IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING
PARTICIPATION
Due to concerns with security of the Zoom format, effective October 10, 2023, Remote Public Comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
How to Participate:
IN PERSON: Members of the public are invited to attend and participate in Person: City of Hercules Council Chambers, 111 Civic Drive, Hercules, CA. Fill out a public speaker card located on the side table and submit it to the City Clerk.
VIA ZOOM: At this time remote public comment is suspended and will not be accepted. To watch and listen only: Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833.
Zoom Webinar ID: 899 9112 4251 Zoom Passcode: 718970
EMAIL: Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council before the meeting,
2. posted online for public inspection and
3. inserted into the meeting record.
As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.
1 Tuesday, December 12, 2023
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
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
Meeting Agenda
In-Person in Council Chambers or To Watch or Listen only:
Zoom ID: 899 9112 4251
Zoom Passcode: 718970
Zoom Phone Number: 1-669-900-6833
2 December 12, 2023City Council Meeting Agenda
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. CLOSED SESSION – CALL TO ORDER - ROLL CALL - NONE
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION - NONE
The Hercules City Council will meet in Closed Session regarding the following:
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.
V. REPORT ON ACTION TAKEN IN CLOSED SESSION - NO CLOSED SESSION VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
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
3 December 12, 2023City Council Meeting Agenda
XII. CONSENT CALENDAR
1. 22-721 Meeting Minutes for the Special Meeting of November 14, 2023 Meeting Minutes for the Special Meeting of November 14, 2023Attachments:
2. 22-722 Annual Local Commission Appointment List
RECOMMENDATION:
Review and receive the Annual Local Commission Appointment List commonly referred to as the Maddy Act.
Staff Report - Maddy Act
Attach - 2023 Maddy Act
Attachments:
XIII CITY COUNCIL REORGANIZATION
1. 22-720 Proclamation Commending the Dedication and Leadership of Mayor Alex Walker-Griffin to the Hercules Community
Proclamation For Mayor Alex Walker-Griffin 2023Attachments:
2. 22-719 Selection of Mayor and Vice Mayor
RECOMMENDATION:
City Council to Nominate and Appoint a Mayor and Vice-Mayor Staff Report - Selection of Mayor and Vice Mayor
Attach 1 - Council Rules of Procedure - Amended by Res No. 18-017 041018 Attachments:
XIV. DISCUSSION AND/OR ACTION ITEMS
1. 22-723 Quarterly Review of Future Agenda Items List
RECOMMENDATION:
Staff recommends that the City Council receive the staff report on the quarterly review of future City Council agenda items and provide comments Staff Report - Quarterly Review of Future Agenda Items
Attach 1 - Future Agenda Items List
Attachments:
2. 22-724 City Council Regular Meeting Dates for 2024
RECOMMENDATION:
Review the schedule of City Council Regular Meeting Dates in 2024 and consider canceling one or more regular meetings in August.
Staff Report - Meeting Schedule 2024
Attach - 2024 Meeting Calendar
Attachments:
4 December 12, 2023City Council Meeting Agenda
XV. PUBLIC COMMUNICATIONS
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.
XVI. 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 Committee
2. City Council Committees and Subcommittees
3. Commission Liaisons
XVII. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, January 9, 2024 at 7:00p.m. in the Council Chambers.
Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.
Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the City Clerk at (510) 799-8200 (Posted: December 7, 2024)
INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING
COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.
5 December 12, 2023City Council Meeting Agenda
How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.
Via Zoom: At this time remote public comment is suspended and will not be accepted. To watch and listen only Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782.
Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.
Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8208 no later than 3:00 p.m. on the meeting date.
If you need assistance with public comment, please contact: Eibleis Melendez City Clerk at [email protected] or by calling (510) 799-8208.
All public comments will become part of the official meeting record. As email containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting.
OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m.
Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.
Video Streamed Live on the City’s Website:
To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.
Instructions to view Live or On-Demand Videos from the City’s website:
1. Go to: Hercules Meeting Videos or https://hercules.legistar.com/calendar.aspx.
2. Locate the desired meeting and date.
3. Click the associated “Video” link (Video status is as follows):
Video = Video is available for on demand viewing.
In Progress = Video is available for viewing during live recording.
Not Available = Video is either unavailable or has not been recorded.
6 December 12, 2023City Council Meeting Agenda
THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,
PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS
1. SPECIAL ACCOMMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8208 at least 48 hours prior to the meeting.
2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments during the Public Communication period of the meeting.
3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, and on the City’s website (www.ci.hercules.ca.us),
4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.
Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.
In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.
Anyone may also submit written comments at any time before or during the meeting.
5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.
6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.
7 C
ONSENT CALENDAR
AGENDA ITEMS
1. 22-721
2. 22-722
8 111 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
22-721
9 November 14, 2023City Council Meeting Minutes
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.
10 November 14, 2023City Council Meeting Minutes
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.
11 November 14, 2023City Council Meeting Minutes
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
12 November 14, 2023City Council Meeting Minutes
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:
13 November 14, 2023City Council Meeting Minutes
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
14 November 14, 2023City Council Meeting Minutes
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
15 November 14, 2023City Council Meeting Minutes
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.
16 November 14, 2023City Council Meeting Minutes
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.
17 November 14, 2023City Council Meeting Minutes
XVI. ADJOURNMENT
Mayor Walker-Griffin adjourned the meeting at 9:49 p.m. _________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk
18 CO
NSENT CALENDAR
AGENDA ITEM
2. 22-722
19 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of December 12, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: Annual Local Commission Appointment List
RECOMMENDED ACTION:
Review and receive the Annual Local Commission Appointment List commonly referred to as the Maddy Act.
