I'd trust this council & their CM more if they mistrusted us less. Too much is going on in closed sessions. Too much is being done in secret, and then sprung on the community once it is too late to change. We now have this town-changing Safeway-cum-gas-bazaar project (revealed after it has, so quietly, already made significant progress), the Mastay appointment (done completely without notice to the community), major & unpleasant changes discussed (in whispers) to increase rental housing in Sycamore North (and perhaps Parcel C): those make much more of an impression on me than a potential 13%-23% borrowing cost reduction which we might have if we had an independent treasurer rather than the already-realized risk of having a finance director with a significant past connection to the city manager who hired her, running the appearance and perhaps reality of the cronyism which allowed Leon to work for Oliva while shafting all of the rest of us. In any event, we needn't speak of an elected treasurer, when we have the possibility of shifting to a system with a finance director directly appointed by (and accountable to) the city council, and not to another overly-empowered city manager (Think Sakamoto and Oliva.). They could certainly have exposed Steve Duran's appointment of Nickie Mastay to public scrutiny before it was already a done deal, a done deal which the city manager won't discuss because discussion would "interfere" with his duties of city manager/czar.

The citizens removed the previous council and now the new council hired a professional to make the necessary changes to improve the governance and financial condition of Hercules. It seems only fair to give the new council and City manager an opportunity to show positive progress and move forward.

For some folks it is easier to blog and sling mud versus stepping up and serving the community.

Lori,
Nobody I know wants an elected Treasurer (except Kuehne) that's just stupid. Likewise, I have heard not one word of criticism for his choice for Finance Director. One cannot criticize without information and with no posted job description or equal opportunity hiring procedure there is no way to make an opinion. The criticisms have been about the lack of a process, not the quality of the individual's involved. While I agree we should trust our City Manager, , in Hercules, actions speak louder than words. Trust needs to be earned. We have had a very surprising month and some of the language in the Strategic Plan is challenging the vision we have had here after a great deal of work and effort. Duran does not appear open to criticism or suggestions. He spent the entire last Council meeting looking at his computer and shuffling papers when people, even Council members, spoke . Is he listening? Does he care about what the community has to say? That's not clear at this point, at least, it's not clear to me. People I know, respect and trust have expressed their admiration and confidence in Duran and I earnestly want to share that trust. A start would be getting the Waterfront Settlement Agreenent signed. Another good sign would be the wlingness to include a fair employment practice statement in the Strategic Plan as at least 3 Council members have requested. Trust must be earned.

Lori you talk about the council/manager form of goverence as if it is the best way but many well known cities are charter cities among them are Oakland, San Francisco, Napa, Alameda, San Mateo, Berkeley, San Jose. All those cities have charters. The questions about Steve Duran has to do with the perception of cronyism which was a big problem with Olivia and the old council. It was that perception and his lack of communication with either the council or the public as to why he chose this new financial director that is the problem. I also feel he does not have the same vision for the city that many in the coummuity have he is fine with big box, gas stations and rental appartments on the city owned property and has not completed the waterfront aggreement which is a big issue for many. I don't think any of us should put are trust into either the council or the city manger until they earn our trust. By open communication he could have avoided the current mistrust and scrunity that has come his way I question his political accumen he doesn't seem able to communicate directly or look people in the eye. Personally I always thought Hercules deserved a seasoned City Manager one who actually had been a city manager prior to comming here. The city has a long history of not hiring someone with prior experience that is a shame. Mr. Durans job with Richmond was running RDA and negociating with developers to build within the city not running the city.

Thank you Lori and Jerald for your support. I am very disappointed with the the handful of people who have been writing on the Patch recently with only criticism, accusations calls of cronyism and all on this blog. I truly believe that's the new council, the new city manager and the new finance director are doing the best they can with the basket of rotten eggs they got. Why are people complaining about safeway? Do they not understand no businesses want to come to hercules? The current council did not buy that land at top dollar others did. It needs millions of dollars in utilities and soil removal. Not to mention deed restriction issues. WE NEED tax revenue, how do they think that will get here?

Also, it is very easy to arm chair quarterback. You cannot please everyone, the council must do what is best for the city as a whole, not for part. They are doing their best to stop us from going into bankruptcy and need our support. Remember they did not get us where the city is at and I believe that they will watch the CM and finance director closely unlike prior councils. Please lay off and let them do their job. If you are not happy then stop griping and run for council. It is a whole different ballgame when you are on a council. Mr Durean has my complete support.

Hopefully in the future a new and more thorough process will be made mandatory by newly adopted policies.
But I object to the idea of a "Financial Director". The big title brings big salaries and benefits. A Big Title brings the concept of an inordinate amount of City Hall's self importance and power. I wish the process had been the vetting of accountants (little A) with the appropriate background in municipal budgets. Perhaps a title that has CPA (capital C P A) attached would be good as long as it did not bring along with it some false sense of importance and cost. The Finance Director (capital F and capital D) will be producing and managing the city budget. This is about $12M per year. Back out the required police budget of about $7M and the Park and Rec's of about $2-$3M and you are left with a couple of $M of other stuff. Back out the now dead RDA and you are not left with much to worry with. It's important but come on we are a small and broke community.
My point is government seems to inflate it's value with lots of Titles (capital T) and lots of inter-agency acronyms to fluff up its perceived value.
It is to late now. We have a Financial Director (capital F and capital D). But at least we do not currently have an Economic Director or a Planning Director. We still have a Recreational Director and a Deputy City Manager, not that their jobs might not be important, but enough with the Titles and the fluff that comes with them.

One individual did step up to serve the community as a commenter has suggested. They were rewarded for their efforts by an appalling display of arrogance and contempt by our new City Manager. Such a display is tantamount to an act of insubordination.

Having said that, I am grateful that we have him as our City Manager, but he (as we all do) has a few lessons to learn. I understand we need to give him room to do his job. I am impressed with much of the work he has done thus far and am grateful to have him as our City Manager. He appears to have the right stuff.

His selection of Finance Director appears to have qualifications consistent with FD's from other cities of similar size. It is unfortunate that we had to look elsewhere for the criteria for this position, as our city failed to articulate the requirements ahead of time, hence the additional suspicion.

Having said that, the citizens have a right to transparency and reassurance they seek. Our city has been run into the ground by thieves. Some have even engaged in deceit for purpose of getting elected to office. When will it stop? In short, we cannot be faulted for our distrustful nature.

Our City Manager needs to meet us half way. And yes, we need to do the same. Next week is a new week. I look forward to trying it again.

In the mid 80's Herculeans changed the form government in the City from a Council Form to the current City Manager form. In a Council form of government, the Police Chief, City Clerk, City Manager, etc. were hired and fired by the City Council. It was ripe (and blooming!) for corruption.
The key to having a city run without corruption is US as citizens vetting those who are elected to represent us! (We have missed the boat on this with Boulanger who is sitting on the Council presently)
The CITY COUNCIL hires the City Manager who then hires the remainder of city officials/positions, including the Finance Director, etc.
The City Council has the control because they hire and fire the City Manager. If the City Council is doing their job, they are watching what is going on with the city through the City Manager. If they hire well in this position, the remainder of the city offices will be properly run.
It all begins and ends with the City Council and that is OUR job as citizens to make sure those on the council have good judgement, are trustworthy/honest and with the trust place in them by the citizens, carry out their duties responsibly.
When the City Council hires a City Manager they, too, need to do the vetting. When they do a bad job, we as citizens have the power to replace them -recent recall.
Citizens elect competent City Council who hires effective City Manager who manages city well.
Fellow Herculeans, it's who we elect that makes the difference!

Exactly right! Well said.

Thank you, Ms. Chin. I agree with you. Mr. Duran was selected from many applicants in a well-documented and transparent process. Now, let's let the man do his job! I support the City Manager, the Council Members, and city staff. I believe they are honest and dedicated people who are working very hard in a difficult situation. They deserve some positive feedback for a change.

It is amazing how a brand new and oh-so-promising "reform" council could blow so much of its political capital so quickly.

"Carol" doesn't want us to criticize the Safeway/GasWorld scheme, but he/she forgets that, back when Valstad & Ward were still able to do harm, they were in discussions with Walmart BUT word got out and an avalanche of citizen disapproval killed the proposal before the valico council could get away with it. Everyone understands (anyhow, everyone who wants to) that the complaint is not specifically about Safeway and their 16 gas pumps, but about the process whereby the scheme was so far along before the community was brought in on the secret. Maybe Hercules wants a Safeway, maybe not; NO ONE wants council members and CM sneaking around in the dark and preparing surprises for us. At least one of those surprises, the Mastay appointment, was a fait accompli before we even knew it was an idée; worse, the city manager is not willing to even discuss Mastay's ascension to finance manager because that would constitute "interference" with his duties. We've already had one council/CM who considered the community to be a nuisance. True, valicolivamoto (and their enablers, Ward and Kuehne) had to go for ethical reasons; but they had other bad habits, opacity was one of the worst of them, and why should we be putting up with this again?

The election is in 8 mos,17 days. That won't affect Myrna & John, but they appear not to be the problem.

