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VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Mayor Walker-Griffin.
VII. MOMENT OF SILENCE
A Moment of Silence was observed for both Nancy Catelli and former Council Member, Joanne Ward. Council Members provided comment.
Members of the public spoke about Joanne Ward.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-592
Parks and Recreation Proclamation
Parks & Recreation Proclamation-2023Attachments:
Mayor Walker-Griffin presented the proclamation. Council Members and CIty Manager, Dante Hall, provided comment. Recreation Manager, Ambra Garfield, accepted the proclamation and advertised upcoming programs. She also recognized the Recreation Staff for their hard work and dedication. Recreation Director, Christopher Roke, provided a response. Photos were taken with the Council Members.
2. 22-591
Introduction of the Interim Fire Chief Rebecca Ramirez
Mayor Walker-Griffin introduced the Interim Fire Chief, Rebecca Ramirez.
Chief Ramirez spoke briefly on both her personal and professional background and expressed her appreciation for all of the support that she has received. No public comment. Council Members provided comment.
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.
XI. PUBLIC HEARINGS
NONE
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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, and Council Member C. Kelley
4 -
Absent: Council Member T. Grimsley1 -
1. 22-587
Meeting Minutes for the Regular Meeting on June 13, 2023 Meeting Minutes for the Regular Meeting on June 13, 2023Attachments:
APPROVED
2. 22-562 Authorization To Contract With Tripepi Smith for FY 23-24 General Communication Support
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement for an amount not to exceed $80,000.00 with Tripepi Smith for General Communications Support.
Staff Report - Authorization To Contract With Tripepi Smith for FY 23-24 General Communications Support
Attach 1 - Resolution Tripepi Smith FY 23-24
Attach 2 - 2023-04 Hercules General Communications Scope of Work Attach 3 - Professional Services Agreement with Tripepi Smith for Communications Support FY 23-24
Attachments:
Resolution 23-039, APPROVED
3. 22-582 Appropriation for Homicide Vehicle Storage Fees RECOMMENDATION:
Adopt a resolution amending the General Fund FY 2022-23 Budget for Police Department increasing it appropriation by $42,350 for the vehicle storage fee related to a homicide investigation.
Staff Report - Appropriation for Homicide Vehicle Storage Fees Attach 1 - Resolution
Attach 2 - Original Invoice
Attach 3 - Updated Invoice
Attachments:
Resolution 23-040, APPROVED
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4. 22-583 Annual Fiber Optic Broadband Report
RECOMMENDATION:
Receive report.
Fiber Optic Annual Report 2023Attachments:
APPROVED
5. 22-588 Agreement with CSG Consultants for Code Enforcement Services RECOMMENDATION:
Staff recommends that the City Council:
1. Receive the staff report on this issue;
2. Ask any clarifying questions of staff;
3. Take comments from the public; and
4. Adopt a resolution authorizing the City Manager to execute an agreement with CSG Consultants in the not-to-exceed amount of $120,000 for code enforcement services.
Staff Report-CSG Agreement
Attach 1- Resolution - CSG Consultants
Attach 2-CSG Agreement including Scope and Fee
Attachments:
Resolution 23-041, APPROVED
6. 22-589 Addition of Public Works Supervisor Job Description to the City’s Classification Plan
RECOMMENDATION:
Adopt a resolution approving the addition of a Public Works Supervisor Job Description to the City’s Classification Plan.
Staff Report-Public Works Supervisor
Attach 1 - PW Supervisor Resolution
Exhibit A - PW Supervisor Job Description
Exhibit B - Teamsters FT Amended Salary Schedule
Attach 2 - MRG Organizational Analysis
Attachments:
APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-590 Update on the City of Hercules Finance Department RECOMMENDATION:
Receive an update on the City of Hercules Finance Department Staff Report-Finance Department Update
Presentation-Finance Departmental Update
Attachments:
City Manager, Dante Hall, introduced the Item. Finance Director, Edwin
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June 27, 2023City Council Meeting Minutes
Gato, presented. Council Members provided comment and asked questions. Director Gato introduced Staff that was present and provided a response to comment and questions. No public comment. No action was taken on this item.