BACKGROUND:
Government Code Section 54972 requires the legislative body to annually, on or before December 31, prepare and post a list of “all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency, with the name of the incumbent appointee, the date of appointment, the date the term expires and the necessary qualifications for the position.” The list is attached for your review and information.
The City Council conducted a Special Meeting on November 14, 202 3 to interview applicants which applied to the City’s Boards and Commissions and at this meeting made appointments to the Planning Commission, Finance Commission, Community and Library Services Commission , Contra Costa County Library Commission, Contra Costa Transportation Advisory (CCTA) Citizens Advisory Committee and Contra Costa Mosquito & Vector Control Board.
The attached City of Hercules Appointment List will reflect the new appointments made by City Council at the Special City Council meeting held on November 14, 2023 and will be posted pursuant to GC section 54972 on or before December 31, 2023.
The attached Appointment List will be posted on bulletin boards located at City Hall and the Community Center as required by law. In addition, the appointment list will be posted on the City website.
22-722
20 FISCAL IMPACT OF RECOMMENDATION:
There is no fiscal impact associated with this item
ATTACHMENTS:
1. City of Hercules Appointment List
21 Revised 11/29/2023
CITY OF HERCULES APPOINTMENT LIST
December 12, 2023
FINANCE COMMISSION COMMUNITY & LIBRARY SERVICES
COMMISSION PLANNING COMMISSION
Meets Bi-monthly on the 3rd Wednesday
at 7:00 p.m. in the Council Chambers
Staff: Edwin Gato
Meet the 2nd Monday of every month at 7:00
p.m., in the Council Chambers
Staff: Christopher Roke
Meet the 1st and 3rd Mondays of every
month at 7:00 p.m., in the Council
Chambers Staff: Tim Rood
Esselsagoe, Dennis
Appointed: 01/11/2022
Reappointed: 11/14/2023
12/31/2025
Chen, Han
Appointed: 04/01/2010
Reappointed: 11/09/2022
12/31/2024
Bhattarai, Dilli
Appointed: 11/09/2022
12/31/2024
Dhillon-Flanagan, Barinder
Appointed: 11/09/2022
12/31/2024
Yamamoto, D.
Appointed: 11/12/2019
Reappointed: 11/09/2022
12/31/2024
Morrison, Kenneth
Appointed: 03/26/2013
Reappointed: 11/09/2022
12/31/2024
Kingwood, Terrell
Appointed: 08/09/2022
12/31/2023
Campbell-Miller, Brian
Appointed: 4/10/2013
Reappointed: 11/09/2022
12/31/2024
Rubio, Hector
Appointed: 04/15/2015
Reappointed: 11/14/2023
12/31/2025
Ulle, Edward
Appointed: 11/12/2019
Reappointed: 11/09/2022
12/31/2024
Ward-Jackson, Evangelia
Appointed 05/15/2015
Reappointed: 11/14/2023
12/31/2025
Schaufenbil, Robert
Appointed: 11/19/2020
Reappointed: 11/14/2023
12/31/2025
Vacancy Student Commissioner
Hernandez, Monique
Appointed: 08/08/2023
Reappointed: 11/14/2023
12/31/2024
Most- Walker, Carol
Appointed: 11/09/2022
12/31/2024
APPOINTMENTS THE CITY COUNCIL MAKES TO OUTSIDE AGENCIES
CONTRA COSTA COUNTY COUNCIL ON AGING
Doran, Jennifer
Appointed: 01/10/2017
Reappointed: 11/9/2022
Term Expires: 12/31/2024
CONTRA COSTA COUNTY LIBRARY COMMISSION
Rennie, Donna (Primary) Marcotte, Jo Ellen (Alternate) Apponited:11/14/2023 Appointed: 11/14/2023
Term Expires: 12/31/2027 Term Expires: 12/31/2027
CCTA CITIZENS ADVISORY COMMITTEE (CAC)
Esselsagoe, Dennis
Appointed: 11/14/2023
Term Expires: 12/31/2027
CONTRA COSTA MOSQUITO AND VECTOR CONTROL BOARD
Wong, Damian
Appointed: 01/11/2022
Reappointed: 11/14/2023
Term Expires:12/31/2025
In compliance with the requirements of the Maddy Act, Government Code 54970, the following commission, boards, and committee appointment list is posted on an annual basis by December 31. It shows all current members of commissions, boards and committees and the dates of their terms of office as of the time of this posting. Commissioners must be 18 years of age or older and residents of the City unless otherwise stated.
