Hercules City Council
December 10, 2024

Tuesday, December 10, 2024
6:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
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
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
CLOSED SESSION - 6:00 P.M., REGULAR MEETING - 7:00 P.M.

In-Person in Council Chambers or To Watch or Listen only:

Zoom ID: 812 5176 1353 Zoom Passcode: 561387
Zoom Phone Number: 1-669-900-6833
1 December 10, 2024City 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. SPECIAL CLOSED SESSION – CALL TO ORDER - ROLL CALL - 6:00 P.M. 1A. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

1. 22-1035
CONFERENCE WITH LABOR NEGOTIATORS Pursuant to
Government Code Section 54957.6 - City Negotiators: Dante Hall, City Manager; Edwin Gato, Director of Finance; relative to the following employee groups:
a. Teamsters Local 315 Employee Organizations

2. 22-1036
CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code section 54956.8. CONFERENCE WITH Real
Property Negotiators Property address: 1680 Refugio Valley Road, Hercules CA 94547 Agency Negotiators: Dante Hall, City Manager; Christie Crowl, City Attorney, Negotiating Parties: City of Hercules, Rodeo Hercules Fire Protection District
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

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

2 December 10, 2024City Council Meeting Agenda
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
XII. CONSENT CALENDAR

1. 22-1023
Meeting Minutes for the Regular Meeting of November 12, 2024 Meeting Minutes for the Regular Meeting of November 12, 2024Attachments:

2. 22-1024 Declaring Results of the November 5, 2024, General Municipal Election
RECOMMENDATION:

It is recommended that the City Council adopt a resolution declaring the results of the Consolidated General Municipal Election held on November 5, 2024
Staff Report - Election Results 2024
Attach 1 - Resolution
Exhibit A - 2024 Election Certificate and Summary of Results Attachments:

XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-1025 Commission and Committee Appointments
RECOMMENDATION:

1. Consider making appointments to the Hercules Commissions, Regional Boards and Committees to fill vacancies and expired terms

2. Following appointments, direct Staff to prepare and publish the Local Appointments List (Maddy Act) pursuant to Government Code 54972 Staff Report - Commission AppointmentsAttachments:

3 December 10, 2024City Council Meeting Agenda

CITY COUNCIL PRESENTATIONS

1. 22-1026 Vice Mayor Bailey to Present a Proclamation Commending the Dedication and Leadership of Mayor Romero.

Proclamation for Mayor Dan RomeroAttachments:

2. 22-1032 Remarks from Mayor Romero

OATHS OF OFFICE & INSTALLATION OF RE-ELECTED AND NEWLY ELECTED

COUNCIL MEMBERS

1. 22-1027
Administer Oath of Office to Re-Elected Council Members Alex Walker-Griffin and Tiffany Grimsley and Newly Elected Council Member Dilli Bhattarai
Cert of Election Form - A. Walker-Griffin
Cert of Election Form - T. Grimsley
Cert of Election Form - D. Bhattarai
Attachments:

2. 22-1028 Remarks from Council Members

RECESS AND REFRESHMENTS

RECONVENE - CALL TO ORDER - ROLL CALL

CITY COUNCIL REORGANIZATION

1. 22-1030
Selection of Mayor and Vice Mayor
Staff Report - Selection of Mayor and Vice Mayor
Attach 1 - Council Rules of Procedure
Attachments:

2. 22-1031 City Council Regular Meeting Dates for 2025
Staff Report - Meeting Schedule 2025
Attach 1 - Draft 2025 Meeting Calendar
Attachments:

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.

4 December 10, 2024City Council Meeting Agenda
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
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, January 14, 2025 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 5, 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 10, 2024City 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: Members of the public may submit a remote public comment via Zoom video conferencing. 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 10, 2024City 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 CONSENT CALENDAR

AGENDA ITEMS

1. 22-1023

2. 22-1024

8 111 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
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
6:00 PMTuesday, November 12, 2024
CLOSED SESSION - 6:00 P.M., REGULAR MEETING - 7:00 P.M.

In-Person in Council Chambers or to Listen only: Zoom ID: 890 7005 5435 Zoom Passcode: 233243 Zoom Phone Number: 1-669-900-6833 I. SPECIAL CLOSED SESSION – CALL TO ORDER - ROLL CALL - 6:00 P.M.