2. 22-584
Landscaping and LIghting Assessment Districts - Approval of Preliminary Engineer's Reports and Declaring the City Council's Intention to Levy and Collect Assessments for Fiscal Year 2023/24
RECOMMENDATION:
City staff is recommending City Council adopt the following resolutions:
a. A resolution for the preliminary approval of the Engineer’s Report and declaring the City Council’s intention to levy and collect assessments for Fiscal Year 2023/24 within the City of Hercules for Citywide Landscaping and Lighting Assessment District No. 83-2, which is comprised of Benefit Zone Nos. 1, 2, 3&4, 5A, 5B, 5C, 6, 7, 8, 9, and 10, and setting a public hearing for July 11, 2023;
b. A resolution for the preliminary approval of the Engineer’s Report and declaring the City Council’s intention to levy and collect assessments for Fiscal Year 2023/24 within the City of Hercules Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 and setting a public hearing for July 11, 2023;
c. A resolution for the preliminary approval of the Engineer’s Report and declaring the City Council’s intention to levy and collect assessments for Fiscal Year 2023/24 within the City of Hercules for Hercules Village Landscaping and Lighting Assessment District No. 2002-2 and setting a public hearing for July 11, 2023;
d. A resolution for the preliminary approval of the Engineer’s Report and declaring the City Council’s intention to levy and collect assessments for Fiscal Year 2023/24 within the City of Hercules for Baywood Landscaping and Lighting Assessment District No. 2004-1 and setting a public hearing for July 11, 2023; and
e.A resolution for the preliminary approval of the Engineer’s Report and declaring the City Council’s intention to levy and collect assessments for Fiscal Year 2023/24 within the City of Hercules for Bayside Landscaping and Lighting Assessment District No. 2005-1 and setting a public hearing for July 11, 2023.
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Staff Report - FY 2023-24 LLAD ROI
Attach 1 - Reso 82-3 Citywide
Attach 2 - Reso Victoria By The Bay
Attach 3 - Reso Hercules Village (Promenade)
Attach 4 - Reso Baywood
Attach 5 - Reso Bayside
Attach 6 - Prelim Report 83-2 Citywide
Attach 6 - Prelim Report Bayside
Attach 6 - Prelim Report Baywood
Attach 6 - Prelim Report Hercules Village (Promenade)
Attach 6 - Prelim Report Victoria By The Bay
Attachments:
Public Works Director/ City Engineer, Mike Roberts, introduced and presented the item. Ed Espinoza from Francisco and Associates, was present to answer any questions. No public comment. Council Members provided comment and asked questions. Action was taken on this item.
MOTION: A motion was made by Council Member Bailey, seconded by Council Member Kelley, to adopt Resolution 23-034. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, and Council Member C. Kelley
4 -
Absent: Council Member T. Grimsley1 -
MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Romero, to adopt Resolution 23-035. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, and Council Member C. Kelley
4 -
Absent: Council Member T. Grimsley1 -
MOTION: A motion was made by Council Member Bailey, seconded by Council Member Kelley, to adopt Resolution 23-036. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, and Council Member C. Kelley
4 -
Absent: Council Member T. Grimsley1 -
MOTION: A motion was made by Vice Mayor Romero, seconded by Council Member Kelley, to adopt Resolution 23-037. The motion carried by the following vote:
MOTION: A motion was made by Council Member Bailey, seconded by Vice Mayor Romero, to adopt Resolution 23-038. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, and Council Member C. Kelley
4 -
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Absent: Council Member T. Grimsley1 -
3. 22-586 Senior Nutrition Infrastructure Grant
RECOMMENDATION:
Staff recommends that the Hercules City Council:
1. Receive the staff report on the item;
2. Ask clarifying questions of staff, if any; and
3. Adopt a resolution authorizing staff to accept the Senior Nutrition Infrastructure Grant and appropriating $47,600 from FY 23-24 General Fund reserves to be reimbursed by the grant award.
Staff Report - Senior Nutrition Infrastructure Grant
Attach 1 - Resolution - Program Senior Nutrition Infrastructure Grant Attach 2 - Letter to the County Requesting Funding
Attach 3 - CCC Area Agency on Aging- Funding Request
Questionnaire
Attach 4 - California Department of Aging - Equipment Justification Form
Attach 5 - Title IIIC Capital Expenditure Equipment Approval List Attachments:
Recreation Director, Christopher Roke, introduced and presented the item.
