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
Tuesday, November 14, 2023
SPECIAL MEETING 5:30 P.M., REGULAR MEETING 7:00 P.M.
In Council Chambers or To Watch or Listen: Zoom ID: 811 9532 6658 Zoom Passcode:
993920
Zoom Phone Number: 1-669-900-6833
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING – CALL TO ORDER - ROLL CALL- 5:30 P.M.
Council Member Bailey was in attendance but arrived late to the Special Meeting.
Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
Present: 5 -
II. PUBLIC COMMUNICATION - SPECIAL MEETING ITEMS
NONE
III. COMMISSION INTERVIEWS
Meeting went into Recess
Meeting Reconvened
1. 22-707 COMMISSION INTERVIEWS
RECOMMENDATION:
Conduct Interviews for eligible candidates which have applied fir Hercules Commission and Committees.
Council Members Conducted interviews for Candidates for the Planning Commission, Finance Commission, Contra Costa Library Commission, Contra Costa Transportation Authority(CCTA) Citizens Advisory Committee, Community & Library Services Commission and Contra
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Costa Mosquito & Vector Control Board.
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-
NO CLOSED SESSION
City Attorney, Patrick Tang, requested to revise his reporting out statement from the Closed Session on October 24th, 2023. There were three Closed Session items on the October 24th agenda. City Attorney Tang amended the reporting out statement to note that the evaluation of the City Attorney services was concluded at that meeting. Also, regarding the conference with the Real Property Negotiators, address: 1991 Railroad Ave., Hercules CA 94547. Direction was given by Council to come back with a discussion in open session. That discussion is scheduled for tonight's meeting under Discussion and/or Action Item 5. 22-701.
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Walker-Griffin.
VII. MOMENT OF SILENCE
VIII Introductions/ Presentations/ Commission Reports were presented before item VII. Moment of Silence. Vice Mayor Romero requested a Moment of Silence for the five service men that died in the Mediterranean Sea over the weekend.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-693 Proclamation Recognizing November 20, 2023 As Transgender Day of Remembrance In The City of Hercules
2023 Proclamation-Transgender Day of RemembranceAttachments:
VIII Introductions/ Presentations/ Commission Reports were presented before item VII. Moment of Silence. Mayor Walker-Griffin presented the proclamation. Council Members provided comment.
Agenda Addition - Report on Youth in Government Day.
City Manager, Dante Hall, introduced the item. Parks & Recreation Director, Christopher Roke, presented. Director Roke provided a brief description and overview of what took place throughout the afternoon.
Sophomores from Hercules high school that participated spoke about the event. Council Members asked questions and provided comment.
Certificates for their participation were presented to the students and pictures were taken with the Council and students.
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IX. AGENDA ADDITIONS/DELETIONS
City Manager, Dante Hall, requested to add an item under Introductions/ Presentations/ Commission Reports: Report on Youth in Government Day.
Vice Mayor Romero made a motion to accept the request, seconded by Council member Kelley. The Council voted unanimously to pass the motion and add the agenda item.
X. PUBLIC COMMUNICATIONS
The Hercules Library Manager, Alison Peters, gave a brief update on programs at the library and also promoted upcoming events. She also thanked the volunteers that help to keep these programs running through their outreach and partnership.
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. 22-694 Public Hearing on Approving Additions, Deletions and Adjustments to the Master Fee Schedule
RECOMMENDATION:
Staff recommends that the City Council open the continued public hearing, deliberate, and adopt the resolution approving additions, deletions and adjustments to the Master Fee Schedule for services provided by the City.
Staff Report - Master Fee Schedule Update Effective 11142023 Attach 1 - Resolution Master Fee Schedule
Attach 2 - Exhibit A - Master Fee Schedule 11142023
Attach 3 - Summary of Current and Recommended Fee
Attach 4 - Revised Paving Permit and Plan Review Fee and Cost Detail_S-036 and 037
Attach 5 - Revised Admin Minor Use Permit Fee Detail_S-001 Attach 6 - Hercules Cost of Services Study_Final Report 08.09 Attach 7 - Selected User Fee Comparison with other Jurisdictions Attach 8 - PowerPoint Presentation_Hercules Cost of Services Study Attachments:
City Manager, Dante Hall, introduced the item. Finance Director, Edwin Gato, presented the item. Eric Johnson from Revenue & Cost Specialist(RCS) was present via Zoom to answer questions. No public comment. Mayor Walker-Griffin opened the Public Hearing at 7:34 P.M.
