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8 INTRODUCTIONS/PRESENTATIONS/
COMMISSION REPORTS
AGENDA ITEMS
1. 26-027
9 PROCLAMATION
RECOGNIZING FEBRUARY 2026 AS
BLACK HISTORY MONTH IN THE CITY OF HERCULES
WHEREAS, The City of Hercules takes pride in joining the nation in recognizing February as Black History Month to honor the legacies of past generations of African Americans and their central role in U.S. history and celebrate the accomplishments and contributions of African Americans in present day culture; and WHEREAS, The Association for the Study of African American Life and History (ASALH), designated the 2026 theme for Black History Month as“A Century of Black History Commemoration ,” signifying the 100
th anniversary of the first national
observance of Black History, founded by Dr. Carter G. Woodson in 1925; and WHEREAS, this year’s theme brings a focus to examining the impact of how a century of commemorations has impacted the status of Black Americans in the modern world, how the history has been represented, and how it resonates in the development of identity, foster pride, and transform how Black Americans and their communities see themselves and their impact on how the broader public understands their contributions; and
WHEREAS, the social awareness of Black history is foundational to American history and vital to fulfilling our growth and development as a community, state, and Nation; and in these uncertain times, preserving and sharing an accurate and inclusive representation of history is challenged as policies of exclusion remain present and forces seek to ban books and erase historical narratives from America’s story that are essential to understanding our shared present and future, and WHEREAS, the commemoration of Black History “A Century of Black History Commemoration,” serves as a vital tool for education, resistance and empowerment, serves as a reminder that freedom is not secure when fear is in charge; and where the fight for Black dignity is a fight for human dignity, in these challenging times, presents a choice to remember the past or repeat it.
NOW, THEREFORE, I, Chris Kelley, Mayor of the City of Hercules, on behalf of the entire City Council do hereby recognize February 2026 as Black History Month in our City of Hercules. I call this observance to the attention of the City of Hercules, to protect and preserve Black History and the gains made by freedom fighters and civil rights leaders and examine how their vision of diversity, equity, inclusion and mutual respect lives within us today.
In witness whereof, I hereunto set my hand and cause the seal of the City of Hercules to be affixed this 10th day of February 2026.
__________________________________
Chris Kelley, Mayor
10 PUBLIC HEARINGS
AGENDA ITEMS
1. 26-023
11 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 10, 2026
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director
SUBJECT: Ordinance to repeal and replace Hercules Municipal Code Title 9, Chapters 1-18, re-locating appeals provisions, adopting by reference Contra Costa County Ordinance No. 2025-19, No. 2025-15, and No. 2025-14, which adopts the 2025 California Code of Regulations, Title 24, with changes, additions, and deletions, adopting by reference the Uniform Code for Abatement of Dangerous Buildings 1997 edition with existing amendments, additions, and deletions, and adopting by reference the International Property Maintenance Code 2024 Edition with amendments, additions, and deletions.
RECOMMENDED ACTION:
That the City Council:
1. Request planning staff present the staff report;
2. Open the public hearing;
3. Receive comments from the public;
4. Close the public hearing;
5. Request clarification from staff on any issues related to the Ordinance;
6. Waive second reading and adopt amended Ordinance.
BACKGROUND:
The California Building Standards Commission has adopted the 2025 California Building Standards Code (CBSC) (California Code Reg ulations Title 24), replacing the 2022 CBSC. The CBSC includes the California Administrative, Building, Residential, Electrical, 12 Mechanical, Plumbing, Energy, Historical Building, Existing Building, Reference Standards, Green Building Standards, Fire, and Wildland-Urban Interface Codes. These statewide codes will take effect on January 1, 2026.
Contra Costa County Department of Conservation and Development (the County) and the Contra Costa County Fire Protection District provide CBSC compliance and building inspection services within the City of Hercules on a contract basis.
At a public hearing held on November 4, 2025, the Contra Costa County Board of Supervisors adopted Ordinance No. 2025-19 (Attachment B), which adopted the 2025 editions of the Building Codes, with modifications to reflect local conditions. At a public hearing held on November 18, 2025, the Contra Costa County Board of Supervisors adopted Ordinance Nos. 2025-14 (Attachm ent C) and 2025-15 (Attachment D), which adopted the 2025 California Fire Code and the 2025 California Wildland-Urban Interface Code, respectively, with modifications to reflect local conditions. These codes are mostly procedural and are more restrictive than those adopted by the State. The County recommended local amendments to address area-wide conditions related to local climatic, geological, or topographical conditions.
In addition to adopting the updated State and County codes by reference, the proposed ordinance reorganizes and updates Title 9 of the Hercules Municipal Code to improve clarity, consistency, and alignment with current code practices. A new General Provisions chapter is added to establish uniform administrative provisions applicable throughout Title 9, including provisions referencing the Building Official and consolidating enforcement and penalty provisions previously located in Chapter 10. The Board of Appeals chapter is relocated to Chapter 2 without substantive changes.
The Uniform Code for the Abatement of Dange rous Buildings is relo cated to Chapter 4 and readopted with the City’s existing amendments. The 1994 edition remains the current version adopted by the City. The International Property Maintenance Code is relocated to Chapter 5 and updated to reference the 2024 edition, consistent with current industry standards.
Several outdated and redundant chapters, including Building Security and Housing Code provisions, are deleted and not readopted. All remaining building-related regulations are encompassed within the California Building Standards Code, which is adopted by reference in its entirety in Chapter 3. As a result, additional standalone chapters are no longer necessary.
ANALYSIS:
Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or amend these codes and establish more restrictive building standards if the local jurisdiction finds that the changes are reasonably necessary because of local climatic, geo logical, topographical, or environmental conditions. The proposed ordinance adopts the statewide codes by reference and continues existing local amendments that address such conditions. 13 Recent changes to State law have placed addit ional restrictions on local jurisdictions' authority to amend the CBSC as it relates to the construction of new residential housing units. State budget legislation (Assembly Bill 130), adopted at the end of June 2025, amended the Health and Safety Code to limit local jurisdictions' authority to adopt building code amendments related to new housing, except through several narrowly defined exceptions. These exceptions include amendme nts that are the same or substantially equivalent to amendments already adopted by th e local jurisdiction and in effect as of September 30, 2025, and amendments that r elate to home hardening for protection against fire risks. These changes will remain in effect from October 1, 2025, through June 1, 2031.
Accordingly, the County and, by reference, the City continue their current building code amendments into the new code cycle, but their authority to adopt new amendments to the 2025 CBSC affecting residential construction is limited. Local jurisdictions retain broader discretion to adopt amendments related to no n-residential construction, subject to the required findings. The proposed reorganization of Title 9 does not introduce new substantive building standards but consolidates, updates, and clarifies existing provisions, eliminates outdated and redundant chapters, and aligns the City’s Municipal Code with the State and County building standards framework. 2025 California Building Standards Code
County Ordinance Nos. 2025-14, 2025-15, and 2025-19 amend the statewide codes due to local climatic, geographical, topographical, and environmental conditions. These conditions are described in the findings included with those ordinances, which are attached hereto as Attachments 2, 3, and 4, and are proposed to be adopted by the City as well.
Modifications to the 2025 California Building Code
The following are the substantive changes to the 2025 California Building, Residential, Green Building Standards, and Existing Building Code (Ordinance No. 2025-19). x Require the installation of a hard-wired smoke detector in existing flat roof buildings when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed.
x Require more reinforcing in some building foundations to better withstand seismic forces found in this region of California.
Modifications to the 2025 California Residential Code
x Prohibit the use of gypsum wallboard as seismic bracing. x Restrict the use of Portland Cement Plaster as seismic bracing to single-story one- and two-family dwellings and accessory structures.
Modifications to the 2025 California Green Building Standards Code x Require that at least 10 percent of the total number of parking spaces for new multi-family residential and new non-residential developments be equipped 14 with fully operational electric vehicle charging equipment. This is consistent with the County’s existing code amendments for electric vehicle charging.
Although statewide code requirements for electric vehicle charging have increased in the 2025 code cycle, the County’s existing local code amendments are still necessary to ensure that current standards for electric vehicle charging are maintained.
x Apply construction waste management requirements in the statewide code to certain projects for existing residential buildings, including: Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. Delete the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. Require measuring and documentation of all generated debris to ensure that at least 65% is diverted from landfills.
Modifications to the 2025 California Existing Building Code x The amendments to the 2022 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended.
Modifications to the 2025 California Fire Code
The following are the substantive changes to the 2025 California Fire Code (Ordinance No. 2025-14).
x Require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider.
x Establish requirements for fire apparatus access roads to include protection of designated emergency evacuation routes as adopted by the local governing body as part of their emergency evacuation plan. x Reduces the square footage thresholds found in Chapter 9 (Fire Protection Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. x Enhance fire service response and information available to occupancies in the District.
x Prohibit all fireworks in the District without a permit and an increase to the financial liability for permitted events.
15 x Amends where above-ground flammable and combustible liquids storage tanks may be located.
x Amends were flammable gases and flammable cryogenic fluids storage tanks may be located.
x Amend the reduction of fire flow needed and the location where hydrants are required.
Modifications to the 2025 California Wildland-Urban Interface Code The following are the substantive changes to the 2025 California Wildland-Urban Interface Code (Ordinance No. 2025-14).
x Amends Section 101.3.1 (Application) of California Wildland-Urban Interface Code Chapter 1 (Administration) to include the following locations:
o All lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA).
o Lands in Local Responsibility Area (LRA) identified by the State Fire Marshal as High or Very High Fire Hazard Severity Zone. o Land designated as a High or Very-High Fire Hazard Severity Zone by cities and other local agencies.
o Land designated as a Wildland-Urban Interface Area by cities and other local agencies
x Amends Section [A]101.5 (Additions or alterations) of California Wildland-Urban Interface Code Chapter 1, to add the following two exceptions:
o The existing building or structure must meet any provisions of this code that expressly apply to an existing building or structure retroactively. o If a substantial addition or substantial alteration is made to any existing building or structure, the existing building or structure, and the substantial addition or substantial alteration, must comply with all requirements of this code.
x Amends definitions to add to new definitions “Substantial Addition” and “Substantial Alteration.”
o Substantial Addition. Any change to an existing building or structure that meets both of the following criteria: (a) adds gross floor area that exceeds fifty percent of the gross floor area of the existing building or structure; and (b) results in the building or structure and the addition having a combined new gross floor area of 5,000 square feet or more.
o Substantial Alteration. Any change to an existing building or structure that meets both of the following criteria within a one-year period: (a) The removal of fifty percent or more of the linear length of any interior or exterior wall of the building or structure; and (b) The removal and 16 replacement of fifty percent or more of the area of the building or structure’s roof.
x Requires non-combustible fences in new residential subdivisions in wildland- urban interface areas unless exceptions apply.
The City’s adoption of County amendments is authorized in Sections 50020-50022.9 of the California Government Code.
ENVIRONMENTAL REVIEW
Adoption of this Ordinance is not a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 because it is an administrative action that does not authorize any construction and will not have an impact on the environment. Even if adoption of this Ordina nce was considered a project, it is exempt from CEQA review pursuant to CEQA Guidelines section 15601 (b)(3), because it can be seen with certainty that there is no possibility that adoption of building codes, including those intended to protect the environment, would have a significant effect on the environment.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENTS:
1. Draft Ordinance
2. County of Contra Costa Ordinance No. 2025-19 Adoption of Building Code Standards and Findings in Support of Changes, Additions, and Deletions to the Statewide Building Standards Code
3. County of Contra Costa, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District Ordinance No. 2025-14 Adopting the 2025 California Fire Code and Local Amendments and Findings in Support of Amendments.
4. County of Contra Costa, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District Ordinance No. 2025-15 Adopting the 2025 California Wildland-Urban Interface Code with Local Amendments and Findings in Support of Amendments.
17 Ordinance No. ___
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUN CIL OF THE CITY OF HERCULES REPEALING AND REPLACING HERCULES MUNICIPAL CODE TITLE 9 “BUILDING REGULATIONS”, CHAPTERS 1 –18, AND READOPTING THE BOARD OF APPEALS
CHAPTER, ADOPTING BY REFERENCE C ONTRA COSTA COUNTY ORDINANCE NO. 2025-19, NO. 2025-15 AND NO. 2025- 14 WHICH ADOPTS THE 2025 CALIFORNIA CODE OF REGULATIONS, TITLE 24, MAKING CERTAIN CHANGES, ADDITIONS,
AND DELETIONS, ADOPTING BY REFERENCE THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS 1997 EDITION WITH EXISTING
AMENDMENTS, ADDITIONS, AND DELETION S, ADOPTING BY REFERENCE THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2024 EDITION WITH
AMENDMENTS, ADDITIONS, AND DELETI ONS, AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, every three years the State of California adopts new construction codes; and WHEREAS, the City Council desires to repeal and replace existing chapters of Title 9 in order to reorganize, clarify, and moderniz e the City’s building and safety r egulations and to ensure consistency with the California Building Standards Code and County-adopted amendments; and WHEREAS, on November 4, 2025, the County Board of Supervisors adopted County Ordinance No. 2025-19 (the "County Ordinance") adopting 2025 California Building Code (California Code of Regulations, Title 24, Part 2 Volumes 1 and 2), Residential Code (California Code of Regulations, Title 24, Part 2.5), Electrical Code (California Code of Regulations, Title 24, Part 3), Mechanical Code (California Code of Re gulations, Title 24, Part 4), Plumbing Code (California Code of Regulations, Title 24, Part 5), Energy Code (California Code of Regulations, Title 24, Part 6), Historical Building Code Ca lifornia Code of Regulations, Title 24, Part 8), Existing Building Code California Code of Re gulations, Title 24, Part 10), and Green Building Standards Code (California Code of Regulations, Title 24, Part 11), with amendments pursuant to Health and Safety Code Sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10; and
WHEREAS, on November 18, 2025, the County Board of S upervisors acting in its capacity as the Board of Directors of the Crockett-Carquinez Fi re Protection District and the Contra Costa County Fire Protection District adopted County Ordinance No. 2025-14 adopting 2025 California Fire Code (California Code of Regulations, Title 24, Part 9), with amendments pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10; and
18 Ordinance No. ___
WHEREAS, on December 9, 2025 the County Board of Supervi sors acting in its capacity as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District adopted County Ordinance No. 2025-15 adopting 2025 California Wildland-Urban Interface Code (California Code of Regulations, Title 24, Part 7) with amendments pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10; and WHEREAS, the City of Hercules desires to adopt th e new California Building Standards Code with amendments developed and adopted by th e County of Contra Costa through Ordinance No. 2025-19 and by the County Board of Supervisors actin g in its capacity as the Board of Directors of the Crockett-Carquinez Fire P rotection District and the Contra Costa County Fire Protection District through Ordinance Nos. 2025-14 and 2025-15; and WHEREAS, the findings supporting County and Fire District amendments, additions, and deletions to the Statewide Building Standards Code are attached to the January 13, 2025, City Council staff report and have b een reviewed and adopted by th e Contra Costa County Board of Supervisors, acting both in its own capacity and as the Board of Supervisors for Contra Costa County, as well as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District; and
WHEREAS, with the adoption of the County O rdinance’s, the County made certain findings required by Health and Safety Code Section 17985.7 related to the local climatic, geological, topographical and envi ronmental conditions that make reasonably necessary the County Ordinance’s amendments to the Statewide Codes
WHEREAS, amendments are authorized under S ections 50020-50022.9 of the California Government Code without the need for a separate filing of findings, and therefore, findings are not attached to this document nor are they required to be forwarded to the California Building Standards Commission; and
WHEREAS, the proposed ordinance establishes a new Ge neral Provisions chapter applicable to Title 9, which includes administrative provisions, references to the Building Official, and consolidated enforcement and pena lty provisions previously located elsewhere in the Municipal Code; and
WHEREAS, the proposed ordinance relocates the Board of Appeals provisions to Chapter 2 of Title 9 without substantive modification, preserving existing appeal rights and procedures; and WHEREAS, the proposed ordinance relocates the Uniform Code for the Abatement of Dangerous Buildings to Chapter 4 of Title 9 and readopts the 1994 edition of that code with the City’s existing amendments, additions, and deletions; and 19 Ordinance No. ___
WHEREAS, the proposed ordinance relocates the Inter national Property Main tenance Code to Chapter 5 of Title 9 and updates the adopted reference to the 2024 edition, with the City’s existing amendments, additions, and deletions; and
WHEREAS, the City Council finds that the reorganization, relocation, updating, and deletion of provisions within Title 9 are administrative and structural in nature, do not impose new or more restrictive building standards, and are necessary to promote clarity, consistency, and effective enforcement of building and safety regulations within the City; and WHEREAS, the City Council desires to adopt this ordinance to ensure that the Hercules Municipal Code remains current, internally c onsistent, and aligned with State and County building standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. REPEAL AND REPLACE. City of Hercules Municipal Code Title 9 “Buildings Regulations” is deleted in its entirety and replaced with the following:
Title 9 Building Regulations
Chapter 1 GENERAL PROVISIONS
Sec. 9-1.01 Administration.