NOTE: The names on this list are subject to change based on term expirations and resignations that occur during the year. For a current list of members, please refer to the Commission Pages on the City’s website or call the City Clerk’s Office at 799-8208. 22 CITY COUNCIL REORGANIZATION
AGENDA ITEMS
1. 22-720
2. 22-719
23 PROCLAMATION
COMMENDING THE DEDICATION AND LEADERSHIP OF MAYOR
ALEX WALKER-GRIFFIN TO THE HERCULES COMMUNITY
WHEREAS, Alex Walker-Griffin was first elected to the Hercules City Council in November 2020; and
WHEREAS, in December 2021, Councilmember Walker-Griffin was appointed to serve as Vice- Mayor as part of the annual City Council reorganization; and WHEREAS, in December 2022, Vice Mayor Walker-Griffin was appointed to serve as Mayor as part of the annual City Council reorganization; and
WHEREAS, during his tenure, Mayor Walker-Griffin has proudly represented Hercules at meetings of the Contra Costa Mayor’s Conference and is a member of the West County Mayors and Supervisors’ Association; he has built national and international relations with Mayors across the country and the globe; and
WHEREAS, under Mayor Walker -Griffin’s leadership, the City Council ’s accomplishments include continued financial sustainability delivering a balanced budg et as well as a projected budget surplus; in an ongoing effort to move the Waterfront Master Plan forward, he has diligently worked with local, regional, state and federal partners to identify strategies to secure future funding; he traveled to Washington DC where he attended a White House dinner to help promote the City and the Hercules Hub; in an effort to improve the cities infrastructure, he approved and supported paving projects like the Willow/ Palm Sidewalk Connector Project and the Sycamore Avenue Paving Project; Mayor Walker-Griffin has continued to support the Parks and Facilities Master Plan which will provide a long range strategy to not only maintain, but prioritize park improvements and enhance facilities in a way that is fiscally responsible a nd sustainable for the future of the City of Hercules; he supported the Cities All Abilities Swing which provided inclusiveness to all users in our Cities park system; in his commitment to get youth involved and play an active role in local government, he supported and participated in the Youth and Government Day, Mayor for Day and other local City and school youth programs; other programs approved under his leadership include the request to join Marin Clean Energy(MCE) which would provide the residents of Hercules an alternative choice to energy procurement, he voted to authorize Staff to accept the Senior Nutrition Infrastructure grant program which would enhance and improve senior nutrition services at the Hercules Senior Center, and he voted to approve the Business Attraction Grant Program.; and WHEREAS, Mayor Walker-Griffin is a strong believer in community outreach and open communication; he spoke at the first annual State of the City which was held at the Hercules Community Center; he used the Mayors Minute and social media pages like, Facebook, Nextdoor and Instagram, as a tool to connect with the community; he is actively involved in supporting local organizations and community events; he approved funding to support the Cities 4th of July Fireworks Celebration and the return of the Cultural Festival as well as other events like, the first Senior Health Fair, National Night Out, Hercules Trunk or Treat, the Holiday Tree Lighting, and Movies in the Park; and
WHEREAS, Mayor Walker-Griffin’s leadership and service have contributed to an enhanced reputation for the City of Hercules throughout the region and the continued support of our residents for City programs and activities due to the City Council’s commitment to transparency and open government.
NOW THEREFORE BE IT PROCLAIMED that I, Dan Romero, Vice Mayor of the City of Hercules, on behalf of the entire City Council, do hereby commend Alex Walker-Griffin for his leadership as Mayor and acknowledge his dedication to the Hercules community.
In witness whereof, I hereunto set my hand and cause the seal of the City of Hercules to be affixed this 12th day of December 2023.
Dan Romero, Vice Mayor
22-720
24 CI
TY COUNCIL REORGANIZATION
AGENDA ITEM
2. 22-719
25 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of December 12, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: Selection of Mayor and Vice Mayor
RECOMMENDED ACTION:
City Council to Nominate and Appoint a Mayor and Vice-Mayor.
BACKGROUND:
Section 4.8 of the Council Rules of Procedure provides for the procedure of selecting the Mayor and Vice-Mayor.
4.8 City Council Leadership and Expectations: It is the policy and practice of the City Council that each year the City Council shall select a Mayor and Vice Mayor. For every election cycle, the City Council Members receiving the highest and the second highest number of votes will be identified. These City Council Members shall be selected by the City Council to rotate into the position of Mayor during the third and fourth year of their terms respectively. The Council Member rece iving the highest number of votes shall serve as Mayor during the third year of his/her term and the Council Member receiving the second highest number of votes shall serve in the fourth year of his/her term. The herein selection process shall be followed in all instances unless a Council Member is denied the honor of serving as Mayor or Vice Mayor pursuant to subsection 4.8.4.
The two highest vote getters in the 2018 Election were Chris Kelley with 5,152 votes and Dion Bailey with 3,739 votes.
The two highest vote getters in the 2020 Election were Alex Walker-Griffin with 6,172 votes and Dan Romero with 5,824 votes.
The two highest vote getters in the 2022 Election were Dion Bailey with 5,784 votes and Chris Kelley with 4,246 votes.
22-719
26 FISCAL IMPACT OF RECOMMENDATION:
There is no fiscal impact associated with this item.
ATTACHMENTS:
1. Council Rules of Procedure
27 1
CITY COUNCIL RULES OF PROCEDURE
TABLE OF CONTENTS
1. Authority
2. General Rules
3. Types of Meetings
4. Chairperson and Duties
5. Order of Business and Agenda
6. Ordinances
7. Creation of Committees, Boards and Commissions
8. Citizens’ Rights
9. Regional Appointments
10. Amendments
11. Rules of Conduct
12. Legislative Process and Taking Positions
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COUNCIL RULES OF PROCEDURE
HISTORY OF ADOPTION AND AMENDMENTS
Resolution No. Date Amendment
Resolution No. 17-068 9/26/17 Adoption of Rules after Review of all Sections
Resolution No. 18-004 1/23/18 Amendment to Section 3.7
Resolution No. 18-017 4/10/18 Added Section 12
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1. Authority
1.1 General Law City: General Law of the State of California provides that the City of Hercules City Council may determine its own rules of procedure. The following set of rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules adopted in the manner provided by these rules.
