111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dan Romero
Vice Mayor Dion Bailey
Council Member Alex Walker-Griffin
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Christine Crowl, City Attorney
Eibleis Melendez, City Clerk
6:30 PMTuesday, July 23, 2024
CLOSED SESSION - 6:30 P.M., REGULAR MEETING - 7:00 P.M.
In-Person in Council Chambers or to Listen only: Zoom ID: 856 8845 4721 Zoom Passcode: 718298 Zoom Phone Number: 1-669-900-6833 I. CLOSED SESSION – CALL TO ORDER - ROLL CALL - 6:30 P.M.
Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
Present: 3 -
Council Member T. Grimsley, and Vice Mayor D. BaileyAbsent: 2 - II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:
City Attorney, Patrick Tang, read aloud the Closed Session item to be discussed. Council and Staff convened into Closed Session.
1. 22-911 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION - pursuant to Government Code Section 54956.9(e)(1): in one (1) matter.
Meeting went into Recess
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.
Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
Present: 3 -
Council Member T. Grimsley, and Vice Mayor D. BaileyAbsent: 2 - V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney, Patrick Tang, reported out on the Closed Session item.
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There was no final or reportable action on the item discussed in Closed Session.
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Kelley.
VII. MOMENT OF SILENCE
NONE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
NONE
IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
NONE
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.
Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.
XI. PUBLIC HEARINGS
1. 22-908 Public Hearing to amend and restate the City of Hercules’ participation in the Statewide Community Infrastructure Program (SCIP) and consideration of a SCIP application from D.R. Horton for the Owl Ranch residential project.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 24-XX (Attachment 1), an Amended and Restated Resolution making certain findings and authorizing certain actions necessary for the City of Hercules to confirm and expand its participation in SCIP and finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
Staff also recommends that the City Council adopt Resolution No. 24-XX (Attachment 2) authorizing the City Manager to approve the SCIP application from D.R. Horton, dated June 27, 2024 (Attachment 3) and
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finding the action exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
Staff Report - SCIP
Attach 1 - Resolution - SCIP
Attach 1A - Resolution of Intention
Attach 1B - Acquisition Agreement
Attach 1C - Eligible Facilities & Fees
Attach 1D - Eligible Services
Attach 2 - Resolution - SCIP 24-01 - Owl Ranch
Attach 3 - DR Horton SCIP Application 6.27.24
Attach 4 - Supplemental Memo 5.9.24
Attachments:
Community Development Director, Tim Rood, introduced and presented the item. Representatives from DR Horton Bay, Inc and California Statewide Communities Development Authority(CSCDA), also presented and were present in person and via Zoom to answer any questions.
Council provided comment and asked questions. Director Rood and the consultants provided a response Mayor Romero opened the Public Hearing. No public comment. Mayor Romero closed the public hearing.
Action was taken on this item.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Walker-Griffin, to adopt Resolution 24-049. The motion carried by the following vote:
Aye: Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
3 -
Absent: Council Member T. Grimsley, and Vice Mayor D. Bailey2 - MOTION: A motion was made by Council Member Walker-Griffin, seconded by Council Member Kelley, to adopt Resolution 24-050. The motion carried by the following vote:
Aye: Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
3 -
Absent: Council Member T. Grimsley, and Vice Mayor D. Bailey2 -
2. 22-925 Fiscal Year 2024/25 Assessment Rates and Service Levels for Victoria by the Bay Landscaping and Lighting Assessment District (Continued from the June 25 Council Meeting)
RECOMMENDATION:
It is recommended the City Council:
a. Hold a Public Hearing to receive testimony regarding the proposed increase to the maximum assessment rate for the City of Hercules Landscaping and Lighting Assessment District No. 2002-1 (Victoria by the Bay LLAD) commencing with FY 2024/25;
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b. Adopt a Resolution Declaring the Results of the Ballot Tabulation Regarding the Proposed Increase to the Maximum Assessment Rate for the Victoria by the Bay LLAD commencing Fiscal Year 2024/25; c. Adopt a Resolution Approving the Final Engineer’s Report, Confirming Diagram and Assessments, and Ordering Levy of Assessments for Fiscal Year 2024/25 for the Victoria by the Bay LLAD pursuant to the Landscaping and Lighting Act of 1972;
d. Provide direction to City Staff on the timing of Service Level Reductions for the Residential Parkway Strips in the Victoria by the Bay LLAD, which Staff recommends occur on September 1, 2024; and
e. Review and provide direction to Staff on a Draft Promissory Note outlining terms for repayment of the Victoria by the Bay LLAD cumulative fund deficit.