In Sept when Duran was hired, I commented that the sharks would start circling in 30 days and an all out attack would happen in 60 days. Well, it took a little longer than I predicted but here we are. A select few who have no clue on how a city runs is rabid, yes rabid, on their attacks on a CIty Manager who is doing his job. He hired an extremely competent professional finance person who could step right in and do the job. None of you know what you are talking about when you post about the job of a municipal FInance DIrector. Call around to 5, 10, 50 other cities and you'll not find one CPA - different skills, different job. Citizens don't get to pick staff. End of story, let it go and let staff do their job.

As one of the louder sharks, I want to make clear that I have no personal criticism of Dan Romero. Except for Lori Romero, I may well have been, and may well yet be, Dan Romero's most fervent supporter and advocate. For 8 years (9, now) I've been impressed by his dogged and underappreciated support of the rights and interests of the people of Hercules. That's way too much of a stellar record for me to even remotely consider turning on him now. I am, though, disappointed by the opacity which seems to be, at least in part, due to the actions of Dan. "Seems" to be. That's the problem with opacity: one never knows what is really going on. At this point, I remain intensely loyal to Dan, and I assume that, whatever he's doing, he's doing for a good reason. Awaiting future developments.

As for the others: I have absolutely no criticism of Myrna or John. Bill Wilkins: I don't feel I know him. Pinocchieaux: well, I once thought I knew him. Since his very presence on the council is illegitimate (given that his election was obtained through proven fraud), I will always be a critic of his, regardless of what he does, because his shameful assumption of an office to which he is not morally entitled, thereby damaging the credibility of a council which (given what we've been through) absolutely needs credibility, is not forgivable. Steve Duran? Dunno. It's not looking great so far.

Don't like the secrecy, but I'm with DanMyrnaJohn

Glenn - I am with you! I will NEVER run for anything either. I want the transparency too, I just want people to let the council at least try - it is not easy being in their position and I get that people are frustrated and that people are very untrusting of our elected officials. But, they have a huge mess, and they need to be able to try to get us out - and unfortunately that means that some of the decisions will not be what everyone wants. And, as I said above - I am completely surprised that we even found someone willing to take on the finance directors job - knowing she may not have one in the near future. If it were me, I would pick someone I knew could do the job, who I could trust and I trusted to make honest decisions and what is best for the city. I think we need to give Mr. Duran a her a chance, albeit with watchful eyes. This is not the same pony ride as the Olivabalico era. They have a heck of a mess to get out of and have the feds and state breathing down their back. Give it some time and patience.

Much of this mess would have been avoided if folks had followed Mr. Rubio's words regarding the appointment of the new Finance Director, "It is way better to err on the side of too much information than too little."
He said this respectfully. Mr. Rubio is a class act in my book.

I'm generally in favor of the Safeway coming if it is like the new El Cerrito one but I did notice today in Concord the new Safeway near the mall had gas pumps and cars were backed up with about 12 in line. It is frequently like they in Vallejo as well. How would that impact SP Ave traffic?

Carol,
We will never know if others would have been interested in the job or not since no one had an opportunity to compete. Duran picked someone he knows and trusts and she is apparently willing to leave Richmond to help him out. Would she have applied if he hadn't asked her? We'll never know . I guess if anyone out there feels they were denied the right to compete under the fair labor laws they can always sue. Yes, we do need revenue. But you understand nothing will be forthcoming from any negotiations for probably 3 years or so. Re the Waterfront, private investors and both federal and regional agencies are very interested in what Hercules will do about the Waterfront. phase 1 funds are all coming from outside sources and without phase 1 there will be no phase 2. The City and the region stand to gain tremendously from those revenues- if it happens. But revenues from apartments won't help Hercules. Safeway and gas station revenues will offer some help but nothing by comparison. And it won't help us now.

Here are some examples of how other cities advertise the job position of FD. The first link even describes a hiring interview process. As our new FD is also the new head of HR, I wonder if they have any thoughts on this hiring process that they themselves are part of.

http://www.ci.capitola.ca.us/capcity.nsf/vLookup/financedirector/$file/financedirector.pdf

http://www.ci.medina.mn.us/employment/Finance%20Director%20Job%20Description,%202.15.2011%20approved.pdf

Phil,
Regarding qualifications and expectations, would it pique your interest if I told you some city staff do not possess the required qualifications listed on their posted job description and that they are being compensated the full amount for that position?

Regardless of the qualifications sought and the expectations set as you mentioned, all job descriptions should accurately reflect the qualifications of the staff currently employed by our city. Aren't the salary surveys that are used to justify the employee's compensation based on what is stated in these documents?

It doesn't seem proper to pay someone full amount for qualifications they truly do not possess.

Georgio,
Good work. For those "select few", "rabid" ignoramuses of us, I found your research both relevant and informative. Perhaps Frederick ,would care to offer up his expert opinion on the posted job idescriptions and their accuracy. My concern is for the "select few" who had the gall to ask for transparency and fair labor practices. Why would such a request be interpreted as not showing support? Is it an unreasonable request ?The over reaction to the suggestion does raise concerns that heretofore did not exist.

Frederick
Thanks! Now that was useful information and no personal insults attached , I actually agree with you on almost all points. I was not the one suggesting a CPA as I have no knowledge of what the job requires although Georgio's posts were very interesting. Bill Wilkins also stated what he thought the requirements should be at the Council meeting before last. My concern, and I keep repeating it, is the need for an objective transparent process that does not give the appearance of cronyism. I think Hercules has had about all the cronyism it can take.

Phil what seems obvious to me apparently is not always so to the powers that be in Hercules. It seems to me if gas pumps are accessible from SP Ave directly it may spill out on SP Ave and cause backup although there are two lanes. To me, the building opposite the lot is too large of a scale for the neighborhood.

Myrna called for a performance review of Mr. Duran and even Mr. Duran said he thought "a midterm review was a good idea" yet the council put it out 2 months. I think a performance review is in order and support Myrna and hope other councilpersons will consider her request sooner rather than later. Feb 24 meeting would be good.

Toni - here you go again~ from what I saw at the meeting, Myrna asked for it and the mayor said - it is on the upcoming agenda. Makes me wonder why Myrna did not read the upcoming agendas before asking but whatever. Now you are complaining that its too late???? Its has not even been 6 months. Frankly, I think nothing will make you happy

Carol,
Please help me out here. Why is it not OK for Toni to criticize, Duran, but OK for you to criticize John and Myrna? In my view, I think all opinions should be respected.

@ Carole Susan's question is a good one but since I am not one to mince words here I will take it a step further the reason you are defending Duran and hating on Myrna is that your good friend Dan has some sort of ongoing fued with Myrna and you are helping his cause by always trying to criticize her and defend Dans postions which right now is blindly following Duran and defending his actions. So there you go! Hate on!

@Carol,

Still want to post on Patch? Didn't think so.

Quite frankly, I would understand if Steve Duran decided to resign. He was handed a financial disaster caused by years of alleged malfeasance and corruption. He was provided with minimum staff and, when Nickie Mastay was hired, some residents cried foul despite the fact the City charter allows him to do so. And there are the FBI and State Controller investigations, both of which are daunting. Here we are, six months later, still teetering on the brink of bankruptcy. Duran has been relentlessly criticized and ridiculed. And the cries of "I want, I want, I want" continue to echo through the City. It's like listening to a 2 year old throwing a tantrum at Target.

@Mr. Duran, I wish you well. As a 29-year resident, former City volunteer and former employee, you have my support. In my world, the inmates do not run the asylum.

People need to understand the problem with Duran is deeper then just this appointment. He is as damaging to Hercules as Olivia was, only in a different way. He is setting the "vision" for Hercules just like Olivia did. Only Duran's vision is one of gas stations, Safeways and apartments not towncenters and affordable housing. Each vision isn't the vision many citizens have for Hercules, Both ingnored the waterfront and both will ruin Hercules for all time. Olivia by a ponzi scheme of poor real estate investment and strange bookeeping. Durans vision will have Hercuels loooking like Richmond or San pablo it won't be the vision that we bought into and have tried to nuture. Many of us feel helpless as we watch our city become mundane and ordinary. I am angry that I helped to vote in the council only to see them abdicate their duty and hand it to Duran. it is the council who should have the vision and the CM should impliment that vision not set it. The council needs to tell Duran what will be acceptable development and then have him work to see that vision realized not the other way around.

@Toni,

You're correct. The CM doesn't set the vision. Neither does any specific group of homeowners. Swallowing the KoolAid wasn't such a great idea, was it?

Annie - you are right - why even bother on the patch anymore. It is truly a select few that want to critisize - and at Susan - I critisized why John and Myrna held something back that would HAVE HELPED THEM. Its odd. Seems like they are the golden children. I dont really care - I am willing to give them a fair shake but honestly - my whole complaint about that meeting was the length of time they went over and over and over the issue - all the while having information they could have given to the city attorney to help - so to me it is not the same.

Annie - I think they need to just drink the koolaid - nothing will ever satisfy them - unless THEY choose the CM, the finance director etc. I dont have any issues with the ad hoc committee -and all the other ones, but they are only advisory - THEY DO NOT GET THE FINAL SAY - to me they want to be bigger than the council or the city manager - if they want that, then run for the darn council. I am tired of this. I got kids to get up and deal with...Thanks Annie for all your service at the city. I know you know how bad the situation was and is now - must have been awful to work there. If Duran quits, I do not blame him - I WOULD!

Carol,

Thanks. I've lived in Hercules long enough to know that it will always be a bedroom community and not Shangri-La by the Bay. Mediocre? Perhaps. Safe? By today's standards, yes.

