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, June 13, 2023
In-Person in Council Chambers or
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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
NONE
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
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NONE
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Mayor Walker-Griffin.
VII. MOMENT OF SILENCE
NONE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-563 Proclamation Recognizing June 19, 2023 As Juneteenth Proclamation - Juneteenth 2023Attachments:
Mayor Walker-Griffin presented the proclamation. Council Members provided comment. David Chris Shaw accepted the proclamation. Photos were taken with Council.
2. 22-564 I-80 Pavement Rehabilitation Project
Presentation- Caltrans I-80 Pavement Rehabilitation ProjectAttachments:
Representatives from Caltrans presented. Council Members provided comment and questions. Caltrans representatives provided a response.
IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
NONE
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.
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XI. PUBLIC HEARINGS
1. 22-565 Public Hearing on Proposed FY 2023-24 City of Hercules Annual Budget Plan including the First Year of the Ten-Year 2023-2033 Capital Improvement Plan(CIP) Budget
RECOMMENDATION:
Open the Continued Public Hearing, receive a Staff Report, Take Public Testimony, Close the Public Hearing, and Adopt the following resolutions (Attachments 1-3):
1. Approving the FY 2023-24 City of Hercules Budget Plan which includes the First Year (2023-24 Fiscal Year) of the Ten-Year (2023-2033 Fiscal Years) Capital Improvement Plan (CIP) Budget and making certain designations and fund balance adjustments, approving annual contracts for services in a total amount of $4,918,162.
2. Approving the FY 2023-24 Hercules Public Financing Authority Budget Plan Consisting of Debt Service in the amount of $2,025,414.
3. Establishing the Appropriations Limit for the FY 2023-24 in accordance with Proposition 111 and Article XIII B.
Staff Report - Budget Public Hearing & Adoption
Attach 1 - Resolution City Budget FY 2023-24
Attach 2 - Resolution PFA FY 2023-24
Attach 3 - Resolution GANN Limit FY 2023-24
Attach 3.A - GANN Limit Calculation
Attach 4 - FY 23-24 ANNUAL BUDGET_ELECTRONIC
Attachments:
Mayor Walker-Griffin opened the public hearing. Finance Director, Edwin Gato, Introduced the item and presented the Staff Report. Council Members asked questions and provided comment. Council Member Kelley requested adding an additional $35,000 to Special Events to support Chamber events. Mayor Walker-Griffin requested that the repair to the fence in the Ohlone Dog Park be added to the CIP. City Manager, Dante Hall and Director Gato provided a response. No public comment.
Action was taken on three resolutions.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Bailey to approve Resolution 23-025 with the addendum that we add $35,000 for Special Events or whatever that amount is determined by Finance Director Gato; Include a friendly amendment that the current process continues of submitting receipts; And that the repair of the fence at the Ohlone Dog Park also be added to the CIP.
MOTION: A motion was made by Vice Mayor Romero, seconded by Council Member Grimsley to approve Resolution 23-026.
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MOTION: A motion was made by Council Member Kelley, seconded by Council Member Bailey to approve Resolution 23-027
All three motions were 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 -
2. 22-566 Design Review Permit (DRP #23-02) to relocate the existing on-street garbage pick-up location for The Exchange on John Muir Pkwy.
RECOMMENDATION:
That the City Council:
1. Request planning staff present the staff report;
2. Open the public hearing;
3. Invite the applicant to make a presentation or statement;
4. Receive comments from the public;
5. Offer the applicant or their consultant team the opportunity to answer questions;
6. Close the public hearing;
7. Request clarification from staff or the applicant on any issues related to the project;
8. Take one of the following actions:
a. Approve the Resolution approving the Design Review Permit (Attachment 1), making any desired modifications to the findings for approval; or
b. Continue the item and provide direction to staff to prepare findings for denial; or
c. Refer the matter back to the Planning Commission for further consideration, in which case the referral shall be investigated as advisable and conclusions reported back to the Commission or Council.
Staff Report - DRP 23-02 - 2525 Bayfront Blvd -Relocation of Garbage Pickup
Attach 1 - CC Resolution
Attach 2 - Republic Services correspondence
Attach 3 - Resolution 17-02 Signed
Attach 4- DRP 17-02 Design Review Facts and Findings
Presentation
Attachments:
This item was a call up by Council. Community Development Director, Tim Rood, introduced the item and presented the Staff Report. No public comment was given. Council Members asked questions and provided comment. Director Rood provided a response. Action was taken on this item.
