Hercules City Council
June 24, 2025

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June 10, 2025City Council Meeting Minutes
VII. MOMENT OF SILENCE
The Mayor requested a Moment of Silence for Beverly Parker, a long time resident who recently passed away.

VIII.

INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
Mayor Bailey read both proclamations recognizing Pride month and Juneteenth. There were no remarks from Council.

1. 25-168
Proclamation - Recognizing June 2025 as Pride Month in the City of Hercules
Pride ProclamationAttachments:

2. 25-162 Proclamation - Recognizing June 19, 2025 as Juneteenth in the City of Hercules
Juneteenth ProclamationAttachments:

IX. AGENDA ADDITIONS/DELETIONS
Mayor Bailey requested that the first Discussion/Action item regarding the Bayline Apartment Project, be moved to the beginning of the agenda, ahead of the Public Hearing Item. This was due to the large number of residents interested in making a public comment on Item XIII. The Council unanimously agreed to move the item.

X.

PUBLIC COMMUNICATIONS
Public comment was provided by Allison Peters, Rebecca Ramirez, Wayne Tano and David Chen.

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

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

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June 10, 2025City Council Meeting Minutes
XI.

PUBLIC HEARINGS

1. 25-165 Public Hearing on Proposed FY 2025-26 City of Hercules Annual Budget Plan including the First Year of the Ten-Year 2025-2035 Capital Improvement Plan (CIP) Budget
RECOMMENDATION:

Open the Continued Public Hearing, receive a Staff Report, Take Public Testimony, Close the Public Hearing, and Adopt the following resolutions (Attachments 1-3):

1. Approving the FY 2025-26 City of Hercules Budget Plan which includes the First Year (2025-26 Fiscal Year) of the Ten-Year (2025-2035 Fiscal Years) Capital Improvement Plan (CIP) Budget and making certain designations and fund balance adjustments, approving annual contracts for services in total amount of $7,743,160.

2. Approving the FY 2025-26 Hercules Public Financing Authority Budget Plan Consisting of Debt Service in the amount of $2,023,258.

3. Establishing the Appropriations Limit for the FY 2025-26 in accordance with Proposition 111 and Article XIII B.

Staff Report - Continued Budget Public Hearing & Adoption Attach 1 - Resolution - City Budget FY 2025-26
Attach 2 - Resolution - PFA FY 2025-26
Attach 3 - Resolution - GANN Limit FY 2025-26
Attach 4 - FY 25-26 Proposed Annual Budget
Attachments:

The Public Hearing Item was discussed after Discussion/ Action Item XIII.1.

City Manager, Dante Hall, introduced the item. Finance Director, Edwin Gato, presented. Council asked questions and provided comments. City Manager Hall, Director Gato and Public Works Director, Glenn Dombeck provided a response. Mayor Bailey opened the public hearing. No public comment. Mayor Bailey closed the public hearing. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Kelley, seconded by Council Member Grimsley, to adopt Resolution 25-031. The motion carried by the following vote:

Aye: Council Member Dilli Bhattarai, Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley 5 -
MOTION: A motion was made by Vice Mayor Kelley, seconded by Council Member Grimsley, to adopt Resolution 25-032. The motion carried by the following vote:

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June 10, 2025City Council Meeting Minutes

Aye: Council Member Dilli Bhattarai, Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley 5 -
MOTION: A motion was made by Council Member Grimsley seconded by, Council Member Bhattarai to adopt Resolution 25-033. The motion carried by the following vote:

Aye: Council Member Dilli Bhattarai, Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley 5 -
XII. CONSENT CALENDAR
MOTION: A motion was made by Vice Mayor Kelley, seconded by Council Member Walker-Griffin, to adopt the Consent Calendar. The motion carried by the following vote:

Aye: Council Member Dilli Bhattarai, Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley 5 -

1. 25-163
Meeting Minutes for the Special Meeting of May 5, 2025
Meeting Minutes for the Special Meeting of May 5, 2025Attachments:

APPROVED

2. 25-164 Meeting Minutes for the Regular Meeting of May 27, 2025 Meeting Minutes for the Regular Meeting of May 27, 2025Attachments:

APPROVED

3. 25-160 Annual Fiber Optic Broadband Report
RECOMMENDATION:

Receive report.

Staff Report - Fiber Optic Annual Report 2025Attachments:

APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 25-159 Informational public meeting for Bayline Apartments, a proposed 100% affordable housing development project on Bayfront Blocks F & H (APNs 404-490-102-5 and 404-490-101-7) consistent with State law requirements (SB 35/SB 423) for a streamlined, ministerial review process RECOMMENDATION:

Hold an informational public meeting to provide an opportunity for the public and the City Council to comment on the development prior to the applicant submitting an application consistent with State law requirements under SB 35/SB 423. No formal action on the project will be taken at the meeting.

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June 10, 2025City Council Meeting Minutes
Staff Report - Bayline Public Meeting
Attach A - Preliminary Project Plans
Presentation - Bayline Apartments
Attachments:

Due to the level of public interest and amount of residents that wanted to provide public comment, this item was moved to the beginning of the agenda, ahead of the Public Hearing item.

Community Director Tim Rood, introduced the item. Community Housing Works presented. Council Members made remarks and asked questions.

City Attorney, Christie Crowl and Director Rood provided a response.

Public comment was received by the following people:

Anthony Rangel, Rob Schaufenbil, Michele Silvia, Giorgio Cosentino, Irina Galieva, Maria Tapia, Susan D Keefe, Juan Ancola, Nicholas, Nadine Vargas, Rodrigo Pahati,Tanya Little, Jeremy Lochirco, Vik Dhauwar, April Mercado, Mary Sambajon, Adeline Chen, Magdalena Mercado, Eliana Mercado, Seraphina Mercado, Nancy Arms, Vince Taboada, Maryann Pedraza, Selina Williams, Qayes Abdulla, Cami Caudle, Caitlin Noffiett, Lynn Schwaebe, Sarah Deng, Annonymous
Via Zoom - Narzana Khan, Josephine Libunao, MHBC
Discussion was brought back to Council and staff. City Manager, Dante Hall, Director Rood and Community Housing Works provided a response.

This was an informational item. No action was taken on this item.

A brief recess was taken after the discussion of this item ended.

2. 25-161
Development Impact Fee Calculation and Nexus Report
RECOMMENDATION:

Staff recommend that the City Council:

1. Review the attached Development Impact Fee Calculation and Nexus Report (Attachment A).

2. If approved, instruct staff to incorporate the changes into the Master Fee Schedule for approval on June 24, 2025.

Staff Report - DIF Calculation and Nexus Report
Attach 1 - Hercules Nexus Report 2025
Presentation
Attachments:

This item was introduced after the approval of the Consent Calendar.

Finance Director, Edwin Gato, introduced the item. Revenue & Cost Specialists(RCS) presented. Council asked questions and provided comment. RCS provided a response No public comment. Action was taken on the item.

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June 10, 2025City Council Meeting Minutes
MOTION: A motion was made by Vice Mayor Kelley, seconded by Council Member Walker-Griffin, to approve the report and instruct staff to incorporate the proposed fees into the Master Fee Schedule for final approval on June 24th, 2025. The motion carried by the following vote:

Aye: Council Member Dilli Bhattarai, Mayor D. Bailey, Vice Mayor C. Kelley, Council Member A. Walker-Griffin, and Council Member T. Grimsley 5 -
XIV.

PUBLIC COMMUNICATIONS
NONE
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.

1. Regional Committee
a. Contra Costa Mayors Conference
b. Hercules/ Pinole - WasteWater Management
c. League of Cities
d. Water Emerg. Transportation Authority
e. WCCIWMA
f. WCCTAC
g. West Co. Mayors & Supervisors Assoc. Meeting
h. WestCat
I. MCE
j. CCTA
k. East Bay Wildfire Coalition of Governments

2. City Council Committees and Subcommittees
a. Econ. Dev. Subcommittee
b. Traffic and Public Safety Committee
c. East Bay Economic Development Alliance
d. Education Subcommittee

3. Commission Liaisons
a. Community & Library Services Commission
b. Finance Commission
c. Planning Commisison

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June 10, 2025City Council Meeting Minutes
City Manager, Dante Hall, advertised the upcoming Juneteenth event. City Attorney, Christie Crowl, had no announcements.

1. Regional Committee
Council Member Walker-Griffin and Council Bhattarai attended the Contra Costa Mayors Conference

2. City Council Committees and Subcommittees
No reports were provided

3. Commission Liaisons
No reports were provided
Council Members reported out on events they attended throughout the City and County, which included Federal Glovers funeral.

There were no future agenda item requests.

XVI. ADJOURNMENT
Mayor Bailey closed the meeting in honor of Beverly Parker. The meeting was adjourned by the Mayor at 10:45 P.M.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

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C

ONSENT CALENDAR

AGENDA ITEMS

2. 25-178
236

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 24, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Edwin Gato, Director of Finance
SUBJECT: Annual Approval of the City of Hercules Investment Policy RECOMMENDED ACTION:

Review and approve the City of Hercules Investment Policy by minute order.

BACKGROUND:

The investment of funds by a California local agency, including the types of securities in which an agency may invest, is governed by the California Government Code. The law requires that the legislative body of each agency adopt an investment policy, which may impose additional limitations beyond those established by the State. In addition, an agency’s investment policy must be reviewed annually, and any changes must be adopted at a public meeting. The annual adoption of the City’s investment policy provides an opportunity to review the policy regularly, ensuring its consistency with the overall objectives of safety, liquidity, and yield, as well as its relevance to current law and economic trends.

Analysis:

The City’s Investment Policy emphasizes the responsibility to safeguard public assets while identifying opportunities for a systematic investment process. The primary focus is to ensure the safety of the principal and maintain the liquidity required for payroll and other City obligations, followed by maximizing investment yield.

The Finance Director reviews the City’s Investment Policy annually, and it is attached to this report as Exhibit 1. The Policy is based on the standards and guidelines provided by the California Debt and Investment Advisory Commission (CDIAC) and the Association of Public Treasurers of the United States and Canada (APTUSC). 25-178
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According to the Investment Policy, staff are required to submit quarterly Investment Reports to the City Council. These reports include summaries of investments, the market value of securities, and a statement confirming that current liquidity is sufficient to cover expenditures for the next six months, as mandated by California Government Code Section 53646.

Attachment 1 contains the City’s Investment Policy, which is submitted to the Council for annual approval. There are no recommended changes to the Policy for the Council’s consideration.

FISCAL IMPACT:

This document is designed as an informational report and the approval of the investment report will not result in any fiscal implications.
.

ATTACHMENTS:

1. Investment Policy
238
Exhibit "A"

CITY OF HERCULES
Statement of Investment Policy

INTRODUCTION
City of Hercules
Investment Policy

The City of Hercules (City) strives to maintain the level of investment of all funds as near 100% as possible through daily and projected cash flow determinations. Investments are made so maturities match or precede the cash needs of the City. The City will insure that principal invested is protected from loss while maintaining adequate cash availability and maximizing yield on invested funds.

The basic premise underlying the City's investment philosophy is to insure that money is always available when needed. A minimum amount of 10% of the adopted budget will always be maintained in immediately available investments, such as the State Treasurer Local Agency Investment Fund (LAIF) or other cash equivalents. This may include commercial paper, banker's acceptances, or new repurchase agreements.

The City's portfolio will be limited to an average life of three years or less. When the market warrants purchase of longer maturities to capture a higher rate of return, purchases will be limited to United States Treasury Notes and Bonds, Federal Agencies, Medium Term Notes, and Mortgage Backed Securities. No more than 1/3 of the portfolio will be invested in securities that have a final maturity greater than five years, and only then with the approval of Council.