Council Members asked questions and provided comment. Director Gato, Public Works Director Mike Roberts, Park & Recreation Director, Christopher Roke, and RCS provided a response. Mayor Walker-Griffin closed the public hearing at 7:45 p.m. Action was taken on this item.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley, to adopt this Public Hearing item; Resolution 23-060. 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 -
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 -
1. 22-695 Meeting Minutes for the Regular Meeting of October 24, 2023 Meeting Minutes for the Regular Meeting of Ocotber 24, 2023Attachments:
APPROVED
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2. 22-696 Approval of the Final Map and Subdivision Improvement Agreement for Tract No. 9606 “Owl Ranch”
RECOMMENDATION:
City Council adopt a resolution approving the Final Map and Subdivision Improvement Agreement for Tract No. 9606 “Owl Ranch” located at 215 Skelly and authorizing the City Manager to execute the Subdivision Improvement Agreement on behalf of the City Council.
Staff Report - Owl Ranch Final Map
Attach 1 - Resolution Owl Ranch Final Map
Attach 2(a) - Subdivision Map 9606
Attach 2(b) - Skelly Conditions of Approval
Attach 3 - Subdivision Improvement Agreement
Attachments:
Resolution 23-059, APPROVED.
3. 22-706 MIG, Inc. Contract Amendment
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving the first amendment to an agreement with MIG, Inc. for $12,990 to continue to provide professional services described in Attachment A of the original contract.
Staff Report - MIG Contract Amendment
Attach 1 - Resolution
Attach 2 - MIG - First Amendment to the Original Agreement #22-054 Attach 3 - MIG - Original Contract -22-054
Attach 4 - 9.13.2023 Staff Report - Parks Master Plan MIG Attach 5 - Signed Resolution #22-081 MIG Parks Master Plan Attachments:
Resolution 23-061, APPROVED.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-697 Commission and Committee Appointments
RECOMMENDATION:
Consider making appointments to Hercules Commissions, Regional Boards and Committees for the start of new two (2) year terms, to fill expired terms.
Staff Report - Commission AppointmentsAttachments:
City Manager, Dante Hall, introduced the item. City Clerk, Eibleis Melendez, tallied the votes for each candidate, a roll call vote was taken.
The following candidates received the highest number of votes and were appointed to the City's Boards and Commissions as follows:
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Planning Commission
Hector Rubio - 2 year term ending in December 2025
Robert Schaufenbil - 2 year term ending in December 2025 Finance Commission
Dennis Esselsagoe - 2 year term ending in December 2025 Contra Costa County Library Commission -(Recommended by Community and Library Services Comm.)
Donna Rennie(Primary) - 4 year term ending in December 2027 Jo Ellen Marcotte(Alternate) - 4 year term ending in December 2027 Contra Costa Transportation Authority Citizens Advisory Committee Dennis Esselsagoe - 4 year term ending in 2027
Community & Library Services Commission
Evangelia Ward- Jackson - 2 year term ending in December 2025 Monique Hernandez(Student Commissioner) - 1 year term ending in December 2024
Contra Costa County Mosquito & Vector Control Board
Damian Wong - 2 year term ending in December 2025
2. 22-699 Additional Information on Project Labor Agreements RECOMMENDATION:
Review and discuss report; provide direction to City attorney and staff on the questions outlined in the report.
Staff Report - Project Labor Agreements
Attach 1 - Sample Definitions
Attach 2 - Project Stabilization Agreement Template
Attach 3 - Staff Report 10.3.23 - Project Labor Agreement and attachments
Attachments:
City Attorney, Patrick Tang, introduced the item. Christina Lawrence, from Jarvis Faye, presented. Whitney Pfeiffer, Bill Whitney, Eric Haynes, Anthony Viscuso, Tom Hansen, Timothy Jefferies provided public comment. Council Members asked questions and provided comment. Bill Whitney was asked to come back up to the podium and provide a response to Councils questions. Christina Lawrence and Public Works Director, Mike Roberts, also provided a response. Action was taken on this item.