I enjoyed working for the City, even at the end. Even though the rank and file received no severance pay, at least I left with my integrity and honesty. Best to you, Carol!

Why are people opposed to criticism and expression of dissatisfaction? This is still America, yes? Mr. Duran is a public employee. He knows this goes with the territory.

If he doesn't give a hoot about what some of the council members think, why would he care about a very small number of the citizenry? Resign because 10 out of 25,000 citizens are protesting? I do hope his skin is thicker than that.

He should only be concerned with how he is perceived by his 5 supervisors. The rest of us he can ignore as I am sure he has.

Why is it that the only people that get to have any say on the Patch are the anti-growth, anti-waterfront people. It seems that any time someone suggest that the city needs an urban center, like the waterfront plan, or some sort of quality condo complex at Syc N, or a better planned use of Parcel C or Safeway Crossing a select few come out and disregard what anyone else has to say. It seems that when someone wants to make a positive statement about good growth in the city all of the anti-growth, anti-waterfront people just criticize in hopes of stopping what others have to say.

What I like about Kool-Aid is all of the flavors. Let's see, there is:
1. The anti-growth Franklin Canyon Kool-Aid
2. The anti-big box Walmart Kool-Aid
3. The anti-Szabo Kool-Aid
4. The Waterfront Initative Kool-Aid
5. The Anti-Tax Kool-Aid
6. The Anti-Oliva Afforadable Housing Kool-Aid
7. The Anti-Firing of Charles Long Kool-Aid
8. The Save the Librararian's Job Kool-Aid
9. The We Need all of the Police we can possibly afford Kool-Aid
10. The don't let the Teen Center leader go Kool-Aid
11. The Save the Public Support of Day Car Kool-Aid
12. The Recall the Council Kool-Aid
13. The Tear Down Syc N Kool-Aid
14. The No Gas Stations on Safeway Crossings Kool-Aid
15. The Save the Senior Center Kool-Aid
16. The We Must Have an ITC Kool-Aid
17. The Save the Pay at City Hall Kool-Aid
18. The No Growth for any Reason Kool-Aid
19. The Give Money to WCCUSD Kool-Aid
20. The Give Money to Doctors Medical Kool-Aid
21. The Dan's Right Kool-Aid
22. The Myrna's Right Kool-Aid
23. The Whole Foods is better than Safeway Kool-Aid
24.The Get Rid of the Corp Yard Kool-Aid

I'm sure the rest of you can come up with a few more.

Phil,
I'm happy with a lot of those flavors, pretty impressive assortment.

I'm glad to see our new CM and FD have been added to the following list for our Redevelopment Agency, but why are some of these other folks still hanging around?

http://www.calredevelop.org/Programs-Home-Ownership-Assistance-Program/Hercules-Redevelopment-Agency

@ Toni - 1) I do not know Dan Romero. 2) What post are you referring to that got deleted? I only personally deleted one of my posts and reposted it because I had a misspelling. Did the Patch find one of my posts vulgar? I have never name called or used foul language on any post. 3) I am pretty sure I am not the only supporter of the 3 recall candidates thoughts as I supported the recall 100%. I am disheartened that Mr. Boulanger felt the need to lie, never something that should be tolerated, but we have the opportunity to vote him out at the next election if the voters choose to do so. As for John and Myrna - to date they are the only ones that have done something I felt is "questionable". Believe me, when I see another council member step out of bounds - be it Romero, Wilkins, Boulanger, DeVera or DelGado - you can rest assured I will call them on it.

I have a question for you - you say "Dan has had issues regarding their opinion from Cabral" How do you know that? I never saw anything about that in the paper - is this something that was brought up in a meeting because it is the first I have heard about it.

But really, stop assuming as you are 100% incorrect about me. Now it seems you think I am a conspiracy on the Patch! Wow - it never ends.....

one more example of Steve shoving down our throats this appointment. Hey Steve how about updating the rest of the site or at least give us the org chart we have been asking for.

Carol: Myrna has been the one (and only) councilmember who has consistently chosen the ethically honorable path over the practically expedient alternative. From her first days on the council, when she bravely voted (alone) against making Balico mayor ("I am voting my conscience"), she has demonstrated a consistent pattern of doing the right thing, and putting the wishes of the community above the wishes of the city manager or city staff or a voting majority of the council. For me, at least, it is your attacks on Myrna which make you seem like a faithful partisan of a particular councilmember or council faction. I am in no way implying that I have any doubts about the ethics of any other councilmember (except, of course, for Boulanger, who is absurdly unethical). I am saying that anyone who has consistently watched Myrna's behavior since she joined the council would have to conclude that, of all the councilmembers, her integrity is the least open to question.

Fwiw, I was never a supporter of Myrna prior to her taking her seat on the council. I am not blindly supporting anything&everything that "my" candidate does. I wasn't her supporter until I saw her in action. I WAS, though, a strong supporter of Gérard Boulanger. As I have with Myrna, I have judged M. Boulanger on his ACTIONS, not his words, and my avid support for him has turned to avid opposition. Myrna has proven herself trustworthy. Let's concentrate on those who haven't.

Glenn - well said - lets hope that she continues down the path. I am willing to support not only her but John and the rest of the council (yes even Boulanger) because they are what we have for now. I am not sure she is the "only" one who has been ethical and honorable, I think they all have as I have seen nothing (except not turning information over) to say differently (and the exception of Boulanger lying.) I get you don't like Boulanger - but you can vote him out in November and anyone else you think is not up to par. In the meantime I will continue to support the council and the CM.

Carol, I LIKE Gérard. J'ADORE Gérard. He is charming, he can be fascinating, he is a pleasure to be with, he and I have much in common, he and I share many of the same (unpopular) opinions. What I despise is Gérard's presence on the council, and his selfish insistence on imposing himself on the community after making something harmful of his presence. He did something wrong, he got caught, and he was thereafter unfit to serve in a position which absolutely requires public trust. He then compounded his earlier wrongs (and that was a whole matrix of wrong) with schemes to wriggle out of the trap he put himself into. NOTHING I've ever said here has anything to do with whether I like or dislike someone, anyone. Everything I say has to do with whether the individual is serving us or himself, and whether he is serving honorably or expediently.

I very strongly admire Dan Romero, for his consistent pattern of conduct over nine years. Yes, I do like him, very much, but that isn't why I support him. The reason that I support Myrna so openly and without qualification is that she has made herself open to the community. All of the others have been opaque. I personally believe that Bill Wilkins and John Delgado, and very possibly even Steve Duran, have been providing the community with marvellous service. They probably have, but I don't know. They are opaque. I trust openness, I distrust allusion and implication and secrecy. And I like Gérard.

Glenn, well put. Thanks. I get the Gerard thing too, and it is not ideal. I wish he would have stepped down, but he did not so we deal with the cards we were dealt and wait for November when changes can be made.

Frankly, I feel sorry for anyone on the council. It is a thankless job, with very little benefits (unlike when Balico and his gang got lots of dough and lots of benefits) and no one can really understand what it is like to be on the hot seat. This council has been put in a situation where there will be no real winners for some time to come. I do not even know how they will be able to get Hercules out of the mess we are in. I am surprised we have staved off bankruptcy for as long as we have. No decision they ever make will have the full support of the community - look at the recall - Ward and Kuehne still had some supporters. That is why I keep saying to at least try and see it from their perspective and let them try to clean up the mess before shooting the messenger. No matter how much people do not like Duran - he did not get Hercules into the mess it is in.

Carol, for the zillionth time: we are not talking about whether we agree or disagree with the policies of the individual councilmembers or of the city manager. We are talking about the sneaky and secretive way in which some of those policies have recently been pushed forward in private sessions from which the community is intentionally excluded. For Steve Duran, I'm also talking about his treating the desires and needs of the community as "interference". I don't trust ANYbody who wants to act in the dark when conducting public business. I don't (at all) like the scheme for Safeway and the Gas Emporium, but that is NOT what I've been talking about here. I've been talking about the unsavory PROCESS.

The focus of this thread is whether we should "support our city manager". I don't think we should support him unless he lets us know what it is that he is doing and that we should be supporting. We've just survived, barely, a secretive council/city manager cabal. Steve Duran's shadowy ways are the worst possible thing for Hercules now. Myrna's open discussions are the best. Public involvement is not "interference". It is what saved us all from valicolivamoto.

ok

@ G.C. - I do not understand your post about what if a council member etc, are you saying that a council member tried to do something and was told to buzz off? Is this a real situation or is this just an example of what might come. Sorry but that puzzled me.

G.C. - you brought it up, not me, and I don't know what "trick" you mean. If you don't want to tell me - that's fine by me.

I will support our CM and Council when they:
Stop drinking the "we have to avoid bankruptcy by any means" poison.
Avoiding "bankruptcy" by the fire sale of city assets argument is the same as the "debt crisis/American is broke" so lets eliminate SS and medicare argument. One does not relate to the other. First, Hercules is already bankrupt, and, American is not broke. Its all a matter of priorities and greasing palms.
There is a time and a place for filing for bankruptcy protection or RESTRUCTURING THE DEBT. The Key word here being "protection". If you sell off every city asset today, you will not pay down the debt that will continue to strangle this entire city.
It is just a matter of time until our creditors force bankruptcy. The hole is too deep and Safeway is not the miracle cure for many years of corruption and graft on a scale that is simple mind boggling.