Council Members provided comment. Director Roke and City Manager, Dante Hall, provided a response. No public comment. Action was taken on this item.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Bailey, to adopt Resolution 23-042. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, and Council Member C. Kelley
4 -
Absent: Council Member T. Grimsley1 -
4. 22-585
Parking Operations Agreement for Bayfront Project Area
RECOMMENDATION:
Receive a report from City staff on the Parking Operations Agreement for the Bayfront Project area, ask any questions of staff, take public comment, discuss the item, and approve a resolution authorizing the City Manager to execute the agreement.
Staff report- Parking Operations Agreement
Attach 1 - Hercules Bayfront Project - Implementing Shared Parking Operating Memorandum 2020-03-02
Attach 2 - Hercules Bayfront - Parking Operations Agreement_061323 Exhibit A - to Attach 2
Attach 3 - Resolution Approving Bayfront Parking Operations Agreement (clc 6-13-23)
Attachments:
Community Development Director, Tim Rood, introduced and presented
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item. Robert Davis a representative of Ledcor and Christie Crowl, Assistant City Attorney, were present to answer questions. No public comment. Council Members provided comment and questions. Director Rood and Ms. Crowl provided a response. Action was taken on this item.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Bailey, to adopt Resolution 23-43. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, and Council Member C. Kelley
4 -
Absent: Council Member T. Grimsley1 -
5. 22-524
Facility Fee Waiver Requests for the Rodeo-Hercules Fire District (RHFD) and the Western Contra Costa Integrated Waste Management Authority (WCCIWMA)
RECOMMENDATION:
Staff recommends that the City Council:
1. Receive staff report on this issue;
2. Ask any clarifying questions of staff; and
3. Take comments from the public; and
4. Authorize the City Manager to waive City Council Chamber rental fees for the Rodeo-Hercules Fire District (RHFD) and the Western Contra Costa Integrated Waste Management Authority (WCCIWMA) Monthly Board Meetings.
Staff Report - Facility Fee Wavier Requests for the Rodeo-Hercules Fire District (RHFD) and the Western Contra Costa Integrated Waste Management Authority (WCCIW
Attachments:
City Manager, Dante Hall, Introduced and presented the item. No public comment. Council Member provided comment and asked questions. City Manager Hall 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 approve Staffs recommendation. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, and Council Member C. Kelley
4 -
Absent: Council Member T. Grimsley1 -
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 Liaisions
City Manager, Dante Hall, promoted the upcoming Fire Work show on July 4th and the Movie Nights at Refugio Valley Park. He also reported out on the Household Hazards Waste Collection event. City Attorney, Patrick Tang, had no announcements.
1. Regional Committees:
Council Member Bailey attended the West Contra Costa Transportation Advisory Committee(WCCTAC) meeting where CalTrans gave their I-80 Improvement presentation.
Council Member Kelley attended the WestCat and the WCCTAC meetings. She also reported out on the Contra Costa Transportation Authority Board(CCTA) meeting.
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 Bailey took a tour of Republic Services. Vice Mayor Romero attended the Rodeo-Hercules Badge pinning. The Juneteenth flag raising event was well attended.
Future Agenda Items:
NONE
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XVI. ADJOURNMENT
Mayor Walker-Griffin adjourned the meeting at 8:45 P.M. _________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk
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DISCUSSION AND/OR ACTION
AGENDA ITEMS
1. 22-593
2. 22-596
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 11, 2023
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director
SUBJECT: Business Attraction Grant Program Guidelines
RECOMMENDED ACTION:
Staff requests that the Council:
1. Receive a staff report on potential clarification of the program guidelines;
2. Ask staff clarifying questions, if any;
3. Receive comments from the public, if any; and
4. By minute order, approve clarifications to the Business Attraction Grant program guidelines adopted on June 13, 2023. The Council may either:
a. Adopt only the staff-recommended clarifications; or
b. Adopt both the staff-recommended clarifications and a food service requirement BACKGROUND:
On April 4, 2023 , the Council’s Economic Development Committee received a report on a pilot Business Attraction matching grant program to incentive desired types of business, to move into existing, vacant retail spaces. The committee recommended the program be brought to the full Council for consideration.