IA CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey

Present: 5 -
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, Christie Crowl, read the titles of the items to be discussed in Closed Session. City Council and Staff recessed into Closed Session.

1. 22-1006
CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 - City Negotiators: Dante Hall, City Manager; Edwin Gato, Director of Finance; relative to the following employee groups:
a. Teamsters Local 315 Employee Organizations

2. 22-1007

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Pursuant to Government Code Section 54956.9 (Humble v. City of Hercules, et al., Contra Costa County Superior Court Case No. 24-01214).

22-1023
9 November 12, 2024City Council Meeting Minutes
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey

Present: 5 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
There was no final or reportable action to report on this items discussed in Closed Session. City Attorney, Christie Crowl, did state that Council and Staff would resume into Closed Session at the end of the regular meeting to resume discussion of Item III.2.

VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Council Member Grimsley.

VII. MOMENT OF SILENCE
NONE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
Recognizing the Participants in Youth and Government Day Acknowledgment of Public Works Director, Mike Roberts, retirement and 10 Years of Service
Parks and Recreation Director, Christopher Roke, reported out on Youth and Government Day. A few participants spoke and commented on the day. Council provided comment. Certificates were presented to the participants and pictures were taken.

1. 22-1009
Veterans Day Proclamation
Veterans Day Proclamation 2024Attachments:

Mayor Romero presented the proclamation to Sergeant Ezra Tafesse.

Council provided comment. Sergeant Tafesse thanked the Council for the recognition. Pictures were taken.

Mayor Romero recognized Public Works Director, Mike Roberts, for his accomplishments and his decade of service to the City of Hercules. City Manager, Dante Hall, provided comment. Comments were returned back to Council. Public comment was provided by Marie Bowman. Mayor Romero presented a plaque to Director Roberts. Public Works Director, Mike Roberts, provided comment. Pictures were taken with Council and City Manager Hall.

IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS

10 November 12, 2024City Council Meeting Minutes
Jarnail Chamal and Tanya Little provided public comment.

This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.

XI. PUBLIC HEARINGS
NONE
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Walker-Griffin, seconded by Council Member Kelley, to adopt the Consent Calendar. The motion carried by the following vote:

Aye: Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey 5 -

1. 22-999
Meeting Minutes for the Regular Meeting of October 22, 2024 Meeting Minutes for the Regular Meeting of October 22, 2024Attachments:

APPROVED

2. 22-1008 Meeting Minutes for the Special Meeting of November 4, 2024 Meeting Minutes for the Special Meeting of November 4, 2024Attachments:

APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-1004 Commission and Committee Appointments
RECOMMENDATION:

Consider making appointments to the Hercules Commissions, Regional Boards and Committees to fill vacancies and expired terms.

Staff Report - Commission AppointmentsAttachments:

Vice Mayor Bailey requested to continue the item to the 12/10 City Council Meeting. No public comment. Action was taken on the item.

MOTION: A motion was made by Vice Mayor Bailey, seconded by Council Member Grimsley to continue Discussion Item XIII.1(22-1004), Commission Committee Appointment to the December 10th City Council meeting. The motion carried by the following vote:

11 November 12, 2024City Council Meeting Minutes

Aye: Council Member C. Kelley, Council Member T. Grimsley, Mayor D. Romero, and Vice Mayor D. Bailey
4 -
Abstain: Council Member A. Walker-Griffin1 -

2. 22-1000 Authorization To Contract With Tripepi Smith For Communications Support For Wastewater Services
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Tripepi Smith for communications support for wastewater services in an amount not to exceed $61,650.

Staff Report - Contract with Tripepi Smith for Communication Supportfor Wastwater Services
Attach 1 - Resolution
Attach 2 - Tripepi Smith Proposal for Communications Support for Wastewater Services
Attach 3 - Sewer Health Fund Study Staff Report MREG
Attach 4 - Hercules Rate Study Presentation
Attachments:

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

Representatives from Tripepi Smith attended the meeting via Zoom to answer any questions. Council asked questions and provided comment.