For a little perspective:
The entire neighborhood of Bayside, 100%, is underwater and downing. This represents as significant loss to Hercules in real values, tax revenue. The original buyer there were attracted to and sold a model, walkable, upscale community. Guess what? There aren't enough first responders to save those homeowners from the flood of incompetance the city of Hercules perpetrated upon its citizens.
Due to this incompetancy and the fall of their home values, many have had to declare bankruptcy! Oh NO! And guess what? The sun will rise another day!

Whether you like big box Safeway or not, Safeway will do nothing to stem bankruptcy. This deal will not stave off bankruptcy if that's what you think. Even Duran doesn't think that. Not even 50 pumps at a Safeway Mall would be enough to pay down or even make the interest payment on our debts. That 11-14 acres of land will have cost Hercules more than ~$20 mil (with clean up costs and bond interest payments to-date), not including future bond payments and interest, at the time of sale to Safeway for $9 mil. A more than $11 mil loss! It will take more than 20 years at the projected revenue of $500K/yr to even break even on this deal! How is that in any way perceived to be a good deal? Why arent citizens demanding a better deal if they actually want Safeway. You want it so badly you will pay for it for 20 years?

In case I wasn't clear enough, I will support our CM and Council when they stop throwing the citizens under the bus, saving face, at our expense, with crappy back room deals.

Just say no to mediocrity.

Stop the fire sales.

@carol,
Thank you for your previous volunteerism. I'm sorry you have such a negative view of the current volunteers. I think you do them a disservice when you lump them altogether, say you don't want to meet then, accuse them of being angry, controlling and anti Council. In fact, nothing could be further from the truth. I would still like to encourage you to attend 1-2 meetings to see for yourself who they are and how they operate. Most of them, including me, supported the recall and followed that up with working on the various campaigns. I believe a couple of them might in fact end up running for Council. Anyone willing to give that much of theirselves to the City has my respect. I think your derogatory comments regarding folks you don't know does then a disservice,.you might want to know that they all support the Counvil and work very closely with them. Once again, the complaints expressed over and over again are about process, not people.

@ Susan - it would be nice if I also go the same consideration, however, Toni seems to think I had something to do with a post being removed from this blog - at first I thought she meant something I wrote and deleted, but re-read it and realized she thinks I had a post of hers deleted. Maybe she should ask Laila, not me. I am really offended at that. As for derogatory comments - who did i name call? I have been accused of more things on this one particular blog than any other. I am sure that there are many great, caring individuals, like yourself, volunteering now for the city and I commend you for that. The complaints are not about just the process - its the people too. More power to anyone who would like to run in the next election - that's how this works. You don't like the people - you vote them out.

Kool Aid = the slick, hard sell of the New Urbanism community. Pretty pictures and promises of Shangri-La from the former administration and developers. If I want fantasy, I'll visit Disneyland.

Toni - glad it got reposted - and I am certain that Laila assured you I had nothing to do with it. I am extremely happy that you pointed out the other times I mentioned Dan Romero - they were all in the context of using his name in regard to him recusing himself from the Carson Street debacle. It had nothing to do support. The only time I gave Kudos to him was when he became mayor - as did many others on the patch and you are not pointing them out.

As for your comment that was deleted and is now restored - I think that pretty much sums up your feelings. I am amazed that you use the word "hate". Contrary to what you say, I do not hate Myrna or John. I dont like what they withheld, but by no means do I hate them. As for Myrna being woman of the year again - I hope people go back and read that post as they will see that it was not meant as Myrna bashing - I actually said I had nothing against her, but the whole part of having someone be recognized is not to have the same people over again - there are many deserving women (and men) that can and should hold that honor. Not the same ones. I like the new council, and contrary to what you think - I do not know Dan personally. You want to keep beating that dead horse - go ahead.

Annie - we better be careful - TPTB might think we are in this together - even though we have never met. FYI - unlike the others - I am for anything that will get Hercules moving. The waterfront - great! Sycamore North, south whatever - I do not care what it is - we need to move on!!!! I want Hercules to succeed. I am still so angry at what happened with the prior administration, but I do feel like we have individuals now that can help us get where we need to be, and until I see a major discord, I will support them ALL. That does not mean they wont mess up or I will agree with what they do or say 100% - I wont. But I will point it out when I see it. You cannot please all of the people all of the time. It is impossible.

Carol,
No worries. You are nothing like Anti-Annie. I'm sure the powers that be will have no problems differentiating you. I agree we must move forward but in a smart way. This is not the time for rash decisions for the sake of expediency that everyone will regret later.

I agree, Susan. As Selena said, "No fire sales!"

Carol,

I would like to see Hercules succeed as well, but it seems as though we can't get the fourth wheel out of the mud. After living in Hercules for 29 years, I've developed the "I'll believe it when it happens" attitude.

Despite what Susan, Phil, and Toni want to believe, I was neutral on the Waterfront, as was the case with the "upscale" outlet mall planned for Creekside Center. Slick, 4-color promotional literature was available to residents -- and hey, I really liked the gazebo in the center, where live music would add to the ambiance. On the flip side, I was opposed to Walmart coming to town. And here we are, with no upscale mall, Walmart, or New Urbanism by the Waterfront...

Annie,
It's more than time for Hercules to actually do something that will help the City. . They have a chance with the settlement agreement to begin phase 1. We'll see.

It is my belief that most people on this page have more in common than one would think. Number one thing is we all find or found something to love in Hercules.

Last night, I saw a plan for a new downtown plan being presented to the people of San Ramon. Looked just like the Hercules plan. That gave me shivers.

Susan,

You've assured Carol the she is "nothing like Anti-Annie." If you would be so kind as to explain the comment, I'd appreciate it. I am certain Carol would agree.

Have a wonderful day!

Annie,
I'm surprised you asked? After over two years of posting negative Waterfront posts, I'm not sure what you expected folks to think.

Susan - I am not sure it is so much negative - as negative about the reality of it actually happening. I too am doubtful we will get what we want. I sure hope I am wrong, but the fact is there is no money, and Annie has seen first hand (as an employee of the city) what happened to all the money. Her "I'll believe it when i see it attitude" reflects what she has been through. Lots of big empty promises.

Carol, you make a valid point. Even so, we can't just give up.

Sarah - I am not giving up. Quite the contrary. But I do not see how the city can move forward without having a fire sale of some sort - there is no money. How can you run a city without money?

RE: Mythology of fire sales producing money to run the city. Until the city has an agreement with its creditors such as AMBAC, not one cent of the money from fire sales will be available to use to run the city. NONE of those dollars will go to the general fund. The funds will be used to pay debt. No one will benefit from that except the banks that we already bailed out and that wrote the 5% bonds with money they got from the treasury at 0%. Nice. Also, AMBAC is the equivalent of AIG, they both insured CDO's (collaterized debt obligations otherwise known as subprime loans marketed as AAA products) and then allowed the same banks they insured to bet against them. So as far as I am concerned they are crooks and liars.

it isn't whether or not to have a fire sale it is what that sale will bring to our city. You have read Durans report Parcel C is slated for apartments don't be fooled by "residential" that residential is apartments same with Victoria Cresent. Sycamore North is in contract and now no retail, Safeway/gas station is in contract we are no longer talking about what should be on these properties we are only talking about nuance the deed is done. If we don't stop this and get Steve and his band of merry men(the council) to stop the madness it will be too late you will get a big box grocery, 16 pump gas station, and a sea of apartments that will render Hercules a bedroom suburb forever not the town we voted for or the town we invested in just another Richmond, San Pablo, Rodeo. Why wont people wake up before it is too late and the entire discussion is fait accompli.

Would Toni and others have any interest in forming their own Blog site?

The Patch and the council meetings and City Manager reports all serve a purpose in terms of educating the citizens, but keeping the issues straight and where each council member stands on each is not so easy.

Subcommittees and the City Council Meetings strangely enough do not have minutes. I have to watch a video of the city council meeting or rely on the Patch. I do watch the meetings when I can.

I want to know exactly where each council member stands on each issue, but this means sorting through Patch pages looking for voting records, etc. Who is selling me down the river? What is the evidence for this?

Here is my plea-suggestion. For those of you who are so involved, who attend the meetings, etc, please consider starting your own webpage. Post your observations and concerns there instead of all over the Patch comments where I have to seek out this critical information in the midst of a battle field of sorts.

I want the efforts of these folks who are watching our city so closely to not go to waste one iota! I appreciate your efforts. I will even start a website if you want to submit your weekly reports to me for posting. This blog would be different from the Patch because it would consist of reports, not rants/discussions.

Let me know if you are interested. Thanks.

GC I want my rants and discussions here on the Patch because it reaches more people I don't want to be realigated to an off site. There are minutes of the Ad Hoc and subcommitees and you should be able to access those on the city site.
If you want to know where the council stands you have to watch the meetings so far it looks like Dan and Gerard are pro Duran and Myrna and John are questioning his actions and Bill would be a swing vote. Myrna has asked at the last meeting to review Duran and his performance and was quickly rebuffed by Dan who pushed out the review 2 months even though Duran said he would be happy to be reviewed. So I don't get that and people should question why that is being done. As far as spending on a consultant to do a push pull and direct mailers to convience us to give the city more tax money that vote was Bill, John and Dan yes to spend over 60K and Myrna and Gerard voting not to spend the money. Dan is pro Safeway and in general pro business. They all say they are for the waterfront but there still isn't an aggreement with Anderson. Myrna was the only one to question Safeway as to why they were not building according to the plan and was quickly told by Safeway that that plan won't work for them and they this is the only size that will work and it must have a gas station attached. So that is my take for what it is worth I am sure others will chime in.

