public hearing at 7:41 p.m.
A public comment was received by Johnathon Imperial who stated that the lien being presented to be placed against his property is not his bill and the delinquency belongs to the previous owner. Republic Services stated they would remove the lien, however it is still showing on the listing tonight.
Mayor Bailey stated that staff would assist him with this issue.
Mayor Bailey closed the public hearing at 7:56 with no other comments offered from the public.
Members of the City Council asked questions and provided comments. A request was made by Council Member Grimsley to bring forth a discussion at a future meeting to discuss possibly using ARPA funding to assist members of the public who qualify for assistance with the delinquency and if approved by a majority of Council the details will be established in a future proposed City Council policy.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Romero, to adopt Resolution 22-014. The motion carried by the following vote:
Aye: Council Member D. Romero, Mayor D. Bailey, and Council Member C. Kelley3 - Nay: Vice Mayor A. Walker-Griffin1 -
Abstain: Council Member T. Grimsley1 -
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2. 22-091 Willow Avenue Self Storage Project - Sanitary Sewer Disposal System
Recommendation: Receive a status update on the sanitary sewer disposal system that has yet to be installed by the Developer, provide feedback on staff's proposed measures to allow the self-storage facility to open in the interim, and authorize staff to enter into negotiations on an amendment to the development agreement for Council consideration that will facilitate the completion of a public system intended to serve all properties in the Willow corridor catchment basin.
Public Works Director Roberts introduced the item and provided a staff report. Public Works Director Roberts introduced the Developer, Art Lorenzini and his team who will make a presentation to City Council.
Mayor Bailey opened the public hearing at 8:04 p.m.
Mr. Lorenzini provided comments to City Council stating that they agree with staff's recommendation.
Members of the City Council asked questions and provided comments.
Mr. Lorenzini answered questions related to the sanitary sewer disposal system at the Willow Avenue storage project.
MOTION: A motion was made by Council Member Romero, seconded by Council Member Kelley, to authorize staff to issue a temporary certificate of occupancy immediately and effective for 120 days. The motion carried by the following vote:
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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XII. CONSENT CALENDAR
MOTION: A motion was made by Vice Mayor Walker-Griffin, seconded by Council Member Grimsley, to adopt the Consent Calendar. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
1. 22-087 Minutes
Recommendation: Approve the regular meeting minutes of February 22, 2022.
Approved.
2. 22-088 Contract Amendment for First Carbon Solutions to Prepare the Environmental Review of D.R. Horton's Residential Development Proposal for 215 Skelly
Recommendation: Authorize the City Manager to execute a contract amendment for a total contract amount not to exceed $146,900.
Approved.
3. 22-089 Housing Element Annual Progress Report for 2021 Recommendation: Receive report and direct staff to submit report to state agencies by April 1, 2022, deadline.
Approved.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-090 Follow Up from February 22, 2022 Council Meeting - Discussion of Potential Tax Measures: 1) Continuation of the City's Utility User Tax (UUT), and 2) Process for Becoming a Charter City for the Purpose of Increasing the Real Property Transfer Tax (RPTT) Recommendation: Receive report, discuss, provide direction to staff regarding: 1) Extending the Utility Users Tax (UUT) beyond January 1, 2025, and 2) the proposal to become a charter city for the limited purpose of increasing the Real Property Transfer Tax (RPTT).
City Manager Dante Hall introduced the item and provided a staff report.
Mr. Hall explained that all of the prior staff reports on this topic have been included in the agenda packet. City Attorney Tang provided additional information and Attorney Ben Fay of Jarvis Fay provided a detailed explanation of what the proposed tax measures entail.
Members of the City Council asked questions and provided comments.
Virtual Public Speakers: Cordell Hindler; Tanya Little; Eric Meyers; Bob
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Antaki; Sherry McCoy.
Written Public Comments: David Kavanaugh; Marie Bowman; Tanya Little.
Mayor Bailey requested that a poll be conducted to move forward with the election opinion poll to inquire with Hercules voters in regards to becoming a charter city for the purpose of increasing the real property transfer tax and to test the real property transfer tax of a range between 4% - 12% per $1,000. This Council poll passed by the following vote:
Council Member Grimsley: Aye
Council Member Kelley: Aye
Council Member Romero: No
Vice Mayor Walker-Griffin: Aye
Mayor Bailey: Aye
Polling passed 4-1.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Romero, to approve the election opinion poll ballot measure question to voters to extend the Utility Users Tax at 8% with a term to be stated as "until ended by voters" and a second option on the term to be identified with a numerical value to be determined by Consultant Lew Edwards Group. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
2. 22-094 Extension of Lew Edwards and FM3 Contract to the Lew Edwards Group Contract for Polling and Strategic Communication Services for Ballot Measures to Extend the Utility Users Tax, and the Viability of Becoming a Charter City for the Limited Purpose of Increasing the Real Property Transfer Tax
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement for Election Opinion Poll Services with the Lew Edwards Group for an amount not to exceed $131,250 subject to the City Attorney's review and available budget appropriations.
City Manager Hall introduced the item and provided a staff report. There were no questions from City Council.
MOTION: A motion was made by Council Member Romero, seconded by Council Member Kelley, to adopt Resolution 22-015. The motion carried by the following vote:
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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XIV. PUBLIC COMMUNICATIONS
Public Speakers: Cordell Hindler; Tanya Little.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
City staff and Council Members announced upcoming events and reported on attendance at community and regional meetings.
Future Agenda Items:
Council Member Grimsley requested an agenda item for the April 26th Council agenda regarding the utilization of ARPA funding to help residents that would qualify for financial assistance with garbage service account delinquencies.
Mayor Bailey conducted a poll to bring forth this discussion at the April 26th Council meeting. The poll vote passed by the following vote:
Council Member Kelley: Aye
Council Member Grimsley: Aye
Council Member Romero: Nay
Vice Mayor Walker-Griffin: Aye
Mayor Bailey: Aye
The poll voted passed 4-1.
XVI. ADJOURNMENT
Mayor Bailey adjourned the meeting at 10:08 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lauren Berges, CMC
City Clerk
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