The City will attempt to ladder the portfolio with staggered maturities so that a portion of the portfolio will mature each year. In addition, the economy and various markets are monitored carefully to assess the probable course of interest rates. In a market with low or increasing interest rates, the City will attempt to invest in securities with shorter maturities. This makes funds available for other investments when the interest rates are higher. When interest rates appear to be near a relative high rate, the City will attempt to purchase investments with medium to long­ term maturities to lock in the higher rate of return. When interest rates are falling, the City will invest in securities with longer maturities to hold the higher rate for a longer period of time.

City will also take advantage of any new investment instrument that becomes eligible for municipal investment only after a detailed analysis of the investment, and its safety, liquidity and yield are completed.

The City's Investment Policy shall be adopted by the City Council. The policy shall be reviewed at least annually by the City Manager and Finance Director, and any modifications must be approved by City Council.

1.0 Policy
It is the policy of the City to invest public funds in a manner which will provide the greatest security with the maximum investment return while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. The authority governing investments for municipal governments is set forth in the California Government Code, Section 53600 et seq.

Revised/Reviewed - June 23, 2020
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DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

1. 25-179

2. 25-181

3. 25-182

4. 25-183
261

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 24, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director SUBJECT: Agreement with RSG to Provide Housing Element Program Implementation Services
RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to execute a $187,985 professional service agreement with RSG to assist the City with implementing Housing Element programs to implement meaningful actions related to Affirmatively Furthering Fair Housing (“AFFH”) and increasing the supply of affordable housing in the City.

BACKGROUND:

Housing Successor Agency
In 2012, State law dissolved California redevelopment agencies and at the time, the City did not elect to become Housing Successor to retain housing assets and functions of the Former Agency. By default, the Contra Costa County Housing Authority (“Authority”) became a Housing Successor by operation of law. However, the Authority refused the transfer of any assets. Former Agency loans were not administered for several years as a result. With the Authority declining to exercise Housing Successor functions, the City elected to become Housing Successor on February 27, 2024. As Housing Successor, the City gained access to over $4.9 million in affordable housing funds collected from housing loan repayments since its dissolution. The City is also resuming the administration of outstanding housing loans issued by the Former Agency.
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The City’s Finance Department engaged RSG in September 2023 to review the Successor Agency loan documents and determine how to proceed with performing and non-performing loans. In July 2024, Finance engaged RSG to develop and implement a plan to restructure the non-performing loans, including borrower negotiations and amending loan agreements.

Affirmatively Furthering Fair Housing (AFFH)
Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing consistent with the requirements of the federal Fair Housing Act. According to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, which overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.”
The four main goals are to:
 Address significant disparities in housing needs and in access to opportunity, and  Replace segregated living patterns with truly integrated and balanced living patterns, and
 Transform racially and ethnically concentrated areas of poverty into areas of opportunity, and
 Foster and maintain compliance with civil rights and fair housing laws.

RSG’s proposal for Fair Housing services is based on Housing Element Table H.21:

AFFH Meaningful Actions Matrix, with bold text indicating areas where RSG will assist City staff in establishing and implementing these programs.

ANALYSIS:

This proposal provides a scope of services to develop and implement a plan to fulfill the City’s Fair Housing commitments in the adopted and certified 6th Cycle Housing Element and to assist the City in administering the Housing Asset Funds.

Due to RSG’s extensive familiarity with the Successor Agency’s finances and its status as the City’s only pre-qualified vendor for fiscal analysis, the Finance Director and City Manager authorized the sole-source procurement for this agreement.

Staff is requesting that the City Council authorize the City Manager to execute the agreement.

FISCAL IMPACT:

As identified in RSG’s proposal (Attachment 2), up to $120,595 of RSG’s proposed services, including preparation and administration of a Notice of Funding Availability (NOFA) for the Housing Asset Funds, are eligible to be paid from Housing Asset Funds as an eligible administrative expense. There is sufficient available cash balance for this 263
Agreement in the Housing Successor (Fund No. 640), which is derived from the repayment of the Housing Loans and restricted for Housing Successor-related activities.

This portion of the scope of work is within the purview of Housing Asset Fund, and qualifies as an eligible expenditure for the specified funding source. For services that are not eligible for this funding, the adopted FY 25-26 Budget allocates $67,390 from the General Fund for Housing Program Support.

Funds have been appropriated and are available in the General Fund and Housing Successor Fund for this contract as follows:

Funding Sources Account Number Amount
Housing Successor Fund 640-6000-611.40-00 $120.595
General Fund 100-5238-611.40-00 $ 67,390
ATTACHMENTS:

Attach 1- Resolution
Attach 2- RSG Proposal
264

HERCULES CITY COUNCIL
RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE CITY MANAGER TO EXECUTE A $187 ,985 PROFESSIONAL

SERVICE AGREEMENT WITH RSG TO ASSIST THE CITY WITH IMPLEMENTING

HOUSING ELEMENT PROGRAMS T O IMPLEMENT MEANINGFUL ACTIONS RELATED TO AFFIRMATIVELY FURTHERING FAIR HOUSING (“AFFH”) AND

INCREASING THE SUPPLY OF AFFORDABLE HOUSING IN THE CITY WHEREAS, on February 27, 2024, the City elected to become Housing Successor; and
WHEREAS, as Housing S uccessor, the City is responsible for administration of approximately $ 4.9 million in Housing Asset funds to support affordable housing development in Hercules; and
WHEREAS, on December 4, 2024, the City adopted its 6 th Cycle Housing Element; and
WHEREAS, Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing consistent with the requirements of the federal Fair Housing Act. According to AB 686, affirmatively furthering fair housing m eans to take “meaningful actions, in addition to combating discrimination, which overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics”; and
WHEREAS, RSG’s proposal provides a scope of services to develop and implement a plan to fulfill the City’s Fair Housing commitments in the adopted and certified 6th Cycle Housing Element and to assist the City in administering the Housing Asset Funds; and
WHEREAS, due to RSG’s extensive familiarity with the Successor Agency’s finances and its status as the City’s only pre -qualified vendor for fiscal analysis, the Finance Director and City Manager authorized the sole -source procurement for this agreement.

NOW, T HEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:

1. The City Council hereby authorizes the City Manager to execute an agreement with RSG to assist the City with implementing Housing Element programs to implement meaningful actions related to Affirmatively Furthering 265

Fair Housing (“AFFH”) and increasing the supply of affordable housing in the City.

2. The City Council authorizes the expenditure of an amount not to exceed $120,595 from account no. 640-6000-611.40-00 and an amount n ot to exceed $67,390 from account no. 100-0000-311.90-00.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 24th day of June, 2025 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Dion Bailey, Mayor

ATTEST:

________________________________
Eibleis Melendez, City Clerk
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February 6, 2025 Via Electronic Mail

Timothy Rood, Community Development Director

CITY OF HERCULES
111 Civic Drive
Hercules, CA 94547

CONSULTING SERVICES PROPOSAL

HOUSING ELEMENT PROGRAM IMPLEMENTATION

Dear Mr. Rood:

Thank you for inviting RSG, Inc. (“RSG”) to submit a proposal to assist the City of Hercules (“City”) with implementing Housing Element programs to implement meaningful actions related to Affirmatively Furthering Fair Housing (“AFFH”) and increasing the supply of affordable housing in the City.

The following table presents a menu of options for implementing Housing Element programs with an estimated budget for completion. City staff identified particular items that require RSG’s assistance in bold. Depending on the options chosen, completion times may change based on staffing availability. Once the City has chosen the options they would like to undertake, a final timeline and budget will be developed.
276
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility
Review City Housing Element, County Consolidated Plan, and County Analysis of Impediments to Fair Housing RSG will begin the engagement by
reviewing the Hercules Housing
Element and Contra Costa County
(“County”) Consolidated Plan (“Con
Plan”) and Analysis of Impediments
to Fair Housing (“AI/AFFH”) to
ascertain where there is an
opportunity to collaborate with the
County on Housing Element
Programs that overlap with
countywide programs.
n/a Review Housing Element
Review Con Plan and AI/AFFH
Develop collaborative resource list
No
Given that many Housing Element
programs require County
collaboration and may already be
implemented by the County, RSG
will facilitate a meeting with
appropriate County staff to discuss
how the City and County can assist
one another to increase outreach
and program implementation in
Hercules.

After meeting, RSG will draft a Work
Plan that memorializes how the City
Meet with County housing / housing
authority staff
Create a work plan
No
277
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility
and County will collaborate on
overlapping programs.

H4-2: Fair Housing Services
Assist households through
FHANC and ECHO Fair Housing,
providing fair housing services
and educational programs
concerning fair housing issues.

Refer fair housing complaints to
ECHO and consider providing
funding support. [emphasis on
northwest Hercules where there is
a larger proportion of renter-
occupied households.]
Annually refer 5 residents to fair
housing services and programs
offered by FHANC and ECHO.

Research FHANC and ECHO
existing action and outreach
activities. Coordinate to include
Hercules.

No
Promote fair housing practices,
including advertisements on the
City’s website, and provide
educational information on fair
housing to the public.

Annually review and update fair
housing information and
brochures offered to the public,
publish information in the Hercules
Herald, and on City social media.

Research existing fair housing
brochures and resources, publish on
platforms identified in Housing
Element.

No

3. H4-3: Affirmatively Furthering Fair Housing
Promote awareness of federal,
State, and local regulations through
the City website, at local public
centers, at City and at Council
meetings yearly. Implement an
accessibility policy that establishes
standards and procedures for
Conduct or participate in bi-annual
developer convenings.

Implement AI/AFFH by 2024 and
multilingual strategy by 2025.

Review Con Plan and AI/AFFH.

Coordinate with County on all current
outreach to include Hercules.

No
278
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility
providing equal access to City
services, ensures all applications are
considered, reviewed, and approved
without prejudice, and continue to
implement the Analysis of
Impediments to Fair Housing
Choice and HUD Consolidated
Plan. Lastly, ensure all community
stakeholders are engaged by
conducting public meetings at
suitable times, in accessible places,
and provide translation services as
needed.

Actively recruit residents from
protected classes and
underserved neighborhoods to
participate on committees, such
as the Council on Homelessness
of Contra Costa County, to
address homelessness and
affordable housing needs.
[emphasis on LMI areas along I-80
and Lupine Road]
By 2027, bi-annually recruit residents
to participate in regional committees
to address homelessness and
affordable housing needs with the
goal of recruiting one resident every
two years.

Review Con Plan and AI/AFFH.

Coordinate with County on all current
outreach to include Hercules.

Review existing membership on
Continuum of Care board, local non-
profit boards. Coordinate with
County and local boards to ensure
recruitment takes place in low
income areas in Hercules.

No
Develop presentations and/or
materials that address the local
need for affordable housing and
more resilient neighborhoods.

By 2026, develop materials to
address local need and utilize
these materials on an ongoing basis.

Record a webinar and develop other
educational materials that
demonstrate the need for affordable
housing in Hercules based on local
No
279
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility
demographics, available housing
stock, and the local housing market.

H1-1: First-Time Homebuyer Assistance Programs
Support first-time low- and
moderate-income home buyers by
connecting them to the Down
Payment Assistance program,
encouraging application to the
Federal Home Ownership
Program.

Annually refer twelve households
annually and track results.

Research existing first-time
homebuyer assistance program
providers, request data regarding
assistance to Hercules, collaborate
with outreach to Hercules residents.

No
Publicize housing assistance
programs and provide information on
these programs on the City’s website
and via social media, through flyers
posted at City facilities, and via staff
assistance at City Hall. [emphasis on
LMI areas, tracts 3592.03 and
3591.04 along I-80 and Lupine
Road]

Annually refer twelve households
annually and track results.

Identify housing assistance
programs available in the region and
develop resources that can be
posted on the platforms identified in
the Housing Element.

No
Program H1-3: Section 8 Housing Choice Voucher Program
Expand the location of
participating voucher properties.

Facilitate or support one voucher
driven development project by 2031.

Identify local, County, state, and
federal funding opportunities that
could facilitate development of a
voucher-driven housing project.