1.1 Related Documents: This procedures manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of a city council. Many other laws, policies, plans, and documents exist which guide the City Council. Related documents:
1.2.1 Hercules Municipal Code
1.2.2 Hercules Conflict of Interest Resolution
1.2.3 Hercules Ethics Policy Resolution
1.2.4 Hercules Anti-Nepotism Ordinance
1.2.5 Hercules Zoning Ordinance
1.2.6 Hercules General Plan and Specific Plans
1.2.7 California Constitution and Laws
1.2.8 California Open Meeting Laws (The Ralph M. Brown Act)
1.2.9 California Political Reform Act
1.2.10 United States Constitution and Laws
2. General Rules
2.1 Meetings to be Public : All official meetings of the Council shall be open to the public, except where State or local l aw allows Closed Sessions for certain limited topics. The minutes from open session shall be open to public inspection in accordance with the provisions of the State of California Open Meetings Law (Ralph M. Brown Act). Recordings of City Council Meetings shall be retained as per the requirements of the City’s adopted Retention Schedule.
2.2. Quorum : Three members of the Council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.
2.3 Compelling Attendance : City Councilmembers are expected to attend all scheduled meetings. If absence is unavoidable, the City Manager, City Clerk, or Mayor shall be notified.
2.4 Teleconferencing: Pursuant to the Ralph M. Brown Act provisions pertaining to meeting requirements as amended from time to time, remote attendance may be allowed in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by roll call. At least a quorum of the Council must participate from teleconferencing locations within the city’s jurisdiction. Each teleconference location must be identified in the notice and agenda of the meeting. Agendas must be posted at 30 4
each teleconference location, and each location must be accessible to the public. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.
2.5 Council Meeting Minutes: Minutes of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constituting part of the official record of the Council.
2.6 Ordinances: An ordinance is limited to one topic, which shall be clearly stated in its title, except for an appropriations ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinances.
2.7 City Manager: The City Manager shall attend all meetings of the Council unless excused by the Mayor with the consent of the Council. The City Manager shall designate at his/her discretion, staff representatives to Subcommittees and Commission meetings.
2.8 City Attorney: The City Attorney shall attend all regular mee tings of the Council unless excused by the Mayor with the consent of the Council and shall attend special meetings and Council workshops upon request. The City Attorney shall also attend meetings of the City Commissions at the request of the City Council or on an as -needed basis. The City Attorney shall act as the Council’s parliamentarian.
The City Attorney shall render legal opinions, either written or oral, on questions of law.
Individual members of the City Council may consult with the City Attorney regarding legal issues pertaining to City business, and may request written legal advice regarding a potential conflict of interest which may affect that council member’s ability to participate in an upcoming decision.
All City Attorney responses to council member legal inquiries requiring a substantial commitment of City Attorney time must be provided in writing to all members of the City Council. A ll staff legal inquiries requiring a substantial commitment of City Attorney time must be authorized by the City Manager.
The City Attorney should do no work on a policy proposal from one or more members of the Council that would require a substantial commitment of City Attorney time when the consideration of such a proposal has not been discussed by the full Council.
2.9 City Clerk : The City Clerk or his/her delegate shall attend all meetings of the Council unless excused by the City Manager and shall keep the official minutes and perform such other duties as may be requested by the Council.
2.10 Officers and Employees: Department Directors of the City, when there is pertinent business from their departments on the Council agenda, shall attend such Council meetings upon direction from the City Manager.
2.11 Rules of Order: The latest authorized edition of “Roberts Rules of Order” shall be adopted and govern the proceedings of Council Meetings where they are not in conflict with these rules. 31 5
2.12 Rules of Debate:
2.12.1 Mayor May Debate: The Mayor may debate from the chair, subject only to such limitations of debate as are imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of that person serving as Mayor.
2.12.2 Getting the Floor - Improper References to be avoided : A member desi ring to speak shall address the Chair, who is in most instances the Mayor, and upon recognition by the presiding officer, shall confine comments to the question under debate. Subject to the discretion of the Chair, the order for Council comment is for the Council Members to be recognized first, followed by the Vice Mayor, and lastly, the Mayor.
2.12.3 Interruptions : A member, once recognized by the chair, shall not be interrupted when speaking unless it is to call a member to order, or as herein otherwise provided. If a member, while speaking, were called to order, that member shall cease speaking until the question of order is determined, and, if in order, the member shall be permitted to proceed.
2.12.4 Motion to Reconsider: A motion to reconsider any action taken by the Council may be made either during the same session, or at a recessed or adjourned session thereof. Such motion must be made and seconded by one of the prevailing sides, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable.
Nothing herein shall be construed to prevent the Council or the City Manager or City Attorney from reconsidering at a subsequent meeting an action previously taken by the Council, upon a showing of changed circumstances or on the basis of new information, as long as the matter is properly agendized for discussion.
3. Types of Meetings
3.1 Regular Meeting : The Council shall meet in the Council Chambers for Regular and Adjourned meetings. Regular Council Meetings are to commence at 7:00 p.m., on the second and fourth Tuesday of each month, unless otherwise specified at least two (2) weeks in advance.
No Council meeting will be held in the event that a regular meeting of the Council falls on a City observed/recognized holiday.
3.2 Special Meetings: Special meetings may be called by the Mayor or by a majority of the members of the Council. The call for a special meeting shall be filed with the City Clerk in written form, which should be si gned by the Mayor or those members calling for a special meeting except that an announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting, shall list the subject or subjects to be considered, and shall be delivered to each member of the Council, to each media outlet requesting notice, and posted on the City’s local Internet Web site. It is the policy of the City of Hercules that when possible, 72 hour notice be provided for special 32 6
meetings but in no event shall notice be less than 24 hours. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or an incident thereto.