City Manager Hall, Tripepi Smith and Public Works Director, Mike Roberts, provided a response. No public comment. Action was taken on this time.

MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Kelley, to adopt Resolution 24-072. The motion carried by the following vote:

Aye: Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey 5 -

3. 22-1002
Addition of a Landscaping and Lighting Program Coordinator Job Description to the City’s Classification Plan
RECOMMENDATION:

Adopt a resolution approving the addition of a Landscaping and Lighting Program Coordinator Job Description to the City’s Classification Plan and approving an amended Salary Schedule for Full-Time Teamsters positions for Fiscal Year 2024/25.

Staff Report - Landscaping Lighting Coordinator Job Description Attach 1 - Resolution
Attach 2 - LLAD Program Coordinator Job Description
Attach 3- Teamsters FT Amended Salary Schedule 20241112 Attachments:

Public Works Director, Mike Roberts, introduced and presented the item.

Council asked questions and provided comment. Director Roberts, City Manager, Dante Hall and Finance Director, Edwin Gato, provided a

12 November 12, 2024City Council Meeting Minutes
response. Council requested that staff follow up with the amount budgeted for the position by email. 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 24-073. The motion carried by the following vote:

Aye: Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, and Mayor D. Romero
4 -
Abstain: Vice Mayor D. Bailey1 -

4. 22-975
Demolition of Creekside Shopping Center Clock Tower and Direction Regarding Potential New City Signage
RECOMMENDATION:

Staff recommends the City Council:

1. Receive the report,

2. Adopt a resolution authorizing demolition of the clock tower at the entrance of the Creekside Shopping Center for an amount not to exceed $9,000, and

3. Provide direction to staff on options for replacing the clock tower.

Staff Report - Demolition of Creekside Shopping Center Clocktower and Direction Regarding New City Signage
Attach 1 - Resolution
Attach 2 - Letter of Support -Hercules SR2TBT - 20241009 Attach 3 - West Central SR2TBT Project Map
Attachments:

City Manager, Dante Hall, introduced and presented the item. Council asked questions and provided comment. City Manager Hall provided a response. No public comment. Action was taken on this item: Approve a Resolution and provide Staff direction on options for replacing the clock tower.

MOTION: A motion was made by Vice Mayor Bailey, seconded by Council Member Grimsley, to adopt Resolution 24-074.

A Second Motion was also made by Vice Mayor Bailey, seconded by Council Member Grimsley to instruct Staff to provide sign plan options(similar to City logo), look at possible sign location at: San Pablo and Sycamore(near Safeway), existing location(taking the proposed sidewalk into consideration) and other possible location options. The motion carried by the following vote:

Aye: Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey 5 -

5. 22-1001
Consideration of Adoption of Resolutions Directing the City Manager and Director of Finance and Their Designees to Take Actions Necessary to Prepare for Issuance of Lease Revenue Refunding Bonds, including but not limited to Actions Related to Evaluating the Feasibility of Refinancing RECOMMENDATION:

13 November 12, 2024City Council Meeting Minutes
Adopt a Resolution of the City Council of the City of Hercules Directing the City Manager, Director of Finance, and Their Designees to Take Actions Necessary to Prepare for Issuance of Lease Revenue Refunding Bonds, including but not limited to Actions Related to Evaluating the Feasibility of Refinancing.

Staff Report - 2025 Lease Revenue Bonds
Attach 1 - Resolution
Attach 2 - Bio-Rad Letter of Support
Attachments:

Finance Director, Edwin Gato, introduced and presented the item.

Representatives from Urban Futures were in attendance to answer questions. Council asked questions and provided comment. Director Gato, representatives from Urban Futures and City Attorney Christie Crowl, provided a response. No public comment. Action was taken on this item.

MOTION: A motion was made by Council Member Grimsley, seconded by Council Member Walker-Griffin, to adopt Resolution 24-075. The motion carried by the following vote:

Aye: Council Member C. Kelley, Council Member T. Grimsley, Council Member A.

Walker-Griffin, Mayor D. Romero, and Vice Mayor D. Bailey 5 -

6. 22-974
Spring 2025 Composting Event
RECOMMENDATION:

City Council receive a report on a proposed community composting event scheduled for Spring 2025.

