CITY OF HERCULES CITY COUNCIL MINUTES

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2 CITY OF HERCULES CITY COUNCIL MINUTES April 11, :00 p.m. Regular Meeting I. ROLL CALL CALL TO ORDER 7:03 P.M. Present: Council Members Boulanger, Esquivias, Romero, Vice Mayor Kelley and Mayor de Vera Absent: None II. III. IV. PUBLIC COMMUNICATION CLOSED SESSION ITEMS CONVENE INTO CLOSED SESSION No Closed Session Items REGULAR MEETING 7:00 P.M. V. PLEDGE OF ALLEGIANCE VI. VII. MOMENT OF SILENCE Action: The Mayor called for a moment of silence in memory of Neel Foon, 18 and a UCLA student who fell off a cliff in Santa Cruz and died suddenly on March 29, INTRODUCTIONS/PRESENTATIONS 1. Julie Pierce, ABAG President to give an update on the merger of Metropolitan Transportation commission MTC and the Association of Bay Area Governments ABAG Action: Julie Pierce, ABAG President gave a status update on the merger of ABAG and MTC. VIII. AGENDA ADDITIONS/DELETIONS IX. PUBLIC COMMUNICATIONS Speakers: Lynne Noone, Hercules Library Branch Manager; Ivette Ricco, Bayfront Chamber of Commerce; Gerald White, resident. X. PUBLIC HEARINGS 1. City of Hercules Community Facilities District No (Water Quality Retention Basin) ( CFD No ) Adopt a Resolution to form Community Facilities District No (Water Quality Retention Basin) Public Hearing: Mayor de Vera opened the public hearing. There being no comments from the public, the Mayor closed the public hearing. Page 1 of 5

3 Action: Moved by Vice-Mayor Kelley, seconded by Council Member Boulanger and carried unanimously to Adopt Resolution No ) Adopt a Resolution calling for a special landowner election within Community Facilities District No (Water Quality Retention Basin) Action: Moved by Council Member Esquivias, seconded by Vice-Mayor Kelley and carried unanimously to Adopt Resolution No ) Adopt a Resolution declaring the results of the special landowner election within Community Facilities District No (Water Quality Retention Basin) and directing recordation of a Notice of Special Tax Lien for Community Facilities District No (Water Quality Retention Basin) Recess: 8:00 PM to allow the City Clerk to tabulate the ballots cast in the special landowner election within CFD Reconvene: 8:03 PM. City Clerk Martin reported the results of the special landowner election within CFD Action: Motion by Vice-Mayor Kelley, seconded by Council Member Esquivias and carried unanimously to Adopt Resolution No ) Introduce an Ordinance authorizing the levying of a special tax within Community Facilities District No (Water Quality Retention Basin). Action: Motion by Council Member Esquivias, seconded by Vice-Mayor Kelley and carried unanimously to approve the Introduction of Ordinance No Annual Housing Element Progress Report a) Open, Conduct, and Close Public Hearing; b) Approve the Annual Housing Element Progress Report for the 2016 calendar year and direct staff to submit to the appropriate State agencies. Public Hearing: Mayor de Vera opened the public hearing. There being no comments offered from the public, the Mayor closed the public hearing. Action: Motion by VM/Kelley, seconded by Council Member Esquivias and carried unanimously to approve the Annual Housing Element Progress Report for calendar year 2016 and directed staff to submit the report to the appropriate State agencies. XI. CONSENT CALENDAR Action: Council Member Romero noted a typo on page 2 of the minutes. Moved by Council Member Romero, seconded by Council Member Boulanger to adopt the consent calendar. 1. Approval of Minutes Approve Minutes for the City Council Meeting of March 28, Action: Approved Minutes. Page 2 of 5