On June 13, 2023, the Council approved the program along with a request that staff return with potential clarification of the program guidelines to ensure that participating eating/drinking establishments provided some level of food service.
Rollout of the grant program is on hold pending the Council’s potential changes to the program guidelines.
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ANALYSIS:
Targeted Business Types
The Business Attraction Grant program aims to help attract businesses that provide community gathering spaces. As adopted, the program guidelines allow restaurant/café, wine bar/café, or brewpub/micro-distillery businesses to be eligible for the grants. All of these business types ser ve beverages for on -site consumption, but not all necessarily serve food or complete meals.
The policy issue before the Council is whether the Business Attraction Grant program guidelines should be amended to limit participation to businesses that serve food, which typically enables minors to be present on site, or should continue to be open to eligible businesses that do not serve food. Example businesses from the surrounding area are provided below to illustrate the types of businesses that could be att racted to Hercules depending on the program guidelines adopted.
Alcoholic Beverage Control License Types
In California, many different types of licenses to serve alcoholic beverages are available from the state Department of Alcoholic Beverage Control (A BC). Some of these license types require some amount of food service to be available, and some license types restrict minors from being on the premises. Typically, minors are allowed at a “bona fide eating place” that serves alcohol.
California Business & Professions Code Sections 23038 and 23787 define a “bona fide eating place” as a licensed premises equipped and maintained in good faith for sales to and consumption by the public of meals upon the premises . The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day.
Applicable ABC license types for targeted business types are listed below, along with requirements relating to food service and the presence of minors. For each license type, example businesses from Hercules and the surrounding area that are listed on the ABC license lookup service as having that type of license are provided for information.
ABC License Types Requiring Food Service:
Type 40 On-Sale Beer (Bar, Tavern)
o Authorizes the sale of beer for consumption on or off the premises o No wine or distilled spirits may be on the premises.
o Full meals are not required; however, sandwiches or snacks must be available (often through vendor partnerships with food trucks or nea rby takeout businesses)
o Minors are allowed.
259
o Microbrewery examples: Hop Grenade , Concord; Four Legs Brewing , Brentwood
Type 41 On-Sale Beer & Wine – Eating Place
o Must operate and maintain the licensed premises as a bona fide eating place.
o Must maintain suitable kitchen facilities and must make actual and substantial sales of meals for consumption on the premises. o Minors are allowed.
o Examples: Mazatlán, Genki House, Jumping Spoon, Anh’s Kitchen o Wine Bar example: Residual Sugar, Walnut Creek.
Type 47 On-Sale General – Eating Place
o Must operate and maintain the licensed premises as a bona fide eating place.
o Must maintain suitable kitchen facilities and must make actual and substantial sales of meals for consumption on the premises. o Minors are allowed.
o Examples: Powder Keg Pub, Leila By the Bay
o Wine Bar examples: Bar Cava, Martinez; The Loft Wine Bar & Restaurant , Benicia
o Brewpub example: Firehouse Brew & Grill, Martinez
Type 75 Brewpub-Restaurant
o Authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer. o Minors are allowed on the premises.
o This license does not authorize the sale of alcoholic beverages for consumption off the premises where sold.
o No examples in Contra Costa or Solano Counties, likely to due to prohibition on off-sale, which is common for breweries.
o Examples: Downtown Joe’s , Napa; Waterfront Seafood Grill , Napa; Calistoga Inn, Calistoga
ABC License Types That Do Not Require Food Service:
Type 23 Small Beer Manufacturer
o Production of less than 60,000 barrels of beer per year. o Typical license type for breweries and brewpubs.
o Food service is not required, but often provided through partnerships. o Examples with food: Elevation 66 Brewing Company , El Cerrito; Del Cielo Brewing Co., Martinez (sandwiches/salads/desserts).
o Examples without food: Calicraft Brewing Company , Walnut Cree k; Five Suns Brewing, Martinez; Morgan Territory Brewing, Pleasant Hill 260
Type 42 On-Sale Beer & Wine – Public Premises
o Authorizes the sale of beer and wine for consumption on or off the premises. o No distilled spirits may be on the premises.