Staff Report - Spring Composting Event
Attach 1(a) Flyer-Materials In organic bin (8.5x11in)
Attach 1(b) Compost Supplies Discount Flyer 2023-2024 - English and Spanish - FOR PRINT
Attachments:

Public Works Director, Mike Roberts, introduced and presented the item.

Council asked questions and provided comment. Director Roberts provided a response. No public comment. No action taken on this item.

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.

14 November 12, 2024City 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 Committee

2. City Council Committees and Subcommittees

3. Commission Liaisons
No announcements from City Manager, Dante Hall. City Attorney, Christie Crowl, reminded everyone that Council will be resuming Closed Session after announcements.

1. Regional Committee
Vice Mayor Bailey reported on the Marin Clean Energy(MCE) Board Meeting. Council Member Kelley attended a Contra Costa Transportation Authority(CCTA) workshop. Mayor Romero reported out on West County Integrated Waste Management(WCCIWMA) Meeting.

2. City Council Committees and Subcommittees
No reports were provided

3. Commission Liaisons
No reports were provided
There were no future agenda item requests.

Meeting went into convened into Closed Session.

Meeting reconvened. There was no reportable action take on the item discussed.

15 November 12, 2024City Council Meeting Minutes
XVI. ADJOURNMENT
Mayor Romero adjourned the meeting at 9:51 P.M.
_________________________________
Dan Romero, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

16 CO

NSENT CALENDAR

AGENDA ITEM

2. 22-1024
17 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of December 10, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: Declaring Results of the November 5, 2024, General Municipal Election
RECOMMENDED ACTION:

It is recommended that the City Council adopt a resolution declaring the results of the Consolidated General Municipal Election held on November 5, 2024 BACKGROUND:

On June 11, 2024, the City Council adopted Resolution No. 24-040 calling for the holding of a General Municipal Election for purposes of electing three (3) members to the City Council and Resolution No. 24-040 requesting that Contra Costa County consolidate the General Municipal Election with the General Election to be held on November 5, 2024 and that the County provide specific election services.

ANALYSIS:

The City of Hercules held a Consolidated General Municipal Election on November 5, 2024, for the purpose of electing three (3) members of the City Council. The County of Contra Costa conducted the election on behalf of the City of Hercules. Pursuant to California Elections Code § 10262, the County Clerk has certified the election results and provided a Statement of the Votes Cast at the City of Hercules Election. Pursuant to Elections Code §10263, the City Council shall adopt a resolution declaring the election results.

Candidate Votes Cast
Alex Walker-Griffin 7,286
Dilli Bhattarai 7,038
22-1024
18 Tiffany Grimsley 6,890
Kofi Opong-Mensah 3,538

Included is the Certificate of the County Clerk/Registrar of Voters as to the canvass results of the City of Hercules General Municipal Election held on November 5, 2024. Alex Walker- Griffin, Dilli Bhattarrai and Tiffany Grimsley were the successful candidates and have been elected to the City Council for full terms of four years.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

ATTACHMENTS:

1. Attach 1 - Resolution including Exhibit A.

19

Resolution 24-

HERCULES CITY COUCNCIL

RESOLUTION

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024

DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW

WHEREAS, a General Municipal Election was held and conducted in the City of Hercules, California, on Tuesday, November 5, 2024, as required by law; and

WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and

WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A”.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of votes (ballots) cast in the precincts was 2,720. That the whole number of vote by mail voter ballots cast in the City was 22,032, making a total of 24,752 votes (ballots) cast in the City.

SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows: ALEX WALKER-GRIFFIN, DILLI BHATTARAI, TIFFANY GRIMSLEY, AND KOFI OPONG-MENSAH.

SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached hereto.

SECTION 4. The City Council does declare and determine that: ALEX WALKER-GRIFFIN was elected as Member of the City Council for the full term of four years; DILLI BHATTARAI was elected as Member of the City Council for the full term of four years and TIFFANY GRIMSLEY was elected as Member of the City Council for the full term of four years

SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes (ballots) cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; ( 4) The number of votes given at each precinct to each person, and (5) The total number of votes given to each person.

