111 Civic Drive
Hercules, CA 94547City of Hercules
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, City Clerk
7:00 PMTuesday, May 23, 2023
In-Person in Council Chambers or
Zoom ID: 883 4866 6981
Zoom Passcode: 097715
Zoom Phone Number: 1-669-900-6833
I. CLOSED SESSION – CALL TO ORDER - ROLL CALL
NO CLOSED SESSION
NONE
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
NONE
III. CONVENE INTO CLOSED SESSION
NONE
The Hercules City Council will meet in Closed Session regarding the following:
NO CLOSED SESSION
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL [7:00P.M] Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
Present: 5 -
V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION-
NO CLOSED SESSION
B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO
PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
NONE
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VI. PLEDGE OF ALLEGIANCE
Pledge of Allegiance was lead by Council Member Kelley.
VII. MOMENT OF SILENCE
NONE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-552 Pride Month Proclamation
Proclamation - Pride MonthAttachments:
Mayor Walker-Griffin presented the proclamation. Council Members provided comments.
2. 22-553 Proclamation Honoring June 12th as Philippine Independence Day Proclamation - Philippine Independence Day ProclamationAttachments:
Mayor Walker-Griffin presented the proclamation. Council Members provided comments.
3. 22-557 WestCat Presentation
City Manager, Dante Hall, introduced the item. The General Manager for WestCat, Rob Thompson, presented. Council members provided comment. Mr. Thompson provided a response.
IX. AGENDA ADDITIONS/DELETIONS
NONE
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X. PUBLIC COMMUNICATIONS
Senior Community Library Manager, Alison Peters, advertised upcoming summer Library programs and events.
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. 22-549 Public Hearing on Proposed FY 2023-24 City of Hercules Budget Plan including the First Year of the Ten Year 2023-33 Capital Improvement Plan (CIP)
RECOMMENDATION:
Open the Public Hearing, Receive the Staff Report, Take Public Testimony, and Continue the Public Hearing to June 13, 2023.
It is recommended that the City Council discuss and provide policy direction to staff regarding the following:
1. Approve the proposed budget request.
2. Approve the appropriation of the partial payment of $2.5 million to CalHFA.
Staff Report - FY 23-24 Proposed Annual Budget
Attach 1 - FY 23-24 Proposed Annual Budget
Attach 2 - FY 23-24 List of Additional Budget Request
Attach 3 - RDLP and HELP repayment agreements
Attachments:
Mayor Walker-Griffin opened the Public Hearing. City Manager, Dante Hall, introduced the item. Finance Director, Edwin Gato, presented.
Council members provided comment. Mr. Gato, City Manager Hall and Public Works Director, Mike Roberts, provided a response. No public Comment. Action was taken on this item with a roll call vote. Mayor Walker-Griffin closed the Public Hearing.
MOTION: A motion was made by Council Member Kelley to approve the proposed budget request of $250,000 and approve the appropriation of the partial payment of 2.5 million to CalHFA, seconded by Vice Mayor Romero, to adopt this Public Hearing on Proposed FY 2023-24 City of Hercules Budget plan including the first Year of the Ten Year 2023-33 Capital Improvement Plan(CIP). The motion carried by the following vote:
DocuSign Envelope ID: 6486FBB6-0A62-480B-BDB6-13620D824C9C May 23, 2023City Council Meeting Minutes
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -
XII. CONSENT CALENDAR
Vice Mayor Romero requested that Agenda Item two(22-547) of the Consent Calendar, Second Reading of Ordinance Approving MCE JPA, be pulled for further discussion. Vice Mayor Romero provided comment.
Sebastian Conn, MCE representative, provided a response. Vice Mayor Romero, requested that a separate vote be taken on Agenda Item two(22-547) of the Consent Calendar. The vote is noted below under agenda item two(22-547) Second Reading of Ordinance Approving MCE JPA, of the Consent Calendar.