The ordinance codified in this title is adop ted as the building regulations of the City of Hercules and may be cited as such.
Sec. 9-1.02 Reference to officials in adopted codes.
Whenever reference is made in this Title or the c odes adopted by reference in this title, to the "building inspector", "inspector", "electrical inspector", "plumbing inspector", "mechanical inspector", "building official" , "Director of the Building Inspection Department", "City building inspector" or "City building official", it shall mean the Contra Costa County director of building in spection, county building official, building inspector, or any of his or her duly authorized deputies during such period when the County of Contra Costa is providing building in spection services for the City of Hercules and while such officials are acting as the City's representatives in such matters. These terms shall also include the City Manage r, Community Development Director or City Engineer and their designees when enforcing the provisions of this title. Furthermore, references to "state" shall mean the State of California, to "Housing Act" shall mean the Housing Act of this state, to "county building official, administrative authority, or fire chief" shall mean the director of building in spection of Contra Costa County, and to "county" shall mean the County of Contra Costa.
20 Ordinance No. ___
Sec. 9-1.04 Violation-Penalty
Any violation of the code secti ons designated in this Title shall constitute an infraction, unless provided otherwise. The City of Hercules may prosecute violations of this Title as misdemeanors in addition to any other remedies provided in this Code or allowed by law.
Section 1-4.01 outlines the penalties for any failure to comply with any of the requirements of the Municipal Code for either misdemeanors or infractions.
Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mecha nical or plumbing system before obtaining the necessary permits shall be subject to doub le fee penalty for all required permits as allowed by the California Building Codes.
Failure to comply. Any person who continues any work after having been served with a stop work order is subject to an administra tive citation per the procedure outlined in Section 1-4.02, Administrative Citations — Procedures, except any work that a person is directed by the building official to perform to remove a violation or unsafe condition.
Chapter 2 BOARD OF APPEALS
Sec. 9-2.01 Administration.
The Board of Appeals shall consist of three (3) members, who shall be qualified by experience in training to pass upon matters pert aining to building construction and who are not employees of this jurisdiction.
Sec. 9-2.02 Appointments.
The members of the Board shall be appointed by the City Council.
Sec. 9-2.03 Term.
The members of the Board shall serve for a term of two (2) years, or until their successors are appointed, unless removed from office as specified in Section 9-9.05.
Sec. 9-2.04 Powers and Duties.
(a) To affirm, reverse, modify, or set aside any finding, determination, notice, or action of the Building Official which is appealed relating to the provisions of the Uniform Codes adopted as amended by the City of Hercu les; and to determine on appeal from the decision of the Building Official the suitab ility of alternate materials and methods or type of construction, and to provide for reasona ble interpretations of the Uniform Codes adopted by the City of Hercules.
(b) To establish rules of procedure for notices and service, conducting of investigations and hearings on appeal, and rendering of decisions.
(c) To serve in an advisory capacity to refe r any owner and/or occupant to an appropriate public or private agency for information. Upon hear ing appeals, the Board shall exercise 21 Ordinance No. ___
its powers in such manner that the public welf are is secured and substantial justice is done most nearly in accord with the intent and purpose of this Chapter.
Sec. 9-2.05 Removal.
Members of the Board of Appeals serve at the pleasure of the City Council, and may be removed at any time, with or without cause, by a majority vote of the Council.
Sec. 9-2.06 Quorum.
For the purpose of transacting business, a quorum of the Board shall consist of two (2) members.
Sec. 9-2.07 Officers.
At the first meeting of each calendar year the Board shall elect its officers. The Building Official shall be the secretary of the Board.
Sec. 9-2.08 Administering Oaths— Subpoenas.
Each member of the Board shall have the power to administer oaths. The City Clerk shall issue subpoenas; willful failure to appear to testify in response to any such subpoena or to produce any item pursuant to a subpoena duces tecum shall be punished as a misdemeanor; the City Clerk shall cause subpoe nas to be issued under the seal of the City.
Sec. 9-2.09 Appeals.
Any person may appeal and shall be apprise d of his right to appeal to the Board on subjects coming within the Board's jurisdic tion, provided the appeal is made in writing and filed at the office of the Board, and upon the payment of the filing fee as set from time to time by resolution of the City Council , within ten (10) days after notice of any protested decision or action made pursuant to this Title.
Sec. 9-2.10 Hearings.
All hearings and meetings of the Board shall be open to the public. Records and minutes shall be kept of all proceedings of the Board and copies of the minutes shall be a matter of public record. The Board shall render all d ecisions and findings in writing to the Building Official with a duplicate copy to the appellant, and shall a pprise said interested parties of their right to appeal to the City Council and the time limitations for such appeal.
Sec. 9-2.11 Action by Council.
(a) An aggrieved person or pers ons and/or the Building Official may appeal the decision of the Board by filing a notice of appeal with the City Clerk within ten (10) days of the decision. The Board shall apprise said persons of their right to appeal to the Council and of the time limitations to appeal. Immediately upon receipt of timely notice of appeal, the City Clerk shall set the time and place for consideration of the appeal by the Council, and shall thereupon give written notice to all persons whose interest therein has been recorded 22 Ordinance No. ___
in any of the proceedings theretofore. Failure to file a timely notice of appeal shall relieve the City Clerk of the duty to set the matter for consideration by the Council. (b) The Council shall review the proceedings and decision of the Board when the decision of the Board is appealed to it. The Council may affirm, reverse, or modify, by resolution, the Board's decision and its decision shall be final.
Sec. 9-2.12 Enforcement.
The Building Official of the City is authorize d and directed to administer and enforce the provisions of this Chapter.
Sec. 9-2.13 Right of Entry.
Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe as defined in relevant Uniform Codes, the Building Official or his authorized representative, at al l reasonable times, may enter said premises to inspect the same or to perform any duty imposed upon the Building Official by this Code; provided, that if such building or premise s be occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized representative shall have re course to every remedy provided by law to secure entry.
Sec. 9-2.14 Rules and Regulations.
The Council may, from time to time, adopt by resolution rules and regulations to execute the provisions of this Chapter. This may not af fect the substance of the Chapter, but shall be limited to methods and procedures in the enforcement and administration of the Chapter.
Chapter 3 BUILDING STANDARDS CODE
Sec. 9-3.01 Adoption by Reference.
The 2025 California Building Code (Califor nia Code of Regulations, Title 24, Part 1 through 12), published by the International C ode Council (ICC), is adopted by the California Building Standards Commission into the California Building Standards Code, Title 24 of the California Code of Regulations.
The provisions of County Ordinance No. 2025- 19, approved by the Contra Costa Board of Supervisors on November 4, 2025, adopting the 2025 California Building Code (Part 2 Volume 1 & 2), the 2025 California Resident ial Code (Part 2.5), the 2025 California Electrical Code (Part 3), the 2025 Califor nia Mechanical Code (Part 4), the 2025 California Plumbing Code (Part 5), the 2025 California Energy Code (Part 6), the 2025 California Historical Building Code (Part 8), the 2025 California Existing Building Code 23 Ordinance No. ___
(Part 10) and the 2025 California Green Building Standards Code (Part 11) with changes, additions and deletions, are adopted by reference under the authority of Sections 50020- 50022.9 of the California Government Code.
The provisions of County Ordinance No. 2025- 14, approved by the Contra Costa Board of Supervisors acting in its capacity as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Cos ta County Fire Protection District adopted on November 18, 2025, adopting the 2025 California Fire Code (Part 9) with changes, additions, and deletions, are adopted by refe rence under the authority of Sections 50020- 50022.9 of the California Government Code.
The provisions of County Ordinance No. 2025- 15, approved by the Contra Costa Board of Supervisors acting in its capacity as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Cos ta County Fire Protection District adopted on December 9, 2025, adopting the 2025 California Wildland-Urban Interface Code (Part 7) with changes, additions, and deletions, are adopted by reference under the authority of Sections 50020-50022.9 of the California Government Code.
Chapter 4 ABATEMENT OF DANGEROUS BUILDINGS
Sec. 9-4.01 Administration.
These regulations shall be known as the "Code for Abatement of Dangerous Buildings," and may be so cited, and will be referred to herein as "this Chapter." This Code is one of the technical codes of Building Regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code.
Sec. 9-4.02 Adoption by Reference.
The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.
Sec. 9-4.03 Copies on File.
One (1) copy and the Abatement of Dangerous Buildings Code as adopted by Section 9-
4.02, and all amendments thereto, are kept on file in the office of the Building Official for inspection by the public.
Sec. 9-4.04 Amendments, Additions and Deletions.
Addition to Chapter 1, Section 102(b), Scope, to read as an additional paragraph as follows:
Section 102(b). The Administrative part of this chapter is in addition to the City of Hercules Building Regulations General Provisions, Title 9, Chapter 1, of the Hercules 24 Ordinance No. ___
Municipal Code. Where conflicts occur be tween this chapter and Chapter 1, the provisions of Chapter 1, Title 9 of the Hercules Municipal Code shall govern.
Sec. 9-4.05 Dangerous Building Defined.
Dangerous building shall be as defined in Section 302 of the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted in Section 9-3.02.
Sec. 9-4.06 Repair, Vacation and Demolition.
See Section 403 of the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted in Section 9-3.02.
Sec. 9-4.07 Enforcement of the Order of the Building Official. (a) Issuance of Order. After any order of the Building Official or the Board of Appeals made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of an infraction.
(b) Failure to Obey Order. If, after any orde r of the Building Official made pursuant to this Code has become final, th e person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Of ficial may (i) cause such person to be prosecuted under subsection (a) of this Section or (ii) institute any appropriate action to abate such building as a public nuisance.
(1) The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUPY
It is an infraction to occupy this building, or to remove or deface this notice.
Building Official
City of Hercules
(2) No person shall occupy any building whic h has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Buildi ng Official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Uniform Building Code and Chapter 9 of this Code.
(3) The Building Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessa ry to correct the conditions which render the building dangerous as set forth in the not ice and order; or, if the notice and ordered required demolition, to cause the building to be sold and demolished and the materials, rubble and debris therefrom removed and the lo t cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and rec overed in the manner 25 Ordinance No. ___
hereinafter provided in this Code. Any surplus realized from the sale of any such building, or from the demolition thereof, ove r and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.
Chapter 5 PROPERTY MAINTENANCE CODE
Sec. 9-5.01 Administration.
These regulations shall be known as the "In ternational Property Maintenance Code," and may be so cited, and will be referred to here in as "this Chapter." This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code.
Sec. 9-5.02 Adoption by Reference.
The 2024 International Property Maintenance C ode, including appendices, as published by the International Code Council is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to th e additions and deletions as set forth in this Chapter.
Sec. 9-5.03 Copies on File.
One (1) copy of the 2024 Edition of the Inter national Property Maintenance Code, as adopted by Section 9-5.02, is on file in the office of the Chief Building Official for inspection by the public.
Sec. 9-5.04 Amendments, Additions, and Deletions.
Amending Section 302.4, "Weeds," to read:
All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches.
Amending Section 304.14, "Insect Screens," to read:
Every door, window and other outside openi ng required for ventilation of habitable rooms, food preparation areas, food service ar eas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.
Amending Section 602.3, "Heat Supply," to read:
Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, ei ther expressed or implied, to furnish heat 26 Ordinance No. ___
to the occupants thereof shall supply heat sufficient to maintain a temperature of not less than 68° F in all habitable rooms, bathrooms, and toilet rooms.
Amending Section 602.4, "Occupiable work spaces," to read:
Indoor occupiable work spaces shall be supplied with heat sufficient to maintain a temperature of not less than 65° F during the period the spaces are occupied.
Amending Section 604.2, "Service," to read:
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in acc ordance with the National Electrical Code.
Dwelling units shall be served by a thre e-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
Amending Section 702.1, "General," to read:
A safe and unobstructed path of travel shal l be provided from any point in a building or structure to the public way. Means of egre ss shall comply with the California Fire Code.
Amending Section 702.2, "Aisles," to read:
The required width of aisles in accordance w ith the California Fire Code shall be unobstructed.
Amending Section 702.3, "Locked Doors," to read:
All means of access doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Building Code.
SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, su ch 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 there of, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.
SECTION 3. 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.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 13
th day of January, 2026, and was passed and adopted at a regular meeting of the Hercules City Council on the 10th day of February 2026, by the following vote:
27 Ordinance No. ___
AYES:
NOES:
ABSENT:
ABSTAIN:
Chris Kelley, Mayor
__________________________________________
Eibleis Melendez
City Clerk
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 FINDINGS FOR ORDINANCE NO. 2025-19
1 CONTRA COSTA COUNTY
FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS
TO STATEWIDE BUILDING STANDARDS CODE
The California Building Standards Commission has adopted and published the 2025 Building Standards Code, which is comprised of the 2025 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing, and Green Building Standards Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development.
Although these codes apply statewide, Hea lth and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifi cations and changes are reasonably necessary because of local climatic , geological, or topographical conditions. For amendments to the California Green Building Standards Code, local c limatic, geological, and topographical conditions include lo cal environmental conditions.
Ordinance No. 2025-19 adopts the statewide codes and amends them to address local conditions.
Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2025-19 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below.
I. Local Conditions
A. Geological and Topographic
1. Seismicity
(a) Conditions
Contra Costa County is mapped as Seismic Design Categories D and E, indicating very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. (b) Impact
A major earthquake could severely restrict the response of Contra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires may develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas within the County to fault traces necessitates adopting stricter structural construction standards.
45 FINDINGS FOR ORDINANCE NO. 2025-19
2 2. Soils
(a) Conditions
The area is replete with various soils, many of which are expansive. Many areas have landslide prone soils, and some areas are potentially liquefiable during severe seismic shaking.
Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percentage of slope, many exceeding 20%. Several of these roads extend up through the winding passageways in the hills providing access to remote housing subdivisions. Most of these roads are private with no established maintenance program.
(b) Impact
During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be unpassable preventing fire protection resources from reaching fires caused by gas line ruptures or other sources.
3. Topographic
(a) Conditions
i. Vegetation
Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations 6 to 8 months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings.
This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources.
ii. Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for Fire District resources in and to District areas.
iii. Buildings, Landscaping, and Terrain
Many buildings and building complexes have building access and landscaping features and designs which preclude or greatly limit any approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width, and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts.
When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Access problems often severely delay fire and smoke control efforts. In existing structures where 46 FINDINGS FOR ORDINANCE NO. 2025-19
3 pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel.
(b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur.
Other variables may intensify the situation:
• The extent of damage to the water system.
• The extent of isolation due to bridge and/or freeway overpass collapse. • The extent of roadway damage and/or amount of debris blocking the roadways.
•
Climatic condition (hot, dry weather with high winds).
• Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours. •
The availability of timely mutual aid or military assistance. • The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations.
•
The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations.
More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not impact the availability of the County’s fire or public safety resources.
B. Climatic
1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April, and 4% from May through September. May through September is a dry 5-month period each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45 to 65% during spring, summer, and fall, and from 60 to 90% in the winter. It occasionally falls as low as 15%.
(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are 47 FINDINGS FOR ORDINANCE NO. 2025-19
4 often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single-family residence during these dry periods.
Because of dryness, a rapidly burning gas fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.
2. Greenhouse Gas Emissions
(a) Conditions
The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “transportation” (all on-road vehicles such as automobiles and trucks, and off- road vehicles such as trains, ships, aircraft, and farm equipment) as a primary pollution source. According to the 2020-2022 statewide inventory (2024 Edition), the transportation sector remains the largest source of greenhouse gas emissions, accounting for 37.7% of the total greenhouse gas emissions. Emissions from waste, comprising 2.2% of the total greenhouse gas emissions, have grown by
14.1% since 2000, and 96% of that amount is landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal.
On November 5, 2024, Contra Costa County adopted its 2045 General Plan and 2024 Contra Costa County Climate Action and Adaptation Plan (CAAP). An updated local greenhouse gas emission inventory was included as part of the 2024 CAAP. For the purpose of reducing greenhouse gas emissions, the C2024 CAAP contains 29 climate action strategies, 11 of which directly result in greenhouse gas emission reductions. These strategies include, among other things, actions to support limiting the amount of waste disposal in landfills, actions to increase the installation of electric vehicle charging stations for all vehicle types as well as actions to increase the use of zero-emission vehicles throughout unincorporated Contra Costa County.