4 2. Annual Parcel Assessment Adopted by the County Flood Control District for the Contra Costa Clean Water Program for FY Approve the continuance of the parcel assessment rate of $35.00 per Equivalent Runoff Unit (ERU) for FY and requesting the Contra Costa County Flood Control and Water Conservation District adopt this annual parcel assessment for drainage maintenance and the National Pollution Discharge Elimination System (NPDES) Program. Action: Adopted Resolution XII. DISCUSSION AND/OR ACTION ITEMS 1. FY Landscaping and Lighting Districts a) A Resolution approving the Preliminary Engineer s Report and declaring intention to levy and collect assessments for FY within the City of Hercules for Landscaping and Lighting Assessment District No and setting a public hearing for June 13, Recusals: City Attorney Tang explained to Council that his recommendation is for the Mayor and City Council to recuse themselves from participating in the discussion and action of this item due to the possibility of conflict of interests of owning property located within the assessment districts. City Attorney Tang explained that he has requested an opinion from the Fair Political Practices Commission, however they have 21 days to provide that opinion, therefore out of an abundance of caution he is recommending that City Council recuse themselves which would then invoke the rule of necessity whereas the City Council Members would draw by lot to determine a quorum that would stay and participate in the discussion and action of this item. At the March 28, 2017 City Council Meeting, Mayor de Vera and Council Member Romero drew the shorter sticks, with Vice Mayor Kelley and Council Members Boulanger and Esquivias drawing the longer sticks. Action: Moved by Council Member Boulanger, seconded by Council Member Esquivias and carried unanimously to adopt Resolution and setting a public hearing date for June 13, Recused: Mayor De Vera and Council Member b) A Resolution approving the Preliminary Engineer s Report and declaring intention to levy and collect assessments for FY within the City of Hercules Victoria by the Bay Landscaping and Lighting Assessment District No and setting a public hearing for June 13, Action: Moved by Council Member Esquivias, seconded by Council Member Boulanger and carried unanimously to adopt Resolution and setting a Page 3 of 5

5 c) A Resolution approving the Preliminary Engineer s Report and declaring intention to levy and collect assessments for FY within the City of Hercules for Hercules Village Landscaping and Lighting Assessment District No and setting a public hearing for June 13, Action: Moved by Council Member Boulanger, seconded by Council Member Esquivias and carried unanimously to adopt Resolution and setting a d) A Resolution approving the Preliminary Engineer s Report and declaring intention to levy and collect assessments for FY within the City of Hercules for Baywood Landscaping and Lighting Assessment District No and setting a public hearing for June 13, Action: Moved by Council Member Boulanger, Seconded by Council Member Esquivias and carried unanimously to adopt Resolution and setting a e) A Resolution approving the Preliminary Engineer s Report and declaring intention to levy and collect assessments for FY within the City of Hercules for Bayside Landscaping and Lighting Assessment District No and setting a public hearing for June 13, Action: Motion by Council Member Boulanger, seconded by Council Member Esquivias and carried unanimously to adopt Resolution and setting a Public Speaker: Patricia King, resident. 2. First Look at FY General Fund Revenues Discuss and Provide Staff with Feedback on the General Fund Revenue Estimates Being Developed for the FY Budget. Action: Input and direction provided to staff by City Council. XIII. PUBLIC COMMUNICATIONS (continued) Speakers: None. Page 4 of 5

6 XIV. CITY COUNCIL/CITY MANAGER ANNOUNCEMENTS AND CITY COUNCIL COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS Action: Members of the City Council and staff reported on events and committee meetings. XV. ADJOURNMENT. Mayor de Vera announced that the Hercules City Council will hold a special meeting on Saturday, April 22, 2017 at 9:00 a.m. at the Hercules By the Bay Clubhouse, located at 1299 Santa Fe Avenue, Hercules, CA for a Strategic Planning and Goal Setting Workshop. Mayor de Vera adjourned the meeting at 9:52 p.m. in memory of Neel Foon. ATTEST: Myrna L. de Vera, Mayor Lori Martin, MMC Administrative Services Director/City Clerk Page 5 of 5