3.3 Emergency Meetings: An emergency meeting may be called pursuant to the requirements of the Brown Act as amended from time to time, when a majority of the legislative body determines that an emergency situation exists. At least one hour prior to the meeting, telephonic notice must be provided to all Council Members as well as all media outlets, which have requested that they receive notice of special meetings called pursuant to Government Code Section 54956.5, except in the case of a “dire emergency” as defined in California Government Code Sec. 54956.5(a)(2).
Emergency meetings may be held in closed session as the Government Code allows.
3.4 Adjourned Meetings: Any meeting of the Council may be adj ourned to a later date and time, provided that no adjournment shall be for a longer period than until the next Regular Meeting.
3.5 Workshops : The Council may meet informally in Workshops (open to the public), at the call of the Mayor or a majority of th e Council. Any workshop shall be noticed and conducted in the same manner as a R egular Council meeting. A workshop is for discussion only; no action can be taken by the Council.
3.6 Closed Sessions: Closed Sessions or closed meetings may only be held in ac cordance with the exceptions to open meeting requirements contained in the provisions of the Ralph M. Brown Act. Topics that may be discussed include: (1) personnel matters, (2) c onsideration of price and terms of payment related to the acquisition of property for public purposes or the sale or lease of public property, (3) potential or pending litigation in which the City has an interest.
3.7 Adjournment of Meetings: All regular City Council Meetings shall end no later than 11:30 p.m. with no new business beginning after 11:00 p.m. except that Future Agenda Item requests may be made and discussed after 11:00 p.m. An Agenda item which has commenced consideration before 11:00 p.m. shall be completed prior to adjournment. Upon completion of that item, the meeting shall be adjourned. Any matter appearing on the Agenda of a meeting which is adjourned prior to being considered will be placed on the Agenda of the next regular meeting.
4. Chairperson and Duties
4.1 Chairperson: The Chair of City Council meetings shall be the Mayor and in his/her absence, the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the Council Member with seniority based on continuous service shall act as the temporary Chair. City Council S ub- committees and Commissions shall elect a Chair and Vice Chair annually.
4.2 Call to Order : The Mayor shall call the meetings of the Council to order or by the Vice Mayor in his/her absence. In the absence of both, the senior Council Member based on continuous service who shall act as the temporary Chair shall call the meeting to order.
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4.3 Preservation of Order : The Mayor shall preserve order and decorum among Council Members; prevent attacks on personalities or the impugning of members’ motives, and confine members in debate to the question under discussion.
4.4 Points of Order: By tradition, the Mayor speaks last during discussion of an agenda item.
The Mayor shall determine all points of order, subject to the right of any member to request a vote of the entire City Council on the questions whether the determination of the Mayor should be sustained.
4.5 Questions to be stated: The Mayor shall re- state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member.
4.6 Substitution for Chairperson: The Mayor may call on the Vice Mayor to temporarily chair the meeting to cover a temporary absence. Such substitution should not continue beyond adjournment.
4.7 Rights of Council to Discipline: A deliberate bod y has the inherent right to make and enforce its own rules and laws , including rules providing for the discipline of a member of the deliberative body.
The City Council shall have a right to discipline, admonish, and censure a member where a standard majority of the Council finds that actions of a member are detrimental to the City of Hercules. Such discipline, after the Council duly notices and publicly conducts a hearing, can include admonishment and in more serious cases, public censure. As a rule, the City Council has no right to go beyond what is necessary for its self-protection.
4.8 City Council Leadership and Expectations : It is the policy and practice of the City Council that each year the City Council shall select a Mayor and Vice Mayor. For every election cycle, the City Council Members receiving the highest and the second highest number of votes will be identified. These City Council Members shall be selected by the City Council to rotate into the position of Mayor during the third and fourth year of their terms respectively. The Council Member receiving the highest number of votes shall serve as Mayor during the third year of his/her term and the Council Member receiving the second highest number of votes shall serve in the fourth year of his/her term. The herein selection process shall be followed in all instances unless a Council Member is denied the honor of serving as Mayor or Vice Mayor pursuant to subsection 4.8.4.
4.8.1 Inability to Serve as Mayor or Vice Mayor: In the event of a death or removal from office, the City Council shall determine who shall serve as the Mayor or Vice Mayor for the term vacated based upon the rotation described in 4.8 above.
4.8.2 Appointment of Vice Mayor to Mayor: Upon completion of term as Vice Mayor, City Council shall appoint the Vice Mayor as Mayor for a term of one (1) year.
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4.8.3 Declining Position of Mayor or Vice Mayor : If a Council Member declines to accept the position of Mayor or Vice Mayor pursuant to the selection process in this Section
4.8, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council. A Council Member nominated by this process must receive confirmation by a majority of the Council Members to serve in the capacity of Mayor or Vice Mayor.
4.8.4 Vote of No Confidence: A Council Member may be denied the honor of serving as Mayor or Vice Mayor by the Council upon a unanimous vote of no confidence by the rest of the Council based on a serious offense or violation of the law that reflects negatively on t he City and its residents.