MOTION: A motion was made by Council Member Bailey, seconded by Council Member Grimsley, that the Council does not pass the Resolution and recommends that the Business Owner, Dream Bowls, and Republic Services try
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to resolve the issue themselves. If it cannot be resolved in a six month period the Council can bring the item back. The motion failed by the following vote:
Aye: Council Member D. Bailey, and Council Member T. Grimsley2 - Nay: Mayor A. Walker-Griffin, Vice Mayor D. Romero, and Council Member C. Kelley3 - MOTION: A second Motion was made by Council Member Kelley, seconded by Vice Mayor Romero to approve the Resolution as written. The motion failed by the following vote:
Aye: Vice Mayor D. Romero, and Council Member C. Kelley2 - Nay: Council Member D. Bailey1 -
Abstain: Mayor A. Walker-Griffin, and Council Member T. Grimsley2 -
3. 22-567 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.
Staff Report - Garbage Liens 6-13
Attach 1- Resolution
Attach 2 - May- December 2022(October batch)
Attach 3 - January-March 2023
Attach 4 - Hercules Cover Letter
Attachments:
City Clerk, Eibleis Melendez, introduced the item and provided the Staff Report. No public comment was given. Council Members had no comment.
Action was taken on this item. Mayor Walker-Griffin Closed the Public Hearing.
MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Kelley, to adopt Resolution 2023-028. The motion carried by the following vote:
Aye: Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
4 -
Nay: Mayor A. Walker-Griffin1 -
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Bailey, seconded by Council Member Kelley to adopt the Consent Calendar. 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 -
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1. 22-560 Meeting Minutes for the Regular Meeting on May 23, 2023 Meeting Minutes for the Regular Meeting on May 23, 2023Attachments:
APPROVED
2. 22-561 Establishment of Pre-Qualified Vendor lists through June 2026 RECOMMENDATION:
Staff recommends the Council approve a resolution approving pre-qualified vendor lists for planning and engineering services through June 2026, based on qualifications received in response to the City’s February 2023 Request for Qualifications.
Staff Report - Establishing Pre-Qualified Vendor Lists - Planning Engineering Services
Attach 1 - Resolution Establishing Pre-Qualified Vendor Lists Attach 2 - Pre-Qualified Vendors - Planning Services
Attach 3 - Pre-Qualified Vendors - Engineering Services Attachments:
Resolution 23-029 was APPROVED.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-569 Amendment No.2 with Gray Bowen Scott for a Not to Exceed Amount of $312,169 to Provide Project Management and Advance the Funding Plan for The Hub for a Total Not to Exceed Contract Amount of $902,501 RECOMMENDATION:
Adopt a resolution authorizing the City Manager to execute Amendment No.2 with Gray Bowen Scott (GBS) for a not to exceed amount of $312,169 to continue project management and advance the funding plan for The Hub for a total not to exceed contract amount of $902,501.
Staff Report - GBS Amendment Staff Report
Attach 1 - GBS Reso
Attach 2 - Amendment No.2
Attach 3 - GBS Team Key Staff Bios
Attachments:
Public Works Director, Mike Roberts, introduced the item and presented the Staff Report. Sheena Patel, a representative from Gray, Bowen and Scott, was present to answer questions. No public comment. Council Members asked questions and provided comment. Director Roberts and Ms. Patel provided a response. Action was taken on this item.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley to adopt Resolution 23-030. 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 -
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2. 22-570 Expiration of Solid Waste Collection Franchise Agreement in 2025 and Discussion Regarding Potential Strategies Moving Forward Recommendation:
Receive a report from staff regarding the expiration of the City’s solid waste collection franchise agreement with Republic Services in 2025 and discuss potential strategies for solid waste collection services moving forward including securing the services of a solid waste consultant to provide expertise and strategic guidance.