Staff Report - FY 2024-25 VBTB
Attach 1 - July 24, 2024 L2202-1 Staff Report
Attach 2 - Resolution Declaring Results of The Protest Balloting 2002-1
Attach 3 - Resolution Confirming Diagram and Assessments 2002-1 Attach 4 - L2002-1-2425 FER (Prop 218 Not Pass & Service Cuts) Continued PHv2
Attach 5 - Promissory Note LLAD No. 2002-1 Victoria by the Bay Attachments:
City Manager, Dante Hall, introduced the item. Public Works Director, Mike Roberts, presented. Council asked questions and provided comment.
Director Roberts and City Attorney, Patrick Tang, provided a response.
Mayor Romero opened the public Hearing. No public comment. Mayor Romero closed the Public Hearing. Council discussion continued. City Manager Hall and Finance Director, Edwin Gato, provided a response.
Action was taken on this item; Resolutions 24-051 and 24-052 were approved.
Council agreed to hold a Special Meeting on August 29th or 30th, based on Council Member availability, to continue part 'd' of this item and bring it back to Council for discussion.
Staff was directed to prepare the Promissory Note(Part e).
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Walker-Griffin, to adopt Resolution 24-052 . The motion carried by the following vote:
Aye: Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
3 -
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Absent: Council Member T. Grimsley, and Vice Mayor D. Bailey2 - MOTION: A motion was made by Council Member Kelley, seconded by Council Member Walker-Griffin, to adopt Resolution 24-051 . The motion carried by the following vote:
Aye: Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
3 -
Absent: Council Member T. Grimsley, and Vice Mayor D. Bailey2 - XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Walker-Griffin, to adopt the Consent Calendar. The motion carried by the following vote:
Aye: Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
3 -
Absent: Council Member T. Grimsley, and Vice Mayor D. Bailey2 -
1. 22-922 Meeting Minutes for the Regular Meeting of July 9, 2024 Meeting Minutes for the Regular Meeting of July 9, 2024Attachments:
APPROVED
2. 22-923 Annual Fiber Optic Broadband Report
RECOMMENDATION:
Receive Report.
Staff Report - Fiber Optic Annual Report 202425Attachments:
APPROVED
3. 22-929 Approve Pay and Benefit Plans for Executive, Mid-Management & Non-Represented Pay Plans
RECOMMENDATION:
Staff recommends that the City Council Adopt a Resolution Approving Pay and Benefit Plans for Executive, Mid-Management, and Non-Represented Employee Groups and authorize the City Manager to execute the Plans for a one-year term starting July 1, 2024, and ending June 30, 2025.
Staff Report - Pay Plans - Executive-MidMgmt & Unrep
Attach 1 - Resolution Approving Pay and Benefit Plans FY 24-25 Attach 2 - Executive Pay and Benefit Plan Proposed effective 07012024
Attach 3 - Mid Management-Pay and Benefit Plan-Proposed effective 07012024
Attach 4 - Unrepresented Pay and Benefit Plan Proposed effective 07012024
Attachments:
Resolution 24-053, APPROVED
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4. 22-924 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.
Staff Report - Quarterly Review of Future Agenda Items
Attach 1 - Future Agenda Items List
Attachments:
APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-926 Proposal to Administer the Housing Successor Agency Housing Loan Program and Business Development Loan Program.
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute a $113,000 professional service agreement with RSG to develop and implement a plan to restructure the non-performing loans, including borrower negotiations and amending loan agreements.