Sarah,
I'm not an expert in real estate, but the law of supply and demand does apply. So I would think yes, it will hurt us further. And, if the number of rentals becomes greater than the number of home owners., when values start to rise, we will rise at a lower rate than our neighbors. In the long term, Hercules will slowly decline and our values will remain poor. We need retail. The Waterfront, on the other hand, mirrors the national trend away from the suburbs and would give all of us, and the region, a boost.

Been here 8 years now and once again there is a council not interested in what we have to say -- until election time. City Manager unable to tell us what our money situation is?; refuses to explain process used to hire "crony" as Finance Director?; defies Council Member who asks questions, in writing and with Mayor's support? Mayor allows this and treats Council Member like it's the wrong time of the month? Business being dome behind closed doors??

I thought the Sakamoto/Oliva era was over? WRONG!!!!!!

Susan I am a Real Estate expert and what set Hercules apart was the waterfront or the promise of the waterfront. When we bought our homes there was an X factor figured into the purchase price based on the fact that there was to be a waterfront. If you bought in Pinole, San Pablo or Hilltop area of Richmond the homes were less. Without the waterfront and with typical San Pablo corridor development our homes will not compete remember or homes are small lot, not much backyards and close together as opposed to homes in more typical neighborhoods with big back yard and some space between our type of homes only work in context with the waterfront development to complete them. Apartments by nature of a transiant population give back little to a community. Residents are not as committed to the community as homeowners who have skin in the game. The city properties were never intended as apartments they are not zoned as such and to rezone and build as apartments will harm values for a long time to come. Hercules Waterfront and Victoria by the Bay homes are already in serious trouble people are being forced out by the banks everyday. I know in my neighborhood of 78 +/- homes there are only a handfull of orginal homeowners. It is a crisis.

Toni,
Thanks so much for this important information. It makes it all the more puzzling why Oliva did not get this and why there are still folks who are opposed to the Waterfront development. Decisions to quick sell and lose the Plan are really devastating to our future. All property values in Hercules are almost 50% down. Of course the pain is much worse for those who purchased at the peak. Promenade has also been hit with defaults and foreclosures. The future we are trying to protect is not only ours, it's our children's. The Council needs to hear from the residents that they care about preserving the Waterfront. If we want it, we will have to fight for it.

Is Romero the man for the "job" or is he just another Balico?

There's no new Balico YET just like there was no Balico when Balico first took office

Toni,
A supervisor does not change the performance evaluation schedule when an employee has demonstrated questionable or misconduct, including acts of willful disobedience, insubordination or belligerent behavior.

The supervisor(s) is supposed to address the behavior immediately, beginning the progressive discipline protocol. The first incident is usually handled with informal counseling, assuming it is minor.

Here is an example of a supervisor's manual
http://www.documents.dgs.ca.gov/ohr/pom/supervisorshandbook.pdf

This manual also makes it clear what is expected of all employees in terms of conduct.

Regarding this recent incident, the City Manager stated he does not have to defend his choice for Finance Director. He is correct, he does not. He also is not to be subjected to acts of coercion with respect to his appointment process.

He was not being asked to defend his choice. He was being asked to address the possible fall-out of perceived cronyism that the council member would have to explain to citizens. This was a valid concern and the City Manager refused to comply with the request.

The other council members failed to comprehend the implications of the City Manager's actions. This is not about interference with the affairs of the city, but is about the conduct of the City Manager. He refused to address the concerns of one of his supervisors.

Google "City Manager Performance Evaluation" and you will see what is expected of City Managers.

GC
I think a six month review is very reasonable. His contract calls for a yearly review but six months gives a good progress report evaluation. I am still a supporter of our reform Council. Everyone is new, including the CM. mistakes were made and they should learn from them. If he gets a signed settlement agreement that will be a huge positive.

Giorgio, Really??? It's like you are your own little tornado, spinning this thread with a slew of negative overblown remarks about Steve Duran. What is up with that?
@ Susan- What signed settlement agreement are you referring to?

To everyone ranting about the CM and an evaluation consider this. Regardless of the question of Steve Duran's performance, good, bad, great, horrible, right, wrong, positive, negative, with public support, without public support, or any other way you want to view it there is one thing certain.
He has the full support of at least a majority of the council members.
So, there is you review.

I in no way am indorsing any of Steve Duran's actions...but I believe public perception may in fact be clouded...Steve Duran's contract calls for a one year review; Myrna called for a 6 month review, shortly after a heated argument with Steve: could anyone believe, an employee review on the heels of an heated argument, could be unbiased and evenhanded. I believe this would have been more of a public spectacle than a fair review! In this situation I believe cooler heads prevailed. Steve will have his review in due time, but while barbarians are at gate with pitchforks and torches is not the time..

Sarah,
The settlement agreement pertains to the ITC. I'm not sure if you're aware all that land is privately owned? Nothing can happen until the City owns that portion. This is a deal that should have been done years ago but Oliva squandered the bond funds for it. Duran ,Charlie Long and others have been putting in marathon meetings trying to get this done because now the money is gone. It's been very complicated working out terms the owner will agree to.without this agreement there is no Waterfront. So our future is tied up with this. They are really close to success. We will find out on Feb 28th if an agreement is ready for signing!

Richard L: you seem to reach conclusions by hearsay and innuendo. But as one who was there, I would like to set the record straight on a few of your suppositions:
Nothing, Myrna, John, Bill, Dan, the Pope, or President Obama could have said to, or about Gerrard after the election could have changed the outcome. The decision to take possession of his council seat was solely Gerrard's. At a time, when others were making public statements and giving speeches; Dan chose to ask Gerrard to step aside in private. To me, that speaks volumes about a persons character. It would have been easy to lambast him in public, as some did, But that was just political theater, no one held sway over the situation to change the outcome!
About Dan raising eyebrows during a budget meeting: Dan taking the Planning Manager, Dennis Tagashira, to task for trying to take advantage of a new council, may have raise a few eyebrows, maybe even cross some eyes, but, I feel was his right and was warranted. The planning department wanted the council just to okay the increases without any discussion and without a Nexus report, which is required by law. But hiking planning fees 50% was the wrong move and would have stopped any possible negotiations with Anderson/Pacific,
I think you are too easily swayed by hearsay and second hand information. It is OK if you don't like Dan, after all, we can't like everyone, but don't be duped into carrying water for others who are trying to make political points. MORE

Point of correction: Selena.. "Barbarians at the Gate," was a reference to the Bryan Burrough book about the 1988 leveraged buyout takeover of RJR Nabisco. Not a reference to Myrna or her political followers!!! "The woman doth protest too much." (Shakespeare) My point was that this is a political hot potato, and rash decisions and actions at a time of strife could lead to more problems. :)

The tactics one uses when speaking truth to power are not the same tactics one uses when one is the power.
Food for thought.

Richard: the idealism, enthusiasm and rhetoric of a candidate on the political trail becomes hard to maintain when it clashes with the reality of what the the limitations of the seat actually is. Just ask President Obama. Once seated a councilperson must pivot because he is a representative for all the people, not just those who cast a vote for them. Dan is still Dan, but as he matures into his responsibilities he must temper his actions to the dignity of the position. You may still think of him as "the watchdog," but currently he is wearing a different hat. You won't see him jumping up and down during the public comments of a council meeting, but that doesn't mean he won't speak up, when he sees something wrong: example: calling Liz Warmerdam to the carpet for the electronic payment for Sycamore North insurance, without council approval. (I mention this not to disparage Liz or rehash water under the bridge but as an example), Today Dan is no longer a watchdog, but our Mayer.

@ Sarah,
Thanks! I have been attending Waterfront meetings since 2006 and I always hope it goes well! This will affect everyone who lives in Hercules who is a property owner so everyone should hope the same!!!

to me now it is all a mute point. the Safeway/ gas emporium is in contract done deal lets just let the planning commision chose the colors and trim. Sycamore North, now all apartments with very little parking done deal let the planning commision chose the colors. Parcel C and Victoria will go into contract very soon and to apartment builders let the planning commision chose the colors and trim and argue over if it has enough embellishment. Waterfront will also be apartments and maybe a train platform at some date with maybe two blocks of neighborhood retail that is our downtown. It is all a done deal why even discuss anymore. I am deeply dissapointed in majority of council and their lack of vision and turning over their power to Duran. I think we will be talking about Duran like Olivia very soon only for other reasons such as lack of vision, mundane development, lost opportunities and bad real estate deals where the city is giving away too much for little in return.
Myrna has tried to bring up good points but just gets beat down by Mayor and Duran.

Sycamore @ San Pablo is the physical heart of Hercules, it is our Place de la Concorde. But instead of erecting an Obélisque de Luxor at our heart, our council and city manager have chosen to erect a Warehouse des Groceries, avec gas et rental apartments et gas encore. Hercules will be a nice place to fill a gas tank or a refrigerator, but not much more. What could have been a unique town with a unique character will be just another faceless Shoppington. I don't think we'll have to worry about being overrun with tourists. People with errand lists, sure. Council actions taken behind closed doors, without consideration of what the people want, can kinda wreck the place.

