Cities Index.
Minutes

Hercules City Council
September 12, 2023

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Minutes
Meeting
September 12, 2023
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Hercules City Council
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7
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Text extracted from the city's file for reading and search. Open the original on hercules.legistar.com. That file is the official record.

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
6:00 PMTuesday, September 12, 2023
In-Person in Council Chambers or
Zoom ID: 889 8120 8913
Zoom Passcode: 092535
Zoom Phone Number: 1 669 900 6833
I. CLOSED SESSION – CALL TO ORDER - ROLL CALL - 6:00 P.M. 1A. 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
1A. Council Member Grimsley requested to participate in the City Council meeting remotely due travel for work. City Attorney, Patrick Tang, reviewed the requirements that had to be met, based on AB 2449. It was determined that she met the criteria. Council Member Bailey made a motion for Council Member Grimsley to participate remotely per the three requirements that were explained to the Council by the City Attorney. The motion was seconded by Council Member Kelley. A roll call vote was taken by City Clerk, Eibleis Melendez, Motion passed. 4-0
1B. SPECIAL MEETING - CLOSED SESSION
When the initial roll call was taken, Council Member Grimsley was marked absent. She was marked present once the Council voted unanimously to allow her to attend the meeting remote. City Attorney, Patrick Tang, read into the record the items that were going to be discussed in Closed Session.

Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley

Present: 5 -

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II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE.

III. CONVENE INTO CLOSED SESSION

1. 22-641 Conference with Legal Council - Anticipated Litigation Significant exposure to litigation pursuant to California Government Code Sec. 54956.9

2. 22-637 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney

3. 22-638 Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager
Meeting went into Recess
Meeting Reconvened
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.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. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney, Patrick Tang, noted that Council Member Grimsley requested to participate remotely. Prior to closed session, it was determined that Council Member Grimsely met the criteria to attend remotely and the Council Members voted unanimously for her to attend remotely as well as during the regular session.

City Attorney Tang, reviewed the items that were discussed in closed session. There was no final or reportable action as a result of those discussions.

VI. PLEDGE OF ALLEGIANCE
Mayor Walker-Griffin lead the Pledge of Allegiance.

VII. MOMENT OF SILENCE
Mayor Walker-Griffin requested a Moment of Silence in remembrance of the lives lost as well as the First Responders that helped in the tragic events that took place on September 11th, 2001.

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VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 22-632 National Hispanic Heritage Month Proclamation National Hispanic Heritage Month ProclamationAttachments:

Mayor Walker-Griffin presented the National Hispanic Heritage Month Proclamation. Council Members provided comment. Sylvia Serrano accepted the Proclamation. Pictures were taken.

2. 22-633 Haley Solis Proclamation
Haley Solis ProclamationAttachments:

Mayor Walker-Griffin presented the Proclamation. Haley Solis accepted the Proclamation and thanked the Council and Community Library Services Commission for the Proclamation. Council provided comment. Pictures were taken.

IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
Tanya Little provided Public Comment.

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
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Bailey, 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 -

1. 22-636 Meeting Minutes for the Special Meeting on August 8, 2023

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Meeting Minutes for the Special Meeting on August 8, 2023Attachments:

APPROVED

2. 22-631 Response to Grand Jury Report No. 2306 on Affordable Housing RECOMMENDATION:

By minute order, approve a draft response letter to the Grand Jury Report and direct staff to submit the letter to the Grand Jury.

Staff Report - Hercules Response to Grand Jury Report 2306 Attach 1 - June 16, 2023 Grand Jury letter to City Council Attach 2 - Grand Jury Report No. 2306
Attach 3 - Draft Hercules Response to Grand Jury Report 2306 Attachments:

APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-635 Update on the Hercules Parks and Recreation Facilities Master Plan and Draft Recommendations
RECOMMENDATION:

Staff recommends that the City Council:
a) Receive a report from staff regarding the status of the Park System Master Plan
b) Discuss and provide direction on draft project recommendations and project priorities if any.