MOTION: A motion was made by Council Member Bailey to authorize the City Manager to begin negotiations immediately for the Project Stabilization Agreement, commonly referred to as a PLA, with the Contra Costa Building and Construction Trades. Staff will include the following: all City of Hercules
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construction and maintenance projects with an engineers estimate of one million dollars or more to be included, no core employees, a term of five years and it will also include a roll over termination clause. A local hire preference which would include Richmond, El Cerrito, Pinole, Hercules, San Pablo and the unincorporated areas(Crockett and Rodeo) the percentage would be negotiated.
The template attached to Staff Report(attach 2) can be used. The negotiated project statement should come back to Council as soon as possible, seconded by Council Member Grimsley. The motion carried by the following vote:
Aye: Mayor A. Walker-Griffin, Council Member D. Bailey, and Council Member T.
Grimsley
3 -
Nay: Vice Mayor D. Romero, and Council Member C. Kelley2 -
3. 22-698 FY 23-24 1st Quarter Budget Report
RECOMMENDATION:
Receive the reports on the FY 23-24 1st Quarter Budget Report for the period ending September 30, 2023, and the Preliminary FY 22-23 General Fund Annual Results (Unaudited) for June 30, 2023.
Staff Report - FY 23-24 1st Quarter Financial Report
Attach 1 - General Fund YTD Revenue through 09302023
Attach 2 - General Fund YTD Expenditures through 09302023 Attach 3 - All Funds YTD Revenues and Expenditures through 09302023
Attach 4 - Active CIP through 09302023
Attachments:
Finance Director, Edwin Gato, introduced and presented the item. No public comment. Council Members asked questions and provided comment. Director Gato, Public Works Director, Mike Roberts, and City Manager, Dante Hall, provided a response. No action was taken on this item.
4. 22-700 “Small Business Saturday” Extension of Yiftee Digital Gift Card Program RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving the third amendment to the Yiftee Digital Gift Card program to add an additional $25,000 for this contract, funded by the General Fund, and authorize the City Manager to execute all related documents that are substantially similar to the approved draft.
Staff Report - Yiftee Small Business Saturday Program
Attach 1 - Resolution
Attach 2 - Draft Amendment No. 3 to the Original Agreement Attach 3 - Original Agreement
Attach 4 - Amendment No. 1 to Original Agreement
Attach 5 - Amendment No. 2 to Original Agreement
Attachments:
Community Development Director, Tim Rood, Introduced and presented
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the item. No public comment. Council Members provided comment.
Action was taken on this item.
MOTION: A motion was made by Council Member Bailey, seconded by Council Member Kelley, to adopt Resolution 23-062. 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 -
5. 22-701 Proposed Amendments to Existing Lease Between City of Hercules and Lotus Organic LLC of Property Located at 1991 Railroad Avenue -Leila’s By The Bay
RECOMMENDATION:
City Council adopt a resolution authorizing the City Manager to enter into an amendment to the existing lease between City of Hercules and Lotus Organic LLC for operation of a restaurant located at 1991 Railroad Avenue -Leila’s By The Bay
Staff Report - Leila's 1991 RR Ave proposed Lease Amendment Attach 1 - Resolution Authorizing City Manager to execute amendments to lease for 1991 Railroad Avenue
Attach 2 - Lease Amendment Leila's 1991 Railroad 23107
Attach 3 - 1991 Lease and LOU documents
Attachments:
City Attorney, Patrick Tang, introduced and presented the item. No public comment. Council 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 23-063. 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
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 Manager, Dante Hall, invited Parks & Recreation Director, Christopher Roke, to the podium to promote upcoming Christmas events.
City Attorney, Patrick Tang, had no announcements.
1. Regional Committees
Council Member Kelley provided a CCTA update on programs and tours she attended. Council Member Grimsley and Council Bailey attended the WestCat meeting and reported out that they have surplus. Vice Mayor Romero reported out that the West County Integrated Waste Management meeting was cancelled. Mayor Walker-Griffin 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 events that they attended through out the City and County, including Trunk or Treat, Hercules Library events and Youth and Government Day.
Future Agenda Items-
There were no requests for future agenda items.
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XVI. ADJOURNMENT
Mayor Walker-Griffin adjourned the meeting at 9:49 p.m. _________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk
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