No
280
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility
Continue to support the HCV section
8 program, promote HCV usage in
higher resource areas, and work
with the Contra Costa Housing
Authority.

Annually work with the Contra Costa
Housing Authority with the goal of
increasing HCV use in the city by
10% (using 2023 as a baseline).

Review Con Plan and AI/AFFH.

Coordinate with County Housing
Authority to promote HCV usage in
Hercules higher resource areas and
promote HCV usage to protected/
vulnerable populations in Hercules.

Continue to support the HCV
program, promote HCV usage to
protected/vulnerable populations,
and work with the Contra Costa
Housing Authority to increase HCV
use in Hercules. [emphasis on tract
3591.04 (Village Park/Forest Park)]
No
As part of Program H4-4 (Outreach
Plan), conduct outreach to
landlords to expand participating
voucher properties. [emphasis on
tract 3591.04 (Village Park/Forest
Park)]
Conduct outreach to landlords with
the goal of referring 5 residents in
tract 3591.04 to the County HCV
program annually.

Coordinate with County Housing
Authority to ensure landlord outreach
in Hercules and Village Park/Forest
Park
No
As part of Program H4-4 (Outreach
Plan), conduct outreach and
tenant/landlord education through
community events and public
forums regarding income
discrimination and voucher
programs. [emphasis on tract
3591.04 (Village Park/Forest Park)]
No
281
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility

Program H2-3: Senior Housing
Engage with stakeholders,
including local senior advocacy
groups, developers, and
residents, to gather input and
insights on the specific needs and
preferences of the senior
population in Hercules. [emphasis
on southwest Hercules, tract
3592.04 and 3591.04, where
populations of persons with
disabilities and elderly
populations are larger.]
Facilitate the development of one
senior housing project during the
planning period.

Review Con Plan and AI/AFFH.

Coordinate with County to ensure
outreach includes gathering insights
on specific needs and preferences of
the senior population in Hercules.

Identify local, County, state, and
federal funding opportunities that
could facilitate development of a
senior housing project.

Yes, if
directly
related to the
expenditure
of Housing
Asset Funds

Program H2-5: Alternative Housing Models
Encourage the provision of
innovative housing types that may
be suitable for the community,
including modular homes, middle
housing types, community care
facilities, supportive housing, and
assisted living for seniors, through
discussions with developers.

Facilitate the development of one
Alternative Housing Model project
during the planning period.

Conduct annual outreach to
developers.

Review Con Plan and AI/AFFH.

Coordinate with County on annual
developer outreach.

Identify local, County, state, and
federal funding opportunities that
could facilitate development of one
alternative housing model project.

Yes, if
directly
related to the
expenditure
of Housing
Asset Funds

Program H4-1: Housing for Persons with Special Needs
Make available information from
HomeMatch Contra Costa for their
Promote information on
HomeMatch Contra Costa County
Research County HomeMatch
program. Coordinate with County to
No
282
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility
services for older adults,
including shared housing, extra
income, or assistance with home
maintenance. [emphasis on
central and southwest Hercules,
including tract 3591.04 (Village
Park/Forest Park)
with the goal of referring one
resident to HomeMatch services
annually.
disseminate marketing materials and
refer Hercules residents to
HomeMatch services.

Program H4-5: Reasonable Accommodation
Encourage developers of single
family housing to incorporate
universal design and track the
number of newly constructed or
rehabilitated dwelling units
accessible to people with
disabilities. The City will provide
the address and number of units
to Resources for Independent
Living Sacramento for inclusion in
their housing list for people with
disabilities.

By 2026/2031, increase the number
of units accessible to persons with
disabilities by 5% of new multi-family
during the planning period and
advertise these units through
Resources for Independent Living
Sacramento for Solano and Contra
Costa County.

RSG will rely on City Planning staff
to track the number of newly
constructed or rehabilitated dwelling
units accessible to people with
disabilities. RSG can compile a list of
addresses and number of units to
provide to Resources for
Independent Living Sacramento on
an annual basis.

No
AFFH: County HCV Listing Program
Participate in the County- sponsored
HCV Listing Program to advertise
affordable housing opportunities in
the city.

Annually assist County efforts to
keep the HCV listing up to date with
affordable housing opportunities in
Hercules.

Provide a list of affordable housing
opportunities in Hercules to the
County Housing Authority.

No
283
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility
Program H1-2: Affordable Housing Partnerships and Funding Sources Increase affordable housing activities
like construction, rehabilitation, and
financial assistance to renters and
owners. Provide loans and grants to
maintain a high-quality affordable
housing stock, and actively support
efforts to secure additional
affordable housing funding
sources.

Facilitate the development of two
affordable housing projects by 2031
with annual outreach.

Identify local, County, state, and
federal funding opportunities that
could facilitate development of two
affordable housing projects.

Support City staff in facilitating
discussions with Caltrans and BART
about the possibility of developing
affordable housing development on
their Willow Ave sites [e.g. CalTrans
site discussed in Chapter H6, pgs.
18-19].

Issue a Notice of Funding Availability
for Housing Successor funds to
facilitate development of two
affordable housing projects with City
staff, including senior housing,
alternative housing models, and/or
voucher-driven projects. See more a
more detailed scope after this table.

Yes, if
directly
related to the
expenditure
of Housing
Asset Funds

No

Yes
Program H2-4: Accessory Dwelling Units (ADUs)
Encourage ADU development by
developing an ADU information
packet, coordinate with
Complete information packet by
2025; Support the development of 16
Collaborate with City staff to draft an
ADU information packet
No
284
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility
neighboring jurisdictions to
participate in educational
opportunities, and monitor ADU
permit applications and
approvals. [emphasis on
single-family neighborhoods
(southern and eastern Hercules)]
accessory dwelling units during the
planning period. Contact neighboring jurisdictions to
coordinate educational opportunities
Collect data from City staff on annual
ADU permit applications and
approvals
Program H1-4: Monitor and Preserve Affordable Housing and At-Risk Housing Utilize CDBG or other funds to
provide financial assistance for
minor repairs of homes owned
and occupied by lower-income
residents. [emphasis on eastern
side of Hercules where housing
units tend to be older.]
Assist 16 lower-income households
per year.

Review Con Plan and AI/AFFH.

Coordinate with County to promote
use of CDBG funds to provide
financial assistance for minor repairs
of homes for lower-income residents
in eastern Hercules.

No
Monitor affordable housing
projects in the city and preserve
all affordable units.

Preserve affordability of all 485
below market-rate units in the city.

Create a list of below market-rate
housing units in Hercules and
covenant terms. Conduct owner
outreach to encourage extending
affordability covenants. Provide list
of local, County, state, and federal
funding sources available to assist
property owners with preservation.

Yes

Program H2-7: Replacement Housing
Establish clear guidelines and
criteria for determining the
Create guidelines by 2025. Replace
100% of units as required by
Draft Replacement Housing and
Relocation guidelines to ensure
No
285
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

Housing Element Program 2023-2031 Metrics* RSG Role Housing Asset Fund
Eligibility
affordability of replacement units
based on the income levels of
previous occupants and make this
information available to stakeholders
and developers.

Government Code section 66300(d)
on an ongoing basis.
compliance with the Housing Crisis
Act of 2019 as codified in the
Government Code. The guidelines
will be a resource for development
applicants and City staff.

Implement monitoring and
enforcement mechanisms to track
The progress of affordable
housing replacement within
development projects.

Implement monitoring and
enforcement by 2026.

Coordinate with City staff to create a
system to monitor and track
enforcement of the Housing Crisis
Act of 2019 when a housing unit is
removed from the housing market.

No
*2023-2031 Metrics are taken from the Housing Element. RSG’s role is to help implement programs, not to guarantee that the metrics will be met. Meeting metrics will rely on factors such as third-party collaboration, available funding sources, and development opportunities in the local housing market.

286
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

HOUSING SUCCESSOR NOFA
Program H-1- 2 in the above table inc ludes an optional service to issue a Notice of Funding Availability (“NOFA”) for Housing Successor Low and Moderate Income Housing Asset Funds (“Housing Asset Funds”). This presents a more detailed scope of services for that task.

RSG will consult City staff on the amount of Housing Asset Funds it would like to reserve for administration and other programs in order to determine the amount available for distribution to developers. RSG will then draft a NOFA requesting developer proposals to utilize Housing Asset Funds for affordable housing development that meets all legal requirements ti ed to such funds.

RSG would review the responses to assist the City in selecting a qualified developer(s) and project(s).

• Task 1: NOFA – RSG will draft a NOFA to help the City assess developer qualifications and detail selection criteria. Selection criteria may include, but is not limited to:

o Expertise and experience of the development entity and team in designing and constructing high quality affordable housing projects;

o Vision and design for a market-feasible affordable housing project that implements the City’s vision for the community and promotes the community character of Hercules;

o Economic viability and financial strength of the proposed project, including marketability and feasibility;

o Experience and ability to creatively negotiate an affordable housing agreement, or other appropriate development agreement, that provides the greatest return on investment to the City; and

o Financial and organizational capacity of the team to successfully complete the project, including the ability to secure financing and leverage other funding sources to build the highest quality housing project.

RSG will work with staff and legal counsel to further define selection criteria that meets the community’s goals. If desired, RSG could hold an informational conference call wherein interested developers can get an overview of the NOFA and ask questions prior to submitting a response. It is anticipated that this task will include 3 in-person meetings:
1) staff kick-off meeting to discuss the desired criteria, 2) meeting to review NOFA with staff, and 3) Council presentation and approval of NOFA. RSG would prepare any necessary staff reports or resolutions related to this task.

287
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

• Task 2: Developer Selection - RSG can assist the City in evaluating NOFA responses.

The budget estimate assumes review of up to four developer submittals and may vary depending on the depth of review required to meet t he final NOFA criteria. RSG will prepare a preliminary checklist to guide the review process and ensure that “like comparisons” are made in terms of each proposal’s compl eteness and compliance with submission requirements.

RSG will review and analyze pertinent data and materials provided in each developer submittal to evaluate the completeness of the proposal in accordance with the criteria and requirements identified in the NOFA. RSG’s detailed evaluation will include an analysis of estimated development costs for the proposed improvements based on third-party cost data obtained from Marshall & Swift Valuation Services, our internal database of comparable projects reviewing proposals for other clients throughout the State, as well as the “indirect” construction costs identified by each developer proposal. RSG would scrutinize the developer’s assumptions to ensure that the anticipated costs, revenues, and operating and replacement reserves are realistic and not over/understated. This would include a detailed look at developer fees and deferred fees. RSG will prepare a long-term cash flow to ensure that the prospective developer can remain solvent as an operator throughout the duration of the affordability period.

RSG will recommend finalists to the City and can prepare questions to conduct developer interviews, if desired. RSG can participate in interviews with City staff to select a developer that best meets the needs of the community. RSG will work with staff and legal counsel to prepare and present developer submittals to the Council. It is anticipated that this task will include 2 in-person meetings: 1) developer interviews and 2) City Council developer selection meeting.

• Task 3: Developer Negotiations and Agreement Preparation – This scope of services assumes that the City Attorney will be primarily responsible for the preparation of any ENAs, Developer Agreements, or Affordable Housing Agreements (AHA). RSG will assist in negotiating financial deal points to be included in any agreement between the selected developer and the City . To ensure consistency between agreed upon deal points and documents, RSG will review and provide comments on agreements prepared by legal counsel. If needed, we will assist the C ity in reviewing or evaluating any alternate or subsequent developer pro forma revisions (up to two revisions).

RSG is available to participate in developer negotiation meetings related to the preparation of loan agreements and legal documents. Based on our experience, the number of required in- person meetings can vary significantly based on the complexity of the proposed deal and the relationship between the developer and the City. The cost estimate assumes up to two meetings for developer negotiations. RSG will attend the City Council 288
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

meeting approving the project and any related agreements. It is anticipated that this task will include 3 in-person meetings: 1) two developer negotiation meetings and 2) one City Council meeting to approve agreements.

