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, October 11, 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, Mayor D. Romero, Council Member A. Walker-Griffin, Vice Mayor A. Walker-Griffin, Council Member D. Bailey, Mayor D. Bailey, and Vice Mayor C. Kelley
Present: 7 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
No public comment.
III. CONVENE INTO CLOSED SESSION
Mayor Bailey adjourned the meeting into closed session.
The Hercules City Council will meet in Closed Session regarding the following:
22-3121. Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager
22-3152. Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney
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IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL Council Member T. Grimsley, Mayor D. Romero, Council Member A. Walker-Griffin, Vice Mayor A. Walker-Griffin, Council Member D. Bailey, Mayor D. Bailey, and Vice Mayor C. Kelley
Present: 7 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney Tang announced that Vice-Mayor Walker-Griffin was able to attend the closed session. Vice Mayor Walker-Griffin's status changed from absent to present. Mayor Bailey reported that the City Council completed the City Manager's evaluation and will be bringing their findings to a future regular meeting. No further reportable actions.
VI. PLEDGE OF ALLEGIANCE
Councilmember Kelley led the Pledge of Allegiance.
VII. MOMENT OF SILENCE
Mayor Bailey requested a moment of silence for the victims of the ongoing war in Ukraine.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-316 Red Ribbon Week Proclamation
October 23-31 as Red Ribbon Week ProclamationAttachments:
No action taken.
2. 22-318 National Filipino-American History Month Proclamation National Filipino-American History Month ProclamationAttachments:
Mayor Bailey read the proclamation into the record. Councilmembers provided comment. Henry Torres and unknown female provided comment.
3. 22-314 Chief William Imboden Retirement Proclamation Chief Imboden Retirement ProclamationAttachments:
Mayor Bailey read the proclamation into the record. Councilmembers provided comment. Chief Imboden provided comment. Public Speakers:
Chief's Advisory Board Members Tanya Little, Ken Torres, Margaret Short, Bill Henderson, Mike Dhanjal; Susan Dunlap of PHREED with members Susan Keefe, Margaret Short, and Tanya Little; HPD Ofc. Luis Montenegro Meeting went into Recess for a brief reception.
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RECEPTION
IX. AGENDA ADDITIONS/DELETIONS
City Manager Hall had no additions or deletions for the agenda.
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X. PUBLIC COMMUNICATIONS
Public Speakers: Mary Beth Bykowsky; Sarah Creeley
XI. PUBLIC HEARINGS
None.
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Romero, seconded by Council Member Kelley, to adopt the Consent Calendar . The motion carried by the following vote:
Aye: Council Member T. Grimsley, Mayor D. Romero, Council Member A. Walker-Griffin, Vice Mayor A. Walker-Griffin, Council Member D. Bailey, Mayor D. Bailey, and Vice Mayor C. Kelley
7 -
1. 22-298 Emergency Declaration
Recommendation: Adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361).
Staff Report AB 361
Attach 1 - AB 361 Resolution
Attach 2 - Contra Costa Meeting Recommendations
Attachments:
Approved.
2. 22-310 Minutes
Recommendation: Approve the Regular Meeting Minutes of September 27, 2022.
September 27, 2022 Meeting MinutesAttachments:
Approved.
3. 22-305 Acceptance of the Baywood Tree Replacement Project Recommendation: Adopt a resolution accepting the Baywood Tree Replacement Project with Desert Parks Landscaping as complete for a total amount of $140,000 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.
Staff Report - Baywood Tree Replacement Acceptance
Attach 1 Reso - 2022 Baywood Tree Replacement Project
Acceptance
Attach 2 Tree Removal & Replacement Map
Attach 3 NOC - Baywood Tree Replacement Project
Attachments:
Approved.
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4. 22-307 Conflict of Interest Code Biennial Review
Recommendation: Adopt a Resolution amending the City’s Conflict of Interest Code for designated employees, consultants, boards, committees and commissions for the City of Hercules.
Staff Report - Conflict of Interest Amendment 2022
Attach 1 - Resolution Amending Conflict of Interest Code 2022 Attachments:
Approved.
5. 22-308 Zoning Text Amendment to Section 13.48 of the Municipal Code Recommendation: Conduct the second reading of an Ordinance approving a Zoning Text Amendment to change text in Section 13.48 (Planned Development Plans) of the Municipal Code to alter the allowed deviations permitted with a Planned Development, by eliminating the limitations on the amount of a deviation.
Staff Report - 215 Skelly Ord 101122
Attach 1 - 215 Skelly CC Ord w Exh A
Attachments:
Approved.
6. 22-309 Parcel Map MS 476-22 for America’s Tire Store at 1625 Sycamore Avenue (Creekside Center)
Recommendation: To adopt a resolution approving Parcel Map MS 476-22 for America’s Tire store at 1625 Sycamore Avenue (Creekside Center).