o Minors are not allowed to enter and remain (musicians excepted). o Food service is not required, but often provided through partnerships o Wine bar ex ample: The Chill, Benicia (offers charcuterie plate or delivery orders from nearby restaurant);
o Beer bar/taproom examples: Hop Asylum, Brentwood (21+ craft beer bar with sandwiches, flatbreads and appetizers); Vine & Grain, Brentwood (21+ wine/craft beer bar with tapas/charcuterie)
Type 74 Craft Distiller
o Allows commercial manufacture of up to 150,0 00 gallons of distilled spirits per fiscal year
o Authorizes sale of distilled spirits manufactured by the licensee, up to 2.25 liters per consumer per day
o May also sell all beers, wines, brandies and distilled spirits to consumers for consumption at a bona fide eating place upon the licensed premises. o Minors are allowed if a bona fide eating place is upon the licensed premises o Examples with food service: Savage & Cooke – An American Distillery, Vallejo; Heretic Brewery & Distillery, Fairfield
o Example without food service: Dissident Spirits tasting room, Richmond
Program Guidelines and Recommended Clarifications
Staff recommends clarifying the program guidelines to do the following:
1. Define the types of eligible businesses using more precise terminology, consistent with that used by ABC.
2. Clarify that the eligible business must be the primary use in the space and not incidental or accessory to a non-eligible use. For example, a non-eligible business, such as a salon, that wished to sell coffee and pastries in a portion of its space would not be eligible for the grant program.
3. Clarify that Planning permits for the space must be approved at the time of submittal for the grant program, in order to prevent grant funds being expended on uses that are later denied by the Planning Commission or Council.
4. Clarify that grant recipients are required to provide a Certificate of Occupancy as well as a City business license prior to receiving the final grant payment.
Staff further requests that the Council discuss and decide if it wishes to amend the program guidelines to limit the Business Attraction program only to businesses that provide food service . Staff’s recommendation in this regard would be not to add a food service requirement , in the interest of casting a broad net for this pilot program and 261
allowing business types, such as small breweries, that create gathering spaces and add vibrancy, to participate even if they do not prepare and serve food.
The approved program guidelines are as follows . Redline text indicates staff- recommended clarifications of the program guidelines.
Business Attraction Grant Budget
A total of $100,000 (allocated from the General Fund) with a maximum grant amount per business of $25,000 (and a minimum grant amount of $5,000). Grant amount must be matched by the applicant.
Grant Program Eligibility
The business is a brick-and-mortar, for-profit, sales tax-generating businesses in one of the following categories:
o Restaurant
o Café (if the café comprises a majority of the space/operation, or if the café is the primary use and not incidental to another use) o Wine bar / café
o Brewpub Brewery or taproom
o Micro-distillery Craft distillery
The business must lease/rent their commercial property directly from a landlord.
The space must be vacant and available for lease as of the start date of the program.
The business is either independently owned/operated or a locally owned franchisee (i.e., local outlets of chains or franchises that are headquartered outside of the nine-county Bay Area and/or have more than six locations are not eligible)
The business must provide a matching move-in expenditure equal to or greater than the grant amount.
Submittal Requirements
Signed Lease or Letter of Intent (LOI) for a vacant (as of the grant program start date) tenant space in Hercules.
Verification that all required Planning approvals for the business have been granted and applicable appeal periods have expired.
Pro-forma detailing all construction and move-in expenses required to open the business.
Grant amount requested and verification by the pro-forma that the grant amount will not exceed 50% of all construction and move-in expenses. Complete and signed online application which will include:
o Verification that the business is within one of the eligible categories. 262
o Verification that the business is either independently owned/operated or a locally owned chain (as defined under eligibility requirements)
Use of Funds
Tenant improvements (construction costs)
Signage
City, County or Utility permitting and connection fees Mechanical, Appliance and Equipment Costs
Furniture and Furnishings
Computer and Software Costs
Grant payments (up to the amount requested and awarded) will be upon submittal of receipts and/or invoices to HdL every 30 days. Business shall obtain a City Business license and have a Certificate of Occupancy prior to final reimbursement payment.
