111 Civic Drive
City of Hercules Hercules, CA 94547
Meeting Minutes
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, Acting City Clerk
Tuesday, January 10, 2023 7:00 PM
In-Person in Council Chambers or
Zoom ID: 854 3437 4933
Zoom Passcode: 613170
Zoom Phone Number: 1-669-900-6833
I. SPECIAL MEETING - CLOSED SESSION- NONE
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
Ill. CONVENE INTO CLOSED SESSION
IV. REGULAR MEETING - 7:00 P.M. CALL TO ORDER - ROLL CALL
Present: 4 - Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
Absent: 1 - Council Member D. Bailey
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
Lead by Council Member Grimsley
VII. MOMENT OF SILENCE
No moment of Silence
VIlI. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
None
IX. AGENDA ADDITIONS/DELETIONS
CM had no additions or deletions
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City Council Meeting Minutes January 10, 2023
X. PUBLIC COMMUNICATIONS
Allison Peters- Senior Community Library Manager promoted upcoming programs.
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.
Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.
XI. PUBLIC HEARINGS
1. 22-403 ADU & SB9-Amendments to Hercules Municipal Code (Table 13-6.1, Table 13-15.1, Section 13-35.320, and Section 10-2.904) pursuant to the Department of Housing and Community Development's review of Hercules ADU Ordinance, newly enacted ADU legislation, and SB 9 guidance.
Recommendations: That the City Council:
1. Request planning staff present the staff report;
2. Open the public hearing
3. Receive comments from the public;
4. Close the public hearing;
5. Request clarification from staff on any issues related to the Ordinance;
6. Adopt first reading of amended Ordinance.
Attachments: CC Staff Report - ADU & SB9
CC Presentation - ADU & SB 9 - 1.10.2023
Attach 1 - Draft Ordinance - ADU & SB 9-FINAL
Attach 2 - HCD Review of Hercules ADU Ordinance
Attach 3 - HCD SB 9 Fact Sheet
Attach 4 - SB 897 Text
Attach 5 - AB 2221 Text
Larissa Alchin presented updated Code Ordinance.
Tanya Little made a public comment via Zoom
Council Members provided comment
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt the updated ADU & SB9 Ordinance. The motion carried by the following vote:
Aye: 4 - Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
Absent: 1 - Council Member D. Bailey
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City Council Meeting Minutes January 10, 2023
2. 22-400 Child Care and Supportive Housing Ordinance- Amendments to Hercules Municipal Code (Table 13-6.1, 13-7.1, 13-12.1 and 13-15.1 and deletion of Sec. 13-35.260) pursuant to Senate Bill 234 the Keeping Kids Close to Home Act and amendments to Hercules Municipal Code (Table 13-6.1, 13-12.1, 13-15.1, and 13-18.1) pursuant to Assembly Bill No. 2162.
Recommendation:That the City Council:
1. Request planning staff present the staff report;
2. Open the public hearing
3. Receive comments from the public;
4. Close the public hearing;
5. Request clarification from staff on any issues related to the Ordinance;
6. Adopt first reading of amended Ordinance.
Attachments: CC Staff Report- Child Care and Supportive Housing CC Presentation - Childcare & Supportive Housing - 1.10.2023 Attach 1 - Draft Ordinance- Childcare & Supportive Housing Attach 2 - Senate Bill 234
Attach 3 - Assembly Bill 2162
Larissa Alchin presented updated Child Care and Supportive Housing Ordinance.
Public Comment by Karina Laige
Council Members provided comment
MOTION: A motion was made by Vice Mayor Romero, seconded by Council Member Kelley, to adopt updated language to the Child Care and Supportive Housing Oridance. The motion carried by the following vote:
Aye: 4- Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
Absent: 1 - Council Member D. Bailey
22-402 Construction Codes - Ordinance to Amend Hercules Municipal Code Title 9, Chapters 1-18, Adopting by Reference the New California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code with amendments developed by City of Hercules, Contra Costa County and the Rodeo-Hercules Fire Protection District.