This thread has had 180 posts already. That may be a record. This seems to be important to the community, enough so that the council should consider listening to us, and doing so BEFORE acting, and setting their actions in concrete.

@Michael,
Actually, the special election in which the newest three Council members were elected was in June, 2011. Perhaps it just seems longer. We will all have another chance to vote in less than a year, however,and those who care enough, should vote. The lawyer issue you spoke about is not as you have stated. The issue had nothing to do with Patrick. Last year a private citizen communicated with Cabral extensively and Cabral billed the city. That was inappropriate on many counts. The City Attorney represents the Council, not the City as you might think. His clients are the council members and City Manager. Citizens who have issues should attend Council meetings and present their questions and concerns there rather than involving the City Attorney. Our public funds are so scarce, no single citizen should be the cause of extra bills. In this case, Dan was correct. He was also correct regarding the insurance issue. I have been impressed with his insistence that staff come to Council meetings prepared or they may not get the vote they seek on that particular evening. His insistence on complete reports is to be commended. He also is responsible for discovering Hercules is not getting the same percentage of tax dollars our neighboring cities receive and he is working hard to rectify that. It is easy for us to criticize, but our criticism should be tempered by the facts.

Anyone that wants to see the new Life style Safeway with 16 pumps should visit the new store in "life style" store in Pleasant Hill, near JC Penny's.

Why has Michael's post been deleted?
Seems I have a new nickname: the hatchetman! has a nice ring to it. How did you know I'm a Sicilian, Michael? As Susan said, don't let the facts get in the way of your tirade! More sour grapes? I think so!

Ah ah! I found it! Thanks Susan

@Glenn,
If Duran can get the Waterfront kick-started, finally, with a settlement agreement, that is success for the entire city. IF the Council can please work together to ensure the Safeway deal is done in a way that makes sense, with NO gas station, I think that is success although personally, I would prefer it to be located on Parcel C. IF the Council can get SN sold, finished, and the new owner does NOT turn it into a ghetto, that's success. Bottom line, actually, is its the CM that does all that, not the council. The council has to approve/disapprove and provide oversight. And its the public's responsibility, ours, to make sure our representatives represent what we would like to see. We live here. Once things are built, its too late to complain. And Safeway is not a done deal if the Deed Restriction can't be lifted. This will be a good time to find out if our Planning Commission has any teeth! In the meantime, I will keep trudging to City Hall to plead for transparency, including the public in its decisions, respecting us and our right to speak, and hopefully listening and taking our concerns seriously enough to alter decisions.

@ Glenn,
That's funny! I just imagined you moving into Safeway - bike and all! How that intersection looks is really important. This whole Safeway thing is going to take years and it has to get past the Deed Restriction,an EIR, community meetings and Planning Commission. Nothing is a done deal until its a done deal. I'm with Yogi Beara (sp?) - "...it aint over till its over...".

If we hit 200 comments do we get a prize?

Sue, a couple of points:

-if the Waterfront ever happens, it will be a success for the people who live in that neighborhood, not "for the entire city". The planned Waterfront is off at the edge of town. The true center of Hercules will be mild cheddar and Ben & Jerry's, vast fields of asphalt with a forest of gasoline pumps and convenient parking for s.u.v.'s., and a hideous traffic mess which we will have to endure every single day until forever;

-as for it being our responsibility to ensure that "our representatives represent what we would like to see", that won't be easy if the council and city manager continue to concoct projects in secret and then pop them on us as faits accomplis.

The preservation of participatory democracy is more important than the avoidance of bankrupty. Really.

Michael; You say Dan appears to be angry all the time, I say he is passionate when it comes to this city which he loves. Why else would he suffer all the verbal abuse.
Only after I'm sure you've drank the kool-aid, can you see the "curriculum vitae".
You place too much power on my views! I'm just a citizen with an opinion, just like you. :)
P.S. I do have some additional conspiracy theories I'd like to pass by you.Maybe over a cup o joe?

Those of us that live in Bayside and walk the marsh/road to nowhere on a daily basis do not see parcel c as a big box or Safeway alternative location. That is at the end of my block. I personally do not want it there, next to what should be parkland and running trails next to the creek. It is still directly adjacent to Bayside. WE do not want Safeway/Gas land by the bay. We want peace and quiet. I personally would support housing there, but not high density since Andersen already has that in his plan. Townhouses would be great, like those on railroad with small shops and cafes with out door seating taking advantage of the views. But now I'm dreaming again.

Glenn,
Do you have any idea of what it is like to scroll through over 200 blogs to get to you? I'm.not sure if the original City Plan meant to take away from the Waterfront but New Urbanism's intent is to get us out of our cars. And I know you aren't thrilled with Le Lucky's!
I'm outta here.

"I do not have to, and will not, defend my
decisions or my processes for hiring the best people I can." Sincerely, Steve Duran.

Ok, I do not have to, and will not, defend my protests against your actions, Steve. We're even? Cool.

Toni,
Who is Jeff Wisniewski? Just an average citizen or has he previously served in some capacity with our city government? Was he on the Planning Commission? I also see he has a blog and speaks at meetings, but other than that, I know nothing about him. Thanks for any clarification you can provide.

G.C.,
Jeff has been very involved for quite a few years. What you have seen at meetings is Jeff. He did serve on the library commission but not the planning commission. Jeff was involved in several ways in the Waterfront Initiative and the recall. His blog has been one of the more influential means of public communications that Hercules has. Here it is.
http://www.waterfrontwatch.org/
As long as you are wanting this information I would like to ask the same of you. Have you served on any Hercules commissions. Have you ever attended or made comment at any council meetings or other Town Hall, planning, or ad hoc committee meetings? Not that you need or have to but as a matter of record for those follow the various blogs here on the Patch.

Most of my interest has been education. I am looking at running for a spot on the WCCUSD school board this year, so I attend relevant meetings.

What I witnessed where I taught was nothing less than criminal. I do not stand a prayer of getting elected, but I will deliver my ideas, backed by experience and observations.

I took an additional interest in city governance with respect to the Carson St. slide matter, but cannot say more about this matter at this current time.

I have a 3 year old that prevents me from attending most meetings, but that does not deter me from getting involved. For example, if you followed last year's discussion on outsourcing the after-school childcare program, you will see that it was me who (from my home), requested we (parents, city council, etc.) review the City's Request for Proposal document to ensure that parents would continue to get the clearly defined deliverables as stated in the Scope of Work document that they have come to expect.

This RFP document was then published on the Patch, and used by all stakeholders. We staved off outsourcing for another year. Thanks to the internet, even volunteers can telecommute.

I also took the time to report Mr. Boulanger to the state authorities.

At the recent WCCUSD safety meeting, I spoke so frequently, resulting in one attendee to comment "Oh no, he still has more to say." Always do.

Councilman Boulanger,
I am inclined to ask you to step down.

I gave you a chance for one reason only, that being the impassioned plea from Mr. Guadagne during a city council meeting. His words told me I needed to do better as a human being, that I needed to forgive you and give you a second chance.

This past week, a sensitive matter was brought to my attention by another council member. I contacted the city council, sharing with them my thoughts and concerns. I received a reply from 2 members, including you, who attempted to explain to me that what had transpired was fair and just, within the realm of protocol.

The problem was I couldn't get past the election campaign dishonesty. And the other council member appeared prejudiced.

You said you have 3 degrees when you have none. It is ok to have no degrees. I struggled for 10 years for my one degree, fighting many obstacles in the process, so I was pretty sensitive to your embellishments.

I do not doubt that you are a decent human. You take the time to get involved as evidenced by your previous participation in the Hercules's attempt to secede from the WCCUSD. You even take the time to contact citizens like me. But when the chips are down, the trust just isn't there.

I need to trust our city council 100%. I hope you understand.

I moved to the Bayside neighborhood of Hercules partly on the commitment of future development around my new home that includes Sycamore North, Sycamore Crossing, and Parcel C. The development plans for these areas appealed to me because they departed from the traditional development models of big box stores, strip malls, and roadside shopping centers, all serviced by large asphalt wastelands (i.e. parking lots). Those kinds of development models appeal to residents who do not wish to be part of a vibrant, walkable downtown area. Those residents prefer to drive to wherever they shop and work, with little interest interacting with or appreciating the aesthetic or design values of their community and its built environment. However, the residents of Bayside (and the other neighborhoods further west) moved here with the intention of belonging to a community that returned to a more diverse, dense, and sustainable development model – one that emphasizes pedestrian circulation over automobile circulation, piazzas over parking lots, human-scale storefronts over big-box megastores, and attention to architectural refinement over banal aesthetics. This commitment has been repeatedly questioned and tested over the past decade by individuals in the community and government, but the will of these neighborhood residents (and a majority of the city at large) has remained firm.

The charrettes that have taken place over the years and the backlash to the Wal-Mart, Bridge Housing, and Szabo plans should provide ample instruction to the city about what the citizens of Hercules expect. These expectations are embodied in the heretofore adopted development plans for these and other areas west of San Pablo Avenue and represent a city-wide desire to have new urbanist principles embraced by our community.