SECTION 7. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected 20

Resolution 24-
the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 10th day of December 20 21 by the following vote of the Council:

AYES: Council Members:

NOES:

ABSTAIN:

ABSENT:

____________________________
Dan Romero, Mayor

ATTEST:

Eibleis Melendez, City Clerk

21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 DISCUSSION AND/OR ACTION

AGENDA ITEMS

1. 22-1025

48 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of December 10, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: Commission and Committee Appointments
RECOMMENDED ACTION:

1. Consider making appointments to the Hercules Commissions, Regional Boards and Committees to fill vacancies and expired terms.

2. Following appointment, direct Staff to prepare and publish the local appointments list pursuant to Government Code 54972.

DISCUSSION:

The City’s Commissions (listed below) have seats with a term expiration of December 31, 2024. The City maintains an open recruitment for applicants to fill the seats. The application deadline for Planning Commission, Finance Commission, Community Library Services Commission, Contra Costa County Advisory Council on Aging was October 31, 2024. The vacancies were advertised on the City’s website, the Parks and Recreation Activity guide and pushed through social media platforms. The City Council held a Special Meeting to conduct interviews on Monday, November 4, 2024.

Local Commissions
Planning Commission – Three (3) terms ending December 2024.

The Planning Commission meets the first and third Mondays of every month at 7 p.m.

The Commission is advisory to the Council and has statutory duties imposed by State law. Eleven (11) applications were r eceived. The three current Commissioners with expiring terms are: Dilli Bhattarai, Kenneth Morrison and Carol Most-Walker. 22-1025
49 Applicants that interviewed for the Planning Commission are: Rupinder Sandu, Brian Yung, Kaitlyn Azevedo, Bill Huang, Sylvia Jiminez

Finance Commission – One (1) term ending December 2024 and Two (2) Vacancies.

The Finance Commission meets bi -monthly on the third Wednesday at 7 p.m. The Commission is advisory to the Council. Thirteen (13) applications were received. The current Commissioner with an expiring term is: Edward Ulle.

Applicants that interviewed for Finance Commission are: Rupinder Sandhu, Janet Stallman, Sam Ahmad and Kaitlyn Azevedo

Community & Library Services Commission – Three (3) terms ending December 2024 and, One (1) Student Commissioner with a term ending December 2024.

The Community and Library Services Commission meets on the second Monday of every month at 7:00 p.m. The Commission is advisory to the Council. Twelve (12) applications were received. The Commissioners with expiring terms are: Han Chen, D. Yamamoto, Brian Campbell-Miller and Student Commissioner, Monique Hernandez Student Commissioner Monique Hernandez is seeking reappointment and running unopposed. Staff recommends that Student Commissioner Hernandez be reappointed to their incumbency
Applicants that interviewed for Community & Library Services Commission are: Sarah Green, Ivette House, Cherry Chuang, Betty Kwan and Kaitlyn Azevedo Regional Boards and Committees:

Contra Costa County Advisory Council on Aging – Vacant
The Advisory Council on Aging meets on the third Wednesday of each month. 10a.m. to 12 p.m. The Contra Costa County Advisory Council on Aging (ACOA) advises the Board on all matters associated with the planning, development and administration of programs relating to older adults. This seat is currently vacant.

The applicant that interviewed for the Contra Costa County Advisory Council on Aging is:

Sarah Green.

FISCAL IMPACT:

Per Ordinance 519, each member of the Planning Commission receives a salary of fifty dollars ($50.00) for attendance at a regular scheduled meeting of the Planning Commission. No compensation will be provided for non -attendance at a regular scheduled meeting, attendance at special meetings, or when a regular scheduled meeting has been canceled.
50 ATTACHMENTS:

None.
51 CIT

Y COUNCIL PRESENTATIONS

1.22-1026
52 PROCLAMATION

COMMENDING THE EXCEPTIONAL LEADERSHIP OF MAYOR

DAN ROMERO AND HONORING HIM FOR OVER THIRTEEN

YEARS OF DEDICATION AND SERVICE TO THE CITY OF

HERCULES
WHEREAS, Dan Romero was first elected to the Hercules City Council in a Special Election held in June 7, 2011; and was re-elected in 2012, 2016, and 2020; and WHEREAS, Council Member Romero was appointed to serve as Mayor as part of the annual City Council reorganization on December 13, 2011, and was appointed again on December 8, 2015, December 11, 2018; and December 12, 2023; and
WHEREAS, during his tenure, Mayor Romero proudly represented Hercules at the Contra Costa Mayor’s Conference, the West County Mayors and Supervisors’ Association; the Hercules/Pinole Joint Wastewater Committee; and the West Contra Costa Integrated Waste Management Authority; and
WHEREAS, under Mayor Romero’s leadership, the City Council’s 2024 accomplishments include enhancing the quality of life for Hercules residents and increasing support from our residents for City programs and activities by adopting the Hercules Parks and Recreation Facilities Master Plan, which represents the input and priorities voiced by its community and residents for setting priorities about its parks, recreational facilities, trails, open spaces and natural areas; approving funding for community events that enrich the lives of residents and brings the community together including the 4 th of July Fireworks Celebration, Hercules Cultural Festival, Senior Health Fair, National Night Out, Movies in the Park, Hercules Trunk or Treat, and the Holiday Tree Lighting; and adopting a new City logo.

Hercules is known as the dynamic city on the Bay, attracting more families, professionals and businesses due to its convenient location to major job centers and lifestyle opportunities. That dynamic progress in recent years is now reflected in a refreshed City logo; and WHEREAS, Mayor Romero has lived in West Contra Costa County since 1975, and his involvement and knowledge of local issues and resources ha ve guided his work and reinforced his leadership and commitment to transparent and open government. His leadership is built upon moral and ethical character and integrity. He promoted civic engagement in the regular and ongoing review of the City’s Ethics Policy to ensure the integrity of its practices, encouraged participation in City Council subcommittees and commissions so that citizens stay informed about the decisions and actions that are made and have an opportunity to voice their valuable needs, interests and concerns; and WHEREAS, in 2011, Mayor Romero began his campaign promising to support the reconstruction of what was once a city under crisis and help build a more resilient Hercules. In over thirteen fruitful years of leadership and service, Mayor Romero remained a consistent and active voice of the City, having never missed a City Council meeting, having forged respectful and collegial relationships with City staff. He conc ludes his tenure after successfully engaging with six different Councils and working alongside three City Managers, giving credence that the City Manager serves as a guiding point for the future of Hercules.

NOW THEREFORE BE IT PROCLAIMED that I, Dion Bailey, Vice Mayor of the City of Hercules, on behalf of the entire City Council and the Hercules community, do hereby give honor and express sincere gratitude to Mayor Romero for over thirteen years of unwavering dedication and faithful service to the welfare and prosperity of the City of Hercules where the legacy of his impact will be felt for years to come, and extend best wishes for continued success in future endeavors.

In witness whereof, I hereunto set my hand and cause the seal of the City of Hercules to be affixed this 10th day of December 2024.

Dion Bailey, Vice Mayor
22-1026
53 OA

THS OF OFFICE & INSTALLATION OF RE-

ELECTED AND NEWLY ELECTED COUNCIL

MEMBERS

1. 22-1027
54 Certificate of Election and
Oath of Office

STATE OF CALIFORNIA,
County of Contra Costa } ss.

I, Eibleis Melendez, City Clerk of the

CITY OF HERCULES
in the State of California, do hereby certify, that a General Municipal Election was held in the City of Hercules on the 5th Day of November 2024, and at a regular meeting of the City Council held on the 10th day of December, 2024

ALEX WALKER-GRIFFIN
was officially declared elected to the office of

MEMBER OF THE CITY COUNCIL
as shown by the official returns of the election, and the statement of votes cast now on file in the Office of the City Clerk.

Witness my hand and official seal this 10th day of December 2024.

By _______________________________________
(ELECTION OFFICIAL))

OATH OF OFFICE

STATE OF CALIFORNIA,
County of Contra Costa } ss.

I, ________________________________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Member of the City Council
(TITLE OF OFFICE)
__________________________________________
(CANDIDATE SIGNATURE)
Subscribed and sworn to before me this ______________ day of _______________, 20_______. __________________________________________
(SIGNATURE OF PERSON ADMINISTERING OATH)
__________________________________________
(Title)
22-1027
55 Certificate of Election and
Oath of Office

STATE OF CALIFORNIA,
County of Contra Costa } ss.