STAFFING
This engagement would be led Jim Simon, Principal- in-Charge, and Suzy Kim, Director . Mr.

Simon and Ms. Kim have intimate knowledge of Hercules by partnering with the City on affordable housing, property disposition, and successor agency activities for over ten years . Cindy Blot, Senior Associate, will assist with implementing this engagement. Ms. Blot has decades of experience in the housing field and has expertise in federally funded programs, including implementation of Consolidated Plans and addressing requirements related to Affirmatively Furthering Fair Housing. Additional staff may be assigned as needed. Resumes are available on our website at https://rsgsolutions.com/meet-our-team. Firm references may be provided upon request.

FEE ESTIMATE

RSG proposes to provide the tasks described in the Scope of Services on a time -and-materials basis. The estimated fee for all services outlined in this proposal is $187,985 for a term ending June 30, 2026. A smaller not-to-exceed fee may be negotiated to work on a smaller list of priority Initiatives selected by the City. The following table itemizes estimated budget by task. Note that several programs require collaboration with the County and are covered under Task 1.

289
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

The following table provides a more detailed itemized budget for the Housing Successor NOFA, which is included in the total $187,985 budget estimate.

Scope of Services
Hercules Housing Element Implementation

Housing Element Programs Principal Director Sr. Assoc Analyst Total Hrs 295$ 275$ 225$ 145$
# Con Plan / Analysis of Impediments Review 3 17 49 10 79 18,035$ Review Con Plan and other County documents and programs for common threads and efforts 2 12 10 24 4,700 Develop collaborative resource list 2 10 12 2,800 Meet with County Housing Staff 8 12 20 4,900 Create a Work Plan to implement multiple HE programs with County 3 5 15 23 5,635 # Fair Housing Outreach and Enforcement - 10 30 25 65 13,125$ FHANC and ECHO existing activity research and coordination 1 5 5 11 2,125 Research existing fair housing resources to publish on local platforms 1 5 5 11 2,125 Identify opportunities to recruit residents on committees addressing homelessness 1 5 5 11 2,125 Webinar/Recorded PPT 5 10 5 20 4,350 Prepare fair housing informational materials 2 5 5 12 2,400 # Housing Mobility 24 171 226 117 538 121,920$ First-Time Homebuyer Program resources and outreach 1 5 5 2,125 Housing assistance program resources and outreach 5 5 10 1,850 Identify funding opportunities for affordable housing development addressing multiple HE programs 5 5 10 2,100 Facilitate discussions with CalTrans and BART 8 12 20 5,660 Housing Successor NOFA - See separate budget 16 149 217 98 480 108,730 Reasonable accommodation tracking 5 5 10 2,100 Maintain affordable housing list 4 4 8 1,480 # New Housing Opportunities in High Resource Areas 2 7 14 31 54 10,160$ Outreach to Developers, Key Stakeholders - 4 4 6 14 2,870 ADU information packet and data tracking 2 2 5 10 19 3,715 Owner outreach for preservation 1 5 15 21 3,575 # Place-Based Strategies for Neighborhood Improvement - 2 5 10 17 3,125$ Minor home repair information packet and coordination 2 5 10 17 3,125 # Tenant Protections Against Anti-Displacement 6 33 35 20 94 21,620$ Review existing programs 3 5 5 13 2,675 Create monitoring program for all affordable housing projects 1 5 20 5 31 6,895 Housing Crisis Act Guidelines and Enforcement Mechanisms 5 25 10 10 50 12,050

TOTAL 187,985$
Housing Successor Eligible 120,595$
Non-Housing Successor Eligible 67,390$
Task Hours & Billing Rate
290
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

RSG would utilize billing rates as follows:

Our fee is based upon an estimate of the number of hours needed for each task. If the Scope of Services is substantially changed in the future, RSG will notify the City and request a fee adjustment. Any revisions to the Scope of Services will be billed on a time- and-materials basis at RSG’s hourly rates. The services would be provided per the terms and conditions of a consulting services agreement by and between the City of Hercules and RSG.

RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies.

However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five copies. We bill reimbursable costs at the actual expense plus a 10% surcharge.

NOFA & Developer Negotiations
Hercules Housing Successor
Principal Director
Senior
Associate Analyst Total
Task 295$ 275$ 225$ 145$ Hrs Total Task 1 - NOFA/RFP 2 29 24 14 69 15,995$
Draft NOFA/RFP 1 4 15 10 30 6,220
Informational Call 4 0 0 4 1,100
NOFA/RFP Checklist 1 1 4 6 1,080
Meetings and Preparation (3 meetings) 1 20 8 0 29 7,595 Task 2 - Developer Selection 3 59 135 64 261 56,765$
Developer Submittal Review (4) 35 115 60 210 44,200
Recommendation 2 8 16 4 30 6,970
Meetings and Preparation (2 meetings) 1 16 4 0 21 5,595 Task 3 - Negotiations and Agreements 11 61 58 20 150 35,970$ Deal Points 5 20 10 0 35 9,225
Agreement Review 5 20 10 0 35 9,225
Alternate Pro Formas (2) 5 30 20 55 11,025
Meetings and Preparation (3 meetings) 1 16 8 0 25 6,495 Total 16 149 217 98 480 108,730$
Task Hours & Billing Rate
Principal $ 295
Director $ 275
Senior Associate $ 225
Associate $ 195
Senior Analyst $ 160
Analyst $ 145
Research Assistant
Technician
Clerical
$ 135
$ 100
$ 60
Reimbursable
Expenses
Cost plus
10%
291
Timothy Rood, Community Development Director

CITY OF HERCULES
February 6, 2025

RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.

Invoices identify tasks completed to date, hours expended, and the hourly rate.

If you have any questions, please do not hesitate to contact Suzy Kim at 714-316-2116.

Sincerely,
RSG, INC.

Jim Simon
Principal
292
293
294
295
296

DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

2. 25-181
297

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 24, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Glenn Dombeck, Public Works Director/City Engineer SUBJECT: Acceptance of the Sycamore Avenue Trunk Sewer Replacement Project
RECOMMENDED ACTION:

Adopt a resolution accepting the Sycamore Avenue Trunk Sewer Replacement Project as complete and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office and final payment to the contractor.

BACKGROUND:

The Sycamore Avenue Trunk Sewer Replacement Project was awarded at the December 13, 202 2, City Council meeting to Cratus, Inc. (Cratus) for the low bid amount of $11,615,866 with provisions for a 10 percent contingency of up to $1,161,587 for a total authorized expenditure amount of $12,777,453. Cratus began work shortly thereafte r.

The scope of work consisted of replacement of 5,500 feet of the City’s primary 24 -inch trunk sewer main with 30 -inch piping, beginning at Duck Pond Park and ending at the influent intake to the Wastewater Treatment Plant in Pinole.

ANALYSIS:

Cratus completed installation of the trunk sewer at the beginning of 2025. The pipeline alignment included tunneling under the railroad tracks, a siphon crossing under Pinole Creek, and work at depths of over 35 feet with a variable water table and changing soils.

A 469-linear foot segment of 12 -inch overflow piping was unable to be installed due to utility conflicts and will be addressed in a future capital project. The work was completed 25-181
298
in accordance with the plans and specifications to the satisfaction of the City Engineer.

The final cost to complete the project was $12,641,622.58.

With the installation of 5,500 feet of 30-inch piping leading to the influent intake to the Wastewater Treatment Plant in Pinole, the project addressed surcharged conditions and eliminated the risk of overflows in peak wet weather flow conditions. The project has also created a safe pedestrian connection on the Bay Trail between Hercules and Pinole.

It is recommended that the Sycamore Avenue Trunk Sewer Replacement Project be approved at this time so the Notice of Completion can be filed with the Contra Costa County Recorder’s Office to allow final payment to be made to the contractor.

FISCAL IMPACT:

The project was funded entirely through the City’s Sewer Fund , which ma intained sufficient resources due to a rate increase in 2009. The anticipated passage of the 2025 rate increase is expected to restore the fund’s capacity for future projects.

To complete the project, c hange orders totaling $1,402,166.58 were necessary. Two significant change orders emerged during the course of the project: the first, amounting to $610,375.00, addressed the extensive additional flagging requirements in the Union Pacific Railroad right-of-way; the second, totaling $589,220.11, accounted for delay costs incurred due to the nesting of a protected bird species (White-Tailed Kite) on the job site, which mandated a project shutdown.

ATTACHMENTS:

Attach 1- Resolution
Attach 2- Notice of Completion
Attach 3- Project Location Map
299

HERCULES CITY COUNCIL
RESOLUTION NO. 25-_____

RESOLUTION ACCEPTING THE SYCAMORE AVENUE TRUN K SEWER

REPLACEMENT PROJECT AS COMPLETE AND AUTHORIZING THE FILING OF

THE NOTICE OF COMPLE TION WITH THE CONTRA COSTA COUNTY RECORDER’S OFFICE AND FINAL PAYMENT TO CONTRACTOR
WHEREAS, the Sycamore Avenue Trunk Sewer Replacement Project contract was awarded to Cratus, Inc. for the low bid amount of $ 11,615,866 with a 10% contingency of up to $1,161,587 at the December 13, 2022 Council meeting; and WHEREAS, Cratus, Inc. began the work shortly thereafter; and WHEREAS, the project was completed for $ 12,641,622.58 that included change orders in the amount of $ 1,402,166.58 necessary to complete the project and enhance sewer system capacity and reliability; and
WHEREAS, the proje ct has been completed in accordance with the approved plans and specifications to the satisfaction of the City Engineer; and WHEREAS, the Notice of Completion must be filed with the Contra Costa Recorder’s Office to allow final payment to be made to the contractor.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby accepts the Sycamore Avenue Trunk Sewer Replacement as complete and authorizes the filing of the Notice of Completion, attached hereto, with the Contra Costa County Recorder’s Office and remittance of final payment to the contractor.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 24th day of June 2025 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Dion Bailey, Mayor
ATTEST:

Eibleis Melendez, City Clerk
300

NOTICE OF COMPLETION
Recording Requested By:

City of Hercules

When Recorded Mail To:

City Clerk
City of Hercules
111 Civic Drive
Hercules, CA 94547
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208

NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the Owner or agent of the Owner of the Project described below.

2. Owner’s full name is __CITY OF HERCULES______________________.

3. Owner’s address is __111 CIVIC DRIVE, HERCULES, CA 94547_______.

4. The nature of Owner’s interest in the Project is:
_X_ Fee ownership __ Lessee __ Other:________________________

5. Construction work on the Project performed on Owner’s behalf is generally described as follows: Sycamore Trunk Sewer Replacement Project

6. The name of the original Contractor for the Project is:

Cratus, Inc.
945 Taraval Street, #302, San Francisco, CA 94116

7. The Project was completed on: __June 24, 2025________________.

8. The Project is located at:

Sycamore Ave in the City of Hercules from Duck Pond Park to the Pinole/Hercules Wastewater Treatment Plant in the City of Pinole.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct.
______________________ ________________________________________ Date and Place Signature of Person Signing on Behalf of Owner

GLENN DOMBECK, P.E.

PUBLIC WORKS DIRECTOR/CITY ENGINEER_
Print Name and Title
301

SYCAMORE SEWER TRUNK REPLACEMENT PROJECT

DUCK POND PARK TO THE PINOLE/HERCULES WASTEWATER TREATMENT PLANT 302

DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

3. 25-182
303

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 24, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Glenn Dombeck, Public Works Director
SUBJECT: Professional Services Agreement with SNG & Associates, Inc. to provide On-call Engineering Staff Support Services and preparation of the 5-Year Capital Improvement Program
RECOMMENDED ACTION:

Adopt a Resolution authorizing the City Manager to execute an agreement with SNG & Associates, Inc. ("SNG") for a not -to-exceed amount of $238,827.00 to provide On-call Engineering Staff Support services and preparation of the 5-Year Capital Improvement Program as outlined in SNG’s proposal dated June 2, 2025 (Attachment 1).