Staff Report - America's Tire Final Map
Attach 1 - America's Tire Final Map Resolution
Attach 2 - Location Map - America's Tires
Attach 3 - Parcel Map - America's Tires
Attachments:
Approved.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-313 Police Vehicle Acquisition
Recommendation: Authorize the Police Department to contract with Folsom Chevrolet to purchase three new Chevy Tahoe Patrol Vehicles at a cost not to exceed $182,371.20, and to outfit these vehicles with equipment purchased and installed through LEHR Pursuit Vehicles of Pittsburg at a cost not to exceed $65,000 for a total cost not to exceed $247,371.20.
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Staff Report - Police Vehicle Aquisition
Attach 1 - Police Vehicle Resolution
Attach 2 - Tahoe Quote
Attach 3 - Vehicle Build Sheet
Attachments:
Presentation by Chief Imboden. Councilmembers provided comment.
Public Speakers: William Henderson
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt Resolution 2022-088. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Mayor D. Romero, Council Member A. Walker-Griffin, Vice Mayor A. Walker-Griffin, Council Member D. Bailey, Mayor D. Bailey, and Vice Mayor C. Kelley
7 -
2. 22-301 Adoption of a resolution authorizing the City Manager to execute a Professional Services Agreement with Revenue & Cost Specialist (RCS) in an amount not to exceed $75,400 to prepare a Cost Allocation Plan, Comprehensive User Fee Study and Development Impact Fee Study, and approving a budget amendment to increase the FY 22-23 General Fund budget by $75,400
Recommendation: Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Revenue & Cost Specialist (RCS) to prepare a Cost Allocation Plan, Comprehensive User Fee Study, and Development Impact Fee Study, and approving a budget amendment to increase the FY 22-23 General Fund budget by $75,400 Contract Award for CAP-User Fee and DIF Studies_SR 10112022 Attach 1 - Resolution
Attach 2 - RFP - CAP_User Fee_DIF - Final 08.04.2022
Attach 3 - RCS Professional Service Agreement
Attachments:
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 2022-089. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Mayor D. Romero, Council Member A. Walker-Griffin, Vice Mayor A. Walker-Griffin, Council Member D. Bailey, Mayor D. Bailey, and Vice Mayor C. Kelley
7 -
3. 22-306 Award of a Sole Source Construction Contract to Ross Recreation Equipment to Furnish and Install an All Abilities Swing in Refugio Park in the Amount of $86,727, and up to a 10% Contingency of $8,673 for a not to exceed Total Contract Amount of $95,400
Recommendation: Adopt a resolution authorizing the City Manager to execute a sole source contract with Ross Recreation Equipment to furnish
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and install a We-Go-Swing, a swing for people with disabilities, in Refugio Park in the amount of $86,727, and up to a 10% contingency of $8,673 for a not to exceed total contract amount of $95,400.
Staff Report - All Abilities Swing 10112022
Attach 1 Reso - Swingset 10112022
Attach 2 - Sole Source Jusification Form - All Abilities Swing - 9-29-22 Attach 3 - Location Map - We Go Swing
Attach 4 - Swing Catalogue
Attachments:
Presentation by Parks and Recreation Director, Christopher Roke.
Councilmembers provided comment. Public Speakers: Tanya Little MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt Resolution 2022-090. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Mayor D. Romero, Council Member A. Walker-Griffin, Vice Mayor A. Walker-Griffin, Council Member D. Bailey, Mayor D. Bailey, and Vice Mayor C. Kelley
7 -
4. 22-299 Cancellation of November 8, 2022 Regular City Council Meeting and Scheduling a Replacement Special City Council Meeting
Recommendation: It is recommended that the City Council adopt a motion to cancel the regular City Council meeting of November 8, 2022 and schedule a special City Council meeting in its place.
Staff Report - Rescheduling the November 8 CC MeetingAttachments:
Presentation by City Manager Dante Hall. Councilmembers provided comment. Public Speakers: Cordell Hindler
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Romero, to approve the cancellation of the regular City Council meeting on November 8, 2022 and to schedule a special City Council meeting on November 9, 2022; Motion carried by the following vote:
Aye: Council Member T. Grimsley, Mayor D. Romero, Council Member A. Walker-Griffin, Vice Mayor A. Walker-Griffin, Council Member D. Bailey, Mayor D. Bailey, and Vice Mayor C. Kelley
7 -
XIV. PUBLIC COMMUNICATIONS
Public Speakers: Cordell Hindler
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.
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XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
Director of Public Works Mike Roberts provided an update on the upcoming Sycamore Avenue Pavement Rehabilitation Project.
Councilmembers reported out on local and regional meetings and events.
Councilmember Romero requested a future agenda item to call up and discuss the Planning Commission's passing of Condition Use Permit (CUP 22-01) and Design Review Permit (DRP 22-02) regarding concerns of debris removal and the noticing of surrounding businesses of the new recycling center. Community Development Director Timothy Rood provided comment. City Attorney Tang provided comment. Councilmembers agreed to bring the item to Council for discussion.
XVI. ADJOURNMENT
Mayor Bailey adjourned the meeting at 9:10 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk
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