Recommendation: That the City Council:
1. Request planning staff present the staff report;
2. Open the public hearing
3. Receive comments from the public;
4. Close the public hearing;
5. Request clarification from staff on any issues related to the Ordinance;
6. Adopt first reading of amended Ordinance.
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Attachments: CC Staff Report - Building Code 2022
CC Presentation - 2022 CBC Update - 1.10.2023
Attach 1 - Building Code 2022 Ordinance
Attach 2 - County Ord. No. 2022-35 Adoption of 2022 Building Code Attach 3 - County Findings - Ord. No. 2022-35
Attach 4 - All-Electric Ordinance No. 539
Attach 5 - RHFD Ordinance 2022-01
Attach 6 - Staff Report - RHFD Supporting Findings
Larissa Alchin and Tim Rood presented updated Construction Codes referencing the new California Code of Regulations
Council Members provided comment
MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Kelley, to adopt the amended Construction Code Ordnance-Hercules Municipal OCde Title 9, Chapters1-18. The motion carried by the following vote:
Aye: 4 - Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
Absent: 1- Council Member D. Bailey
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Romero, seconded by Council Member Kelley, to adopt the Consent Calendar.
4 - Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
Absent: 1- Council Member D. Bailey
22-408 Meeting Minutes for December 13, 2022
Attachments: : Meeting Minutes for December 13, 2022
Approved
2. 22-396 Recognized Obligation Payment Schedule for the Period of July 1, 2023, through June 30, 2024 (ROPS 23-24)
Recommendation: Adopt a Resolution approving the recognized obligation payment schedule for the period of July 1, 2023 through June 30, 2024 (ROPS 23-24)
Attachments: Staff Report-ROPS 23-24 SA
Attach 1 - SA Resolution - ROPS 23-24
Attach 2 - Hercules ROPS 23-24 RAD App Draft 12.5.22
Approved
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XIII. DISCUSSION AND/OR ACTION ITEMS
22-407 Commission and Committee Appointments
Attachments: Staff Report - Commission Appointments 110922 Eibleis Melendez, Acting City Clerk Presented
Council Members provided Comment
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to appoint Orit Samson to The Finance Commission .
A separate motion was made by Council Member Romero, seconded by Council Member Kelley, to appoint Hailey Solis to The Community Library Services Commission. The motion carried by the following vote:
Aye: 4 - Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
Absent: 1 - Council Member D. Bailey
2. 22-405 AB 2449 Effect on Public Agency Brown Act Meeting Requirements - New Procedures for Remote Participation
Attachments: Staff Report - AB 2449 Remote Participation Attach 1 - AB 2449 Flow Chart for Authorizing Remote Participation Attach 2 - AB2449 Summary
Patrick Tang presented and provided clarification on how this may effect the Commissions.
Council Members provided comment
22-406 Receive and Discuss the Allocation of Local Assistance Funds From Senate Bill 154 (Skinner) Budget Act 2022
Recommendation: Receive, discuss and provide feedback and direction, if any.
Attachments: Staff Report Budget Allocation Receipt 1.10.23 Attach 1 - Resolution
Edwin Gato presented.
Council Members provided Comment
One public comment was provided
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt this Discussion/Action Item. The motion carried by the
Aye: 4- Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member C. Kelley, and Council Member T. Grimsley
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Absent: 1 - Council Member D. Bailey
4. 22-395 Review of Preliminary FY 21-22 General Fund Year-End Result Recommendation: Receive the report on the preliminary General Fund FY 21-22 year-end result.
Attachments: Staff Report-Review of Preliminary General Fund FY 21-22 Year End Results
Attach 1 - Preliminary General Fund Year-to-date Revenue Report through June 30. 2022
Attach 2 - Preliminary General Fund Year-to-date Expenditure Report through June 30. 2022
Attach 3 - Preliminary General Fund Summary of Revenues.
Expenditures, and Changes in Available Cash Balance as of June 30. 2022
Attach 4 - FY 21-22 Preliminary General Fund Results - Presentation Edwin Gato presented and City Manager Hall provided additional comment to Edwin's report.
Council Members 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 COUNCILICITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
City Manager Hall commented on engaging the public in the budget process and monitoring the current storm events.
City Attorney Tang provided clarification to a response regarding AB 2449 Council Members gave updates on events and programs that they have participated. This also included updates from the Regional Committees that they are on.
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions or tered to stato mater resour do not acual nor that on enda but red in city reme discussion may be either (a) •XVI. ADJOURNMENT - 9:07 P.M. By Mayor Walker-Griffin
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CITy OF HERCULES
INCORPORATED
Attest: CONTRA
Eibleis Melendez, Acting Clerk
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