BACKGROUND:

SNG & Associates, Inc. has been providing engineering support to the City of Hercules Public Works Department, including interim City Engineer services, capital improvement project management, and land development review. The City anticipates continued need for services to support review of private development projects, review and management of ongoing and future capital improvement projects, and preparation of the 5-Year Capital Improvement Program.

ANALYSIS:

To ensure uninterrupted support, staff requested a proposal from SNG for on -call engineering services. SNG’s scope of work includes:
 Reviewing and managing land development applications.  Review and assist in managing Capital Improvement Projects.  Developing a 5-year Capital Improvement Plan and project management support. 25-182
304
 Preparing staff reports and attending City Council and public meetings.  Coordinating with stakeholders , including residents, developers, and utility companies.

The professional services will be provided on an as -needed basis under a time -and- expense agreement, not to exceed $238,827.00. SNG’s team consists of experienced engineers ensuring high-quality technical oversight and project management support.

FISCAL IMPACT:

The funding for these services is included in the FY 2025 -26 budget, allocated from the General Fund Capital Reserve . The total contract amount will not exceed $ 238,827.00 and will be invoiced on a monthly basis reflecting actual time and expenses incurred.

Funding Source: General Fund
Account Code: 100-0000-611.90-99
Budget Recap:

Total Estimated Cost: $238,827.00
Amount Budgeted: $238,827.00
New Funding Required: No
Council Policy Change: No
ATTACHMENTS:

Attachment 1 - Proposal from SNG & Associates, Inc.

Attachment 2 - Resolution
Attachment 3 - Agreement with SNG & Associates
305

5776 Stoneridge Mall Road, Suite 365, Pleasanton, CA 94588 ’ Phone: 925-251-0100 Fax: 92S-242-5894

June 2, 2025

Glenn Dombeck, P.E.

Public Works Director
City of Hercules
111 Civic Drive
Hercules, CA 94547

RE: Proposal for On-Call Engineering Staff Support and 5-Year Capital Improvement Program (CIP) Services.

SNG Purchase Order Request SNG-HERC-6

Dear Glenn:

As requested by the City, we propose the following Scope of Work and Estimate of Fees for providing On-Call Engineering Staff Support Services and 5-year CIP Services through June 30, 2026.

Background:

SNG & Associates, In c. (SNG) has been assisting the City of Hercules Public Works Department in providing Interim City Engineer services and in providing design and review of land development and CIP projects. It is anticipated that continued staff support for the review, design and management of land development and CIP projects will be required for the foreseeable future.

Scope of Work:

The scope of services shall generally include as-needed staff support for design and review of capital improvement projects, private development review, preparation of the 5-Year Capital Improvement Program (CIP), and other tasks as assigned by the City . SNG will provide support for all projects and tasks identified by the City, prepare staff reports for City Council meetings, and make presentations at the City Council meetings when required. The services will include meetings with residents, developers, engineers, contractors, and utility companies as required. The Detailed scope of services anticipated is listed in Exhibit A.

Project Team:

The following team members are proposed for Staff Support services:

Nanda Gottiparthy, P.E., Project Director
David Caneer, P.E., Principal Engineer
Michael O’Connor, P.E., Senior Engineer
Douglas Rodgers, Senior Engineer
Mukul Gariganti, Assistant Engineer

Mr. David Caneer will provide the engineering support needed for Capital Improvement Projects. He will attend meetings with staff, contractors, and engineers as required. Mr. Michael O’Connor will provide support for the review of land development projects. Mr. Douglas Rodgers will work on capital improvement projects and land development projects as needed. Mr. Mukul Gariganti will provide support to the project managers as needed.

306
5776 Stoneridge Mall Road, Suite 365, Pleasanton, CA 94588 ’ Phone: 925-251-0100 Fax: 92S-242-5894
Estimate of Fees:

Engineering Staff Support Services
SNG Purchase Order Request SNG-HERC-6
Assistant
Engineer
Senior
Engineer
Principal
Engineer
Project
Director
Estimated
Fee
Tasks / Rate per hour $163.00 $226.00 $252.00 $268.00

1. Review and management of Land
Development Applications,
Improvement Plans, and Final Maps
45 180 0 30
$56,055.00

2. Support for Design and Review of
CIP projects 60 0 220 36 $74,868.00

3. Prepare staff reports, attend
meetings, and project coordination 0 60 50 30 $34,200.00 TOTAL $17,115.00 $54,240.00 $68,040.00 $25,728.00 $165,123.00 5-Year CIP Services
SNG Purchase Order Request SNG-HERC-6
Admin.

Support
Senior
Engineer
Project
Director
Tasks / Rate per hour $113.00 $226.00 $268.00 Estimated Fee Task 1 – Prelim. Investigation 0 19 8 $6,438.00
Task 2 – 1st Draft Five-Year CIP 40 52 22 $22,168.00
Task 3 – 2nd Draft Five-Year CIP 30 40 16 $16,718.00
Task 4 – Final Five-Year CIP 28 46 20 $18,920.00
Task 5 – Program Management 0 30 10 $9,460.00
TOTAL $11,074.00 $42,262.00 $20,368.00 $73,704.00
SNG will provide services included in the above Scope of Work in close coordination with assigned city staff to meet the City’s goals. The Estimated Fee to perform the Scope of Work is not to e xceed $238,827.00 ($165,123.00 for Engineering Staff Support Services and $73,704.00 for 5 -year CIP Services), which will be billed monthly on a time-and-expense basis per our 2025-2026 Billing Rate Schedule per Exhibit B.

If you have any questions, feel free to contact me by phone at ( 925) 251 -0100 or by email at [email protected].

Sincerely,
SNG & ASSOCIATES, INC.

Nanda Gottiparthy, P.E.

President
307

5776 Stoneridge Mall Road, Suite 365, Pleasanton, CA 94588 ’ Phone: 925-251-0100 Fax: 92S-242-5894

EXHIBIT A

SCOPE OF SERVICE

The engineering services to be provided to the City include, but are not limited to, the following:

Staff Support Services:

1. Provide on-call engineering review and professional services for various land development applications and projects, including:
 Parcel, tentative, and final maps
 Acquisitions, dedications, and easements
 Review of tentative maps and submittals for land divisions  Site development and subdivision plans
 Recommend development conditions
 Review of environmental documents
 Review of improvement plans for compliance with City standards  Subdivision agreements
 Provide construction observation services during development -related improvements (grading, streets, storm drains, sewer, water).
 Review plans, specifications, and estimates for capital projects.  Provide project management, bidding, contracts, and construction management for Capital Improvement projects.

From time to time, the city may require additional work not covered by this scope. For such tasks, the Engineer will provide a separate scope of work, timeline, and estimated fee for approval. This may include:

 Preparing plans and specifications for City projects
 Providing design surveys, construction surveys, real property engineering services, and construction administration
 Preparing special engineering reports for assessment districts, annexations, and developer fees  Coordinating with utility companies for relocations
 Processing plans and specifications for approval under special funding programs  Performing additional services as authorized by the City on an as-needed basis  Review and update the City of Hercules Design Standards as needed  Flood zone evaluations and reporting to FEMA and DWR.  Assist the City in preparing RFPs for design services and managing the design efforts on behalf of the City.

5-Year Capital Improvement Program Services:

Provide capital improvement planning and budgeting services for the City’s Five-Year CIP (2025-30) consisting of the short- and long-range project delivery and funding for maintaining, rehabilitating, improving, and constructing new and existing infrastructure assets as prioritized by the City according to their Ten -Year Action Plan of the recently completed Parks Master Plan, the Sanitary Sewer Master Plan, the City’s Pavement Management Plan, and the Draft Building Facilities Assessment.
308
5776 Stoneridge Mall Road, Suite 365, Pleasanton, CA 94588 ’ Phone: 925-251-0100 Fax: 92S-242-5894
Task 1 – Preliminary Investigation: SNG will review the existing 2024-25 Capital Projects Budget & Ten-Year Capital Improvement Plan. The information collected will assist our team in determining which projects have been completed, unfinished projects with remaining/carryover budgets, and projects that have not been started. Meetings with the City Manager, Public Works staff, and city department heads will assist our team in understanding the project priorities, confirming preliminary project budgets, and confirming the projects to be included in the city’s Five-Year CIP.

1. Kickoff Meeting: SNG will meet with the City Manager, Public Works, and other departments’ staff to discuss program parameters and determine the City Council’s CIP project priorities and budgets for Years 2025-30.

2. Review (E) CIP & Project Budget Info. : SNG will review the existing 2024-25 Capital Projects Budget & Ten-Year Capital Improvement Plan, which will serve as the basis for the Five-Year CIP. We will also work with the city’s Finance Department to confirm project carryover and projected budget amounts to include in the Five-Year CIP.

3. Meeting with City Dept. Heads: SNG will meet with the city department heads to determine their CIP project priorities and budgets for FY 2025-30.

Task 2 – 1st Draft Five-Year CIP: Based upon the directions received from the city at the Task 1 meetings, SNG will prepare the 1st draft of the Five-Year CIP to match the format of the existing 2024-25 Capital Projects Budget & Ten- Year Capital Improvement Plan.

1. Prepare 1st Draft Five-Year CIP: SNG will prepare the 1st Draft, which will coordinate the above Five- Year CIP priority projects and their budgets.

2. 1st Draft Review Meetings: SNG will attend a maximum of three (3) meetings with City staff to receive comments on the 1st Draft.

Task 3 – 2nd Draft Five-Year CIP: Based upon the directions received from the city at the Task 2 meetings, SNG will prepare the 2nd draft of the Five-Year CIP.

1. Prepare 2nd Draft Five-Year CIP: SNG will prepare the 2 nd Draft, which will further refine and solidify the above Five-Year CIP priority projects and their budgets.

2. 2nd Draft Review Meetings: Attend a maximum of two (2) meetings with City staff to receive comments on the 2nd Draft.

Task 4 – Final Five-Year CIP: Based upon the directions received from the city at the Task 3 meetings, SNG will prepare the final draft of the Five-Year CIP.

1. Prepare Final Draft Five-Year CIP: SNG will prepare the Final Draft for final city staff approval.

2. Final Draft Review Meeting: Attend a final meeting with City staff to receive comments on the Final Draft.
309

5776 Stoneridge Mall Road, Suite 365, Pleasanton, CA 94588 ’ Phone: 925-251-0100 Fax: 92S-242-5894

3. Prepare Final Five -Year CIP: Based upon the directions received from the city at the Task 4 meeting, SNG will prepare the final Five-Year CIP for City Council approval.

4. City Council Meeting: Prepare the Staff Report recommending approval of the Five-Year CIP and attend the City Council Meeting to respond to any comments or questions.

Task 5 – General Project Management: Manage the program team, track progress, quality, schedule, and budget, and be responsible for documenting all program decisions and keeping an official program record. SNG’s Project Manager will coordinate the team, draft & final CIPs, and meetings, and prepare meeting minutes, while their Principal will be responsible for invoice submittals, budget tracking, and reporting.