(b) Impact
More restrictive electric vehicle charging standards and construction and demolition waste recovery requirements would be consistent with the intent of State legislation and County requirements to aggressively implement energy and waste policies designed to ensure success in meeting their greenhouse gas emission reduction goals.
48 FINDINGS FOR ORDINANCE NO. 2025-19
5 3. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures.
Another impact from high temperatures is that combustible building material and non- irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. The change of temperatures throughout the County between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines. This necessitates that voltage drops be considered.
More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not have a negative impact on the temperature conditions within the County.
4. Winds
(a) Conditions
Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry condition.
(b)
Impact
Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles.
Winds of the type experienced locally also reduce the effectiveness of exterior 49 FINDINGS FOR ORDINANCE NO. 2025-19
6 water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials, buildings with inadequately separated interior areas, or buildings lacking automatic fire protection systems, proper gas shut-off devicesor proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.
More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements, would not have a negative impact on the wind conditions within the County.
II. Necessity of More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that require the more restrictive fire protection, structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2025-19.
A. The ordinance amends the 2025 California Building Code by:
1. Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.002(b).)
2. Requiring wood shakes or shingles used for exterior wall covering to be fire treated. (§ 74-4.002(c).)
3. Requiring special inspections for concrete compressive strength at certain foundations to be consistent with code requirements for concrete at other locations. (§ 74-4.002(d).)
4. Addressing the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(e), § 74-4.002(g), and § 74-4.002(h).)
5. Prohibiting placement of reinforcement while the concrete is in a semifluid condition thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4.002(f).)
6. Requiring minimum strength and construction standards for slabs-on-ground. (§ 74-4.002(i).)
B. The ordinance amends the 2025 California Residential Code by:
1. Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.004(b).)
2. Prohibiting the use of gypsum wallboard as braced wall panels in single- and two- family dwellings and accessory structures, and by limiting the use of Portland 50 FINDINGS FOR ORDINANCE NO. 2025-19
7 Cement Plaster braced walls to one story single- and two-family dwellings, as these materials have performed poorly during recent California seismic events. (§74- 4.004(c) and §74-4.004(d).)
C. The ordinance amends the 2025 California Green Building Standards Code by:
1. Imposing more restrictive electric vehicle charging standards, as follows:
(a) For new multi-family buildings, requiring ten percent of the total number of parking spaces be equipped with fully-operational Level 2 electric vehicle supply equipment for all multi-family buildings. (§ 74-4.006(c).) (b) For new non-residential buildings, other than office and retail buildings, increasing the number of designated electric vehicle parking spaces that must have fully functional charging equipment. (§ 74-4.006(h).)
2. Imposing more restrictive construction waste reduction, disposal, and recycling standards consistent with those presently enforced in the County as follows:
(a) Imposing the mandatory restrictions from Chapter 4 of the 2025 CGBSC on certain projects for existing residential buildings, including:
i. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. (§ 74-4.006(a).) ii. Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. (§ 74-4.006(a).) iii. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. (§ 74-
4.006(a) and § 74-4.006(b).)
(b) Eliminating the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. (§ 74- 4.006(d).)
(c)
Requiring measuring of all generated debris to ensure that at least 65% is diverted from landfills. (§ 74-4.006(g) and § 74-4.006(l).) (d) Requiring more comprehensive documentation for construction waste management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. (§ 74-4.006(e) and § 74-
4.006(j).)
D. The amendments to the 2025 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code, and to be consistent with the administrative provisions of the statewide codes as amended.
III. Assembly Bill 130 Findings
In addition to the requirement that modifications and changes be reasonably necessary because of local climatic, geological, or topographical conditions, Assembly Bill 130 imposed additional limitations to modifications and changes that impact residential units. 51 FINDINGS FOR ORDINANCE NO. 2025-19
8 After October 1, 2025, a local jurisdiction may not make any modification or change to these codes that is applicable to residential units, except under specifically enumerated conditions. (Health & Saf. Code, § 17958.5(c).) The enumerated conditions that permit a local jurisdiction to make a modification or change affecting residential units include but are not limited to: (i) the change or modification is substantially equivalent to a change or modification that was in effect as of September 30, 2025 (Health & Saf. Code, § 17958.5(c)(1)), and (ii) the change or modification relates to home hardening (Health & Saf.
Code, § 17958.5(c)(3)).
With one exception, each of the modifications applicable to residential units included in Ordinance No. 2025-19 were also included in Ordinance No. 2022-35, Contra Costa County’s adoption of the 2022 California Building Code with local amendments. The Contra Costa County Board of Supervisors adopted Ordinance No. 2022-35 on November 8, 2022, and the County’s adopted 2022 California Building Code with local amendments was effective on January 1, 2023. According, the modifications applicable to residential units included in Ordinance No. 2025-19, with one exception, are permitted under AB130 because they are substantially similar to modifications that were in effect in Contra Costa County as of September 30, 2025.
Ordinance No. 2025-19 modifies Section 1405.2 of the California Building Code (§ 74-
4.002(c)), to require that
wood shakes or shingles used for exterior wall covering to be fire treated. Ordinance No. 2022-35 also included this modification, but included an exception for when the exterior wall was at least 10 feet from the property line or faced a street. Thus, the modification in Ordinance No. 2025-19 is more restrictive than the modification previously in effect in Contra Costa County. Nevertheless, Ordinance No. 2025-19’s modification to Section 1405.2 is permitted under AB130 because it relates to home hardening as it further protects the subject residential unit from fire and inhibits the spread of fire to surrounding residential units.
52 Ordinance No. 2025-14
1 ORDINANCE NO. 2025-14
(Adoption of the 2025 California Fire Code and Local Amendments)
ORDINANCE OF COUNTY OF CONTRA COSTA, THE CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT, AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT ADOPTING THE 2025 CALIFORNIA FIRE CODE WITH AMENDMENTS.
The Contra Costa County Board of Supervisors, acting in its capacity as the Board of Supervisors for Contra Costa County, and as the Board of Director s of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District, ordains as follows:
SECTION 1. SUMMARY. This ordinance adopts the 2025 California Fire Code (California Code of Regulations, Title 24, Part 9), subject to the changes, additions, and deletions that are necessary because of local climatic, geological, or topographical conditions. This ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10.
SECTION 2. 2025 CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS. Chapter 722-2 (Adoption) of Division 722 (Fire Code) of the Count y Ordinance Code is repealed and replaced with new Chapter 722-2 (Fire Code), to read:
“Chapter 722-2 FIRE CODE
722-2.002. Adoption. The 2025 California Fire Code (California Code of Regulations, Title 24, Part 9 [based on the 2024 International Fire Code published by the International Code Council]), including Chapters 1-12 and 20-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, Appendix K, and Appendix P, as amended by the changes, additions, and deletions set forth in this chapter , is
adopted by this reference as though fully set forth herein as the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District. The provisions of this chapter are controlling and enforceable within the limits of each jurisdiction. (Ord. 2025-14 § 2; Ord. 2022-34 § 1; Ord. 2016-13 § 1.)
722-2.004. Local Amendments. The 2025 California Fire Code is amended by the changes, additions, and deletions set forth in this section. Chapter and section numbers used below are those of the 2025 California Fire Code.
(a) Section 101.1 of Chapter 1 (Scope and Administration) is amended to read:
“101.1 Title. This code is the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, and is hereinafter referred to as ‘'this code.’”
(b) Section 102.1 of Chapter 1 (Scope and Administration) is amended to add Item 5, to read:
“5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.”
53 Ordinance No. 2025-14
2 (c) Section 105.5 of Chapter 1 (Scope and Administration) is amended, to read:
“105.5. Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.60.”
(d) New Section 105.5.60 is to Chapter 1 (Scope and Administration) to read:
“105.5.60 Five-year sprinkler test. An operational permit is required to engage in the business of conducting the five-year test of an automatic fire sprinkler systems or standpipe, in accordance with NFPA 25 (Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems), 2013 California Edition.
(e) Section 105.6 is amended to read
“105.6. Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.25.”
(f) Section 105.6 is amended by adding Sections 105.6.26 through 105.6.30, to read:
“105.6.26. Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private ro adways, driveways, and bridges for which Fire District access is required by the Fire Code.
105.6.27. Construction, Substantial Alteration, Additions of a bu ilding for which a building permit is required. Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, addi tions or renovation of a building within the jurisdiction where a building permit is required.
Exception: Non-sprinklered Group R-3 Occupancies wher e work does not involve a substantial addition or substantial alteration.
105.6.28. Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.
105.6.29. Water supply for fire protection. Plans shall be submitted to th e fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, build ings, or portions of buildings ei ther constructed or moved into the District pursuant to Section 507.
105.6.30. Land Development. Plans shall be submitted to the fi re code official for all land developments or improvements proposed within the jurisdiction.”
(g) Section 112.4 is amended to read:
“112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit to continue; and all such persons sha11 be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days 54 Ordinance No. 2025-14
3 that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.” (h) Section 202 or Chapter 2 (Definitions) is amended to include the following additional defined terms:
“Administrator. Shall mean the Fire Chief.”
“Aerial Pre-Plans. An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The preplan shall be developed in accordance with a format approved by the AHJ. Preplan symbols shall comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning).”
“All-weather driving surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.”
“Board of Directors. The Contra Costa County Board of Supervis ors, acting in its capacity as either the governing body of the Crockett- Carquinez Fire Protection Distri ct, or the governing body of the Contra Costa County Fire Protection District, depending which agency has jurisdiction.
“Board of Fire Commissioners. An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors.”
“Combustible Material. Rubbish, litter or material of any ki nd other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.”
“Driveway. A private roadway that provides access to no more than two (2) single-family dwellings.”
“Fire Trail. A graded firebreak of suff icient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus.”
“Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as determined by the fire code official.”
“Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box, size and style, approved by the Fire Code Official or designee that meets the requirements and uses the same security key code adopted by the Fire District”
“Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.”
“Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 55 Ordinance No. 2025-14
4 14876) or any violation of this code.”
“Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.”
“Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.”
“Rural Residential Area. An area generally designated for single-family residential use with parcels between three (1.21406 l 9ha) and 10 (4.046873ha) acres in size.”
“Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water- flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.” “Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private road, paper street and, easements.”
Substantial Addition. Any change to an existing building or structure that meets both of the following criteria:
(a) adds gross floor area that exceeds fifty percent of the gross floor area of the existing building or structure; and
(b) results in the building or structure and the addition having a combined new gross floor area of 5,000 square feet or more.
Substantial Alteration. Any change to an existing building or structure that meets both of the following criteria within a one-year period:
(a) The removal of fifty percent or more of the linear length of any interior or exterior wall of the building or structure; and
(b) The removal and replacement of fifty percent or more of the area of the building or structure’s roof.
“Temporary Fire Department Access Road. A temporary, all-weather roadway constructed and maintained for the purpose of providing fire apparatus access to buildings, structures, or portions of a site under development until such time as the pe rmanent fire apparatus access road is installed and approved. Temporary access roads shall be designed, constructed, and maintained to support the imposed loads of fire apparatus, provide the required width and vertical clearance, and remain clear and unobstructed at all times during construction.”
(i) Chapter 3 (General Precautions Against Fire) is amended by adding new Section 324 (Exterior Fire Hazard Control), to read:
“324. Exterior Fire Hazard Control.
324.1. Subsurface Fires.
324.1.1. Peat Fire. It is the duty of each pers on, firm, corporation, or association not to permit a peat fire or a fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material 56 Ordinance No. 2025-14
5 at the owner's own cost and expense.
324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire invol ving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or com bustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.)” (j) New Section 401.5.1 is added to Chapter 4 (Emergency Planning and Preparedness), to read:
“401.5.1. Nuisance Fire Alarm. A fee may be charged for false or nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors.”
(k) New Section 401.10 is added to Chapter 4 (Emergency Planning and Preparedness), to read:
“401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.” (l) New Section 401.11 is added to Chapter 4 (Emergency Planning and Preparedness), to read:
“401.11 Standby Personnel. Where, in the opinion of the fire c ode official or Fire Chief, it is essential for public safety in a place of assemb ly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall pr ovide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2. Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.”
(m) Section 503.1.1 in Chapter 5 (Fire Service Features) is amended, to read:
“503.1.1. Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Exceptions:
1. The fire code official is authorized to increase the dimension to 250 feet where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.”
(n) Section 503.1.4 is added to Chapter 5 (Fire Service Features), to read:
57 Ordinance No. 2025-14
6 “503.1.4. Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official.” (o) Section 503.1.5 is added to Chapter 5 (Fire Service Features), to read:
“503.1.5. Existing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.”
(p) Section 503.2.1 in Chapter 5 (Fire Service Features) is amended to include the following exception:
“Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single-family dwellings.”
(q) Section 505.3 is added to Chapter 5 (Fire Service Features), to read:
“505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not dup licate existing street names and addressing.”
(r) Section 506.2.1 is added to Chapter 5 (Fire Service Features) read:
“506.2.1 Knox Box upgrade. All current businesses and occupa ncies with current Knox Boxes shall upgrade their lockbox to the eCore Technology by December 31, 2028.”
(s) Section 901.6.3 in Chapter 9 (Fire Protection Systems) is amended, to read:
“901.6.3 Records. Records of all system inspections, te sts, and maintenance required by the reference standards shall be submitted to a third party electronic record keeping service as chosen by the fire district.”
(t) Section 902.1 in Chapter 9 (Fire Protection Systems) is amended to include the following definitions:
“Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.”
“Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one- year period.”
(u) Section 903.2.1.1 in in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.1.1. Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A- 1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge se rving that occupancy where one of the following conditions exists:
58 Ordinance No. 2025-14
7 1. The fire area exceeds 5,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
4. The fire area contains a multi-theater complex.”
(v) Section 903.2.1.3 in Chapter 9 (Fire Protection Systems) is amended, to read:
“
“903.2.1.3. Group A-3. An automatic sprinkler system sh all be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by firewalls of less than 4-hour fire resistance rating without openings.”
(w) Section 903.2.1.4 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.1.4. Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A- 4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.”
(x) Section 903.2.2 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.2. Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.”
(y) Section 903.2.9.1 in Chapter 9 (Fire Protection Systems) is amended to include the following exception:
“Exception: Floors classified as an open parking garage are not required to be sprinklered.”
(z) Section 903.2.3 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.3. Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:
1. Throughout all Group E fire areas greater than 2,000 square feet in area.
Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet
2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.
59 Ordinance No. 2025-14
8 Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.
3. The Group E fire area has an occupant load of 300 or more.
4. In rooms or areas with special hazards such as laboratories, vocational shops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.
5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.
6. For public school state-funded construction projects, see Section 903.2.19.
7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.” (aa) Section 903.2.4 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.4. Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
1. A Group F-1 fire area exceeds 5,000 square feet.
2. A Group F-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2).”
(ab) Section 903.2.4.4 is added to Chapter 9 (Fire Protection Systems), to read:
“903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.”
(ac) Section 903.2.7 in Chapter 9 (Fire Protection Systems) is amended, to read “903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:
1. A Group M fire area exceeds 5,000 square feet.
2. A Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, in cluding any mezzanines, exceeds 10,000 square feet.
4. A Group M occupancy (is) used for the display an d sale of upholstered furniture or mattresses exceeds 5,000 square feet.
5. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more bu ildings by fire walls of less than 4-hour fire resistance rating without openings.”
(ad) Section 903.2.8.1.1 is added to Chapter 9 (Fire Protection Systems), to read:
“903.2.8.1.1 Group R-3 Substantial Addition or Alteration. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either a substantial addition 60 Ordinance No. 2025-14
9 or alteration occurs.”
(ae) Section 903.2.9 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.9. Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
1. A Group S-1 fire area exceeds 5,000 square feet.
2. A Group S-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
4. A Group S-1 occupancy used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.”
(af) Section 903.2.9.1 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:
1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.
2. Buildings not more than one story above grade pl ane, with a fire area containing a repair garage exceeding 5,000 square feet.
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet.”
(ag) Section 903.2.10.1 in Chapter 9 (Fire Protection Systems) is amended, to read:
903.2.10.1. Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:
1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.
2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.
(ah) Section 903.2.10.3 is added to Chapter 9 (Fire Protection Systems), to read:
“903.2.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.
Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system requirements in accordance with the 2025 California Building Code and 2025 California Fire Code without local amendment.” 61 Ordinance No. 2025-14
10 (ai) Section 903.3.1.1.4 is added to Chapter 9 (Fire Protection Systems), to read:
“903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure hei ght less than .14 feet, the fire sprinkler system shall be designed to confor m to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner 'and/or the occupant to upgrade the system.”
(aj) Section 903.3.5.3 is added to Chapter 9 (Fire Protection Systems), to read:
“903.3.5.3 Non-permissible water supply for automatic sprinkler systems. Water supply for automatic sprinkler systems shall not be supplied by swimming pools or ponds.”
(ak) Section 903.3.9 in Chapter 9 (Fire Protection Systems) is amended, to read:
“903.3.9. Floor control valves. Individual floor control valves and water flow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location. Exception: Group R-3 and R-3.1 Occupancies.”
(al) Section 903.6.1 and 903.6.2 are added to Chapter 9 (Fire Protection Systems), to read:
“903.6.1 Substantial Addition. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 5,000 square feet. Group R-3 substantial additions or alterations shall comply with Section 903.2.8.1.1.
903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard cate gory shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 101 1.5 of the current edition of the International Existing Building Code, as published by the Intern ational Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard).”
(am) Section 3303.1.2 is added to Chapter 33 (Fire Sa fety During Construction and Demolition), to read:
“3303.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire o fficial, based on previous fires or hazards that occurred on site or occurring within the jurisdiction.” (an) Section 3303.1.3 is added to Chapter 33 (Fire Sa fety During Construction and Demolition), to read:
“3303.1.3 Site Security requirements. Site security requirements shall include the following if deemed necessary by both the building official and fire official:
1. Controlled access points
2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top
3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols 62 Ordinance No. 2025-14
11 4. Detection check points located throughout the buildings for fire watch and patrol verification
5. Security camera coverage throughout the site with motion detection notification.
6. Identify measures taken to prevent tampering with security cameras and motion sensors
7. Necessary lighting throughout the project site.”
(ao) Section 4104.2 in Chapter 41 (Temporary Heatin g and Cooking Operations) is amended, to read:
“4104.2 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.
Exceptions:
1. Residential occupancies
2. Where buildings, balconies and decks are protected by an automatic sprinkler system.
3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 2 1/2 pounds.”
(ap) Section 5001.5.1 in Chapter 50 (Hazardous Materials – General Provisions) is amended to add item numbers 10 and 11, to read:
“10. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment.
11. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references.”
(aq) Section 5001.5.3 is added to Chapter 50 (Hazardous Materials – General Provisions), to read:
“5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP ), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location; as determined by the fire code official. This locati on may be in cabinets located ou tside of facilities or buildings.
Information may be required to be maintained in a specific elect ronic media format to facilitate computer aided dispatching.”
(ar) Section 5003.9.1.2 is added to Chapter 50 (Hazardous Materials – General Provisions), to read:
“5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.”
(as) Section 5601.1.3 in Chapter 56 (Explosives and Fireworks) is amended, to read:
“5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604
2. Manufacture, assembly and testing of firework as allowed in Section 5605 and Health and Safety Code Division 11.
3. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and 63 Ordinance No. 2025-14
12 pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks, reprinted in Section 5608 and Health and Safety Code Division 11.”
(at) Sections 5601.1.3.1 through 5601.1.3.3 are added to Chapter 56 (Explosives and Fireworks), to read:
“5601.1.3.1 Definitions. "Responsible party'' means any of the following:
(a) A person that owns, rents, leases , or otherwise has possession of, or is in immediate control of, a residence or other private property or a vessel.
(b) A person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to, the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.
Exception: If a residence or other private property is rented or leased for a period of more than 30 consecutive days, the landlord or lessor is not a responsible party unless the landlord or lessor: has possession of, or is in immediate control of, th e residence or other private property; or has knowledge of the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at the residence or other private property.
5601.1.3.2 Responsible party liability. A responsible party shall maintain, manage, and supervise the residence or other private property, or vessel, for which they are responsible to prevent violations of this chapter. A responsible party violates this chapter if any person possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the residence or other private property, or on the vessel, for which the responsible party is responsible, regardless of whether the responsible party is present when the violation occurs.
5601.1.3.3 Infraction arrest and citation. Any Fire Official and any City, County, or State Peace Officer, shall have and are hereby vested with the authority to ar rest any person who violates the following provisions of the Code and other codes an indicated, punishable as an infraction or an administrative citation.”
(au) Section 5601.2.2 in Chapter 56 (Explosives and Fireworks) is amended, to read:
“5601.2.2 Sale and retail display. Persons shall not construct a retail display nor offer for sale explosives, explosive materials or fireworks on highways, sidewalks, public property or in Group A or E occupancies within the jurisdiction.”
(av) Section 5601.2.4 in Chapter 56 (Explosives and Fireworks) is amended, to read:
“5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the sa me amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities sh all be exempt from this bond requirement.
64 Ordinance No. 2025-14
13 Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608.”
(aw) Section 5703.3 in Chapter 57 (Flammable and Combustible Liquids) is amended, to read:
“5703.3 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE) stamped risk assessme nt is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.”
(ax) Section 5704.2.9.6.1 in Chapter 57 (Flammable and Combustible Liquids) is amended, to read:
“Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.
Exception: Above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision.” (ay) Section 5706.2.4.4 in Chapter 57 (Flammable and Combustible Liquids) is amended, to read:
“Section 5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.
Exception: Above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision.” (az) Section 5806.2 in Chapter 58 (Flammable Gasses and Flammable Cryogenic Fluids) is amended, to read:
“5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.
Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.” //
//
//
//
65 Ordinance No. 2025-14
14 (ba) Table B105.2 in Appendix B (Fire-Flow Requirements for Buildings) is amended, to read:
“TABLE B105.2
Required Fire-Flow for Buildings Other Than One- and
Two-Family Dwellings, Group R-3 and R-4 Buildings and Townhouses
AUTOMATIC
SPRINKLER
SYSTEM (DESIGN
STANDARD)
MINIMUM FIRE-FLOW
(GALLONS PER MINUTE)
FLOW DURATION (HOURS)
No automatic
sprinkler system
Value in Table B105.1(2) Duration in TableB105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table Bl05.1(2) at the
reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
For SJ: 1 gallon per minute= 3.785 Lim
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.”
(bb) Table C102.1 in Appendix C (Fire Hydrant Lo cations and Distributions) is amended, as follows:
(i) The title is amended to read: “TABLE Cl02.l REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnote hand J)”
(ii) The heading of the fourth column of Table C102.1 is amended to read: “MAXIMUM
DISTANCE FROM ANY POINT ON STREET OR ROAD FRONTAGE TO A HYDRANT (d, f, g, i)”
(iii) Footnotes “i” and “j” are added to Table C102.1, to read:
“i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.
j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.”
(bc) Section D102.1 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
“D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds (34 050 kg).
Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent.”
(bd) Section D103.2 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
66 Ordinance No. 2025-14
15 .
“D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concrete surface shall be½ inch (13 mm) wide by½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45-degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.” (be) New Section D103.2.1 is added to Appendix D (Fire Apparatus Access Roads), to read:
“D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.” (bf) Section D103.3 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
“D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a min imum standard turning radius of25 feet (7620 mm) inside and 45 feet (13 716 mm) outside.”
(bg) Figure D103.1 in Appendix D (Fire Apparatus Access Roads) is deleted and replaced with following new Figure D103.1:
67 Ordinance No. 2025-14
16 (bh) Table D103.4 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
“Table D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS
LENGTH
(feet)
MINIMUM WIDTH
(feet )
TURNAROUNDS REQUIRED
0-150 20a None required
151 -
750 20a 100-foot Hammerhead, SO-foot "Y", 75-foot Shunt or 90-foot- diameter cul-de-sac in accordance with
figure D103.1
Over 750
Special Approval
Required
Special approval required
68 Ordinance No. 2025-14
16 a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.
b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations appr oved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length.”
(bi) Criterion 1 in Section D103.5 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
“1. The minimum clear width shall be 20 feet (6096mm).
Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.” (bj) Criterion 9 is added to Section D103.5 of Appendix D (Fire Apparatus Access Roads), to read:
“9. All gates shall be installed and located a minimum of 30 feet off the street.” (bk) Criterion 10 is added to Section D103.5 of Appendix D (Fire Apparatus Access Roads), to read:
“10. At the discretion of the Fire District, a Click2Enter system shall be installed for emergency access.”
(bl) Section D 103.6 in Appendix D (Fire Apparatus Access Roads), is amended to read:
“D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent “NO PARKING—FIRE LANE” signs.
1. Roadways 20 feet wide. Fire lane signs shall be posted on both sides of the road.
2. Roadways 21 to 28 feet wide. Fire lane signs shall be posted on one side of the road, as determined by the fire code official.
3. Emergency evacuation routes. As adopted by the local governing body as part of the local emergency evacuation plan, Fire lane signs shall be posted as designated by the fire code official, regardless of roadway width.
4. Enforcement. Fire lane restrictions established under this section shall be enforceable by both the fire code official and local law enforcement. Local law enforcement agencies are authorized to issue citations, order the removal of vehicles, and take other enforcement actions necessary to maintain fire apparatus access roads clear of obstructions. Vehicles parked in violation of this section may be cited and towed at the owner’s expense.” (bm) Section D106.1 in Appendix D (Fire Apparatus Access Roads) is amended, to read:
“D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.”
(bn) Section D106.2 in Appendix D (Fire Apparatus Access Roads) is deleted in its entirety. (Ord. 2025-14 § 2; Ord. 2022-34 §§ 2-3; Ord. 2016-23 § 2.) 69 Ordinance No. 2025-14
17 722-2.006. References to Prior Code. Unless superseded and expressly repealed, references in city forms, documents, and regulations to the chapters and sections of the Fire Code of Contra Costa County, the Crockett- Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2022, shall be construed to apply to the corresponding provisions contained within the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2025.
Ordinance 2022-34 and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.
(Ord. 2025-14 § 2; Ord. 2022-34 § 4; Ord. 2016-23 § 2.) 722-2.008. Validity. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this chapter, or of the 2025 California Fire Code as adopted and amended herein, is declared for any reason to be invalid, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination herefrom of any portion or provision as may be declared invalid. (Ord. 2025-14 § 2; Ord. 2022-34 § 5; Ord. 2016-23 § 5.) 722-2.010. More Restrictive Requirements. If requirements more restrictive than those in this chapter are adopted by the city of Antioch, Bay Point, Bethel Island, Brentwood, Byron, Clayton, Concord, Discovery Bay, Hercules, Knightsen, Lafayette, Martinez, Oakley, Pittsburg, Pleasant Hill, San Pablo, or Walnut Creek, or the County of Contra Costa, the more-restrictive requirements will apply only within the jurisdiction adopting those more-restrictive requirements.
(Ord. 2025-14 § 2; Ord. 2022-34 § 6; Ord. 2016-23 § 6.)”
SECTION 3. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage. This ordinance becomes operative January 1, 2026, or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code Section 25124, with the names of supervisors voting for and against it.
PASSED on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: MONICA NINO,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
Deputy
70 CONTRA COSTA COUNTY , CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,
AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT
FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9, CALIFORNIA FIRE CODE
The California Building Standards Commission has adopted and published the 2025 California Fire Code. The purpose of the code is to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises.
Health and Safety Code section
13869.7, 17958.5, and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions.
Ordinance No. 2025-14 adopts the 2025 California Fire Code and amends it to address local conditions. Pursuant to Sections
13869.7, 17958.5, and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2025-14 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below.
Local Conditions
A. Climatic
1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April and four percent from May through September. This is a dry period of at least five months each year.
Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%.
(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush, and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely.
71 Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.
2. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F. (b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.
Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more Fire District resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire District.
3. Winds
(a) Conditions
Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.
(b) Impact
Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing
72 conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts.
Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Fire District on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.
B. Geological and Topographic
1. Seismicity
(a) Conditions
Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955.
The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area.
The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Fire District has 3 distinct areas. They are: the West, which includes the Cities of San Pablo, Pinole, and Hercules and the communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch, Pittsburg, Brentwood and Oakley and the unincorporated communities of Bay Point, Bethel Island, Discovery Bay, Knightsen, Byron and Marsh Creek and Morgan Territory.
73 Because of the size of the Contra Costa County Fire Protection District (733 square miles), the characteristics of the fire environment changes from one location to the next. Therefore the District has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil refineries, to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas.
Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the District. There are 2 major rail lines which run through the District. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines.
Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District.
The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings. (b) Impact
A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems.
2. Soils
(a) Conditions
The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy.
Throughout the Fire District, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. Many of these roads are private with no established
74 maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable.
3. Topographic
(a) Conditions
(i) Vegetation
The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain.
Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District.
Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development. (ii) Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas.
(iii) Buildings, Landscaping and Terrain
Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire District vehicles create an adverse impact on fire suppression efforts.
When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized.
Difficulty reaching a fire site often requires additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts
unsuccessful.
75 (b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public Safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires.
Other variables may intensify the situation:
1. The extent of damage to the water system.
2. The extent of isolation due to bridge and/or freeway overpass collapse.
3. The extent of roadway damage and/or amount of debris blocking the roadways.
4. Climatic conditions (hot, dry weather with high winds).
5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.
6. The availability of timely mutual aid or military assistance.
7. The large portion of dwellings with wood shake or shingles coverings could result in conflagrations.
Necessity for More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that there are building and fire hazards unique to Contra Costa County that requires the increased fire protection requirements set forth in Ordinance No. 2025-14.
The ordinance amends Chapter 1 (Scope and Administration) of the statewide Fire Code by requiring a permit for certain activities and operations that pose fire hazards. The ordinance amends the statewide Fire Code by incorporating into Chapter 3 (General Precautions Against Fire) the fire districts’ exterior fire hazard control. The ordinance amends Chapter 4 of the statewide Fire Code (Emergency Planning and Preparedness) to require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider. The ordinance amends Chapter 5 (Fire Service Features) and Appendix D (Fire Apparatus Access Roads) of the statewide Fire Code to establish requirements for fire apparatus access roads to include protection of designated emergency evacuation routes as adopted by the local governing body as part of their emergency evacuation plan. The ordinance amends the statewide Fire Code by reducing the square footage thresholds found in Chapter 9 (Fire Protection Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. The ordinance amends Chapter 50 (Hazardous Materials - General Provisions) of the statewide Fire Code to enhance fire service
76 response and information available to occupancies in the District. The ordinance amends Chapter 56 (Explosives and Fireworks) of the statewide Fire Code to prohibit all fireworks in the District without a permit and an increase to the financial liability for permitted events. The ordinance amends Chapter 57 (Flammable and Combustible Liquids) of the statewide Fire Code to amend where above ground storage tanks may be located. The ordinance amends Chapter 58 (Flammable Gasses and Flammable Cryogenic Fluids) of the statewide Fire Code to amend where storage may be located. The ordinance amends Appendixes B and C (Fire-Flow Requirements for Buildings, Fire Hydrant Locations and Distribution) of the statewide Fire Code to amend the reduction of fire flow needed and the location of where hydrants are required.
77 78
79 80
81 82
CONTRA COSTA COUNTY , CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,
AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT
FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 7, CALIFORNIA WILDLAND-URBAN INTERFACE CODE
The California Building Standards Commission has adopted and published the 2025 California Wildland-Urban Interface Code . The purpose of this code is to establish minimum requirements to reduce the likelihood of life and property loss due to a wildfire through the use of performance and prescriptive requirements for construction and development in all Fire Hazard Severity Zones in State Responsibility Areas (SRA), and Local Responsibility Areas (LRA) designated as a Very High and High Fire Hazard Severity Zone, increase the ability of buildings located in any Fire Hazard Severity Zone within State Responsibility Areas (SRA), Local Responsibility Area (LRA), or Wildland-Urban Interface (WUI) Areas to resist the intrusion of flames or burning embers projected by a vegetation fire, and contribute to a systematic reduction in conflagration losses and reduce the likelihood of life and property loss due to a wildfire.
Health and Safety Code section 13869.7, 17958.5, and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions.
Ordinance No. 2025-15 adopts the 2025 California
Wildland-Urban Interface Code and amends it
to address local conditions. Pursuant to Sections 13869.7, 17958.5, and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2025-15 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below.
Local Conditions
A. Climatic
1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April and four percent from May through September. This is a dry period of at least five months each year.
Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%.
83 (b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush, and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely.
Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.
2. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F. (b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.
Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more Fire District resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire District.
3. Winds
(a) Conditions
Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.
(b) Impact
84 Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts.
Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Fire District on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.
B. Geological and Topographic
1. Seismicity
(a) Conditions
Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955.