MOTION: A motion was made by Council Member Kelley to approve items 1,3, and 4 on the Consent Calendar, seconded by Vice Mayor Romero. The motion was carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -
1. 22-554 Meeting Minutes for the Regular Meeting on May 9, 2023 Meeting Minutes for the Regular Meeting on May 9, 2023Attachments:
APPROVED
2. 22-547 Second Reading of Ordinance Approving MCE JPA RECOMMENDATION:
Approve the second reading of an Ordinance approving the Marin Clean Energy joint powers agreement and authorizing the implementation of a community choice aggregation program.
Staff Report - MCE JPA Ordinance
Attach 1 - Ordinance Approving MCE JPA
Attach 2 - MCE-JPA-Agreement-37-Communities
Attachments:
APPROVED. This item was pulled from the Consent Calendar and voted on separately. A roll call vote was taken.
MOTION: A motion was made by Council Member Kelley, to waive the second reading and adopt an Ordinance approving the Marin Clean Energy joint powers agreement and authorizing the implementation of a community choice aggregation program, seconded by Council Member Grimsley. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
4 -
Nay: Vice Mayor D. Romero1 -
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3. 22-551 Vacation of a 1-Foot Wide, Non-Access Strip Across Skelly at the Entrance to Owl Ranch and Reversion to a Public Access Easement RECOMMENDATION:
Approve a resolution to summarily vacate a one-foot wide, non-access strip over all of Lot D dedicated on the final map of Subdivision 5338.
Staff Report - Owl Ranch Vacation of Easement - RevMR
Attach 1 - Resolution Vacating 1 foot wide non-access strip Attach 2- Exhibit A Non-Access Strip Vacation
Attach 3 - Exhibit B Public Access and Utility Easement Attachments:
APPROVED
4. 22-559 Informational Report on Domain Name Change and Updates on Cyber Hygiene and Website Review
RECOMMENDATION:
Receive a report on information technology updates and provide comments, if any.
Staff Report for .gov Domain Name and Information Technology Updates
Attachments:
APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-548 Update on the City of Hercules Community Development Department RECOMMENDATION:
Receive an update on the City of Hercules Community Development Department.
Staff Report - Community Development Department Update
Presentation - Community Development Department Update
Attachments:
Community Development Director, Tim Rood, presented. Council Members provided comment. Director Rood and City Manager Hall provided a response. No Public Comment. No action was taken on this item.
2. 22-556 Military Equipment Use and Acquisition
RECOMMENDATION:
Annual Approval of Hercules Police Department military equipment inventory and usage per policy section 709 in conformance with the requirements of California Assembly Bill 481; Military Equipment Funding, Acquisition, and Use (attached).
DocuSign Envelope ID: 6486FBB6-0A62-480B-BDB6-13620D824C9C May 23, 2023City Council Meeting Minutes
Staff Report - Military Equipment
Attach 1 - Military Equipment 2023 Policy
Attach 2 - Annual Military Equipment Report 2022
Attach 3 - AB481
Attach 4 - Ordinance 537 - Military Equipment
Attachments:
Chief Joseph Vasquez presented. No public comment. Council Members provided comment. Chief Vasquez provided a response. Action was taken on this item. A roll call vote was taken.
MOTION: A motion was made by Council Member Kelley, to approve the Hercules Police Department Annual Military Equipment report 2022, seconded by Council Member Grimsley. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -
3. 22-558 Landscape and Lighting Assessment Districts - Review of the Draft 5-year Financial Projections, Recommended Rates for FY 2023-24, and Additional Program Evaluation
RECOMMENDATION:
It is recommended that the City Council:
1. Receive a draft report on the 5-year financial projections and overall health of each of the 5 Landscaping and Lighting Assessment Districts (LLADs); and
2. Provide feedback to staff on the recommended assessment rates for FY 2023-24 for inclusion in the Preliminary Engineer’s Reports scheduled for review by City Council at their June 27, 2023 meeting; and
3. Provide direction on the need to perform additional program evaluation, if any, including addressing the fund deficit for LLAD No. 2002-1 (Victoria by The Bay).