4.8.5 Mayor’s Duties: The Mayor shall be the official head of the City for all ceremonial purposes and shall be the presiding officer at City Council meetings. The Mayor shall assume his/her duties immediately upon the election of the City Council officers at the City Council’s reorganization meeting
4.8.6 Mayor’s Powers: In presiding at a City Council meeting, the Mayor shall facilitate and guide the meeting, preserve order and decorum, and ensure that the meeting runs smoothly, fairly and in accordance with these Rules and Procedures. The Mayor shall exercise the power to limit the time of any person speaking from the floor consistent with the Council’s Rules, state questions coming before the City Council, announce its decisi on on all subjects and decide all questions of order, subject, however, to an appeal to the City Council, as a whole. In the event of an appeal to the City Council as a whole, a majority vote shall govern and conclusively determine questions of order. The Mayor may make motions, vote or abstain on all motions. The Mayor, or if the Mayor is unavailable, the Vice -Mayor, shall sign all ordinances, resolutions and other documents adopted and approved by the City Council, unless the City Council designates other wise. Traditionally, the Mayor has also been assigned by the City Council to consult and coordinate with the City Manager in the development of agendas for meetings of the City Council. The scope of such review focuses on the timing of business items and the volume of business that can be considered at any one meeting. Such review does not allow for a unilateral unlimited delay of items to be considered by the Council or the introduction of new items not otherwise part of the Council’s identified priorities or staff’s work plan. The staff maintains a “tentative” Council Calendar that identifies when matters will likely be considered at future meetings.
5. Order of Business and Agenda
5.1 Order of Business : Shall be as in the agenda prepared by City Cler k, in substantial compliance with the following forms:
CITY COUNCIL AGENDA
I. CLOSED SESSION– CALL TO ORDER – ROLL CALL
II. PUBLIC COMMUNICATIONS – CLOSED SESSION AGENDA ITEMS 35 9
III. CONVENE INTO CLOSED SESSION
IV. REGULAR MEETING - RECONVENE TO OPEN SESSION – ROLL CALL
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
XI. PUBLIC HEARINGS
XII. C ONSENT CALENDAR
XIII. DISCUSSION AND/OR ACTION ITEMS
XIV. PUBLIC COMMUNICATIONS
XV. CITY COUNCIL AND CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE
REPORTS, AND FUTURE AGENDA ITEMS
XVI. ADJOURNMENT
5.2 Agenda : The City Clerk shall as contained in the Agenda prepare the order of business of each meeting. The Agenda shall be a listing by topic of subjects to be considered by the Council, and shall be delivered to members of the Council prior to the meeting to which it pertains, and within the time frame established by the Brown Act.
An item may be placed on a Council meeting agenda by any of the following methods:
(1) A Council Member may request an item be considered on a future agenda and, upon agreement of a majority of the Council, staff will prepare a staff report if formal Council action is required. Council Members may make this request during a meeting under Section XV. The process involves two steps: initial consideration of the request by the full Council and, if a majority agrees, the matter is then scheduled for further consideration on an upcoming meeting agenda, or placed on the Council’s pending items list with no specific date set.
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(2) By the City Manager
(3) By the City Attorney
The Agenda Committee composed of the Mayor, City Manager, City Attorney, and City Clerk shall meet bi-weekly to plan the scheduling and order of the agenda for future Council meetings.
5.3 Presentation by Members of Council : The Council shall have time to deliberate when the Mayor or any Council Member brings before the Council any business that he/she feels is appropriate for Council deliberation. These matters need not be specifically listed on the Agenda, but formal action on such matters shall be deferred until a subsequent Council meeting.
Immediate action may be taken upon determination by a majority vote of the Council if the issue qualifies as an “emergency situation” as defined in the Ralph M. Brown Act.
5.4 Process for Addressing Agenda Action Items before the City Council
• Mayor reads the agenda item
• Staff presents their report
• Council questions staff
• Public Comments are heard (if a public hearing is required, the public hearing will be opened, public comments taken, and the public hearing closed.) • Council discusses item
• A motion is made and seconded
• Final Council discussion
• Council votes or provides direction to staff
5.5 Reading of Minutes : Minutes belong to the City Council/Board of Directors. Unless a member of the Council requests a reading of the minutes of a Council meeting, such minutes may be approved without reading if the City Clerk previously furnished each member with a copy thereof. On Consent Calendar, approval of minutes shall be by a standard majority vote and items can be pulled for discussion and reinserted or pulled for discussion and a separate vote taken.
5.6 Process for Requesting Changes to the Minutes: Requests for non- material changes and challenges to material points should be directed to the City Manager or appropriate staff after the minutes have been pulled for discussion pursuant to Section 5.5. Challenges to material points should be presented to the City Manager and the City Clerk shall review the recording of the meeting in question prior to the next r egularly scheduled meeting where the results of the review will be reported by the City Manager. Action items cannot be rescinded, but can be pulled at the meeting for further discussion and direction.
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6. Ordinances
6.1 Effective Date:
Pursuant to California Government Code Sec. 36937, ordinances take effect 30 days after their final passage. An ordinance takes effect immediately, if it is an ordinance:
(a) Relating to an election.
(b) For the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the council.
(c) Relating to street improvement proceedings.
(d) Related to taxes for the usual and current expenses of the city.
(e) Covered by particular provisions of law prescribing the manner of its passage and adoption.
6.2 Reading by Title Only : Upon being introduced, each proposed ordinance shall be read by title only, with further reading waived unless any member of the Council request s a full reading of the ordinance.
6.3 Majority Vote Required : Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the Council, pursuant to Government Code Section 36936. A motion, or any other proposition may be adopted by a majority voting on the issue except as otherwise specified by City Ordinance or State Statutes. When any vote is called, each Council Member shall respond “yes (aye),” “no”, “abstain”, or “pass”. Any Council Member who responds, “pass” will be given the opportunity at the end of the roll call to change their vote. Any “pass” response not changed shall be recorded as an abstention. A Council Member shall recuse himself or herself from a vote if required to do so by State conflict of interest laws, pursuant to the process provided under state law.