Additional Guidelines Adding Food Service Requirement
If the Council wishes to add a requirement that grant recipients provide food service, staff recommends adding “with food service” to the eligible business types, as follows:
Grant Program Eligibility
The business is a brick-and-mortar, for-profit, sales tax-generating businesses in one of the following categories:
o Restaurant
o Café (if the café comprises a majority of the space/operation, or if the café is the primary use and not incidental to another use) o Wine bar with food service
o Brewery or taproom with food service
o Craft distillery with food service
Conclusion/Recommendation
Staff requests that the Council by minute order 1) approve the recommended clarifications of the program guidelines and 2) if desired, approve the addition of a food service requirement to the program.
FISCAL IMPACT:
There would be no fiscal impact to this proposal. The adopted FY 23-24 budget includes an appropriation of $100,000 for this program in order to allow up to four grants for the maximum $25,000.
Attachments
Att. 1 - Presentation
263
Business
Attraction Grant
Guidelines
Hercules City Council 07/11/2023
264
Targeted Business Types
Eating/Drinking:
• Restaurant
• Café
• Brewpub
Drinking:
• Café
• Wine Bar
• Brewery / Taproom
• Craft distillery
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ABC License Types for Targeted Business Types
Food Required:
• Type 40 – On-Sale Beer / Sandwiches/snacks available
• Type 41 – Beer & Wine/Eating Place
• Type 47 – General / Eating Place
• Type 75 – Brewpub-Restaurant
Food Not Required:
• Type 23 – Small Beer Manufacturer
• Type 42 – Beer & Wine / Public Premises
• Type 74 – Craft Distiller
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Type 40:
On-Sale Beer
The Hop Grenade Taproom & Bottleshop, Concord
4 • Beer only, on- or off-sale
• Full meals not required
but sandwiches/snac
ks
must be available
267
Type 40:
On-Sale Beer
The Hop Grenade Taproom & Bottleshop, Concord
5 268
Type 23:
Small Beer
Manufacturer
Del Cielo Brewing Co., Martinez
6 • Beer production and sale
• Food service not required
269
Type 23:
Small Beer
Manufacturer
Five Suns Brewing,
Martinez
7 • Beer production and sale
• Food service not required
270
Type 23:
Small Beer
Manufacturer
Calicraft Brewing Company,
Walnut Creek
8 • Beer production and sale
• Food service not required
271
Type 23:
Small Beer
Manufacturer
Morgan Territory Brewing
Pleasant Hill
9 • Beer production and sale
• Food service not required
272
Type 31:
Beer & Wine –
Public Premises
The Chill, Benicia
1 0
• Beer production and sale
• Food service not required
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Type 40:
On-Sale Beer
The Hop Grenade Taproom & Bottleshop, Concord
1 1
• Beer only, on- or off-sale
• Full meals not required
but sandwiches/snac
ks
must be available
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Recommended Clarification of Guidelines
Grant Program Eligibility:
• Restaurant
• Café ( if the café comprises a majority of the space/operation, or if the café is the primary use and not incidental to another use)
• Wine bar / café
• Brewpub Brewery or taproom
• Micro-distillery Craft distillery
Submittal Requirements:
• Verification that all required Planning approvals for the business have been granted and applicable appeal periods have expired
Use of Funds:
• Business shall obtain a City Business license a nd have a Certificate of Occupancy prior to final reimbursement payment.
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Alternate Guidelines Adding Food Service Requirement
Grant Program Eligibility:
• Restaurant
• Café ( if the café comprises a majority of the space/operation, or if the café is the primary use and not incidental to another use)
• Wine bar / café with food service
• Brewpub Brewery or taproom with food service
• Micro-distillery Craft distillery with food service
Submittal Requirements:
• Verification that all required Planning approvals for the business have been granted and applicable appeal periods have expired
Use of Funds:
• Business shall obtain a City Business license a nd have a Certificate of Occupancy prior to final reimbursement payment.