The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area.
The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Fire District has 3 distinct areas. They are: the West, which includes the Cities of San Pablo, Pinole, and Hercules and the
85 communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch, Pittsburg, Brentwood and Oakley and the unincorporated communities of Bay Point, Bethel Island, Discovery Bay, Knightsen, Byron and Marsh Creek and Morgan Territory.
Because of the size of the Contra Costa County Fire Protection District (733 square miles), the characteristics of the fire environment changes from one location to the next. Therefore the District has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil refineries, to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas.
Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the District. There are 2 major rail lines which run through the District. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines.
Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District.
The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings. (b) Impact
A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems.
2. Soils
(a) Conditions
86 The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy.
Throughout the Fire District, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. Many of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable.
3. Topographic
(a) Conditions
(i) Vegetation
The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain.
Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District.
Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development. (ii) Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas.
(iii) Buildings, Landscaping and Terrain
Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire
87 District vehicles create an adverse impact on fire suppression efforts.
When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized.
Difficulty reaching a fire site often requires additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts
unsuccessful.
(b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public Safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires.
Other variables may intensify the situation:
1. The extent of damage to the water system.
2. The extents of isolation due to bridge and/or freeway overpass collapse.
3. The extent of roadway damage and/or amount of debris blocking the roadways.
4. Climatic conditions (hot, dry weather with high winds).
5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.
6. The availability of timely mutual aid or military assistance.
7. The large portion of dwellings with wood shake or shingles coverings could result in conflagrations.
Necessity for More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that there are building and fire hazards unique to Contra Costa County that requires the increased fire protection requirements set forth in Ordinance No. 2025-15.
This ordinance incorporates by adoption of the 2024 International Wildland-Urban Interface Code of the International Code Council (ICC) with necessary California amendments including Chapters 1 – 7 and
88 Appendix A, Appendix B, Appendix C, Appendix F, Appendix G, and Appendix H as amended by the changes, additions, and deletions set forth in this ordinance.
89 CONSENT CALENDAR
AGENDA ITEMS
1. 26-024
2. 26-017
3. 26-025
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99 CONSENT CALENDAR
AGENDA ITEMS
2. 26-017
100
REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 10, 2026
TO: Mayor and Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Amendment No. 1 with Tai Ginsberg & Associates LLC (“TG&A”) for an amount not to exceed $50,000 to Provide Strategic Federal Advocacy Consulting Services to Advance the Hercules Hub Project RECOMMENDATION ACTION:
Adopt a Resolution approving a $50,000 contract amendment with Tai Ginsberg & Associates LLC (“TG&A”) to provide strategic federal advocacy consulting services to advance the Hercules Hub Project and appropriating $50,000 from the General Fund Reserves to fund the contract fully.
BACKGROUND:
The Hercules Hub is a planned regional waterfront housing and transportation center that will connect thousands of homes to Capitol Corridor rail service, bicycle and pedestrian pathways, bus routes, carpool options, and future ferry service. Along with full environmental clearance and a secured right of way, the project has already benefited from approximately $46 million in completed improvements, including the John Muir Parkway and Bayfront Boulevard extensions and Bay Trail gap closures to the north and south. An estimated $130 million in additional funding is still needed to construct the rail infrastructure necessary for a Capitol Corridor station at the Hub.
Since 2022, the City has partnered with our consulting firm, Gray-Bowen-Scott, to elevate the project with regional, state, and fe deral agencies and to advance a comprehensive funding strategy. This work has resulted in a $2.4 million TIRCP grant, secured jointly with the Capitol Corridor JPA, and access to an $850,000 federal earmark from Congressman Garamendi. In February 2026, the City will apply to the Federal Railroad Administration’s Federal-State Partnership for Interci ty Passenger Rail Program (FSP- National) to assist in funding the Hub's desig n, making it possible to seek additional Federal funding to complete construction.
101
Federal transportation, rail, and multimodal grants are some of the most competitive in the country, making a federal lobbyist essent ial to keep the City visible, informed, and strategically positioned as opportunities arise. For this reason, on January 14, 2025, the City Council approved a professional services agreement with TG&A for up to $50,000 to provide federal lobbying support for advancing the Hercules Hub Project. These initial funds have been exhausted, and additional funding is needed to sustain momentum and continue building this important project.
ANALYSIS:
The Hercules Hub remains a competitive candida te for federal transportation, rail, and multimodal funding, and continued federal lobbying support is essential to advancing the project. A federal lobbyist helps ensure the City remains visible and strategically positioned with congressional offices and key agencies, such as U.S. DOT, FRA, and FTA, while providing expertise in navigating complex, evolving federal grant programs.
Ongoing advocacy is critical for a project of this scale, which requires approximately $130 million in additional funding and will depend on multiple federal sources over several years. Lobbyist support also strengthens the City’s relationships with regional and federal partners, enhances the City’s ability to pursue earmarks and appropriations, and ensures Hercules remains competitive with larger jur isdictions that routinely engage federal advocates. With $46 million already invested in the Hub, maintaining federal lobbying services is vital to protecting prior comm itments and securing the resources needed to move the project forward.
Since 2025, TG&A has worked with staff and the consulting team on the following:
x Initiated effort to unlock Garamendi earm ark dollars by solidifying Contra Costa Transportation Authority (CCTA) as the local FTA recipient partner and pushed to receive FTA concurrence for the City to start using the funds immediately instead of waiting for the Final Design phase.
o This resulted in the ability for the City to tap into th e funds this year in an expedited fashion.
x Conducted ongoing coordination by lever aging close relationships with the leadership of local and regional key stakeholders for the Hercules Hub to position the project for success.
o This includes, but was not limited to : CCTA, Capitol Corridor JPA, Union Pacific Railroad, Federal Railroad Administration, Caltrans, and CalSTA. x Held strategic vision discussions with CCTA leadership, which led to the decision to apply for the federal FRA National Railroad Partnership Program (NRPP). 102
o This effort also started a conversation about future grant funding plans and the ability to work with CCTA for certain local match dollars. x Teed up discussions and drafted concept papers with Rep. Garamendi and his staff to draft legislation for a potential standalone bill that would establish a new funding stream for rail stations in the upcoming surface transportation reauthorization bill.
x Gathered and shared intel from FRA leadership regarding the future of the FRA Corridor ID program and its potential impacts on the Hercules Hub project moving forward.
x Supported visit by Sen. Arreguin to the City of Hercules. x Provided ongoing guidance and strategic advice to the City and its consultant team.
Staff recommends amending the contract with TG&A to continue providing federal lobbying support for the Hercules Hub. Ongoing advocacy is crucial to securing the remaining federal funding needed for the project, positioning the City competitively for highly sought-after transportation and rail grants, and maintaining strong relationships with congressional offices and key federal agencies. Extending TG&A’s services will help ensure the Hercules Hub remains visible, strategically aligned with federal priorities, and well-positioned to pursue earmarks, appropriations, and other funding opportunities vital to advancing the project.
FISCAL IMPACT:
The General Fund Reserve has sufficient resources to finance this amendment.
Therefore, staff recommends that the City Council approve the appropriation of $50,000 from the General Fund Capital Reserve to engage TG&A's services. This investment will enhance our ability to effectively advocate for the city's transportation priorities at the federal level.
ATTACHMENTS:
1. Resolution
2. Proposal for Strategic Federal Advocacy Consulting Services
103
HERCULES CITY COUNCIL
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING AMENDMENT NO. 1 WITH TAI GINSBERG & ASSOCIATES LLC (“TG&A”) FOR
STRATEGIC FEDERAL ADVOCACY CONSULTING SERVICES TO ADVANCE THE HERCULES HUB PROJECT AND APPROPRIATING $50,000 FROM THE GENERAL
FUND RESERVE
WHEREAS, the Hercules Hub is a planned regional, multimodal housing and transportation center that will connect residents to Capitol Corridor rail service, bicycle and pedestrian pathways, bus routes, carpool options, and future ferry service; and WHEREAS, the Hercules Hub has received environmental clearance, secured right-of-way, and completed approximately $46 million in infrastructure improvements, with an estimated $130 million in additional funding required to construct the rail components necessary for a Capitol Corridor station; and WHEREAS, federal transportation, rail, and multimodal grants are among the most competitive in the nation, making ongoing federal advocacy essential to keeping the Hercules Hub visible, strategically positioned, and aligned with federal funding priorities; and
WHEREAS, on January 14, 2025, the City Council approved a professional services agreement with Tai Ginsberg & Associates LLC (“TG&A”) for federal lobbying support in an amount not to exceed $50,000, and those funds have since been expended; and
WHEREAS, TG&A has provided significant strategic value to the City, including advancing access to federal earmark funding, strengthening relationships with key federal and regional partners, supporting grant strategy development, and positioning the Hercules Hub for future federal funding opportunities; and WHEREAS, continued federal advocacy is necessary to pursue upcoming federal grant programs, appropriations, and earmarks, and to maintain momentum toward securing the remaining funding needed to complete the Hercules Hub; and WHEREAS, the General Fund Capital Reserve has sufficient resources to fund Amendment No. 1 to the TG&A contract;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hercules hereby authorizes the City Manager to execute an Amendment No. 1 to the professional services agreement with Tai Ginsberg & Associates LLC in an amount not 104
to exceed $50,000 to continue providing strategic federal advocacy consulting services to advance the Hercules Hub Project.
BE IT FURTHER RESOLVED that the City Council hereby appropriates $50,000 from the General Fund Reserve to fully fund this contract amendment.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 10th day of February, 2026, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
105
January 30, 2026
Dante Hall, City Manager
City of Hercules, California
111 Civic Drive
Hercules, CA 94547
RE: Proposal for Strategic Federal Advocacy Consulting Services – Phase 1 continued Dear Mr. Hall:
This letter serves as a proposal and outlines the terms of agreement (“Agreement”) between Tai Ginsberg & Associates LLC (“TG&A”) and the City of Hercules (“Hercules” or the “city”) to provide strategic federal advocacy consulting services.
1. TEAM OVERVIEW.
TG&A is a client focused government relations firm. TG&A’s broad yet specialized knowledge base is matched by the group’s experience working with a diverse set of clients. TG&A is comprised of a team of highly knowledgeable and seasoned veteran government relations professionals with substantial experience on Capitol Hill and working with infrastructure, transportation & energy, and technology issues, clients, and trade associations. Since 2019, Bloomberg Government has ranked TG&A as one of the top performing government relations firms in DC.
TG&A works with a diverse set of clients in the private sector and has a deep understanding of the challenges posed at all levels of government through its work with many public agencies. Over the years, our clients have included a mix of Fortune 500 and other high profile private sector companies such as CSX, Peloton, Tesla & Uber, and public agencies across the country, particularly in California and the Midwest. Our service includes extensive work with the U.S. House of Representatives and U.S. Senate, developing or modifying policies and programs to meet client objectives while building relationships for our clients to leverage. We also help clients with matters before many federal agencies. Specifically, our team has a broad set of bipartisan experiences in federal, state, and local government and political campaigns. TG&A has a notable record of successfully delivering for clients, including those clients that do not fit into neat categories of federal funding.
106
TG&A-Hercules Agreement
2. SERVICES & PROPOSED SCOPE OF WORK. During the term of the Agreement, TG&A will provide strategic consulting services to the city that includes the following activities:
i. Strategic advice on funding and financing strate gies to leverage available funding sources to help fund the Hercules Hub project, including:
xx Federal discretionary grants like U.S. DOT grants (e.g. BUILD) and FRA grants (e.g. Fed- State Partnership/NRPP, CRISI, etc.)
x USDOT innovative financing programs through the Build America Bureau x “Earmarks” or congressionally directed spending – Community Project Funding in the House and Congressionally Directed Spending projects in the Senate x Creation of a new grant program thro ugh upcoming surface transportation reauthorization bill
ii. Regional stakeholder support and advocacy: Using our expansive relationships with Bay Area transportation entities, TG&A proposes to engage in careful and sustained coordination with the key regional stakeholders to guide and as sist the city in delivering the Hercules Hub project. This includes but is not limited to the Capitol Corridor Joint Powers Authority, Contra Costa Transportation Authority (CCTA), and San Joaquin Joint Powers Authority; iii. Building relationships with key federal elected officials: Both the local Congressional and Senate offices, and also key Congressional Committee decisionmakers; and iv. Strategic Counsel: In general, TG&A will prov ide strategic counsel on overall governmental and political trends with potential impacts to the city.
3. TERM. This agreement is effective on February 1, 2026, and will continue through December 31, 2026. The agreement may be extended at the discretion of both parties by written agreement.
4. FEES. In consideration of the Services, TG&A will receive a retainer of $4,000 per month. Consulting fees shall be billed monthly and shall be paid within 30 days from receipt of invoice.
5. PROPOSED TEAM BIOS. See below for an overview of the proposed team’s bios:
Jason Tai, Principal at TG&A
Jason has over 20 years of broad and substantive ex perience in federal and state government with an expertise in technology issues. He has proven successful in negotiating and securing significant federal and state funding for a variety of critical projects and managed co mplex governmental and political processes to achieve result s. Prior to joining the private se ctor government relations field, Jason served as Chief of Staff for Congressman Dan Lipinski (Illinois-3rd) where he oversaw and managed all policy, projects, communications, inte rgovernmental, and political issues. Jason also spent time as a Professional Staff Member on the U.S. House Transportation & Infrastructure Committee. Previously, he served as an appointed senior executive at the Illinois Department of Transportation (IDOT) serving dual appointed posi tions as Director of Public and Intermodal Transportation (DPIT) and Senior Policy Advisor to the Secretary, where he was responsible for a $548 million budget, which funded statewide transit and rail operating and capital needs. DPIT administered federal and state funding for 52 transit agencies across Illinois. Prior to his IDOT stint, Jason was Chief of Staff to former U.S. Congressman William O. Lipinski (Illinois-3rd).
Matt Ginsberg, Principal at TG&A
107
TG&A-Hercules Agreement
Matt has extensive government relations experien ce including campaign, federal government, and over a decade of privat e sector lobbying experience. He has expertise in drafting and passing legislation, performing business development services, coordinating lobbying strategies, securing federal funding, managing trade associations, and representing clients befo re Congress, executive branch agencies, and industry associations. Ma tt excels at promoting the adoption of new technologies within traditional arenas. Over th e course of his private sector tenure, he has successfully secured over hundreds of millions of dollars in federal discretionary grants for his clients through direct advocacy and strategic technical assistance. Previously, Matt worked for then-U.S.
Representative and now Colorado Governor Jared Polis (Colorado-2 nd), formerly a member of the powerful House Rules Committee. He has experience working in both the U.S. Senate and U.S. House of Representatives. Prior to his time in Washington DC, Matt worked for a political consulting firm in Denver, Colorado helping to manage the media strategy for a major Presidential campaign.
Annie G. Toro, J.D., Senior Vice President and Counsel
Annie Toro has worked in the field of policy for more than 25 years. She has held senior management level positions at various widely recognized an d leading entities. Ms. Tor o began her career in Congress serving as Democratic Staff Director at the U.S. House Financial Services Committee Subcommittee on Oversight and Investigations, and as Senior Legislat ive Counsel to U.S.
Representative Luis V. Gutierrez. In her position at Representative Gutierrez’ office, she developed, wrote legislation, and provided legal counsel on a comprehensive number of key legislative issues, including new, strategic initiatives to advance prio rity issues of significan ce to the Congressional Hispanic Caucus (CHC) – working closely with its members. She also led and developed all appropriations initiatives of the congressional office, including the member’s commitment to improve affordable housing, transit, rail, and econ omic development. Specifically, Ms. Toro served as the focal point in the member’s work when the Chicago Transit Authority decided to close down the Douglas Branch of the former Blue Line, se rving primarily Latino co mmunities. These efforts culminated with successfully securing $320 million in federal funding to reconstruct Blue Line stops and its full-service reinstatement.
Madeleine Pike, Vice President
Maddy Pike is Vice President at TG&A, where she lobbies on behalf of municipal and local government, public agency, privat e sector, and non-profit client s. She has over a decade of experience in the public and private sectors working on public policy with a focus on issues relating to highways and transit, aviation, water infrastruc ture and clean water, i nnovative transportation technologies, conservation, and an imal welfare. Prior to joining TG&A, she worked on the House Transportation and Infrastructure Committee under the leadership of Chairman Peter DeFazio as the Director of Member Services a nd Stakeholder Outreach. While in that position, she worked on passage and enactment of the Infrastructure Invest ment and Jobs Act (P.L. 117-58), multiple Water Resources Development Acts, FAA reauthorization bills, and several other laws pertaining to transportation and infrastructure.