6.4 Requests for Preparation of Ordinances or Issuance of Legal Opinions: Any member of the City Council, with the approval of a majority of the Council, may request the City Manager to place the proposed adoption of an ordinance or resolution on the City Council agenda for discussion purposes. The City Attorney shall review proposed ordinances and resolutions for form and provide legal advice prior to and during discussion, consideration, and adoption by the City Council.
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All ordinances and resolutions prepared by the City Attorney shall be provided to the City Manager, who shall distribute them to all members of the City Council so that they may be fully informed of the status of City affairs.
7. Creation of Committees, Boards and Commissions
7.1 Citizen Committees, Boards and Commissions : The Council may create committees, boards, sub- committees and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify which are consistent with the City Code.
7.2 Membership and Selections: Membership and selection of members shall be as provided by the Council if not specified by the City Code. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council. No committee so appointed shall have powers other than advisory to t he Council or to the City Manager, except as otherwise specified by the City Code.
7.3 Removal of Members of Boards and Commissions : The Council may remove any member of any board or commission which it has created or as created by the City Code by a vote of at least a majority of the Council.
7.4 Subc ommittees - Operation of City Council Subc ommittees: The City Council shall utilize the subcommittee process to assist the work of staff and to conduct preliminary policy evaluation for purpose of recommendation to the full City Council. Such subc ommittee shall have no authority to resolve and act on policy issues and shall not act as a committee of the whole Council. With the exception of urgency items and personnel issues, notice of a scheduled subcommittee meeting shall be posted not less than 72 hours prior to the scheduled subcommittee meeting. Such notice shall include the date, time, location and item to be discussed. In addition, the subc ommittee shall cause a summary of the discussion held to be provided to all Council Members and appropriate staff. Any formal recommendation of the subcommittee to the full Council shall be in writing. A Council subcommittee is considered a standing committee subject to open meeting requirements, unless it meets the “ad hoc committee” exception under the Brown Act.
8. Citizens’ Rights
8.1 Public Comment: Any person desiring to address the Council, Commission, Subcommittee or other dul y established body shall first present a speaker's card to the Chair and shal l be recognized by the Chair. No person, other than members of the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked the Council Members, except through the Mayor or presiding officer.
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8.2 Time Limits on Speakers: Disruptive Conduct: The Mayor or presiding officer may establish reasonable limits on the amount of time allocated for public comment on particular issues and for each i ndividual speaker. In addition, the Mayor or presiding officer may rule a speaker to be out of order if that speaker engages in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of City Council business by, among other things: a) uttering threatening or abusive language , b) speaking in excess of the time limits established by the Mayor or presiding officer, or c) repeatedly attempting to enter into discussion with staff, Council Members, or other members of the public.
8.3 Written Communications: Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City’s business or over which the Council has control at any time by direct mail, email, or by addressing the City Clerk, who will distribute copies to the Council Members.
9. Regional Appointments
9.1 Appointments to Regional Committees: In December of each year, the Mayor shall review the appointments to all regional committees and make appointments, as necessary, at the Council’s first meeting in January of each year. The Mayor shall consult with members of the Council to discuss their availability to participate in various regional committees.
9.2 Appointments to City Subc ommittees: In December of each year, the Mayor shall review appointments to all City Council subcommittees and make appointments, as necessary, at the Council’s first meeting in January of each year. The Mayor shall consult with members of the Council to discuss their availability to participate in City Council subcommittees.
10. Amendments
10.1 Amendment of These Rules: These rules may be amended, or new rules adopted, by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting.
11. Rules of Conduct
11.1 Council M embers should be prepared for all meetings by reading and reviewing the material provided to them.
11.2 M embers of the City Council should be aware that all information covered in Closed Session is confidential and not for public discussion.
11.3 Council Members are encouraged to set up appointments with the City Manager, Department Heads and staff, if possible. The Non- Interference Clause, Section 2 -3.1-5 of the Municipal Code should always be considered when working with staff at City Hall.
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11.4 Council M embers conduct when attending meetings, as a representative of the City of Hercules, should always reflect the highest standards.
11.5 Members of the City Council should remember that they are representing the City of Hercules when attending events, not just themselves.
11.6 Council M embers should be cognizant of the funds allocated to them within the City’s budget and not use more than their allocated amount for trips and events so that other member’s allocations will not be impacted.
11.7 In addition to the Rules of Conduct herein, Council Members shall follow the requirements of City’s Ethics Policy, adopted May 28, 2013, as Re solution No. 13- 051, attached hereto and incorporated herein by reference.
12. Legislative Process and Taking Positions
12.1 Limitations on resources and staffing constrain the City’s level of involvement in state legislative matters, initiatives and ballot measures.
12.2 In consideration of the limitations on resources and staffing, the City Council shall not consider or take positions on legislation, ballot measures, or issues of interest or concern that would not result in a direct tangible benefit to Hercules.
12.3 The City Manager or City Attorney may identify legislation or issues of direct local importance, impact, or benefit, or where the City of Hercules taking a position would be inordinately influential such as when a local legislative repres entative is the author or co-author of a measure, which in his or her opinion necessitates or warrants the City taking a position. In these limited instances, the City Manager or City Attorney may author a letter to be signed by the Mayor or Vice Mayor, as appropriate. The City Council shall be copied on any correspondence initiated through this process.