I, Eibleis Melendez, City Clerk of the

CITY OF HERCULES
in the State of California, do hereby certify, that a General Municipal Election was held in the City of Hercules on the 5th Day of November 2024, and at a regular meeting of the City Council held on the 10th day of December 2024

TIFFANY GRIMSLEY
was officially declared elected to the office of

MEMBER OF THE CITY COUNCIL
as shown by the official returns of the election, and the statement of votes cast now on file in the Office of the City Clerk.

Witness my hand and official seal this 10th day of December 2024.

By _______________________________________
(ELECTION OFFICIAL))

OATH OF OFFICE

STATE OF CALIFORNIA,
County of Contra Costa } ss.

I, ________________________________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Member of the City Council
(TITLE OF OFFICE)

__________________________________________
(CANDIDATE SIGNATURE)
Subscribed and sworn to before me this ______________ day of _______________, 20_______.

__________________________________________
(SIGNATURE OF PERSON ADMINISTERING OATH)
__________________________________________
(Title)
56 Certificate of Election and
Oath of Office

STATE OF CALIFORNIA,
County of Contra Costa } ss.

I, Eibleis Melendez, City Clerk of the

CITY OF HERCULES
in the State of California, do hereby certify, that a General Municipal Election was held in the City of Hercules on the 5th Day of November 2024, and at a regular meeting of the City Council held on the 10th day of December 2024

DILLI BHATTARAI
was officially declared elected to the office of

MEMBER OF THE CITY COUNCIL
as shown by the official returns of the election, and the statement of votes cast now on file in the Office of the City Clerk.

Witness my hand and official seal this 10th day of December 2024.

By _______________________________________
(ELECTION OFFICIAL))

OATH OF OFFICE

STATE OF CALIFORNIA,
County of Contra Costa } ss.

I, ________________________________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Member of the City Council
(TITLE OF OFFICE)

__________________________________________
(CANDIDATE SIGNATURE)
Subscribed and sworn to before me this ______________ day of _______________, 20_______.

__________________________________________
(SIGNATURE OF PERSON ADMINISTERING OATH)
__________________________________________
(Title)
57 CI

TY COUNCIL REORGANIZATION

1. 22-1030

2. 22-1031
58 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of December 10, 2024
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. The City Council shall select these City Council Members 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 selection process herein shall be followed 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 2022 Election were Dion Bailey, with 5,784 votes, and Chris Kelley, with 4,246 votes.

FISCAL IMPACT:

There is no fiscal impact associated with this item.
22-1030
59 ATTACHMENTS:

1. Council Rules of Procedure

60 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
61 2

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
62 3

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 63 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. 64 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 65 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.

66 7

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.

67 8

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 68 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.

69 10

(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
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TY COUNCIL REORGANIZATION

2. 22-1031
75 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of December 10, 2024
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 2025
RECOMMENDED ACTION:

Review the City Council Regular Meeting Dates schedule in 2025 and consider canceling one or more regular meetings in August.

DISCUSSION:

The City Council traditionally goes dark for one meeting in August of each year to allow for vacations and generally cancels the second meeting in November and December if they fall on holiday weeks.

August meetings are scheduled for August 12th and August 26th. The November 25th meeting is on Tuesday, the week of the Thanksgiving holiday. City Offices will be closed November 26th and November 28th. The December 23rd meeting falls on the Christmas Holiday with City Offices closed December 23 through January 1st.

Attached is a 2025 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. Draft Calendar
22-1031
76 January 2025

S M T W T F S
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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 2025

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 2025

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 2025

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 2025

S M T W T F S
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9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28
May 2025

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 2025

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 2025

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 2025

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 2025

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 2025

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 2025

S M T W T F S
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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
2025
City of Hercules Meeting
Schedule
January
1: New Year's Day
20: Martin Luther King Jr. Day
February
17: Presidents Day
May
26: Memorial Day
June
19: Juneteenth
July
3: Independence Day (observed on
Thursday)
September
1: Labor Day
November
11: Veterans' Day
27: Thanksgiving
26: 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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