6. CONFIDENTIALITY. If either party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such matters except in the proper performance of this Agreemen t. The receiving party agrees: (a) not to disclose or otherwise make available Confidential Informat ion of the disclosing party to any third party 108
TG&A-Hercules Agreement
without the prior written consent of the disclosing party; provided, however, that the receiving party may disclose the Confidential Information of th e disclosing party to its officers, employees, consultants, and legal advisors who have a “need t o k n o w ” , w h o h a v e b e e n a p p r i s e d o f t h i s restriction, and who are themselves bound by nondisc losure obligations at least as restrictive as those set forth in this Section; (b) to use the Confidential Information of the disclosing party only for the purposes of performing its obligations under th e Agreement or, in the case of the City of Hercules, to make use of TG&A services or delive rables; and (c) to promptly notify the disclosing party in the event it becomes aware of any loss or disclosure of any of the Confidential Information of the disclosing party. For the purposes of this Agreement, Confidential In formation is defined as information that is treated as confidential by a party, including but not limited to all non-public information about its business affairs, products or services, intellectual property rights, trade secrets, third-party confidential informatio n, and other sensitive or proprietary information. Confidential Information shall not include information that: (a) is already known to the receiving party without restriction on use or disclosure pr ior to receipt of such information from the disclosing party; (b) is or becomes generally known by the public other th an by breach of this Agreement by, or other wrongful act of, the receiving party; (c) is deve loped by the receiving pa rty independently of, and without reference to, any Confidential Information of the disclosing party; or (d) is received by the receiving party from a third party who is not under any obligation to the disclosing party to maintain the confidentiality of such information.
This Agreement sets forth the entirety of the Agreement between TG&A and the City of Hercules, CA as to the services to be provided and compensation to be made during the term thereof. If the city is agreeable to the terms and conditions set out above, please sign below. A fully executed Agreement will be transmitted to you for your records.
Matt Ginsberg, Principal
Tai Ginsberg & Associates, LLC (TG&A)
____________________________________
City of Hercules, California
Date Date
109
CONSENT CALENDAR
AGENDA ITEMS
3. 26-025
110
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 10, 2026
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Edwin Gato, Director of Finance
SUBJECT: Accept the Investment Report for the Quarter Ending December 31, 2025
RECOMMENDED ACTION
Accept the Investment Report for the Quarter Ending December 31, 2025
EXECUTIVE SUMMARY
Pursuant to California Government Code section 53646 and the City’s Investment Policy, a quarterly report and certification shall be provided to the City Council, City Manager, and City Independent Auditor. The Quarterly Investment Report shall include a complete description of the portfolio, the type of investments, the issuers, maturity dates, par value, and dollar amounts invested in all securities. The report must ensure that investments were made consistently with the City’s Investment Policy and that the City will meet its expenditure obligations for the next six months. The Quarterly Investment Report for the quarter ending December 31, 2025, is provided as Attachment 1.
BACKGROUND
To ensure compliance with state law and municipal policies, the City is mandated to present quarterly investment reports that provide a comprehensive overview of the City’s investment portfolio to the City Council, City Manager, and City Auditor. The authority to manage investments, reinvestment, sales, or exchanges of securities is delegated to the Finance Director, who concurrently holds the position of City Treasurer.
In accordance with the Investment Policy, the City Treasurer has the option to delegate certain fiduciary responsibilities to an external investment management firm. It is important to note that any investment manager engaged for this purpose must adhere to fiduciary obligations as stipulated by the Securities and Exchange Commission under the Investment Advisor Act of 1940.
111
To effectively address the specialized services and expertise required for a diverse array of investment options, the City has engaged with the Local Investment Agency Fund (LAIF) as well as experienced investment managers from PARS.
DISCUSSION
This report provides a comprehensive overview of the City's investment portfolio for the quarter ending December 31, 2025. It is prepared in compliance with California Government Code Section 53646 and adheres to the City's Investment Policy. The report encompasses all cash and investments managed by the City, along with City-related investments held by bond trustees for debt service obligations and funds in the irrevocable trust with PARS for pension and other post-employment benefits (OPEB). Additionally, it includes detailed information on each security's investment type, issuer, maturity date, cost, and current market value.
The City participates in the LAIF, a money market fund overseen by the State Treasurer.
LAIF includes multiple governmental agency participants and holds securities managed by its administrator. This fund provides local agencies with a mechanism to invest cash held in a treasury pool, allowing for same-day withdrawals to facilitate cash flow needs while earning interest from the Pooled Money Investment Account (PMIA). Moreover, investments managed by bond trustees are conducted in accordance with the terms of individual bond indentures.
As of December 31, 2025, the average yield of the pooled investment portfolio, prior to adjustments for fluctuations in market value, is reported at 6.13%. This yield exceeds the two-year U.S. Treasury Note rate of 3.47% and the average monthly rate of 4.20% for the LAIF. The market value of the pooled portfolio stands at $127,940, indicating a modest increase of 0.17% from its book value. Given that the City does not intend to sell its pooled investment portfolio securities before maturity, this decision will not impact on the overall yield.
As of December 31, 2025, 80% of the total investment portfolio is allocated to the Local Agency Investment Fund (LAIF). Within this allocation, 81.4% is comprised of U.S.
Treasuries and agency notes, while 9.2% is invested in certificates of deposit (CDs) and bank notes. The remaining 9.4% is distributed among various other investment types. For a Amount
Market Over/(Under) A verage
Investment Type Value Cost Yield
Petty Cash $2,005 - 0.00%
Cash in Bank 6,223,212 - 0.00%
Local Agency Investment Fund (LAIF) 58,776,334 $127,940 4.20% Irrevocable Trust (Pension) 2,768,543 - 10.57%
Irrevocable Trust (OPEB) 3,269,626 - 10.57%
Investments with Bond Trustees 2,235,784 - 3.61%
Total Portfolio $73,275,504 $127,940 6.13% 112
comprehensive overview, including economic summaries and detailed information, please refer to the Investment Portfolio Summary Report included in Attachment 1.
The City strategically manages its idle cash from all operating funds on a pooled basis to optimize returns. Earnings are allocated to each fund based on their respective average cash balances. It is important to note that the timing of revenue collections — such as property taxes, business licenses, and franchise taxes— can significantly influence quarterly investment income throughout the year. At present, the City maintains adequate cash reserves to meet anticipated obligations over the next six months.
In compliance with Governmental Accounting Standards Board (GASB) Statement 40, the City is required to recognize the fair market value of its investments at the conclusion of each fiscal year. The market values noted in this report are sourced from the State Controller’s office for the Local Agency Investment Fund (LAIF) and from the City’s registered investment managers and bond trustees for all other investment vehicles. It is important to acknowledge that these market valuations are subject to daily fluctuations.
The distinction between market value and historical cost, referred to as Unrealized Investment Gains and Losses, represents temporary variances and does not reflect cash- related transactions. Given that the City intends to hold its investments until maturity, at which point they will be redeemed at par value, any unrealized gains or losses will be reported exclusively at the end of the fiscal year in the City’s Comprehensive Annual Financial Report.
The total cash and investments reported include several components that are classified as unrestricted. Within the City’s General Fund, this amounts to $19.4 million (27%), while the Internal Service Funds contribute an additional $465,203 (1%). It is essential to recognize that a portion of these funds is committed to pre-existing obligations or allocated for specific purposes. Conversely, the remaining $53.3 million, representing 73% of the City’s cash and investments, is restricted for designated uses by applicable federal, state, or local regulations.
FISCAL IMPACT OF RECOMMENDATION
This is an information report with no fiscal impact.
ATTACHMENTS:
1. Quarterly Investment Report
113
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CITY OF HERCULES, CALIFORNIA
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114
CITY OF HERCULES
FINANCE DEPARTMENT
111 CIVIC DRIVE
HERCULES, CALIFORNIA 94547-1771
PHONE: 510-799-8200
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Honorable Mayor and 0HPEHUVRIWKHCity Council:
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$VRI'HFHPEHUWKH&LW\SRVVHVVHVDGHTXDWHILQDQFLDOUHVRXUFHVWR PHHWLWVH[SHQGLWXUHREOLJDWLRQVIRUWKHQH[WVL[PRQWKV Sincerely,
Edwin Gato
Finance Director/City Treasurer
115
City of Hercules, California
Investment Portfolio Summary Report
For the Quarter Ended December 31, 2025
Book % of Average Market
Value Total Yield Value
Cash on Hand $2,005 $2,005
Cash on Deposit 6,223,212 6,223,212
Total Cash on Hand 6,225,217 8.51% 0.00% 6,225,217 Local Agency Investment Fund (LAIF) 58,648,394 80.18% 4.20% 58,776,334 Irrevocable Trust (Pension) 2,768,543 3.78% 10.57% 2,768,543 Irrevocable Trust (OPEB) 3,269,626 4.47% 10.57% 3,269,626 Investments with Bond Trustees 2,235,784 3.06% 3.61% 2,235,784 Total Portfolio $73,147,564 100.00% 6.13% $73,275,504
Amount over (under) Market Value vs. Book Value $127,940 % of Portfolio 0.17%
Investments by Type
Cash on Hand
LAIF
Irrevocable Trust
(Pension)
Irrevocable Trust
(OPEB)
Investments with
Trustees
116
City of Hercules
Detail for Investment Portfolio Summary Report
For the Quarter Ended December 31, 2025
(DAYS)
BOOK MARKET PURCHASE MATURITY LIFE TO REMAINING PAR MARKET
DESCRIPTION VALUE YIELD DATE DATE MATURITY LIFE VALUE VALUE
CASH ON HAND
PETTY CASH 2,005.00 0.00% 2,005.00 $2,005.00
CASH IN BANK
MECHANICS BANK - GENERAL CHECKING 4,920,179.83 0.00% 4,920,179.83 4,920,179.83 MECHANICS BANK - HERCULES RDA 1,106,903.29 0.00% 1,106,903.29 1,106,903.29 MECHANICS BANK - PD ASSET SEIZURE 196,128.40 0.00% 196,128.40 196,128.40 TOTAL AND AVERAGES 6,223,211.52 6,223,211.52 6,223,211.52
LOCAL AGENCY INVESTMENT FUND (LAIF)
LAIF 58,648,393.78 4.20% 10/1/2025 12/31/2025 91 - 58,648,393.78 58,776,334.25
IRREVOCABLE TRUST (PENSION/OPEB)
US BANK MUTUAL (PARS-OPEB) 3,269,626.38 10.57% 10/1/2025 12/31/2025 91 - 3,269,626.38 3,269,626.38 US BANK MUTUAL (PARS-PENSION) 2,768,543.39 10.57% 10/1/2025 12/31/2025 91 - 2,768,543.39 2,768,543.39 TOTAL AND AVERAGES 6,038,169.77 10.57% 91 - 6,038,169.77 6,038,169.77
INVESTMENTS WITH BOND TRUSTEES
THE BANK OF NEW YORK (BNY) JM 05 1 RESERVE
FUND 55,797.47 0.00% 10/1/2025 12/31/2025 91 - 55,797.47 55,797.47
THE BANK OF NEW YORK (BNY) MELLON TRUST
HERCULES PFA WW INTEREST ACCT 21 A 2,887.50 0.00% 10/1/2025 12/31/2025 91 - 2,887.50 2,887.50
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES PFA 09 REVENUE FUND) 788,239.25 3.61% 10/1/2025 12/31/2025 91 - 788,239.25 788,239.25
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES PFA 09 DEBT SERV PRIN ACCT) 169,341.23 3.61% 10/1/2025 12/31/2025 91 - 169,341.23 169,341.23
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES PFA 09 DEBT SERV INT ACCT) 299,303.54 3.61% 10/1/2025 12/31/2025 91 - 299,303.54 299,303.54
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES PFA 09 RESERVE FD) 920,215.00 3.61% 10/1/2025 12/31/2025 91 - 920,215.00 920,215.00 TOTAL AND AVERAGES 2,235,783.99 3.61% 91 - 2,235,783.99 2,235,783.99 TOTAL INVESTMENT REPORT $73,147,564.06 6.13% 91 - $73,147,564.06 $73,275,504.53 117
City of Hercules, California
Investment Portfolio Summary Report
For the Quarter Ended December 31, 2025
% of
Cash Description Book Value Total
Bond Trustee $2,235,784 3%
Irrevocable Trust 6,038,170 8%
Restricted 44,997,602 62%
General Fund 19,410,805 27%
Internal Service Funds 465,203 1%
Total, Book Value $73,147,564 100%
Restricted:
Wastewater 19,891,353
Successor Housing 6,421,197
Development Impact Fees 4,627,213
Capital Projects 4,881,473
Landscape & Lighting 2,385,585
SB1 RMRA 1,997,955
Gas Tax & Measure J "Street" 1,293,483
Successor Agency 1,106,903
Solid Waste 974,737
Agency Fund 830,527
Asset Seizure 355,562
COPS Program 231,614
44,997,602
Bond Trustee
3%
Irrevocable Trust
8%
Restricted
61%
General Fund
27%
Internal Service Funds
1%
Cash by Fund
118
December 4.025
November 4.096
October 4.150
September 4.212
August 4.251
July 4.258
LAIF Apportionment Rate(2): 4.20
LAIF Earnings Ratio(2): 0.00011512010685708
LAIF Administrative Cost(1)*: 0.27
PMIA Average Life(1): 244
LAIF Fair Value Factor(1): 1.002181483
PMIA Daily(1): 3.97
PMIA Quarter to Date(1): 4.09
Treasuries
56.48%
Agencies
24.93%
Certificates of
Deposit/Bank Notes
9.22%
Time
Deposits
3.25%
Commercial
Paper
5.38%
Corporate
Bonds
0.58%
Loans
0.16%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) .
*The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.
Source:
(1) State of California, Office of the Treasurer
(2) State of California, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of ϭϮͬϯϭͬϮϱ
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/25
Chart does not include $910,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
12/31/25
$162.6 billion
119
DISCUSSION AND/OR ACTION ITEM
AGENDA ITEMS
1. 26-019
2. 26-022
120
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 10, 2026
TO: Mayors and Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
Edwin Gato, Director of Finance
SUBJECT: Authorize the City Manager to amend the Lew Edwards Group contract for an amount not to exceed $75,000 to add the production and communications services related to the Election Opinion Poll Services; and amend the FY 2025-26 Budget to appropriate an additional $75,000 for these associated services from the General Fund Reserve
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to amend the Lew Edwards Group contract for an amount not to exceed $75,000 to add the production and communications services related to the Election Opinion Poll Services; and amend the FY 2025-26 Budget to appropriate an additional $75,000 for these associated services from the General Fund Reserve.
BACKGROUND AND ANALYSIS:
On September 23, 2025, the City Council authorized the City Manager to execute an agreement with the Lew Edwards Group and FM3 to provide Election Opinion Poll Services (refer to Attachment 2).
Between November 16 to 24, 2025, FM3 Research conducted a dual-mode voter survey of 421 likely voters in November 2026 to assess community perceptions and evaluate potential local funding measures. (refer to Attachment 4) The results show that Hercules residents value their quality of life and no longer believe the City suffers from mismanagement, representing a significant improvement over prior survey years. A majority of respondents believe the City is headed in the right direction, and concerns about crime, potholes, and government transparency have declined. 121
Residents also hold favorable views of local small businesses, the Community and Library Services Commission, and the Police Departmen t, and more than half rate the City’s overall service delivery as excellent or good.
Survey testing indicates that a general-purpose one percent sales tax measure is the only viable revenue option, with support reaching a high of 62%, exceeding the simple majority threshold. Support for this measure is cons istent across demographic groups, including renters, homeowners, and voters of color, and remains stable even after respondents are presented with both supportive and critical arguments. By contrast, a two-thirds infrastructure bond measure and the Charter and Real Property Transfer Tax concepts do not receive sufficient support to be considered viable.
Voters strongly prioritize maintaining long-te rm financial stability, fiscal accountability, public safety, clean and safe parks, and completion of the City’s multimodal transportation network. Preserving quality of life, preserving local control, and continuing community progress are also highly important to respondents.
Overall, the findings indicate that Hercules voters are open to a locally controlled general sales tax measure to protect essential services and maintain the City’s financial stability.
At the same time, alternative revenue mechanisms lack the support needed to move forward.
The initial agreement for polling services was limited to the development and administration of the initial viability analysis . Costs associated with production and communication services, including the design, printing, and mailing of informational materials, were not part of the original scope of work. With the first phase of the viability analysis now complete, the next step in the community engagement process is to add a communications component to provide the public with clear, accessible information.