12.4 Matters may still be considered by the City Council as a whole to express an official position of the City upon request of the City Manager or City Attorney or as part of the process for placing matters on the Council agenda by the City Council specified in Section 5.2.
12.5 Individual City Council members may author letters supporting or opposing legislation, ballot measures, initiatives, or other issues of interest using City letterhead in their individual capacity, in which case language must be included that clearly states the correspondence does not reflect the official position of the City or the City Council as a whole.
Attachments:
1. Resolution No. 13-051 Ethics Policy
41 DI
SCUSSION AND/OR ACTION
AGENDA ITEMS
1. 22-723
2. 22-724
42 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of December 12, 2023
TO: Mayor and Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Quarterly Review of Future Agenda Items
RECOMMENDED ACTION:
Staff recommends that the City Council receive the staff report on the quarterly review of future City Council agenda items and provide comments.
BACKGROUND:
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by the Brown Act to clarifying questions, brief announcements, or requests for additional information in connection with an item when it is discussed.
FISCAL IMPACT:
There is no direct fiscal impact associated with this report.
ATTACHMENTS:
1. Future Agenda Items List
22-723
43 Special Meeting Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 12/5/2023
Notice by 11/23/23
6pm Start
218 Hearing-Tabulate ballots, declare results and approve final Engineer's Report and proposed assessments(assuming favorable results, commencing FY 2024/25
Roberts X
City Manager Evaluation(Closed Session)
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 12/12/2023 Reorganization of Council Melendez X
Proclamation for Out Going Mayor Melendez X
Quarterly Review of Future Agenda Items Hall X
Maddy Act Melendez X
2024 Meeting Calendar Approval Melendez X
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 1/9/2024 Council Regional Appointments Melendez X
Parking Enforcement Officer Gato/Vasquez X
ROPS Gato X
Police Officer of the Year Vasquez X
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 1/23/2024 Development and Capital Project Update Rood/Roberts X Hilltown Entitlements/Infrastructure Financing Rood X
Preferred Parking District Victoria By the Bay Discussion Roberts X Annual Audit Results Gato X
Emergency Shelter Zoning Amendment Rood X
Hercules Historical Society Trailer Lease Tang X
Local Business Preference Tang X
Design Contract for PD Lobbies Safety Improvements Vasquez X Acceptance of Willow Avenue Sidewalk Project Roberts X
City Council Goal Setting Meeting Hall X
Design Contract for Library Leak Repair Roberts X
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 2/13/2024 Beechnut Park Conceptual Plan Roke X
Kristin Connelly- Clerk Recorder and Registar- Election update Melendez X Financing options for Parks Master Plan Gato
Financing options for Road Improvement Gato
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 2/27/2024 Sewer Fund Health Study Roberts X
City Branding Hall X
Parks System Masterplan Adoption Hall X
Tentative Future Agenda Items list
44 PLA Tang X
Fire House Roof Repairs Roberts X
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 3/12/2024 Housing Element Annual Progress Report Rood X General Plan Annual Progress Report Rood X
Smart Signals Project Review Roberts X
Willow Ave Lift Station Agreement Udpate Roberts X
MOU with Recyclmore(educational Outreach) SB1383 Roberts X Wildfire Prevention MOU Hall X
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 3/26/2024 Housing Element Adoption(tentative date) Rood X Solid Waste and Recycling Expenditure Plan Gato/Roberts X Solid Waste Draft Franchise Agreement Roberts X
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 4/9/2024
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 4/23/2024
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 5/14/2024
Scheduled Meeting
Date Item Staff Responsible Presentation Public Hearing Consent Discussion Only Discussion/Action 5/28/2024
45 46
DI
SCUSSION AND/OR ACTION
AGENDA ITEM
2. 22-724
47 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of December 12, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: City Council Regular Meeting Dates for 2024
RECOMMENDED ACTION:
Review the schedule of City Council Regular Meeting Dates in 2024 and consider canceling one or more regular meetings in August.
DISCUSSION:
The City Council traditionally takes a recess for one or two meetings in August of each year to allow for vacations, and generally cancels the second meetings in the months of November and December if they fall on holiday weeks.
August meetings are scheduled for August 13th and August 27th. The November 26th meeting is on Tuesday, the week of the Thanksgiving holiday. City Offices will be closed November 27th and November 28th. The December 24th meeting falls on the Christmas Holiday with City Offices closed December 20th through January 1st.
Attached is a 2024 Calendar showing all City Council and Commission meeting dates and dates when City Offices are closed due to holidays.
FISCAL IMPACT OF RECOMMENDATION:
There is no fiscal impact associated with this item.
ATTACHMENTS:
1. Calendar
22-724
48 January 2024
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
April 2024
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
July 2024
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
October 2024
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
February 2024
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29
May 2024
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
August 2024
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
November 2024
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
March 2024
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 June 2024
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 September 2024
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
December 2024
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
2024
City of Hercules Meeting
Schedule
January
1: New Year's Day
15: Martin Luther King Day
February
19: Presidents Day
May
27: Memorial Day
June
19: Juneteenth
July
4: Independence Day
September
2: Labor Day
November
11: Veterans' Day
28: Thanksgiving
27: Day After Thanksgiving (observed on
Wednesday)
December
24: Christmas Eve
25: Christmas Day
City Offices are open Monday-Thursday.
Dates noted in red are dates offices
are closed.
Regular City Meetings
City Council
Community & Library Services
Commission
Finance Commission
Planning Commission
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