Staff Report - Update and Draft Recommendation on the Hercules Parks and Recreation Facilities Master Plan
Attach 1- Hercules PRFMP Draft Recommendations
Presentation - Hercules PRFMP
Attachments:

City Manager, Dante Hall, introduced the item. Rachel Edmonds and Cindy Mendoza from MIG presented. Public comment was taken on this item. Lynn Paleo, Richard Taylor and Tyler Darke provided public comment in person. Bob Redlo provided comment via Zoom. Council Members asked questions and provided comment. Representatives from MIG and City Manager Hall provided a response. No action was taken on this item.

2. 22-634 Negotiation Points for Solid Waste Franchise Agreement RECOMMENDATION:

City Council:
a) Receive a report from staff regarding the recommended negotiation points for the Solid Waste Franchise Agreement with Republic Services; and
b) Discuss and provide direction on the negotiation points to staff, if any; and

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c) Authorize staff to proceed with negotiations.

Staff Report - Solid Waste Franchise Deal Points Staff ReportAttachments:

City Manager, Dante Hall, introduced and presented the item.

Representatives from Republic Services were available for comment. No public comment. Council Members asked questions and provided comment. Republic Service and Staff provided a response. Direction was provided by Council on this item. Action was taken on this item.

MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Romero, that staff go ahead with the recommended objectives(the five bullet points) that are included in the Staff Report and also to look into pricing for ten, fifteen and twenty years. 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. 22-630 Receive the Finance Commission’s Annual Report on Measures B and C for Fiscal Year Ending June 30, 2022
RECOMMENDATION:

Receive the Finance Commission’s Annual Report on Measures B and C for Fiscal Year Ending June 30, 2022.

Staff Report - Measure B and C Annual Report from Finance Commision
Attach 1 - Measure B and C 2022
Attachments:

FInance Director, Edwin Gato, introduced the item. Finance Commissioner, Dennis Esselsagoe presented. No public comment.

Council Members asked questions and provided comment. Director Gato provided a response. Action was taken on this item.

MOTION: A motion was made by Council Member Bailey, seconded by Council Member Kelley, to approve the Finance Commission's Annual Report on Measure B and C for Fiscal Year Ending June 30, 2022. 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. 22-640 Local Small Business Preference for Goods and Services RECOMMENDATION:

Review and discuss report; provide direction to staff.

Staff Report - Local Preference
Attach 1- Public Contracting Code Section 2002
Attach 2 - San Pablo Municipal Code 3.16.100 Local Business Preference
Attachments:

City Attorney, Patrick Tang, introduced and presented the item. No public comment. Council Members asked questions and provided comment. City Attorney Tang provided a response. Council provided direction. Action was take on this item.

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MOTION: A motion was made by Council Member Kelley, seconded by Council Member Bailey, to have the City Attorney research the item further and report back to Council. 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 -
XIV. PUBLIC COMMUNICATIONS
Tanya Little provided 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 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, provided an update on the recent issue with the yellow jackets in City parks. He also provided an update on the We Go Swing. Parks and Recreation Director, Christopher Roke, provided an update on the progress of the installation of the swing and promoted the upcoming movie night and tree and shade structure pop up event. City Attorney, Patrick Tang, had nothing to report.

1. Regional Committees:

Council Member Kelley reported out on the Contra Costa Transportation Authority(CCTA) Presto Events.

2. City Council Committees and Subcommittees:

No reports were provided

3. Commission Liaisons:

No reports were provided
Community Events-
Council Members reported out on events they attended throughout the City and County. Mayor Walker-Griffin reported out on his recent visit to the

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White House.

Future Agenda Items-
Council Member Kelley requested that the Council have Santa Clara Valley Housing Group come back and present their lower Mello-Roos assessment for the Hilltown property and potential benefits for building at this site. City Attorney Tang, reminded Council that due to AB 2449, A motion and a Second is required. Council Member Kelley made a motion on the request, seconded by Vice Mayor Romero. A roll call vote was taken by City Clerk, Eibleis Melendez. Motion passed by the following vote:

Ayes - Council Members- T. Grimsley, C. Kelley, Vice Mayor D. Romero and Mayor A. Walker-Griffin
Noes - Council Member D. Bailey.

XVI. ADJOURNMENT
Mayor Walker-Griffin adjourned the meeting at 10:02 P.M. _________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

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