The recent revelations that there will no longer be any retail component to Sycamore North; that Sycamore Crossing will no longer be a diverse mixture of residences and moderate size businesses; and that Parcel C will be given up to yet more residences with no retail component is troubling. This would mean a betrayal of the will of the people as expressed firmly and repeatedly over the years.
The lack of transparency in how alternatives are being considered and decisions are being made for these parcels have only served to endanger the future prospects of any progress in developing these areas, and have called into question the legitimacy of the Council’s conclusions. They take great risks of wasting the public’s time and money by negotiating, discussing, and deciding these important questions in closed session, when it is possible that the very notion of these proposals will be rejected by the people.

I understand that the overwhelming fiscal problems facing the city subject us all to being dazzled by dollar signs paraded before us by developers.

We are tempted to scramble for whatever income we can find by selling everything we have. But I would implore us to be suspicious of any information fed to us by these developers regarding projected tax revenue or the infeasibility of developing these parcels according the existing development plans. Their only real concern is squeezing maximum short-term profit from their investment. How their proposals will benefit or harm the long-term quality of life for Herculeans is not part of their calculus. Financial distress will entice us to stray from a nobler vision of what this city could be, but if we turn our backs on this vision now, we can never go back, even when the economy improves. If we can just stay the course and hold true to our vision, we will eventually get the city we deserve. It will never happen if we commit ourselves to mediocrity in times of trouble. Mediocrity is better to avoid than to outgrow. This land is our leverage to future prosperity. Don’t sell it short. If we sell out for an expedient solution that may put a few million dollars in our coffers now we will all loose so much more in community-enriching development that could have been, but never will be. Doing so would be squandering this investment and condemning the citizens of Hercules to obscurity far into the future.

I urge the council to:
• Be transparent in your decision making process, allowing ample input from the public in the earliest stages of any deviation from the previously approved development and design plans.
• Adhere to the spirit of the adopted development plans which emphasize design along new urbanist principles that are human scale, pedestrian-oriented, and architecturally compatible with the adjacent neighborhoods.
• Do not sacrifice our long term goals for short term financial gains. To do otherwise is a Faustian bargain that we will all live to regret.

Douglas,
Well done. Can you restate your comments in Hector's new Letter to the Editor, this blog is a few days old and over long now and I think your comments are too good to be missed! Thanks!

Maybe former Mayor Joanne Ward was right, "right" being consistent with Mr. Bright's analysis. I believe Mrs. Ward said we should put the brakes on these projects until we could do them right. But we really do not have this option, do we?

GC why stop progress? Be involved and voice your opinion on what you feel is right for the community as a whole and not as an individual and I think moving forward collaboratively will get excellent results all around. Just my take and hope to hear from you some day via my personal e-mail.

jerryp1969@yahoo.com

GC: I would like to have a positive offline conversation with you and express some ideas on the forward movement versus a nay sayer stall.

510-703-9862 cell
jerryp1969@yahoo.com

@G.C. - Joanne Ward's fault was putting the brakes on the wrong projects. She spent years putting the brakes on all waterfront development, the one project that nearly all Herculeans wanted, and the one project that would have brought financial security to this town. Meanwhile, she accelerated all of the projects that have been disasters for us.

Billy - Dan Romero SHOULD have removed himself from any vote regarding your subdivision, just as Bill Wilkins and Gerard Boulanger did in their subdivisions. I see you are not talking about them. That is very interesting. Feel free to rant as much as you want - no one is taking away your right to free speech. Just because you can say something, doesnt mean you should. No one is unsympathetic to your plight, but I do not understand what you really think is going to happen. I have asked you many pointed questions, all of which you have ignored. You just show up and start saying the same thing over and over and hoping for a different outcome.

Carol: You know, I can read without glasses so you don't have CAPITALIZE it. Who's the ranter here?

OK. Let's accept your argument that Dan should remove himself, as well as any other council member, from the concerns of their HOA neighbors with respect to issues within those HOA's, wherein they all reside. As a voting Hercules citizen, I, as well as 290 minus 5 RHHA households, have a right to remove our votes for any city council candidate who we know won't be able to represent our interests in our little corner of God's Green Acres. Fair enough?

Dan stated to the West County Times on June 4th, '11 when running for council that he was our HOA's vice President before. Why would Dan put this connection to us in his resume as if it was a big plus as candidate Romero, when as it turns out that as councilman Romero he must disconnect himself from the affairs of our HOA? Makes me feel cheated.

Is this HOA recusal rule in the city playbook, or was it just pulled out of somebody's magic hat?

We brought up this problem at past city council meetings long before there was a Patch; many years ago at the very beginning of the problem. I didn't just show up on the scene last year when mudslides & flooding threatened my property.

I think that you understand what I think is going to happen. I think that the city is going to enforce it's nuisance ordinance to ensure that this HOA does what's right by the homeowners here on Carson. It's all I've been asking.

Billy - you were on the board that signed the agreement with the developer to take over the land, not be able to sue them, in return for $$, I have not yet been able to find out how much $$, and now you are crying foul? I bet you wish you knew what you were getting into. I do not believe that Mr. Romero was on that council. As I have not yet discovered that. I have the names of the board members at the time - and it was you, not him. I bet you wish now that you were not on that board, and never agreed to that. His recusal is an absolute must!

Let the city try to force whatever they want. It is not the City of Hercules problem. And, if they did do something sinister, why has that not come out yet? If you have information - bring it out. I have been on two different boards in So Cal, and I am telling you it wont work. The city does not own the land, your HOA does. Your HOA does not own those properties, private citizens do. They are the ones responsible for their property. I am quite certain your HOA does not have the money to fix the hill, and there is not a judge in the county that would force your HOA to fix a hill for more than it costs to buy out the homeowners in the way. I do truly hope that your home is spared, but you are going about this the wrong way.

Billy..,,,

a. - "a must" is conflict of interest,

b. I have no idea why except for the fact that the city cannot enforce an ordinance on your HOA only the individual homeowners. Why are they not doing? Because that is where they need to start. Not with your HOA.

c. Why does where I served even matter - am what I saying untrue? You still have not addressed my question. This is your MO Billy, not mine. I never predicted the future except for what I know to be evident from MY (yes sorry if you do not need glasses) past and you are wrong. I do not live in your development, I do not have to pay one way or the other, I wish you no ill, but you are going down the wrong path . You want the right way? I am sorry, but in my humble, yet non-expert opinoin - you have none. Sorry but - unless you can prove the city is at fault, which I am asking you to do if you can, then where have you to turn? Your HOA - and I am fairly certain you cannot do anything until you have damage. Although that is unfortunate, that is the reality , correct. You paint me as your enemy, but I am not. I did not create any of this. I am telling you what I see from the outside, and whether you believe it or not, it may be helpful to you in the future.

continued

You want the city to enforce something on the wrong entity. Move towards the individuals who own the property. Please answer one question for me - How do you think your HOA can pay for the issues at hand now - be it your home, the hill, or the other homeowners? Until you can answer that, stop trying to be a bully.

Sarah - its simple he is being a bully. He calls me arrogant? Really? Look back at some of the other things he has said to me. Doesnt matter - he can call me whatever he likes. It does not bother me. No one wants to see Billy's house get damaged or demolished, but guess what - his actions years ago got him to where he is now. Why did he and the other board members at the time sign an agreement with the builder? How much did thy get for that? He wont answer those questions because he knows what he did. Granted no one could forsee the hill would slide, but sometimes in life you make decisions and do things that do not always work out the way you want.

He continues to go down the nusiance path. FIne, he wont get anywhere with that. If he really wants help, he should go to the indivduals who own those homes and go after them. They are the ones responsible for the nusiance. Those homes were sold with disclosures about the hill. I know that because my husband and I thought about buying there when some of those homes went up for sale. Who in their right mind would buy it? Well, someone did now they are stuck. You cannot continue to blame the wrong entity. If those homes had not sold, then the HOA would have no choice than to demolish the homes. Sorry - anyone who does not do their research and buys something like that - well... definition of insanity: keep doing the same thing over and over again and hoping for a different outcome.......

I side with Carol on this. Billy Vogele comes to city council meetings and has posted on the Patch on many different threads. Every time it is the same pattern - He attempts to obfuscate the situation, to deflect rightful blame and responsibility, to demand that the public pay for the cost of damage that is clearly the responsibility of a private landowner. Then the conversation takes a bad turn for him as people start pointing out the truth, and he becomes belligerent and insulting and lashes out at anyone who dares state the truth and undermine his fiction. He refuses to answer any questions that are respectfully put to him because the answers do not comport with the story he desperately needs for us to accept. A bully is a tame characterization of his behavior, and we have been through many tiresome cycles of it.

Carol is just lucky that a landslide or other catastrophic incident didn't occur in any developments of the 2 HOA boards that she said that she served on in So Cal. Or where there Carol? I don't know, its a mystery. Or that there weren't any long-standing lawsuits against the builders in those So Cal HOA's were she served, which were settled before there were signs of any landslides. Or were there any? Again, since Carol is unwilling to share, we don't have a clue.

Nobody has the ability to predict the future, right Carol? It could have happened to you, or to anybody who put their personal interests aside and stepped up to serve their community in a thankless, unpaid, volunteer position like you did.