Staff Report - LLADs 5-Year Projections, Findings and
Recommendations
Attach 1 - 5-year Projection Findings and Recommendations Report Attachments:
City Manager, Dante Hall, Introduced the item. Public Works Director, Mike Roberts and Ed Espinoza with Francisco and Associates, presented.
No public comment. Council Members provided comment. Director Roberts, Mr. Espinoza and Finance Director Edwin Gato provided a response. Council Members provided direction for Mr. Espinoza and staff.
Action was taken on this item. The following motions were made:
Motion 1: Council Member Kelley made a motion to approve Table A, Staff Recommendation, for FY 23-24 and prepare the Engineers Report to come back to Council, seconded by Vice Mayor Romero. The motion carried by the following vote:
AYES: T. Grimsley, C. Kelley, D. Bailey, Vice Mayor Romero and Mayor A.
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Walker-Griffin
NOES: NONE
Motion 2: Council Member Bailey made a motion to have Staff come back to Council to help Council identify ways to balance out the LLADs which would include a 10 year report including fiscal years of income and expenses, seconded by Council Member Grimsley. The motion carried by the following vote:
AYES: T. Grimsley, C. Kelley, D. Bailey, Vice Mayor Romero and Mayor A.
Walker-Griffin
NOES: NONE
Motion 3: Vice Mayor Romero made a motion to start the process for a 218 Election for Victoria by the Bay, seconded by Council Member Grimsley.The motion carried by the following vote:
AYES: T. Grimsley, C. Kelley, D. Bailey, Vice Mayor Romero and Mayor A.
Walker-Griffin
NOES: NONE
4. 22-550 2022 Annual General Plan Progress Report
RECOMMENDATION:
By minute action, direct staff to submit the 2022 General Plan Annual Progress Report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).
Staff Report - 2022 General Plan Annual Report
Attach 1 - General Plan APR 2022
Presentation - General Plan APR 2022
Attachments:
Community Development Director, Tim Rood, presented. No public Comment. Council Members provided no comment. Action was taken on this item with a roll call vote.
MOTION: A motion was made by Council Member Bailey, seconded Council Member Kelley, to accept the report as presented and submit it to the proper Agencies. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -
DocuSign Envelope ID: 6486FBB6-0A62-480B-BDB6-13620D824C9C May 23, 2023City Council Meeting Minutes
XIV. PUBLIC COMMUNICATIONS
NONE
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
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.
1. Regional Committees
2. City Council Committees and Subcommittees
3. Commission Liaisons
City Manager, Dante Hall, and City Attorney, Patrick Tang, had no announcements or updates.
1. Regional Committees:
No reports were given
2. City Council Committees and Subcommittees:
No reports were given
3. Commission Liaisons:
No reports were given
Community Events:
Council Members reported out on a variety of events that they attended through the CIty and County.
Future Agenda Items:
Vice Mayor Romero requested further discussion on item, DRP 23-02- Exchange Trash Relocation, which was denied by the Hercules Planning Commission. This item is regarding the placement of the garbage bins in front of the Exchange. This Future Agenda Item request was defined by City Attorney, Patrick Tang, as a 'Request for A Call Up'. City Attorney Tang clarified the process to Call Up a decision made by the Planning Commission. The City Clerk must take a poll of the Council to see if the majority agree to Call Up the item at a future City Council meeting. City
DocuSign Envelope ID: 6486FBB6-0A62-480B-BDB6-13620D824C9C May 23, 2023City Council Meeting Minutes
Clerk, Eibleis Melendez, took the following poll:
The following Council Members agreed to Call Up DRP 23-02- Exchange Trash Relocation, at a future City Council Meeting: T. Grimsley, C. Kelley, and Vice Mayor D. Romero
The following Council Members abstained: D. Bailey and Mayor Walker-Griffin
A majority of the Council agreed to call the item up. This item will be scheduled for a future Agenda.
XVI. ADJOURNMENT
Mayor Walker-Griffin adjourned the meeting at 11:06 P.M. _________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk
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