Staff Report - Franchise Agreement
Attach 1 - Republic Letter 05112023
Attach 2a - Republic Letter 06052023
Attach 2b - Republic CASP Presentation
Attach 3 - Republic Franchise Agreement
Attachments:
Public Works Director, Mike Roberts introduced the item and presented the Staff Report. Representatives from Republic Services were present to answer questions. No public comment. Council Members asked questions and provided comments. Director Roberts and Republic Services provided a response. Action was taken on this item.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Bailey to direct City Staff, to negotiate directly with Republic Services for either an extension of the franchise agreement or a new franchise agreement. If that is not successful, then go out for an RFP. Also, have Staff hire a technical firm to help with the negotiations with Republic Services. 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 -
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3. 22-571 Business Attraction Grant Program
RECOMMENDATION:
Staff recommends that the City Council approve a resolution approving the establishment of a pilot business attraction grant program and approving the business attraction program guidelines.
Staff Report - Business Attraction Grants
Attach 1 - Resolution
Attachments:
Community Director, Tim Rood, Introduced the item and presented the Staff Report. Consultants from HDL were present to answer questions.
Public Comment was provided. Council Members asked questions and provided comment, Director Rood and City Manager Hall provided a response. Action was taken on this item.
MOTION: A motion was made by Council Member Bailey, seconded by Vice Mayor Romero, to adopt Resolution 23-031, with staff coming back with recommendations for alcohol and ABC license. 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 -
4. 22-572
"Eat Local Hercules” Catering Incentive
RECOMMENDATION:
Staff recommends that the City Council approve by minute order the Eat Local Hercules program guidelines and adopt a resolution approving the second amendment to an agreement with the Yiftee Digital Gift Card program in the amount of $50,000 to establish the Eat Local Hercules catering incentive program.
Staff Report - Eat Local Hercules Catering Incentive
Attach 1 - Resolution
Attach 2 - Second Amendment to the Original Agreement
Attach 3 - First Amendment to the Original Agreement
Attach 4 - Original Agreement
Attach 5 - Large Employers List
Attachments:
Community Development Director, Tim Rood, introduced the item and presented the Staff Report. No public comment. Council Members asked questions and provided comment. Action was taken on this item.
MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Kelley, to adopt Resolution 23-032. 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 -
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5. 22-568 Adopt a Resolution authorizing Council Members not currently enrolled in the ICMA deferred compensation plan to participate in the plan to provide parity among Council Members.
RECOMMENDATION:
Staff recommends the following:
1. Adopt a Resolution authorizing Council Members not currently enrolled in the ICMA deferred compensation plan to participate in the plan to provide parity among Council Members.
2. Discuss and provide directions to staff for a possible salary increase.
Staff Report - City Council Compensation Report
Attach 1 - Resolution
Attach 2 - City Council Compensation Comparison with surrounding cities
Attach 3 - City Council Monthly Pay & Benefits
Attach 4 - Resolution 11-119 Terminate PERS Benefit
Attach 5 - RES.17-054-Reinstating Limited Health Care Benefits for City Council Members
Attachments:
Finance Director, Edwin Gato, introduced the item and presented the Staff Report. No Public Comment. Council Members asked questions and provided comment. Director Gato and City Attorney, Patrick Tang, provided a response. Action was taken on this item.
MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Romero, to adopt Resolution 23-033. The motion carried by the following vote:
Aye: Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
4 -
Abstain: Mayor A. Walker-Griffin1 -
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.
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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 Attorney, Patrick Tang, had no announcements. City Manager Dante Hall, reported out on the Cultural Festival and advertised the upcoming Movie Night.
1. Regional Committees:
Council Member Kelley and Vice Mayor Romero attended the Contra Costa Mayors Conference
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 throughout the City and the County. Council Member Grimsley advertised the upcoming Juneteenth Celebration at the Library including the raising of the flag. She will be on vacation June 19th- June 30th.
Council Member Bailey thanked the Staff for their work on the Traffic Calming in Village Parkway.
Future Agenda Items:
Mayor Walker -Griffin requested that we organize a mental health fair for the youth either this summer or in the fall.
Council Member Bailey requested that the Council Member Compensation item, specifically about health care cost, come back for discussion at the July 11th, 2023 City Council meeting.
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XVI. ADJOURNMENT
Mayor Walker-Griffin adjourned the meeting at 10: 58 p.m. _________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk
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