To enhance efficiency and optimize costs for the City, it is prudent to incorporate these services into the existing agreement with Lew Edwards Group rather than procuring them separately from a different vendor.
The advantages of incorporating production and communication services are outlined as follows:
x Speed & Efficiency: Utilizing integrated facilities handle tight deadlines for typesetting, artwork, printing, and mailing.
x Consistency: This approach guarantees uniformity in branding and messaging across all print and digital platforms.
x Data Security: These services ensure secure management of personalization and voter data.
x Cost-Effectiveness: Direct mail can be a budget-friendly option, particularly when employing economical formats such as postcards or targeted mailings. 122
x Expertise: Specialized providers possess a comprehensive understanding of USPS regulations pertaining to election mail, including the necessary postage markings, thereby ensuring compliance and proper delivery.
FISCAL IMPACT:
Staff requests that the Council appropriate $75,000 from the General Fund Reserve to amend the contract with the Lew Edwards Group and FM3 Research. This amendment will cover the production and communication services, including the design, printing, and mailing of informational mailers.
ATTACHMENTS:
1. Resolution
2. Existing Contract with the Lew Edwards Group for Election Opinion Poll Services
3. Exhibit A: Add-on Production Services, Lew Edwards Group
4. Highlights of Winter 2025 Local Funding Measures Survey Accounting Information
(Finance Department Use Only)
Description: Lew Edwards Group and FM3 Research Contract Amendment Funding Source: General Fund Reserve
Account #100-0000-611.60-00 (PO #010281)
Budget Recap:
Total Estimated cost: $75,000 New Revenue: N/A
Amount Budgeted: $0 Lost Revenue: N/A
New funding required: $75,000 New Personnel: N/A
Council Policy Change: Yes No
123
HERCULES CITY COUNCIL
RESOLUTION NO. 26-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING
AN AMENDMENT TO THE CONTRACT WITH THE LEW EDWARDS GROUP (LEG)
AND APPROVING A BUDGET APPROPRIATION OF NOT TO EXCEED AMOUNT OF $75,000 FOR PRODUCTION AND COMMUNICATION SERVICES (DESIGN,
PRINTING, AND MAILING OF INFORMATION MAILERS) ESSENTIAL FOR
CONDUCTING POLLING AND STRATEGIC COMMUNICATION SERVICES RELATED
TO THE BALLOT MEASURES
WHEREAS, the City entered into an agreement with LEG and FM3 Research for the Election Opinion Poll Services on September 23, 2025, for $142,250; and WHEREAS, staff recommends amending the LEG and FM3 Research agreement to include production and communication services, specifically the design, printing and mailing of information mailers, for a total amount not to exceed $75,000; and WHEREAS, the City Council adopted the Fiscal Year (FY) 2025-26 Budget on June 10, 2025, representing the financial plan for conduc ting the affairs of the City of Hercules; and
WHEREAS, staff is proposing an amendment to the General Fund budget for FY 2025- 26 to include a $75,000 allocation for production and communication services. This funding will cover the design, printing, and mailing of informational mailers. The General Fund Reserve has sufficient funds to support these expenses; and WHEREAS, the City Council has considered the report and recommendations of the City Manager on the budget amendments and has determined that the budget amendments are both fair, appropriate, and warranted.
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 an amendment to the LEG and FM3 Research contract to include production and communication services, specifically the design, printing and mailing of information mailers, for a total amount not to exceed $75,000.
2. The City Council approves an amendment to the FY 2025-26 General Fund Budget. This amendment allocates $75,000 from the General Fund Reserve to cover production and communication costs, specifically for the design, printing, and distribution of informational mailers.
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The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 10 th day of February 2026, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Chris Kelley, Mayor
ATTEST:
Eibleis Melendez, City Clerk
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CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“ Agreement”) for professional services is made on September 23, 2025, between the City of Hercules, a California municipality (“City”), and Lew Edwards Group (“LEG”), a California 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 October 1, 2025 (“Effective Date”), and will terminate upon the full and satisfactory 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 provis ions 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 $142,250, 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 Addi tional 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.25-073
Council Resolution No.25-060
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5. Consultant’s Warranties.
5.1 Consultant 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 Consultant 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 Consultant 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 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy (Hercules Municipal Code § 2-3.401 et seq.) and the City’s California Equal Pay Act Compliance Policy (Hercules Municipal Code § 2-3.501 et seq.).
6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other Party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:
City: Consultant:
City of Hercules Lew Edwards Group
111 Civic Drive 5454 Broadway, 2
nd Floor
Hercules, CA 94547 Oakland, CA 94618
(510) 799-8200 (510) 332-7421
Attn: City Clerk Attn: Catherine Lew, Esq.
[email protected]
Copy to: Edwin Gato, Finance Director
Email: [email protected]
7. Indemnity. 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 (i ncluding, 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 "'%
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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, offi cers, 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 Services, 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, includi ng 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.
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8.1.4 Professional Liability. This insurance must insure against Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount no less than $1,000,000.00 combined single limit.
8.2 Subrogation 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 CGL 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) Any 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. Dispute 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 Either 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.
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. "'%
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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, Consultant 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, invo ices, 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.
13.4 Restrictions on Nepotism and Cronyism. Consultant must comply with the regulations adopted by the City to avoid favoritism or discrimination in the award of contracts, as set forth in section 2-3.401 et seq. of the City’s Municipal Code. Consultant must complete the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy,” using the form attached as Attachment C to this Agreement, and submit a fully executed copy with the executed Agreement.
13.5 Compliance with the California Equal Pay Act. Consultant must comply with the regulations adopted by the City to allow for verification of Consultant compliance with the requirements of the California Equal Pay Act, as set forth in section 2-3.501 et seq. of the City’s Municipal Code. Consultant must complete the “Contractor Acknowledgment of Compliance with the California Equal Pay Act,” using the form attached as Attachment Dto this Agreement, and submit a fully executed copy with the executed Agreement.
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13.6 Choice 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.
13.7 Integration. 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.
13.8 Severability. 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.
13.9 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.
13.10 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.
13.11 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.
13.12 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 Party 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.
13.13 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 Party 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.
13.14 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.
13.15 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, bu t all of which together will constitute one instrument.
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13.16 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.
[Signature page follows.]
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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: Lew Edwards Group
Business Name
s/_______________________________
Catherine Lew, President
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 "'%
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Professional Services Agreement Agreement No. <25-073>
City Attorney Approved, 03112024 Council Resolution No. <25-060> Scope of Services
Attachment A
SCOPE OF SERVICES
SCOPE OF SERVICES – FM3
Conduct a dual-mode survey among likely November 2026 voters in the City of Hercules. As in 2022, by employing three different contact methods (telephone calls, email invitations, and text invitations) and two different data collection modes (telephone and online interviews), this approach provides a wide range of ways for voters to participate in the survey. As the City will recall, up to two measures can be tested comprehensively in one survey instrument. In 2022, those measures were the UUT Renewal and the combined Charter/RPTT Measure.
The research process will begin with an initial kickoff meeting between FM3, LEG, and the City’s project team, where we will review the City's 2025-2026 goals, past research findings, and share consultant perspectives from the public audit we will have conducted in preparation for the project launch.
After the kickoff meeting, FM3 will draft and circulate the survey questionnaire prior to conducting a survey review call with the client team. For the baseline survey, we recommend an interview lasting approximately 20 minutes on average; for the tracking survey, we recommend a shorter 15-minute interview. As the City recalls, FM3 typically goes through several iterations of the survey questionnaire to ensure the instrument achieves the project's objectives, is accurate, and meets any necessary legal requirements. Before moving to the data collection phase, FM3 requires that all survey questionnaires be signed off as "final" by a client representative—which for ballot measure surveys must also involve sign-off by the City Attorney's Office—before being sent off for programming and any necessary translation. (This legal review is necessary specifically for any hypothetical 75-word ballot questions tested in the survey.) As we did in 2022, we recommend translating the telephone question into Spanish; we have found that people are less likely to respond to an online survey in a non-English language; therefore, online interviews will be offered in English only. We are happy to provide pricing and discuss offering telephone interviews in additional languages, such as Tagalog, upon request.
FM3 will then construct a sample by pulling a random list of voters from the voter file. To provide the most useful data for the City, we recommend aiming for a sample size of up to 400, which has a margin of error of ±4.9% (at the 95% confidence level). As you may recall, we achieved approximately 350 completed interviews in 2022; in the case that we receive fewer than 400 completes this time around, we will prorate our costs to reflect the actual number of interviews received.
Based upon the final sample specifications, FM3 will set a target number of interviews to be completed online. We will then send a random selection of potential respondents either an email or a text message invitation containing a unique link (which can only be used once) inviting them to take the survey online. Within several days of the initial invitation distribution, we will examine the demographic and geographic characteristics of the online completes and then begin conducting telephone interviews to balance out the sample and target underrepresented subgroups.
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Once the survey is complete, FM3 will present our preliminary survey findings—along with LEG's strategic recommendations—in a PowerPoint presentation to City staff. These results are typically presented in draft format to the client team—either in-person or via webinar—and further refined based upon feedback from that group. A final version of this presentation will be developed in a format suitable for FM3 to either present to the City Council or otherwise distribute to the public, depending upon the City's wishes.
Consistent with LEG/FM3’s past Best Practices for the City of Hercules, FM3 considers the public PowerPoint presentation to be the final deliverable, with a memo summarizing key findings in a user-friendly format. As we have in the past, post-survey consulting will also be provided.
SCOPE OF SERVICES – LEG
LEG’s services can be summarized as follows:
1. Provide Lead Project Coordination
2. Engage the public around the City’s 2026 Fiscal Sustainability Vision
3. Develop Outreach Plan, recommend ongoing Communications throughout the process
4. Assist with Ballot Measure Development/s if viable to proceed and conceive permissible post-Measure Communications content.
Lead Project Services
LEG continues to pride itself on a supportive, team-building approach with consistent planning sessions. With the input of all participants, LEG will develop meeting agendas and facilitate sessions to support the timely deployment of key project activities. As in our past Hercules projects, LEG/FM3’s project launch will address:
x Overall project timeline and how all respective professionals will be executing on the City’s behalf;
x Current City demographics and the wildcard dynamics of the current environment; x The history of stakeholder vi ews and opinions on the City’s vision and how to build consensus; and
x LEG Best Practices in the types of measures contemplated by the City, including how other 2026 clients are approaching t heir bond measure planning, our 2024 experiences with RPTT measures, and recent lessons learned from our successful sales tax engagements.
Other LEG Services
x Helping to navigate dynamic, evolving project needs and supporting City staff and other professionals to achieve a well-coordinated effort; x Collaborating closely with FM3 on public opinion research needs and providing Strategic Recommendations and an Execution Plan;
x Creating strategies to continue to build on our past Hercules stakeholder and community engagement;
x Continuously updating and refining a Project Timeline, Activities, and Budget; x Recommending permissible public education/information content for the City’s Fiscal Sustainability vision;
x Re-training City staff on informational outreach message delivery, including how to respond to a variety of public and stakeholder questions, comments, or concerns; "'%
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x Developing earned/social media/web-based strategy and content for informational collateral;
x Providing Rapid Response services to support the City’s PIO (without exception, LEG does not function as a paid spokesperson for its clients); and x Adding value to staff reports to the City Council.
LEG continues to approach its partnership and Lead Consultant role with personal dedication, enthusiasm, and a commitment to excellent service, recognizing that our ultimate consumer is not only the City of Hercules, but most importantly, the constituents and stakeholders the City represents.
Public Engagement
Following assessment of the City’s updated 2025 FM3 opinion research, LEG will develop Strategic Recommendations and a plan. Consistent with our past practices, LEG will develop content copy for communications materials, the City website, and a PowerPoint presentation for informational or online Speakers’ Bureau, Stakeholder, Key Influential, and community presentations.
Message Development
Our project collaboration will have the goal of informing the public and raising awareness of the City’s current quality of life vision and fiscal sustainability needs. “Message discipline” and a clear, concise focus are critical to project viability and effective outreach efforts.
Direct Mail/Social Media/Digital Media
LEG continues to recommend a multi-faceted communications plan that will allow the City to raise awareness of City needs beyond stakeholders and key influentials, to a broader public.
Your existing communications vehicles, such as your website, social media, and a Speakers’ Bureau program (whether online or in-person) will all be utilized as they were in 2022.
As in our past collaborations, LEG will assist in drafting information or adding value for social media and advise the City on how to navigate independent or third-party sites such as blogs or Nextdoor.
In 2022, at LEG’s recommendation and with the assent of the City Attorney, the City included paid digital as part of its informational communications toolkit, which we recommend again in 2025-2026.
Supporting Media Response and Maximizing Media Opportunities LEG will review earned (non-paid) media press opportunities with the City PIO. Balanced press coverage will build additional community and stakeholder engagement throughout the process, which is critical to informing t he public about your needs. While LEG does not function as a spokesperson, we can support the City’s communications efforts by developing additional content such as project-related press releases, media backgrounders, talking and rapid response needs, as necessary.
Ballot Measure Development/s and Post-Placement Communications "'%
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Should the City’s potential ballot measure/s be viable, LEG will collaborate with the City Attorney, City Clerk, and staff on ballot measure structure and wording to address public and stakeholder interests and priorities.
LEG will collaborate closely with the City Attorney’s Office to refine the ballot question and add value to other ballot measure components so that they are understandable to the average person. This addresses specific documents such as the measure ordinance/s, ballot question/s, city resolution/s, and staff report/s to ensure that all voter handbook and related materials are understandable to the average person, not just lawyers.
Following placement of the measure/s on the ballot, LEG will recommend a Public Education approach that includes materials that address generational ways of receiving information.
Towards this end, USPS mailings are still one component of a multi-disciplinary, cross- generational communications toolkit. LEG strongly advises an appropriate spectrum of communications, including paid digital. The City Attorney will review all recommended content including printed material and online copy.
SAMPLE THUMBNAIL TIMELINE
Exhibit 1 is a Sample Thumbnail Timeline, which is si milar in format to what we’ve used before in your City as an overview. Other 2026 clients are actively using a similar timeline. As in the past, LEG/FM3 will get the City’s input on how the timeline should be tailored to your current vision/execution.
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RECOMMENDED PROJECT SCHEDULE
OCTOBER 2025
(PRESUMED LAUNCH
PER SCHEDULE IN CITY
RFP)
PHASE ONE: LAUNCH PROJECT
Conduct project audit of past engagements with the City, current City demographics, budget/policy information, and media coverage Review current Best Practices in similar communities/projects Formalize consulting team partnership
Convene Team Kick-Off Planning Meeting
Develop/finalize updated Baseline Survey questionnaire Update Opinion Leader database and organizational hit list (City)
NOVEMBER-
DECEMBER 2025
ASSESS VIABILITY
November
Field survey interviews week following California Special Election Complete survey interviews prior to Thanksgiving
December
Analyze survey results and develop strategic recommendations Update staff and Council on viability
Build out Engagement/Outreach Calendar for 2026
Develop Informational Toolkit for 2026 Outreach
JANUARY 2026 LAUNCH COMMUNITY ENGAGEMENT
Conduct Staff Message Training
Implement initial round of community presentations (City) Issue Opinion Leader update #1
Assess initial community responses, update toolkit as needed FEBRUARY-MAY 2026 CONTINUE TO ENGAGE TH E COMMUNITY AROUND COMMUNITY PRIORITIES;
ADDRESS CHARTER REQUIREMENTS IF PROCEEDING WITH THAT MECHANISM Continue engagement (City)
Issue additional Opinion Leader updates
Continue to update City website and other communications vehicles (City) with updated informational budget process/engagement message points developed by LEG
Continue to update answers for community questions
Copywrite information for such sources as Earned Media/New Media/Social Media opportunities
Conceive two informational mailings to solicit input and report back to the community (April and May)
(If proceeding with a Charter/RPTT approach) Implement Public Hearing #1 (May)
Implement paid digital media, advise on Media Strategy JUNE -JULY 2026 RE-ASSESS VIABILITY, DEVELOP BALLOT MEASURE Develop and implement tracking survey if desired by City (must be implemented following California’s June Primary)
Analyze survey results
(If proceeding with a Charter/RPTT approach) Implement Public Hearing #2 (June)
If viable to proceed, assist with staff reports and preparation for chosen measure/s
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Assist in preparing for Council adoption vote
Media updates
Community participation
Address Rapid Response Needs as necessary
AUGUST 2026 POST-ADOPTION MUNICIPAL ELECTION INFORMATION Update City’s website and all communications vehicles with updated Measure content prepared by LEG
Issue final Opinion Leader Update with content prepared by LEG announcing placement of the measure/s on the ballot
Continue informational Speakers’ Bureau presentations (City) Implement Earned Media/Internet Communications
The City of Hercules can continue its factual, informational efforts following placement of its measure/s on the ballo t but cannot engage in any partisan activities.