310

EXHIBIT B
FEE SCHEDULE (2025-26)
Position Hourly Rate
Project Director $268.00
Principal Engineer $252.00
Project Manager $237.00
Senior Engineer $226.00
Construction Manager $237.00
Associate Engineer II $184.00
Associate Engineer I $174.00
Assistant Engineer $163.00
Senior Engineering Inspector $184.00
Engineering Inspector $174.00
Engineering Technician/CAD Drafting $153.00
Licensed Land Surveyor $268.00
Licensed landscape Architect $205.00
Clerical/ Admin Support $113.00
Note: Rates valid through June 30, 2026. Mileage to be billed at $0.65 per mile.
311

HERCULES CITY COUNCIL
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SNG & ASSOCIATES, INC. TO PROVIDE ON-CALL ENGINEERING STAFF SUPPORT SERVICES AND TO PREPARE THE 5-YEAR

CAPITAL IMPROVEMENT PROGRAM
WHEREAS, SNG & Associates, Inc. ("SNG") has been providing engineering support to the City of Hercules Public Works Department, including interim City Engineer services, capital improvement project management, and land development review; and
WHEREAS, the City anticipates a continued need for services to support review of private development projects, review and management of ongoing and future capital improvement projects, and preparation of the 5-Year Capital Improvement Program; and
WHEREAS, to ensure uninterrupted support, City staff requested a proposal from SNG for on-call engineering services, and
WHEREAS, the scope of services to be provided under this agreement on an as- needed basis will include:
 Reviewing and managing land development applications.  Review and assist in managing Capital Improvement Projects.  Developing a 5 -year Capital Improvement Plan and project man agement support.
 Preparing staff reports and attending City Council and public meetings.  Coordinating with stakeholders , including residents, developers, and utility companies.

WHEREAS, the professional services will be provided on an as-needed basis under a time-and-expense agreement, not to exceed $238,827.00, with funding included in the FY 2025-26 budget allocated from the General Fund Capital Reserve; and
WHEREAS, it is in the best interest of the City to enter into this agreement to ensure high-quality technical oversight and project management support.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:

1. The City Council hereby authorizes the City Manager to execute a Professional Services Agreement with SNG & Associates, Inc. for a not-to-exceed amount of 312
$238,827.00 to provide On-call Engineering Staff Support services and preparation of the 5-Year Capital Improvement Program as outlined in SNG’s proposal dated June 2, 2025.

2. The City Council authorizes the City Manager to take all necessary actions to implement this agreement, including approving any minor amendments or modifications, provided that the total contract amount does not exceed $238,827.00.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 24th day of June 2025, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
313

CITY OF HERCULES

PROFESSIONAL SERVICES AGREEMENT

This Agreement (“Agreement”) for professional services is made on June 3, 2025, between the City of Hercules, a California municipality (“City”), and SNG & Associates Inc., a corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.

2. Term. This Agreement will become effective on June 24, 2025 (“Effective Date”) and will terminate upon the full and satisfact ory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.

3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed (TWO HUNDRED THIRTY-EIGHT THOUSAND EIGHT HUNDRED TWENTY-SEVEN DOLLARS $238,827.00), without prior written authorization by City, pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement. Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.

3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services ; and the basis for calculating the amount due.

3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services .

Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.

4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.

Agreement No. 25-035
Council Resolution No.__________
314

5. Consultant’s Warranties.

5.1 Cons
ultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the Bay Area.

5.2 Cons
ultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.

5.3 Cons
ultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.

5.4 C
onsultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.

6. N
otice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other P arty by personal delivery, U.S. Mail, a reliable overnight deliv ery service, or by e mail as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:

Cit
y: Consultant:

Cit
y of Hercules Name: SNG & Associates Inc
111 Civic Drive 5776 Stoneridge Mall Rd. Suite 365
Hercules, CA 94547 Pleasanton, California-94588
(510) 799-8200 Phone: 925 251 0100
At
tn: City Clerk Attn: Nanda Gottiparthy
[email protected]
Copy to: Glenn Dombeck, P.E. C opy to: _____________________ Em
ail: [email protected] Em ail: _______________________

7. I
ndemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.

Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.

7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “ Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided 315
under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.

7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “ Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.

8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the S ervices, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.

8.1 The following insurance policies and limits are required for this Agreement:

8.1.1 Commercial General Liability Insurance (“CGL”) . CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of Services under this Agreement, with limits of at least $1,000,000.00 per occurrence.

8.1.2 Automotive. Commercial automotive liability coverage for owned, non- owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.

8.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.

316

8.1.4 Professional Liability. This in surance must insure against Consultant ’s errors and omissions in the provision of S ervices under this Agreement, in an amount no less than $1,000,000.00 combined single limit.

8.2 S
ubrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.

8.3 The CG
L policy and the automotive liability policy must include the following endorsements:
(1) The
City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “ Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement. (2) The
inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The
insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) A
ny umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self -insurance will be called upon to protect it as a named insured.

9. D
ispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.

9.1 Ei
ther Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.

9.2 Good
faith participation in mediation pursuant to this Section is a condition precedent to either Party commencing litigation in relation to the dispute. 317

10. Early Termination.

10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.

10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination.

Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.

11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City ’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.

12. Records. Unless otherwise specified in Attachment A, C onsultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.

Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.

13. General Provisions.

13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.

13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.

13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.

13.3.1 Avoidance of Cronyism and Nepotism. Consultant shall comply with regulations adopted by the City of Hercules to avoid favoritism in the award of contracts. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy” as Attachment C to this Agreement.

13.3.2 Compliance with the California Equal Pay Act . Consultant shall comply with regulations adopted by the City of Hercules to allow for verification of Consultant compliance with 318
the requirements of the California Equal Pay Act. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.

13.4 C
hoice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.

13.5 I
ntegration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.

13.6 S
everability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13 .7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement. 13 .8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13 .9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.
13 .10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the P arty waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.

13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the P arty delayed, excluding financial inability (“ Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.

13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement. 319

13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[S
ignature page follows.]
320
The Parties agree to this Agreement as witnessed by the signatures below:

CITY: Approved as to form:

s/_______________________________ s/__________________________________

________________________________ ___________________________________ Dante Hall, City Manager Christie Crowl, City Attorney

Date: ___________________________ Date: ______________________________

Attest:

s/_______________________________

_________________________________
Eibleis Melendez, City Clerk

Date: ___________________________

CONSULTANT: ___________________________________________________ Business Name

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

Attachments:

Attachment A: Scope of Services
Attachment B: Payment
Attachment C: Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy Attachment D: Contractor Acknowledgment of Compliance with the California Equal Pay Act 321
June 2, 2025
Glen
n Dombeck, P.E.

Public Works Director
City of Hercules
111 Civic Drive
Hercules, CA 94547
RE: Propo
sal for On-Call Engineering Staff Support and 5-Year Capital Improvement Program (CIP) Services.

SNG Purchase Order Request SNG-HERC-6
Dear
Glenn:

As requested by the City, we propose the following Scope of Work and Estimate of Fees for providing On-Call Engineering Staff Support Services and 5-year CIP Services through June 30, 2026.

Background:

SNG & Associates, Inc. (SNG) has been assisting the City of Hercules Public Works Department in providing Interim City Engineer services and in providing design a nd review of land development and CIP projects. It is anticipated that continued staff support for the review, design and management of land development and CIP projects will be required for the foreseeable future.

Scope of Work:

The scope of services shall generally include as-needed staff support for design and review of capital improvement projects, private development review, preparation of the 5-Year Capital Improvement Program (CIP), and other tasks as assigned by the City . SNG will provide support for all projects and tasks identified by the City, prepare staff reports for City Council meetings, and make presentations at the City Council meetings when required. The services will include meetings with residents, developers, engineers, contractors, and utility companies as required. The Detailed scope of services anticipated is listed in Exhibit A.

Proj
ect Team:

The following team members are proposed for Staff Support services:

Nanda Gottiparthy, P.E., Project Director
David Caneer, P.E., Principal Engineer
Michael O’Connor, P.E., Senior Engineer
Douglas Rodgers, Senior Engineer
Mukul Gariganti, Assistant Engineer
Mr. Da
vid Caneer will provide the engineering support needed for Capital Improvement Projects. He will attend meetings with staff, contractors, and engineers as required. Mr. Michael O’Connor will provide support for the review of land development projects. Mr. Douglas Rodgers will work on capital improvement projects and land development projects as needed. Mr. Mukul Gariganti will provide support to the project managers as needed.

Attachment A: Scope of Services
Attachment B: Payment
322
Estimate of Fees:

Engineering Staff Support Services
SNG Purchase Order Request SNG-HERC-6

Assistant
Engineer
Senior
Engineer
Principal
Engineer
Project
Director
Estimated
Fee
Tasks / Rate per hour $163.00 $226.00 $252.00 $268.00

1. Review and management of Land
Development Applications,
Improvement Plans, and Final Maps
45 180 0 30
$56,055.00

2. Support for Design and Review of
CIP projects 60 0 220 36 $74,868.00

3. Prepare staff reports, attend
meetings, and project coordination 0 60 50 30 $34,200.00 TOTAL $17,115.00 $54,240.00 $68,040.00 $25,728.00 $165,123.00

5-Year CIP Services
SNG Purchase Order Request SNG-HERC-6

Admin.

Support
Senior
Engineer
Project
Director
Tasks / Rate per hour $113.00 $226.00 $268.00 Estimated Fee Task 1 – Prelim. Investigation 0 19 8 $6,438.00
Task 2 – 1st Draft Five-Year CIP 40 52 22 $22,168.00
Task 3 – 2nd Draft Five-Year CIP 30 40 16 $16,718.00
Task 4 – Final Five-Year CIP 28 46 20 $18,920.00
Task 5 – Program Management 0 30 10 $9,460.00
TOTAL $11,074.00 $42,262.00 $20,368.00 $73,704.00

SNG will provide services included in the above Scope of Work in close coordination with assigned city staff to meet the City’s goals. The Estimated Fee to perform the Scope of Work is not to exceed $238,827.00 ($165,123.00 for Engineering Staff Support Services and $73,704.00 for 5 -year CIP Services), which will be billed monthly on a time-and-expense basis per our 2025-2026 Billing Rate Schedule per Exhibit B.

If you have any questions, feel free to contact me by phone at ( 925) 251 -0100 or by email at [email protected].

Sincerely,

SNG & ASSOCIATES, INC.

Nanda Gottiparthy, P.E.

President

323

EXHIBIT A
SC

OPE OF SERVICE
Th
e engineering services to be provided to the City include, but are not limited to, the following:

St
aff Support Services:

1. Provide on-call engineering review and professional services for various land development applications and projects, including:
 Parcel, tentative, and final maps
 Acquisitions, dedications, and easements
 Review of tentative maps and submittals for land divisions  Site development and subdivision plans
 Recommend development conditions
 Review of environmental documents
 Review of improvement plans for compliance with City standards  Subdivision agreements
 Provide construction observation services during development -related improvements (grading, streets, storm drains, sewer, water).
• Review plans, specifications, and estimates for capital projects. • Provide project management, bidding, contracts, and construction management for Capital Improvement projects.

Fr
om time to time, the city may require additional work not covered by this scope. For such tasks, the Engineer will provide a separate scope of work, timeline, and estimated fee for approval. This may include:
 Pre
paring plans and specifications for City projects
 Providing design surveys, construction surveys, real property engineering services, and construction administration
 Preparing special engineering reports for assessment districts, annexations, and developer fees  Coordinating with utility companies for relocations
 Processing plans and specifications for approval under special funding programs  Performing additional services as authorized by the City on an as-needed basis  Review and update the City of Hercules Design Standards as needed  Flood zone evaluations and reporting to FEMA and DWR.  Assist the City in preparing RFPs for design services and managing the design efforts on behalf of the City.
5-Y
ear Capital Improvement Program Services:

Pro
vide capital improvement planning and budgeting services for the City’s Five -Year CIP (2025-30) consisting of the short- and long-range project delivery and funding for maintaining, rehabilitating, improving, and constructing new and existing infrastructure assets as prioritized by the City according to their Ten -Year Action Plan of the recently completed Parks Master Plan, the Sanitary Sewer Master Plan, the City’s Pavement Management Plan, and the Draft Building Facilities Assessment.
324
T
ask 1 – P reliminary Investigation : SNG will review the existing 2024-25 Capital Projects Budget & Ten-Year Capital Improvement Plan. The information collected will assist our team in determining which projects have been completed, unfinished projects with remaining/carryover budgets, and projects that have not been started. Meetings with the City Manager, Public Works staff, and city department heads will assist our team in understanding the project priorities, confirming preliminary project budgets, an d confirming the projects to be included in the city’s Five-Year CIP.

