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
6:00 PMTuesday, July 12, 2022
In-Person in Council Chambers or
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To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL Council Member T. Grimsley, Council Member D. Romero, Mayor D. Bailey, and Council Member C. Kelley
Present: 4 -
Vice Mayor A. Walker-GriffinAbsent: 1 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
No public comment.
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:
1. 22-215 Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9)
City of Long Beach, et al. versus Monsanto Company (class action)
2. 22-229 Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9)
City of Pinole et al. v. PG&E (U.S. Bankruptcy Court, Northern District of California, Case No. 19-30088)
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IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL Council Member T. Grimsley, Council Member D. Romero, Mayor D. Bailey, and Council Member C. Kelley
Present: 4 -
Vice Mayor A. Walker-GriffinAbsent: 1 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney Patrick Tang reported that the present councilmembers (4) voted unanimously to opt out of the class action settlement City of Long Beach, et al. versus Monsanto Company related to Monsanto Companies Manufacturer and Sale of PCBs. The County of Contra Costa and many other cities in the Bay Area have made the decision to initiate direct litigation against Monsanto to recover the clean up costs related to PCB contamination.
City Attorney Tang reported in the matter of City of Pinole et al. versus PG&E, the present councilmembers (4) voted unanimously to accept the settlement offer that PG&E has made of $110,000 in relation to this claim.
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Grimsley.
VII. MOMENT OF SILENCE
Mayor Bailey requested a moment of silence in honor of Japanese former Prime Minister, Shinzo Abe, who was assassinated on July 8th, 2022.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
None.
IX. AGENDA ADDITIONS/DELETIONS
City Manager Hall had no additions or deletions for the agenda.
X. PUBLIC COMMUNICATIONS
Public Speakers: Dineen Leong Roy; Susan Pricco, Lori Chinn XI. PUBLIC HEARINGS
1. 22-226 Resolution Calling an Election on November 8, 2022 for Voters to Consider a Ballot Measure to Extend the Existing Utility Users Tax at the Current Rate of 8%, submittal of the Ordinance to the Voters, and Requesting the County to Consolidate this Election with the Statewide General Election.
Presentation by City Manager Dante Hall and City Attorney Patrick Tang.
Councilmembers provided comment and discussion.
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Public Speakers: Susan Pricco; Darrel Tucker; Wallie Moore; Glenna Phillips; Bob Antaki
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley. The motion failed by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, and Council Member C.
Kelley
3 -
Nay: Mayor D. Bailey1 -
Absent: Vice Mayor A. Walker-Griffin1 -
2. 22-227 Public Hearing to Consider a Resolution Calling an Election on November 8, 2022 for Voters to Consider a Ballot Measure to make Hercules a Charter City and Establish by Ordinance a Local Real Property Transfer Tax, submittal of the Measure to the Voters, and Requesting the County to Consolidate this Election with the Statewide General Election.
Presentation by City Manager Dante Hall. Councilmembers provided comment.
Public Speakers: Darrel Jay Tucker; Susan Pricco; Glenna Phillips; Mark Shalz; Debi Mackey; Eric Meyers; Bob Antaki; Susan Keefe; Selina Williams; Tanya Little; Wallie Moore
Councilmember Grimsley made a motion to not adopt the resolution set before Council; Seconded by Councilmember Romero. Councilmembers provided discussion prior to voting and requested City Attorney Tang simplify the motion on the floor for clarity. City Attorney Tang clarifies the motion on the floor is to decline to direct staff to prepare a measure to approve a city charter and propose RPTT for the November 8th Election.
Councilmember Grimsley accepts the suggest change. Councilmember Romero seconded.
MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Romero to decline to direct staff to prepare a measure to approve a city charter and propose RPTT for the November 8th Election. The motion approved by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Mayor D. Bailey, and Council Member C. Kelley
4 -
Absent: Vice Mayor A. Walker-Griffin1 -
3. 22-219 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.
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Presentation by City Manager Dante Hall. Councilmembers provided comment.
No public comment.
MOTION: A motion was made by Council Member Romero, seconded by Council Member Kelley, to adopt Resolution 2022-058. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Mayor D. Bailey, and Council Member C. Kelley
4 -
Absent: Vice Mayor A. Walker-Griffin1 -
XII. 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, Mayor D. Bailey, and Council Member C. Kelley
4 -
Absent: Vice Mayor A. Walker-Griffin1 -
1. 22-228 Minutes
Recommendation: Approve the Regular Meeting Minutes of June 28, 2022.
Approved.
2. 22-220 Agreement with M-Group for Planning Services
Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with Metropolitan Planning Group dba M-Group in the not-to-exceed amount of $106,000 for planning services.
Approved.
3. 22-221 Ordinance to amending the Hercules Municipal Code, adding Title 10 Chapter 2 Article 9 Urban Lot Split and Title 13 Chapter 36-36 Two Unit Development
Recommendation: Adopt Ordinance No. 540 amending the Hercules Municipal Code, Land Use and Zoning Code sections to establish regulations for subdivision and two-unit developments to comply with SB 9.
Approved.
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4. 22-222 Extension of Professional Services Agreement with Doherty Law Group for Legislative Advocacy Services.
Recommendation: Staff recommends that the City Council adopt a Resolution to extend the Doherty Law Group agreement from April 2022 to June 2022 for an additional cost of $18,000.
Approved.
5. 22-224 Update on the Sanitary Sewer Disposal System to be installed by the Developer for the Willow Avenue Self-Storage Project Recommendation: Receive a status update on the public sanitary sewer disposal system to be installed in Willow Avenue by Hercules Self-Storage Management, the Developer for the Self-Storage Project at 1444 Willow Avenue.
Approved.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-223 Receive the Finance Commission's Annual Report on Measure B and C for Fiscal Year Ending June 30, 2021
Recommendation: Receive and file the Finance Commission's annual report on Measure B and C.
Presentation by Director of Finance Edwin Gato and Finance Commissioner Dennis Esselsagoe. Councilmembers provided comment.
No public comment.
XIV. PUBLIC COMMUNICATIONS
No public comment.
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.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
City Manager Hall and City Attorney Tang had no reports.
Councilmembers reported out on local and regional meetings and events.
Councilmember Romero requested the Council readdress the UUT measure at a future meeting. The members present agreed. The City Manager was directed to poll the members for a date in the near future to convene a special meeting to discuss the UUT.
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XVI. ADJOURNMENT
Mayor Bailey adjourned the meeting at 10:06 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lauren Berges, CMC
City Clerk
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