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DISCUSSION AND/OR ACTION ITEM
2. 22-596
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 11, 2023
TO: Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
Patrick Tang, City Attorney
Edwin Gato, Director of Finance
SUBJECT: Council Healthcare Benefits
RECOMMENDED ACTION:
Staff recommends that the City Council:
1. Receive a report from Staff regarding Council Healthcare Benefits;
2. Ask staff clarifying questions, if any;
3. Receive comments from the public, if any; and
4. Provide direction to staff
BACKGROUND:
The City Council consists of five members, elected at -large on a non-partisan basis, who serve staggered four-year terms. They are paid a monthly stipend of $831.60. In addition to such compensation, members of the City Council shall receive t heir actual and necessary expenses incurred in the discharge of their official duties. Such salary and expense reimbursement shall be paid with the first payroll distribution of each month and shall include salary and expense reimbursement for the immediat ely preceding month. (Municipal Code, section 2-103 Salary of Council Members) On September 27, 2011, the City Council adopted R esolution No. 11 -119, which authorizes Council members not currently enrolled in the CalPERS program to participate in the ICMA deferred compensation plan as a stop-gap measure to provide parity among Council members who were enrolled in the CalPERS program , until such time that the CalPERS enrollees were no longer on the City Council and this benefit could be eliminated.
Three Council members received this benefit before its elimination. At the last meeting, the Council approved a Resolution authorizing Council Members not currently enrolled in the ICMA deferred compensation plan to participate in the program to provide parity among Council Members.
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On July 11, 2017, the City Council adopted Resolution 17 -054 reinstating limited healthcare benefits for members of the City Council to provide healthcare coverage at the Kaiser single level, and with an option for a Councilmember to waive health benefits and waive the opt-out provision of 50%. Currently, there is one Councilmember enrolled in this program. At the last meeting, the Council directed staff to return with information regarding the process for making changes to the healthcare benefits.
DISCUSSION:
The City Council can add, adjust, increase, decrease, or eliminate health care benefits for council members ; however, California Government Code Section 36516.5 provides in pertinent part that, “[a] change in compensation does not apply to a council member during the council member's term of office….”.
Since health care benefits are considered "compensation", changes in health care benefits are not permitted during a council member's term of office unless the change is expressly provided for under the terms and conditions of the benefits established by the Council.
Consistent with Gov. Code 36516.5, the State Attorney General in 80 Cal. Ops. Attorney General (AG) 119 (1997), concluded that decreases in salary and health and wel fare benefits are not authorized during a seated council member's term.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENTS:
1. City Council compensation comparison with surrounding cities
2. Mayor and City Council Monthly Compensation Report
3. Resolution No.11 -119, Amending Resolution 11 -094, Rescinding all health and welfare benefits for Members of the City Council, clarifying the termination of State of California Public Employees Retirement System (“CalPERS”) for members of the City Council.
4. Resolution No.17 -054, A resolution of the City Council of the City of Hercules reinstating limited health care benefits for City Council Members, resulting in a not to initially exceed approximately $45,000 in annual costs on forward going basis. 279
Hercules Pinole San Pablo El Cerrito Richmond
Population 26,091 18,482 31,226 25,591 116,465
Annual Salary $9,979 $6,750 $23,280 $5,292
Mayor $46,500
Council Members $16,830
Additional Stipend No No No No $30/meeting
Car Allowance No No No No
Mayor $4,200
Council Members $3,600
Travel Cost Reimbursement Cost Reimbursement Cost Reimbursement Cost Reimbursement Cost Reimbursement Medical Coverage - City Paid Yes - Kaiser Single Plan Only Yes - Kaiser Plans Yes - Kaiser Plans Not disclosed CalPERS Medical Ins Plan In Lieu Medical Contribution No Yes Yes Not disclosed No Retiree Medical Benefits No No No No Yes
Dental and Vision - City Paid No Yes Yes Not disclosed Yes Flexible Spending Plan No No Yes Not disclosed No
Deferred Plan Yes - Employer Contribution Yes - Employee Contribution No Not disclosed No CalPERS Pension No No Yes Not disclosed Yes
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City Paid
Pay Type: Health Contribution Total
Name Stipend Benefit 457K Compensation
Bailey, Anjulant 831.60$ -$ 154.79$ 986.39$ Grimsley, Tiffany 831.60$ -$ -$ 831.60$ Kelley, Christine 831.60$ -$ 154.79$ 986.39$ Romero, Daniel 831.60$ 891.02$ 154.79$ 1,877.41$ Walker-Griffin, Alex 831.60$ -$ -$ 831.60$ City Council Monthly Pay & Benefits
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