Staff Report - Housing Successor Loan
Attach 1 - Resolution
Attach 2 - RSG Loan Program Administration Proposal
Attachments:
City Manager, Dante Hall, introduced the item. Finance Director, Edwin Gato, presented. A representatives from RSG attended via Zoom to answer questions. Council asked questions and provided comment. RSG provided a response. No public comment. Action was taken on this item.
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Walker-Griffin, to adopt Resolution 24-054. The motion carried by the following vote:
Aye: Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
3 -
Absent: Council Member T. Grimsley, and Vice Mayor D. Bailey2 -
2. 22-927 Approval of Final Hercules Logo Design
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving the final version of the Hercules logo. Upon adoption, Tripepi Smith will generate a logo library of derivative versions, including horizontal, 1-color, and simplified versions for various uses.
Staff Report - Approval of Hercules Final Logo Design
Attach 1 - Resolution
Attach 2 - Proposed Logo Design
Attachments:
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City Manager, Dante Hall, introduced the item. A representative from Tripepi Smith presented. Council asked questions and provided comment.
No public comment. Action was taken on this item.
MOTION: A motion was made by Council Member Walker-Griffin, seconded by Council Member Kelley, to adopt Resolution 24-055. The motion carried by the following vote:
Aye: Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
3 -
Absent: Council Member T. Grimsley, and Vice Mayor D. Bailey2 -
3. 22-928 Approval Of East Bay Wildfire Prevention Coordinating Group Memorandum of Understanding
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt a resolution authorizing the City of Hercules to enter into a Memorandum of Understanding (MOU) with other jurisdictions in Alameda and Contra Costa Counties to form a Wildfire Prevention Coordinating Group (WPCG) to improve region-wide collaboration to reduce wildfire risk.
2. Appoint a member of the City Council to serve on the Wildfire Prevention Coordinating Group (WCPG) as the elected official representing the City of Hercules
Staff Report - Wildfire Prevention MOU
Attach 1 - Resolution
Attach 2 - East Bay Hills Wildfire Coordination MOU
Attach 3 - East Bay Wildfire Prevention -NeedsToBeAddressed -RelatedEfforts
Presentation - Wildfire Protection Coordinating Group MOU Attachments:
City Manager, Dante Hall, introduced the item. Representatives from Wildfire Prevention Coordinating Group(WCPG) presented. Council asked questions and provided comment. WCPG provided a response.
Public comment was provided by Marie Bowman. Action was taken on this item.
Council Member Walker-Griffin was appointed as primary, and Council Member Kelley was appointed as the alternate to represent the City of Hercules on the Wildfire Prevention Coordinating Group(WCPG).
MOTION: A motion was made by Council Member Walker-Griffin, seconded by Council Member Kelley, to adopt Resolution 24-056. The motion carried by the following vote:
Aye: Council Member C. Kelley, Council Member A. Walker-Griffin, and Mayor D.
Romero
3 -
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Absent: Council Member T. Grimsley, and Vice Mayor D. Bailey2 - XIV. 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.
Public Comment was provided by Robert Baum and Marie Bowman.
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 Committee
2. City Council Committees and Subcommittees
3. Commission Liaisons
City Manager, Dante Hall, promoted National Night out and other upcoming community events. City Attorney, Patrick Tang, had no announcements.
1. Regional Committee
Council Member Walker-Griffin attended the Contra Costa Mayors Conference hosted by Orinda. Mayor Romero reported out on the West County Integrated Waste Management Meeting.
2. City Council Committees and Subcommittees
No reports were provided
3. Commission Liaisons
No reports were provided
Community Events-
Council Member Kelley attended the launch of San Francisco Bay Ferry's Hydrogen Zero emission Ferry.
Future Agenda Item Requests-
Mayor Romero requested to have the Executive Director from Recyclemore present at a September meeting providing a preview on the Post Collection Agreement. The Council agreed unanimously to add this item to a meeting in September.
XVI. ADJOURNMENT
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Mayor Romero adjourned the meeting at 8:51 p.m.
_________________________________
Dan Romero, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk
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