1. Ki
ckoff Meeting: SNG will meet with the City Manager, Public Works, and other departments’ staff to discuss program parameters and determine the City Council’s CIP project priorities and budgets for Years 2025-30.

2. Re
view (E) CIP & Project Budget Info.: SNG will review the existing 2024-25 Capital Projects Budget & Ten-Year Capital Improvement Plan, which will serve as the basis for the Five-Year CIP. We will also work with the city’s Finance Department to confirm project carryover and projected budget amounts to include in the Five-Year CIP.

3. Mee
ting with City Dept. Heads: SNG will meet with the city department heads to determine their CIP project priorities and budgets for FY 2025-30.

Ta
sk 2 – 1st Draft Five-Year CIP: Based upon the directions received from the city at the Task 1 meetings, SNG will prepare the 1st draft of the Five-Year CIP to match the format of the existing 2024-25 Capital Projects Budget & Ten- Year Capital Improvement Plan.

1. Pr
epare 1st Draft Five-Year CIP: SNG will prepare the 1st Draft, which will coordinate the above Five- Year CIP priority projects and their budgets.

2. 1st Draft Review Meetings: SNG will attend a maximum of three (3) meetings with City staff to receive comments on the 1st Draft.

Ta
sk 3 – 2nd Draft Five-Year CIP: Based upon the directions received from the city at the Task 2 meetings, SNG will prepare the 2nd draft of the Five-Year CIP.

1. Pr
epare 2nd Draft Five-Year CIP: SNG will prepare the 2nd Draft, which will further refine and solidify the above Five-Year CIP priority projects and their budgets.

2. 2nd Draft Review Meetings: Attend a maximum of two (2) meetings with City staff to receive comments on the 2nd Draft.

Ta
sk 4 – Final Five-Year CIP: Based upon the directions received from the city at the Task 3 meetings, SNG will prepare the final draft of the Five-Year CIP.

1. Prepare Final Draft Five-Year CIP: SNG will prepare the Final Draft for final city staff approval.

2. Final Draft Review Meeting: Attend a final meeting with City staff to receive comments on the Final Draft.
325

3. Prepare Final Five -Year CIP: Based upon the directions received from the city at the Task 4 meeting, SNG will prepare the final Five-Year CIP for City Council approval.

4. City Council Meeting: Prepare the Staff Report recommending approval of the Five-Year CIP and attend the City Council Meeting to respond to any comments or questions.

Ta
sk 5 – General Project Management: Manage the program team, track progress, quality, schedule, and budget, and be responsible for documenting all program decisions and keeping an official program record. SNG’s Project Manager will coordinate the team, draft & final CIPs, and meetings, and prepare meeting minutes, while their Principal will be responsible for invoice submittals, budget tracking, and reporting. 326

EXHIBIT B
FEE SCHEDULE (2025-26)
Position Hourly Rate
Project Director $268.00
Principal Engineer $252.00
Project Manager $237.00
Senior Engineer $226.00
Construction Manager $237.00
Associate Engineer II $184.00
Associate Engineer I $174.00
Assistant Engineer $163.00
Senior Engineering Inspector $184.00
Engineering Inspector $174.00
Engineering Technician/CAD Drafting $153.00
Licensed Land Surveyor $268.00
Licensed landscape Architect $205.00
Clerical/ Admin Support $113.00
Note: Rates valid through June 30, 2026. Mileage to be billed at $0.65 per mile.
327

DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

4. 25-183
328

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 24th, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Joseph Vasquez, Chief of Police
SUBJECT: Military Equipment Use and Acquisition
RECOMMENDED ACTION:
(1) Accept the 2025 annual military equipment report, (2) determine that the Police Department’s use of military equipment for the past year complied with the Department’s P olicy 709 and the requirements of state law, and (3) renew Policy 709 and Ordinance No. 547 (Military Equipment) and confirm that both will remain in effect without change.

BACKGROUND:

AB 481 was enacted by the state legislature in 2021 to promote transparency, accountability, and oversight The bill requires each law enforcement agency's governing body to adopt an ordinance requiring a military equipment use policy . The policy must include certain components and describe the quantity, capabilities, purposes, and authorized uses of each type of military equipment allowed by the agency as well as the cost of acquisition and use. AB 481 further requires the City Council to conduct an annual meeting to provide a report to the Council on the use of previously acquired military equipment and to review and renew the City’s adopted ordinance and policy (Policy 709). . A summary of AB 481 and Policy 709 are attached to this report. Additionally, the Police Department posted Policy 709 on the City ’s website beginning on May 12, 202 5, in advance of the City Council meeting where the item would be discussed, in compliance with the requirements of AB 481. Staff does not propose any changes to the ordinance or Policy 709 and recommends that the City Council renew them in their current form. 25-183
329
An itemized list of qualifying military equipment currently in HPD’s possession is included in this report as well as in Policy 709. Each item’s purpose and authorized use is described in specific detail in the attachment to the draft policy section to be included in the Hercules Police Department policy manual. The following are currently in the Hercules Police Department equipment inventory:
 Unmanned, remotely piloted, powered aerial devices (2 drones)  Command and control vehicles that are either built or modified to facilit ate the operational control and direction of public safety units (1 Special Response Team van)
 Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue handguns (28 - .223 caliber patrol rifles capable of firing 5.56mm ammunition)
 Noise-flash diversionary devices and explosive breaching tools (24 Noise Flash Diversionary Devices)
 Any firearm or firearm accessory that is designed to launch explosive projectiles (1 – Defense Technology Model 1426 40mm LMT Tactical single launcher (Replaced S&W Mod. 226 37mm launcher)
 Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (10 - 12 ga. “penetrator” rounds capable of delivering powdered OC through thin walls or windows. Officers assigned to the County -wide Mobile Field Force are issued Def -Tech CS gas canisters while in that position)
 Kinetic energy weapons and munitions (5 Kinetic Energy shotguns) AB 481 requires the City to establish the procedure for a person to register a complaint or concern regarding the possession or use of military equipment and the process by which such a compl aint will be addressed . The City and the Police Department have several avenues in place for filing a complaint with or about the Police Department, including any military equipment complaints.

The Annual Report must include a description of the use of military equipment, any complaints received, any internal audits or other information about violations of Policy 709, the cost of such use and other similar information. This report must be presented to the City Council and posted on the City’s webpage in advance of the meeting at which it is considered.
330
ANALYSIS:

AB 481 Definition of Military Equipment
The Assembly Bill has designated the following categories of items as military equipment.

The Hercules Police Department has equipment that meets t he criteria for 7 of the 15 categories (1,5,9,10,11,12,14):

 Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1)

 Mine-resistant ambush -protected vehicles or armored personnel carriers (Equipment Category 2)

 High mobility multipurpose wheeled vehicles (HMMWV), two -and-one-half-ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached (Equipment Category 3)

 Tracked armored vehicles that provide ballistic protection to their occupants (Equipment Category 4)

 Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5)

 Weaponized aircraft, vessels, or vehicles of any kind (Equipment Category 6)

 Battering rams, slugs, and breaching apparatuses that are explosive in nature (Equipment Category 7)

 Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard-issue shotgun ammunition (Equipment Category 8)

 Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue handguns (Equipment Category 9)

 Any firearm or firearm accessory that is designed to launch explosive projectiles (Equipment Category 10)

 Noise-flash diversionary devices and explosive breaching tools (Equipment Category 11)

 Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12)
331
 TASER® Shockwave, microwave weapons, water cannons, and long -range acoustic devices (Equipment Category 13)

 Kinetic energy weapons and munitions (Equipment Category 14)

 Any other equipment as determined by a governing body or a state agency to require additional oversight (Equipment Category 15)

In accordance with state law, Policy 709, and Ordinance 547, the attached Annual Report provides a description of the City’s military equipment in each of the above categories as well as an overview of the equipment’s purpose, authorized use, expected lifespan, and fiscal impacts (e.g. annual maintenance costs). As noted in the Annual Report, the Police Department did not receive any complaints or concerns abo ut any of the City’s military equipment, nor were any internal investigations related to the use of military equipment conducted in the past year. An internal audit was conducted, and all military equipment was found to be in good shape and working order.

FISCAL IMPACT:

There is no anticipated fiscal impact in reviewing this annual report and confirming renewal of Policy 709 and Ordinance No. 547. Should the Police Department desire to purchase new or additional military equipment, Policy 709 and state law require prior approval and authorization by the City Council.

ATTACHMENTS:

1. Policy Section 709; Military Equipment Funding, Acquisition, and Use

2. 2024 Annual Military Equipment Report, Purpose, Use, and Cost

3. AB 481

4. Ordinance No. 547
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333
Policy
709
Hercules Police Department
Hercules PD Policy Manual
Copyright Lexipol, LLC 2025/02/19, All Rights Reserved.

Published with permission by Hercules Police Department Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body
– The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Hercules Police Department
Hercules PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/19, All Rights Reserved.

Published with permission by Hercules Police Department Military Equipment - 2
709.2 POLICY
It is the policy of the Hercules Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Hercules Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
335
Hercules Police Department
Hercules PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/19, All Rights Reserved.

Published with permission by Hercules Police Department Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
336
Hercules Police Department
Updated May 7, 2024

1 HERCULES POLICE DEPARTMENT

ANNUAL MILITARY EQUIPMENT REPORT
2024
337
Hercules Police Department
Updated May 7, 2024

2 INTRODUCTION

On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Hercules Police Department to have a military use policy approved by the City Council prior to requesting, seeking funding, acquiring, or using military equipment.

Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.

On June 14, 2022, the City of Hercules City Council Approved Ordinance 537 approving Hercules Police Department Policy #709: Military Equipment Funding, Acquisition, and Use. As required by Assembly Bill 481 and the Ordinance, annually the Hercules Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy, and Annual Report, and determine whether the Department’s use of military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the Policy, the Hercules Police Department retains and employs limited military equipment to safeguard its community. Hercules officers, certified instructional staff, and specialized units receive training throughout the year on the use of military equipment approved under the Policy.

This Annual Report outlines the Hercules Police Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2024, through December 31, 2024. The Department will submit its Military Equipment Annual Report to the City Council after December 31st of every year in compliance with AB 481.
338
Hercules Police Department
Updated May 7, 2024

3 HPD MILITARY EQUIPMENT

1. Unmanned Aerial Vehicles

a. Description, quantity, capabilities and purchase cost:

The unmanned Aerial Vehicle (UAV) is a battery powered remote operated device with a flight time of approximately 30 – 45 minutes per battery, depending on weather and flight conditions. The UAV has been proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

Mavic 2 Enterprise Advanced UAV, purchase cost was $6,499 quantity: 2

b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

i. Major Collisions Investigation
ii. Search for missing persons
iii. Natural disaster management
iv. Crime scene photography
v. Critical incident, tactical or other public safety life preservation missions
vi. In response to specific requests from fire authorities for fire response

c. Authorized use
Only assigned operators who have completed the required training, certification, and licensing shall be permitted to use Hercules Police Department’s UAVs approved missions.
339
Hercules Police Department
Updated May 7, 2024

4 d. Expected lifespan
The expected lifespan of the Mavic 2 UAV is 5 years

e. Fiscal impact
Annual maintenance costs of approximately $0 - $500

f. All department UAV operators are licensed by the Federal Aviation Administration for UAV operation. Once all operators are completely certified, they will train monthly in the use of UAV’s.

2. Command and Control vehicles

a. Description, quantity, capabilities and purchase cost:
2008 Ford Econoline 350 transport van, Cost $0 (inner-City transfer from Parks and Recreation), quantity: 1
This is a full-size van modified to transport Special Response Team members and equipment to critical incidents and high-risk entry operations. The van is equipped with emergency lights and sirens. It is painted white with Hercules Police Department (PD) logos on it.

b. Purpose
To be used in response to critical incidents and pre-planned operations to transport personnel and equipment.

c. Authorized use
The use of the van is limited to trained Hercules Police Department SRT members and department range training equipment
transportation.

d. Expected Lifespan
10 years

e. Fiscal Impact
Annual maintenance cost of approximately $1,000.