Contrary to the belief of some, Mr. Vogele has a right to defend himself. Per the state building code, City employees were responsible for ensuring that the development was sound. If the city was negligent, then Mr. Vogele deserves to hold them accountable.

Why is it not ok for Billy to plead his case, yet it is ok for the Mayor to use his position of power to voice his opinion to the citizens? I mean really, let's be fair about this. I know I'm not the only one in Hercules who heard from the Mayor on this matter, in which the mayor shared his strong opinion. I am Joe Public, so sharing with me is the same as commenting publicly.

What I find tiresome is the defense that implies Mr. Vogele deserves what he is getting, that the City shares no responsibility.

@G.C. - If I am part of that "some", then let me point out that I did not suggest that Mr. Vogele should not be able to defend himself. What I objected to is his repetitious lying, belligerence, evasiveness, obfuscation, and unreasonable demands of the city.

And now dozens of times on multiple threads, you have used the phrase "IF the city was negligent." But there is not one shred of evidence even suggested by anyone that the city was, in fact, negligent, and so reciting that conditional phrase over and over does not imply that the city actually does have any responsibility. So far as anyone has been able to determine to date, the city has no responsibility for this whatsoever.

Billy - you are right - my two associations did not have landslide issues but we had other issues. You are still pushing down the wrong path. And, guess what - you do not deserve to have your home destroyed. But - talk about sharing? You have yet to answer any questions I posed. Your HOA board (with you on it) signed away your rights to sue the builder in addition for money and taking over the land. Correct? Now you have issues? Correct? Does your HOA have the money to fix the hill? Did your HOA already try to pass a special assessment to fix the hill and it got voted down? Do you think a judge would force your HOA to fix a hill - assuming there is a fix, for more than it costs to buy out the homeowners in danger? You want to place blame on everyone but you and mother nature.

You have complained to the city about nusiance, it is not working. Go after the individuals who own the homes, not the city, not your HOA. Why can you not understand that? You played an integral part of where your HOA is at right now Billy.

G.C. - if Billy wants to file a lawsuit - he should. If he has proof of City negligence - bring it on. But he does continue to do as Jeffrey said above and it is not getting him any results.

and at GC - please show me where ANYONE said "Ok, so some folks don't like how Billy handled things when he was on the HOA board, but for someone to say that the HOA would have helped Billy if "Billy had been nice"" is because that is the first I have ever heard that mentioned. Billy can be as nice or mean as he wants - it does not change the facts. How would him being nice or mean change any of that????

The HOA has no gain on being mean or nice.. ReallytG.C. that is short sighted. The HOA only has limited funds. If they had all the funds in the world no one would be even talking about this.

I am neither lazy nor stupid. I understand the rules that you and Billy have pointed out numerous times. You still have no case with the city. Your case is with the individual homeowners/banks or whoever at this point owns those properties.

I know you are a vocal advocate for Billy, and I have no issue with that but when you say "Isn't it great to learn that Billy and other Carson St. residents might still have some recourse?" What are you referring to? How do you think this can be resolved and PAID for?

At least a dozen times on different threads here on the Patch I have seen various people ask Billy Vogele directly whether or not he was on the HOA Board that approved their accepting ownership of the hillside property. Even for that straightforward, simple question, he will never give an answer. It is that kind of bobbing and weaving that has destroyed his credibility with me, and I suspect with many others. This isn't about being nice or mean. This is about being honest and forthright.

I cannot believe that you or Billy even think that their HOA board would purposely not help Billy because he was not nice. Give me a break!. That is just absolutely ridiculous. I will ask AGAIN, how can the HOA board help him right now? Why does Billy evade the questions posed to him? We all know the answer - he just doesnt want to hear it.

He speaks openly and publicly, but he keeps refusing to be honest and straightforward about anything. He STILL will not answer my simple question about whether he was on the HOA Board at the time this deal was made. This question has been asked at least a dozen times here on the Patch. He has shown himself to be untrustworthy over and over again, so his public words carry no weight with me.

Jeffrey - give it up - Billy will never answer any questions.

Jeffery: Sounds to me like it matters to you; why you seem to hinge entirely my creditability on it at least a dozen times over. So I am making this all up? So says you.

It is common knowledge that the settlement occured before, and I repeat before, any signs of the landslide occured. You don't believe me? I take it that you are a very skeptical, suspicious, and scrutinizing person, and it probably wouldn't matter to you anyway if you got the answer to the riddle, jeez, that you seek. So if you care enough, go to the public records and see for yourself when the settlement was made, who approved it, and when the landslide occured.

http://youtu.be/HeAV1YgmTZk

http://youtu.be/_NupFxZVHpA

http://youtu.be/IQZ-Roww_ZY

Ooh! ooh! (in my Arnold Horshack voice)
Speaking of credibility and underhandedness and sneakiness, what "web of deceit" was spun on September 20th, 2011, on the following Patch thread?

http://hercules.patch.com/articles/letter-to-the-editor-carson-street-landslide-forces-home-demolition

@Billy Vogele - I have never said that the landslide isn't real. This is just one more of your deflections from the real issue. My point, made repeatedly, is that your behavior is what is "duplicitous, underhanded, and sneaky." Your consistent pattern of half-truths and dodging reasonable questions lowers your credibility with the community. I don't know how to say it more plainly than that. Stop dodging the truth and speak out honestly about what is going on and you will get more empathy.

The city has not ignored your plight. They have investigated it, studied the issue at taxpayers' expense, and made recommendations about how to engineer a solution. The landowner has refused to take those recommendations and now resents that it is on the hook for the resulting landslide. The city has fulfilled its role, and more, and ruled that it is solely the responsibility of the private landowner to fix this problem or pay for the damages.

The city is not ignoring this. You have asked them to take action, and the answer is "no", because the taxpayers are not responsible for this landslide on property that is privately owned. You don't like their answer, so you keep asking the same question over and over, each time with the same indignation, and each time shaded by the same set of half-truths.

Jeffery: You are a liar. Since my ever serving on the Refugio Valley HOA BOD is an obsession of yours, which has blotted out all attempts to make you see reason, I’ll ask: where is it at any time that you’ve asked me if I was ever an HOA Board member? I think you’ve said that it’s been 12 times. So where is it that have you asked me this question?

You have got to be the most insensitive person I’ve ever had the misfortune to encounter on this wonderful forum. So far you’ve equated the nuisance of the landslide to a barking dog; the hazards involved in the demolition of a home which caused a 25 acre fire out here and prompted a multiple agency response, to taking a shower. Now you are equating the city’s enforcement of its nuisance ordinances, which I as a tax-paying citizen should rightly expect, in order to see to it that responsible parties bring this area out of the blight caused by a major landslide which has wrecked 5 homes, to mowing my yard, painting my house, and rotating my tires. Incredible!

Billy - I asked you in posts long ago if you were a board member, I asked you many questions which you refused to answer, so I understand and agree with Jeffrey - I asked them!!! Ok - lets move on - you were a board member, and you signed away rights to sue the builder, and yes, unfortunately that came with a sliding hill no one knew about right? Ok. But now you want the city to take responsibility for something that as of yet, has not been proven as "their" problem. With exception to your nuisance issue. Ok - so here are the facts as I have found and RESEARCHED them. The few remaining homes were all sold with disclosures about the hill - I KNOW THAT AS FACT because I looked at those homes with my husband when they were for sale. I refused to even take the chance. I knew that if the hill was sliding then - it was probably going to continue. We passed. Your beef is not with your HOA, ts not with your city, its with the owners of those homes. Go to them and ask them why they are not taking care of the issue. Those are the idiots that bought those homes. YES, the city is the only entity that can force them to take the homes down, but the reality is - the city needs to fork over the money to do it, and hope the homeowners pay. I bet those people are not even paying their dues. Buyer beware, but Billy - what else can you do:?

I guess you can ask your HOA to ask for them to fix the hill. That would require a vote, and most likely get voted down (as it did before - which I also found out when I was looking into buying there). The city has more pressing problems than your house. I do not mean that to demean you Billy, but frankly they have no money, and it is REALLY the obligation of the individual homeowners to pay that bill to demolish the homes, NOT THE CITY.....Go and talk to the people that own those houses, and complain to them!!!!

This matter is now being investigated by a state agency who has just requested records from the city. If I hear that the city is not cooperating by saying they have no such records in their possession, I will provide information that I have in my possession to the investigator supporting why such documents should still be in the possession of our city government unless they were intentionally altered or destroyed.

Billy deserves to have this matter reviewed by those tasked with the responsibility of preventing such tragic occurrences. The city plays a role in this whether they like it or not.

Dan Romero should stop giving people phone calls, especially those intimidating ones. I remember receiving a friendly phone call from him when I made a comment here in the patch that has something to do with someone he is running against. How he got a hold of my cell number, I'm not sure?

Joseph: Dan Romero has given me an intimidating "friendly" phone call too after I made a comment on the Patch. He told me to "redact" the comment which was merely my observations of him throughout this landslide ordeal. I think that this is unethical for a Council Member to do such a thing, and to hear that he's done this to others doesn't surprise me. I posed this problem to "Carol," whose views, comments, and opinions at every juncture throughout the Patch seem 110 percent supportive and parallel to Dan's (makes one wonder who Carol really is) and she has not answered what she thinks of it. As an American, I expect the right to free speech and privacy to be respected by our elected officials, which obviously it is not in this city.