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Minutes

Hercules City Council
April 26, 2022

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Minutes
Meeting
April 26, 2022
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Hercules City Council
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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
Lauren Berges, City Clerk
7:00 PMTuesday, April 26, 2022
Zoom ID: 889 9756 4520
Zoom Passcode: 301630
Zoom Phone Number: 1-669-900-6833
To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. 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 -
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice Mayor Walker-Griffin.

III. MOMENT OF SILENCE
IV. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
None.

V. AGENDA ADDITIONS/DELETIONS
City Manager Hall has no further additions or deletions.

VI. PUBLIC COMMUNICATIONS
Public Speakers: Marna Paintsil Anning; Lynda Deschambault; Tanya Little; Susan Keefe; Shane Reinhart; Sarah Creeley
Written public comments were received by: Marna Paintsil Anning; Barbara Beno

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VII. CONSENT CALENDAR
Item 3 was pulled from the Consent Calendar by Councilmember Romero to discuss the replacement trees and get clarification on neighborhood outreach. After discussion, Item 3 was placed back onto Consent Calendar.

Item 2 was pulled from the Consent Calendar by City Manager Dante Hall regarding the clarification of hybrid meeting accommodations. After discussion, Item 2 was placed back onto the Consent Calendar.

MOTION: A motion was made by Council Member Kelley, 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. 22-152 Minutes
Recommendation: Approve the Regular Meeting Minutes of April 12, 2022.

Approved.

2. 22-141 Emergency Declaration Extension
Recommendation: Adopt a Resolution extending the Declaration of Local Emergency by 30 days to June 1, 2022.

Approved.

3. 22-149 Award of Construction Contract for the Baywood Tree Replacement Project
Recommendation: Adopt a resolution authorizing the City Manager to execute a contract with Desert Parks Landscaping for the Baywood Tree Replacement Project in the amount of $140,000 and up to a 5% contingency of $7,000 for a not to exceed total contract amount of $147,000 to replace 34 nuisance trees; and, waiving an inconsequential irregularity in Desert Parks Landscaping’s bid.

Approved.

VIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-147 Introduction of the proposed Five-Year Capital Improvement Program (CIP), FY 22-23 Sewer Enterprise and Internal Service funds budget
Recommendation: Receive an introduction on the proposed Five-Year CIP, FY 22-23 Sewer Enterprise and Internal Service funds budget.

Presentation by Director of Finance Edwin Gato and Director of Public

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DocuSign Envelope ID: 39630AD1-287B-42CD-9612-406FBD337979 April 26, 2022City Council Meeting Minutes
Works/City Engineer Mike Roberts. Councilmembers provided comment.

No public comment. Report received only, no action taken.

2. 22-140 Military Equipment Funding, Acquisition and Use Policy Recommendation: Adopt a Resolution commencing the California Assembly Bill 481 process to authorize Hercules Police Department policy section 709; Military Equipment Funding, Acquisition, and Use (attached).

Presentation by Chief William Imboden. Councilmembers provided comment. No public comment.

MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt this Resolution 2022-028. 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 -

3. 22-148 FY 2022/23 Landscaping and Lighting Engineer's Reports Recommendation: Adopt a resolution directing the filing of the Annual Engineer's Reports for the City of Hercules Landscaping and Lighting Assessment District No. 83-2, Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1, Hercules Village Landscaping and Lighting Assessment District No. 2002-2, Baywood Landscaping and Lighting Assessment District No. 2004-1, and Bayside Landscaping and Lighting Assessment District No. 2005-1 pursuant to the Landscaping and Lighting Act of 1972.

Presentation by Public Works Director/City Engineer Mike Roberts and Ed Espinoza of Francisco and Associates. Councilmembers provided comment. No public comment.

MOTION: A motion was made by Council Member Kelley, seconded by Council Member Romero, to adopt Resolution 2022-029. 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 -

4. 22-151 Regulation of Single-Use Foodware Accessories and Standard Condiments in compliance with AB 1276
Recommendation: Discuss adoption of an ordinance to regulate single use foodware accessories and condiments, and provide direction to staff regarding the scope of the proposed ordinance.

Presentation by City Attorney Patrick Tang. Councilmembers provided comment and directed Staff to pursue a two-step approach: The first step is to bring an ordinance back to the Council that meets the minimum threshold requirements under AB 1276; and the second step will be to develop a second ordinance to expand upon state law by prohibiting additional types of single-use plastics.

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DocuSign Envelope ID: 39630AD1-287B-42CD-9612-406FBD337979 April 26, 2022City Council Meeting Minutes
Public speakers: Tanya Little

5. 22-143 Adoption of a resolution approving a First Amendment to an Agreement with Hinderliter de Llamas (HdL) in the amount of $115,000 to provide overall administrative oversight of Hercules' American Rescue Plan Act (ARPA) program and to provide
Economic Development staffing services for a total, not to exceed amount of $164,500
Recommendation: (1) Adopt a resolution approving a first amendment to an agreement with HdL in the amount of $115,000 to provide overall administrative oversight of Hercules' ARPA programs and to provide Economic Development staffing services for a total, not to exceed amount of $164,500; and (2) Adopt a resolution approving a budget amendment to increase the budget by $115,000 for this contract funded by ARPA fund loss of revenue component.

Presentation by Director of Finance Edwin Gato. Councilmembers provided comment. No public comment.

MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Kelley, to adopt Resolution 2022-030.

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 -
MOTION: A motion was made by Council Member Romero, seconded by Council Member Grimsley, to adopt Resolution 2022-031
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 -

6. 22-142 Authorization To Execute a Contract With Yiftee for a Shop Local/Gift program for an amount not to exceed $65,000 funded by American Rescue Plan Act (ARPA)
Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with Yiftee for a Shop Local/Gift Card program for an amount not to exceed $65,000 funded by American Rescue Plan Act (ARPA).

Presentation by Director of Finance Edwin Gato and Barry Foster of HdL.

Councilmembers provided comment. No public comment.

MOTION: A motion was made by Council Member Romero, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 2022-032. 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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DocuSign Envelope ID: 39630AD1-287B-42CD-9612-406FBD337979 April 26, 2022City Council Meeting Minutes
IX. PUBLIC COMMUNICATIONS
No public comment.

X. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS, COMMITTEE,

SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS AND FUTURE

AGENDA ITEMS
City Staff and Councilmembers reported on local and regional meetings and events.

Councilmember Grimsley requests a future agenda item to discuss the raising of the Pan-African flag in recognition of Juneteenth.

Vice Mayor Walker-Griffin requests a future agenda item to have the Rodeo-Hercules Interim Fire Chief provide a presentation on fire season safety.

XI. ADJOURNMENT
Mayor Bailey adjourned the meeting at 9:29 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lauren Berges, CMC
City Clerk

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