340
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Updated May 7, 2024
5 3. Specialized firearms and ammunition
a. Description, quantity, capabilities and purchase cost Shoulder fired rifle bored firearms capable of firing 5.56mm ammunition from standard- capacity magazines; shoulder fired smooth bored firearms capable of firing beanbag rounds, smoke canisters and CS gas canisters.
i. Colt M4 Carbine semi-automatic rifle for patrol use, cost:
$920.00, quantity: 33
ii. Defense Technology Model 1426 40mm LMT tactical single launcher for deployment of less lethal munitions or gas, cost $1349.00, quantity: 1
iii. Remington 870 kinetic energy shotgun for patrol use, cost:
$900.00, quantity: 5
iv. Defense Technologies 12-gauge powder barricade penetrator OC rounds for barricaded subject critical incidents, cost $5.94, quantity: 10
v. Defense Technology 40mm Exact Impact Sponge Round
extended range rounds used for patrol use, cost $29.95, quantity: 25
vi. Winchester Ranger 5.56mm 77 grain ammunition for patrol rifles, cost $878.00/1000 rounds, quantity: 10,000
Winchester 5.56mm 55 grain ammunition for patrol rifles, Cost $359/1000 rounds, quantity: 15,000
vii. Defense Technology drag stabilized kinetic energy rounds for patrol, cost $5.35, quantity: 50
b. Purpose
To be used as precision weapons to address known threats from greater distance and behind cover, providing safer response to critical incidents involving heavily armed and protected suspect(s), to defuse volatile incidents with less than lethal force, to bring critical incidents to a close with the least amount of danger to the public, the involved subject(s) and the responding personnel.
341
Hercules Police Department
Updated May 7, 2024

6 c. Authorized use
Only personnel who have attended and passed training and certification courses approved by the Peace Officer Standards and Training (POST) Commission are authorized to possess or deploy patrol rifles, kinetic energy shotguns, or 40mm launcher.

d. Expected Lifespan

i. Colt M4-Carbine Rifle: 15 years
ii. DefTec Mod 1426 40mm launcher: 15 years
iii. Remington 870 kinetic energy shotgun: 15 years
iv. Defense technology OC rounds: no expiration date
v. Winchester 5.56mm rounds: no expiration date
vi. Kinetic energy rounds: no expiration date
vii. Exact Impact Sponge Round: no expiration date

e. Fiscal impact
Annual maintenance is approximately $50 for each rifle. Ammunition costs vary by availability. Approximately $10,000 annually.

4. Noise Flash Diversionary Devices

a. Description, quantity, capabilities and purchase cost A Noise Flash Diversionary Device (NFDD) is a device that creates a bright flash and a loud explosive sound to divert the attention of subjects in the area and temporarily disorient them to additional sounds and movement. NFDD are used to temporarily incapacitate dangerous subjects by overwhelming their senses of vision and hearing. The momentary distraction allows officers to seize the opportunity to take control of high-risk situations.

i. Defense Technology Low Roll 12-gram non-reloadable Distraction Device w/safety clip, cost $79.44, quantity: 30

342
Hercules Police Department
Updated May 7, 2024

7 b. Purpose
To produce atmospheric overpressure and brilliant white light and as a result can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

c. Authorized use
Diversionary devices shall only be used:

i. By SRT members who have been trained in their proper handling and use
ii. In hostage or barricaded subject situations
iii. In high-risk warrant services where there may be extreme hazards to officers
iv. During other high-risk situations where their use would enhance officer safety
v. During training exercises.

d. Expected lifespan
5 years

e. Fiscal impact
There are no maintenance costs associated with the storage of this device.

5. Munitions containing Tear Gas or OC

a. Description, quantity, capabilities and purchase cost Chemical agent munitions, which are commonly referred to as "tear gas," are used by the Hercules Police Department as a non-lethal tool to disperse rioting suspects and/or barricaded suspects. CS (2- Chlorobenzylidenemalonoi trile) and OC (Oleoresin Capsicum) are commonly used by law enforcement agencies across the United States.
//
//
//
343
Hercules Police Department
Updated May 7, 2024

8 CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

i. Defense Technologies 12-gauge powder barricade penetrator OC for barricaded subject critical incidents, cost $5.94, quantity: 10
ii. Officers assigned to the County-Wide Mutual Aid Mobile Field Force are issued Defense Technology CS gas by the Contra Costa Office of the Sheriff as part of their tactical duty gear when deployed by the MAMFF. They do not carry the CS gas as a part of their regular Patrol equipment in Hercules, however they do possess it in the event they need to respond to emergency deployment(s) elsewhere in the
County. Cost $0, quantity: 2 each.

b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

c. Authorized use
Only Officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.
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Updated May 7, 2024

9 d. Expected Lifespan
Defense Technology OC rounds: No expiration date

e. Fiscal Impact
There are no maintenance costs associated with the storage of these devices

Equipment Purchase and Training Use

2024 Purchases

Military
Equipment

Quantity

Cost

Date of Purchase
Winchester 5.56
55 or FMJ
10000 $4720.00 6/17/2024

2024 Training/ Military Equipment Utilized

Training

Military
Equipment

Quantity

Date of Use
Department Quarterly
Training
Colt M4

5.56 Ammo
2000 1/18/2024, 4/11/2024,
7/11/2024, 10/17/2024
Department SRT
Training
Colt M4

5.56 Ammo
3000 11/19/2024
Department SRT
Training
DefTec
NSDD
17 2/28/2024, 6/4/2024,
10/15/2024, 10/23/2024,
12/28/2024
Department SRT
Training/ Interior
UAV Course
Mavic 2
Enterprise
Advanced
UAV
2 12/13/2024

345
Hercules Police Department
Updated May 7, 2024

10 Community Concerns and Complaints

In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding Hercules Police Department’s possession and use of military equipment are addressed.

The Hercules Police Department is committed to full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. //
//
//
//
//
2024 Community Concerns, Complaints & PD Internal Investigations Related to Military Equipment Use

Community Concerns Community Complaints PD Internal
Investigations

0 0

0 Internal Inventory & Audit (HPD Military Equipment)

Per Hercules Police Department policy 709.3 (c), the Department’s military equipment coordinator, designated as the Department Range Master, is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually. During the calendar year 2024, an internal inventory of the Department’s military equipment was completed on December 13, 2024, which identified all the Department’s military equipment in preparation to fulfill the obligations set by Assembly Bill 481. All current military equipment inventory was found to be in good shape and working order.

346
Hercules Police Department
Updated May 7, 2024

11 2024 Critical Incident/ Military Equipment Utilized
Case # Date Equipment Used Reason for Use
H24-230 3/8/2024 Mavic 2 Enterprise
Advanced UAV
Outside Assist for Pinole PD. Search for
pursuit/fleeing combative suspect.

H24-302 3/30/2024 Mavic 2 Enterprise
Advanced UAV
Search for Carjacking Suspect(s)
H24-540 6/18/2024 Mavic 2 Enterprise
Advanced UAV
Search for Carjacking Suspect(s)
H24-773 8/30/2024 Mavic 2 Enterprise
Advanced UAV
Search for stolen vehicle pursuit suspects
H24-953 10/22/2024 Mavic 2 Enterprise
Advanced UAV
Search for mail theft suspects
H24-1071 11/26/2024 Mavic 2 Enterprise
Advanced UAV
Search for auto burglary suspects

Conclusion

This Annual Military Equipment Report reaffirms the Hercules Police Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Hercules Police Officers to better serve and protect Hercules, enhance the safety of officers and community, and bring critical incidents to a safe resolution. 347
Assembly Bill No. 481

CHAPTER 406

An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.

[Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021.]

legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of fe deral personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specific conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022.

The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ord inance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of 348
the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy. This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to t he duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to t he meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains fi demonstrating that the enactment furthers the consti tutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, signific risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
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(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment

7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforceme nt agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county. (b) “Law enforcement agency” means any of the following:
(1) A police department, including the police d epartment of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. Ho wever, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. 350
(7) Battering rams, slugs, and breaching a pparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. Howev er, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and aut horized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection 351
of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of t he governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring mi litary equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other p erson or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment 352
use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a propo sed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
(c) The governing body shal l consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley- Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or fi military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley- Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identifi ed in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governi ng body shall either disapprove a renewal of the authorization for that type of military equipment or require modification to the military equipment use policy in a manner that will resolve the lack of compliance. 353
(f) Notwithstanding subdivisions (a) to (e ), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a m ilitary equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual c ost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well -publicized and conveniently located community engagement meet ing, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
7073. (a) A state agency shall create a military equipment us e policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. 354
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use o f, military equipment.
(7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature fi and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county.
7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of mi litary equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph
(7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public off icials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of mil itary equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
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ORDINANCE NO. 547

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES ADOPTING HERCULES POLICE DEPARTMENT POLICY 709; MILITARY

EQUIPMENT FUNDING, ACQUISITION, AND USE

WHEREAS, on September 30, 2021, the Governor signed into law Assembly Bill 481 (“AB 481”; Government Code sections 7070 et seq.) relating to the use of military equipment by law enforcement agencies; and

WHEREAS, AB 481 requires law enforcement agencies to obtain approval of the governing body, by way of an ordinance adopting a military equipment use policy, prior to taking certain actions relating to the funding, acquisition, or use of “military equipment” as defined in Government Code section 7070; and

WHEREAS, AB 481 further requires that such a policy include certain components, including but not limited to those listed in Government Code section 7070(d); and

WHEREAS, the Hercules Police Department has reviewed Lexipol LLC’s Policy 709:

Military Equipment (the “Policy”) and has found it to be in compliance with the requirements of AB 481; and

WHEREAS, the City Council has determined that the Policy complies with the requirements of AB 481 and that with respect to the Policy: (1) the identified equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the Policy will serve to safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) in future instances in which equipment is to be purchased, the equipment will be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (4) any required corrective action has been taken to remedy use of military equipment inconsistent with the Policy and future compliance is ensured; and

WHEREAS, approval of the Policy authorizes funding, acquisition, and use of military equipment only as allowed by the Policy and requires annual reporting and approval in accordance with the Policy; and,

WHEREAS, adoption of this Ordinance is not a project as defined by the California Environmental Quality Act (“CEQA”) because it is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment pursuant to CEQA Guidelines 15378(b)(5); and,

DocuSign Envelope ID: B19319E3-68E6-4AA7-9BBC-CF8D4222080A 356

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The City Council hereby incorporates the above recitals into this Ordinance by this reference.

SECTION 2. AMENDMENT. Hercules Police Department Policy 709; Military Equipment Funding, Acquisition, and Use Approved.

The City Council hereby approves City of Hercules Police Department Policy 709:

Military Equipment, a copy of which is attached hereto and by this reference incorporated herein.

A copy of approved Policy 709 has been added to t h e C i t y ’ s w e b s i t e f o r co n t i n u o u s access by the Council, staff and the public.

SECTION 3. CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is not a project as defined by the California Environmental Quality Act (“CEQA”) because it is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment pursuant to CEQA Guidelines 15378(b)(5).

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.

SECTION 5. EFFECTIVE DATE AND PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law.

This Ordinance shall be effective thirty (30) days from date of final adoption.

SECTION 6. NO CODIFICATION
This ordinance shall not be codified in the Hercules Municipal Code

DocuSign Envelope ID: B19319E3-68E6-4AA7-9BBC-CF8D4222080A 357
THE FOREGOING ORDINANCE was passed and adopted at a regular meeting of the Hercules City Council on the 23rd day of May 2023, by the following vote:

AYES: T. Grimsley, C. Kelley, D. Bailey Vice Mayor D. Romero and Mayor Walker-Griffin NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
_________________________________
Alex Walker-Griffin, Mayor
ATTEST:
______________________________
Eibleis Melendez, City Clerk
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