SEPTEMBER-
NOVEMBER 2026
Draft media and social media information
Issue three informational mailings
Implement second tranche of paid digital media
Address rapid response needs
Continue Informational Outreach (City)
Provide two-way media comments
Thank the community (City)
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139
Professional Services Agreement Agreement No. <25-073>
City Attorney Approved, 03112024 Council Resolution No. <25-060> Payment
Attachment B
PAYMENT
FM3's Survey Specifications and Costs
Figure 5 contains the total estimated costs for a 20-minute baseline and a 15-minute tracking survey. These prices are comprehensive and include all costs for questionnaire design, sample acquisition and preparation, Spanish translation, programming, email and text invitations, survey hosting, bilingual (English and Spanish) telephone interviewing, data entry and analysis, and reporting. As previously mentioned, FM3 will do our best to obtain up to 400 interviews; if we receive fewer completes, we will prorate our costs. A sample size of 350 is provided to demonstrate what our costs will be if we receive the same number of interviews as we did in 2022.
LEG's Professional Rate
LEG's 2025 professional consulting fee is $6,750 per month. Based on our longstanding representation of the City, LEG is pleased to propose a discounted rate to the City of $6,000 per month. Without exception—and consistent with ou r previous collaborations—LEG also does not invoice or track work on an hourly or time and materials basis.
Professional fees do not include hard project costs such as:
x Graphic design, printing, or postage for any mailed materials. In 2022 LEG drafted the content and provided a sample, and the City used its own vendors for design/printing/mailing data with a budget outside of the scope of our Agreement. x Paid digital media costs are not included, as those services are performed by highly specialized vendors and the City also paid for those costs directly in 2022 outside of LEG/FM3’s Agreement.
x Any additional legal costs necessary, or the County Registrar’s election cost invoice.
Summary
x LEG Lead Consultant Services (discounted rate October 2025–October 2026; 13 months): $78,000.
x FM3 Polling (baseline and tracking survey): $64,250
Total Bid Not-To-Exceed Amount: $142,250
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EXHIBIT A: Add-on Production Services, Lew Edwards Group The Lew Edwards Group (Consultant) will provide additional production communications services to the City of Hercules (City) as follows, upon invoice by Consultant:
x Production of up to five (5) USPS mailings of various speci fications to all registered households Not to Exceed (NTE) Thirty-seven Thousand, Three Hundred Dollars ($37,300) inclusive of graphic design, labor printing/mail house services, and bulk rate postage (projected USPS postal rate increases factored in). As legal advice is not being provided by Consultant , Consultant shall initiate printing only upon the approval of the City, including the City Attorney. Consultant shall monitor but not be responsible for delivery once mail products are in the possession and control of USPS. Production shall not commence on a subsequent mailing job until the previous mailing job is fully paid for by City.
x Two tranches of paid digital outreach to the same audience, of Fifteen Thousand Dollars ($15,000) per tranche fo r a total of Thirty Thousand Dollars ($30,000) in this line item.
x Five use mailing data file NTE Nine Hundred and Fifty Dollars ($950).
x For additional services to coordinate production, augmention of professional services fee by Six Thousand, Seven Hundred and Fifty Dollars ($6,750).
Total Production/Communications Services Scope and Cost NTE Seventy-Five Thousand Dollars ($75,000).
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220-7743
City of Hercules
Highlights of Winter 2025
Local Funding Measure Survey
142
2 Summary of Results
• Hercules respondents value their local quality of life and no longer believe the City suffers from mismanagement, a significant finding. • Summary of measure assessments:
A one cent, general purpose sales tax measure requiring a simple majority has a high- water mark of 62%.
A 2/3s requirement bond only garners 46% support and therefore is not viable.
The Charter/Real Property Transfer measures are not viable, with a combined average of only 26% support.
143
3 Survey Methodology
(Note: Not All Results Will Sum to 100% Due to Rounding) Dates November 16 – 24, 2025
Survey Type Dual-mode Voter Survey
Research Population Likely November 2026 Voters in the City of Hercules Total Interviews 421
Margin of Sampling Error (Full Sample) ±4.9% at the 95% Confidence Level (Half Sample) ±6.9% at the 95% Confidence Level
Contact Methods
Data Collection Modes
Survey Tracking 2012, 2013, 2015, and 2022
Languages English and Spanish
Text
Invitations
Telephone
Calls
Email
Invitations
Telephone
Interviews
Online
Interviews
144
4 Perceptions of Life in Hercules
145
5 Right
Direction
51%
Wrong
Track
20%
Don't
Know
29%
One-half of voters say Hercules is headed in the right direction, with only 20% wrong track.
Would you say things in Hercules are headed in the right direction, or do you feel they are off on the wrong track?
146
6 Please consider the following issues that some people suggest are problems facing Hercules. Please indicate whether you think it is an extremely serious problem, a very serious problem, a somewhat serious problem, or a not too serious problem for residents of Hercules. *Split Sample Please consider the following issues that some people suggest are problems facing Hercules. Please indicate whether you think it is an extremely serious problem, a very serious problem, 20%
23%
20%
11%
17%
11%
10%
10%
14%
11%
13%
10%
11%
5%
6%
31%
26%
19%
24%
16%
21%
20%
20%
14%
17%
13%
15%
14%
17%
10%
27%
30%
31%
28%
18%
38%
27%
26%
23%
33%
26%
23%
12%
35%
35%
19%
19%
19%
33%
24%
18%
13%
21%
17%
37%
17%
49%
47%
37%
44%
4%
11%
5%
26%
12%
31%
22%
33%
30%
15%
5%
4%
The cost of housing
The cost of living
The amount people pay in local taxes
Illegal dumping and litter
A lack of transparency in city government
The condition of the local economy
The City’s long-term financial stability
*Cuts to city services
Waste and inefficiency in city government
Potholes and deteriorating streets
*Lack of federal and state funding to maintain quality of life services Homelessness
Drinking water safety and quality
Old and deteriorating parks
Crime in general
Extremely Serious Problem Very Serious Problem Somewhat Serious Problem Not Too Serious Problem Don’t Know The cost of housing and the cost of living
are seen as the City’s greatest challenges.
Extremely/Very
Serious Problem
51%
50%
39%
34%
33%
32%
30%
30%
28%
28%
27%
26%
25%
22%
16%
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7 10%
20%
30%
40%
50%
60%
70%
80%
Feb/March
2012
Feb
2013
March/April
2015
Jan
2022
Dec
2025
Waste and inefficiency in city government
A lack of transparency in city government
(Extremely/Very Serious Problem)
Please consider the following issues that some people suggest are problems facing Hercules. Please indicate whether you think it is an extremely serious problem, a very serious problem, a somewhat serious problem, or a not too serious problem for residents of Hercules. Not Part of Split Sample Concerns about the City’s administration
have declined significantly from 2013.
148
8 10%
20%
30%
40%
50%
60%
Feb/March
2012
Feb
2013
March/April
2015
Jan
2022
Dec
2025
Crime in general
Potholes and deteriorating streets
(Extremely/Very Serious Problem)
Please consider the following issues that some people suggest are problems facing Hercules. Please indicate whether you think it is an extremely serious problem, a very serious problem, a somewhat serious problem, or a not too serious problem for residents of Hercules. Not Part of Split Sample For the first time in years, concerns about potholes have declined; concerns about crime are also at a low point. 149
9 Not Part of Split Sample
33%
46%
32%
12%
14%
11%
5%
41%
28%
34%
38%
33%
25%
17%
5%
10%
8%
9%
39%
37%
18%
15%
16%
24%
26%
19%
29%
12%
10%
11%
5%
6%
7%
6%
4%
8%
Local small business owners
Hercules Community and Library Services Commission
^Hercules City Police Department
^Hercules City government
^Hercules City Council
Local senior advocates
Hercules Financial Advisory Commission
Very Favorable Somewhat Favorable Never Heard of Heard of/No Opinion Somewhat Unfavorable Very Unfavorable Total
Favorable
Total
Unfavorable
74% 3%
73% 2%
66% 17%
51% 17%
47% 18%
35% 7%
22% 13%
Roughly half of voters view their City government favorably; local small businesses, the Community/Library Commission, and Police Department are viewed particularly favorably.
Next, here are some names of people and organizations active in public life. For each one, please indicate whether you have a favorable or unfavorable opinion of that person or organization. 150
10 *Worded Slightly Different in Previous Years
7%
11%
7%
4%
8%
47%
45%
45%
40%
27%
24%
25%
33%
33%
43%
50%
37%
12%
6%
8%
10%
13%
26%
December 2025
May/June 2022
January 2022
March/April 2015
February 2013
February/March 2012
Excellent Pretty Good *Only Fair Poor Excellent/
Good
54%
56%
52%
41%
31%
32%
A majority approves of the City’s job in
providing services to its residents.
Next, how would you rate the overall job being done by the current Herculescity government in providing services to the City’s residents? Would you say the City is doing an excellent job, a good job, an only fair job, or a poor job at providing services to City resident? 151
11 Initial Reactions to a
Potential Local Sales Tax Measure
152
12 Do you think you would vote yes or no on this measure? Hercules Public Safety/Local Services Protection Measure.
Shall the measure providing Hercules with locally controlled funding to protect/maintain general city services and infrastructure, such as neighborhood police patrols; fast 911 re sponse; park safety/cleanliness; repairing deteriorating streets/potholes; retaining/attracting local businesses; and maintaining Hercules’s financial stability by establishing a one-cent (1%) sales tax generating approximately $4,000,000 annually until ended by voters; requiring audits, public disclosure, and funds only for Hercules, be adopted?
Conceptual Sales Tax Measure Ballot Language
General-Purpose; 50% Vote Threshold-Ballot Question
Reviewed and Approved by City Attorney
153
13 Do you think you would vote yes or no on this measure? 20%
29%
7%
1%
7%
20%
15%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
57%
Total
No
28%
The measure garners 57% support on the first test for a simple majority requirement measure.
154
14 Do you think you would vote yes or no on this measure? Majority support carries across all ethnic demographics.
Initial Vote by Race/Ethnicity
58%
50%
59%
54%
57%
27%
27%
28%
24%
27%
Whites
Latinos
African Americans
Filipinos
All Voters of Color
Total Yes Total No Difference
+31%
+23%
+31%
+30%
+30%
155
15 Do you think you would vote yes or no on this measure? Majority support also carries across education levels.
Initial Vote by Education
61%
58%
55%
63%
24%
25%
27%
29%
High/Vocational School Educated
Associate Degree/Some College Education
Four-Year College Graduates
Post-Graduate Educated
Total Yes Total No Difference
+37%
+33%
+28%
+34%
156
16 Do you think you would vote yes or no on this measure? Seven in ten renters support the measure
and homeowners also exceed majority support.
Initial Vote by Household Income & Residence
65%
58%
62%
54%
69%
20%
28%
27%
30%
19%
<$100,00
$100,001-$150,000
$150,001+
Homeowners
Renters
Total Yes Total No Difference
+45%
+30%
+35%
+24%
+50%
157
17 Do you think you would vote yes or no on this measure? 57%
62%
57%
28% 25%
30%
15% 14% 13%
Initial
Vote
After Supportive
Statements
After Supportive &
Critical Statements
Total Yes
Total No
Undecided
After an exchange of supportive and critical arguments, support remained consistent.
158
18 Investment Priorities
159
19 54%
56%
53%
49%
57%
41%
44%
42%
47%
43%
40%
33%
34%
39%
29%
45%
39%
39%
32%
34%
4%
6%
8%
8%
11%
11%
11%
16%
14%
7%
4%
14%
6%
4%
Maintaining long-term financial stability
^Maintaining fiscal accountability
^Meeting water quality health standards
Retaining and attracting local businesses
^Maintaining fast 911 response times
Maintaining the City’s financial stability
Preventing funds being taken by Sacramento
Keeping public areas and parks safe and clean
^Keeping funds local
Extremely Important Very Important Somewhat Important Not Too Important Don't Know ^Not Part of Split Sample
First, please consider some potential elements of this measure, including ways in which funds it generates could be spent.
For each one, please indicate how important each one is to you personally, regardless of how you feel about the measure:
either extremely important, very important, somewhat important, or not too important.
Voters strongly prioritize the funds going towards
maintaining long-term financial stability and fiscal accountability.
Extremely/Very
Important
93%
89%
88%
88%
87%
86%
83%
81%
79%
77%
Completing the bus, train, and ferry service
planned for the Hercules Waterfront
160
20 33%
28%
26%
29%
27%
41%
25%
46%
34%
20%
43%
50%
50%
45%
47%
31%
48%
25%
38%
50%
16%
12%
17%
15%
16%
21%
25%
18%
19%
26%
8%
4%
7%
8%
6%
8%
7%
4%
4%
4%
Addressing federal budget cuts impacting city services
^Protecting and maintaining city services
Maintaining senior programs
Attracting and retaining experienced police officers
Maintaining parks and outdoor spaces
Extremely Important Very Important Somewhat Important Not Too Important Don't Know First, please consider some potential elements of this measure, including ways in which funds it generates could be spent. For each one, please indicate how important each one is to you personally, regardless of how you feel about the measure: either extremely important, very important, somewhat important, or not too important. ^Not Part of Split Sample A strong majority also prioritizes addressing federal budget cuts, repairing streets and potholes, and protecting and maintaining city services.
Extremely/Very
Important
77%
77%
77%
74%
74%
73%
73%
71%
71%
70%
Repairing potholes and deteriorating neighborhood streets ^Retaining highly skilled and experienced city employees Reducing traffic congestion by completing the bus, train, and ferry service planned for the Hercules Waterfront
Preventing neighborhood streets from deteriorating further Maintaining the number of police officers patrolling
neighborhood streets
161
21 First, please consider the following statements from people who may support this potential measure. For each one, please indicate whether you find it very convincing, somewhat convincing, or not convincing as a reason to support the measure. *Split Sample
38%
35%
29%
28%
28%
28%
27%
25%
43%
34%
44%
42%
42%
34%
43%
43%
81%
69%
73%
70%
70%
63%
69%
68%
*Maintain Quality of Life
Local Control
*Improve Quality of Life
Public Safety
Business Support
Streets
Maintain Progress
Parks
Very Convincing Somewhat Convincing
Maintaining overall quality of life in Hercules and local control resonated the most intensely with voters.
162
22 Reactions to Additional
Funding Measures
163
23 Do you think you would vote yes or no on this measure? Hercules Public Infrastructure Repair Bond . Shall the measure providing Hercules funding to address earthquake safety, old wiring, plumbing, heating/cooling systems, leaky roofs, and access for disabled persons in public building/facilities; replace unsafe playground equipment; repair deteriorating streets; access matching funds, by issuing $44,000,000 in bonds with average annual levies of $30 per $100,000 of assessed value, generating approximately $1,500,000 annually while bonds are outstanding, requiring public disclosure, citizen oversight, and audits, be adopted? Hypothetical Infrastructure Bond Measure Ballot Language 67% Vote Threshold Requirement
164
24 Do you think you would vote yes or no on this measure? 13%
22%
11%
5%
4%
28%
17%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
46%
Total
No
38%
A 2/3’s requirement infrastructure bond is not viable.
Infrastructure Bond Measure Vote
165
25 Do you think you would vote yes or no on this measure? Split Sample (ASK SPLIT SAMPLE A ONLY – CHARTER & RPTT)
City of Hercules City Charter/Local Control Measure. To expand locally controlled funding for general city services, such as police patrols, 911 response, park safety/ cleanliness, and street repairs, shall a measure be adopted to: 1) establish Hercules as a Charter City and 2) enact adjustment of its real property transfer tax — paid only by buyers/ sellers of property upon sale — to 4% , generating approximately $850,000 annually until ended by voters, without changing other City powers? (ASK SPLIT SAMPLE B ONLY – CHARTER ONLY)
City of Hercules City Charter/Local Control Measure. Shall a measure be adopted to establish Hercules as a Charter City with the limited ability to adopt a local real property transfer tax — only if approved by voters in a future election — without changing the City Council’s other powers and continuing city governance limitations as set forth by State general law? Conceptual Property Transfer Tax Measure Ballot Language Simple Majority Vote Threshold
166
26 6%
9%
5%
12%
17%
21%
31%
Q14. Do you think you would vote yes or no on this measure? Split Sample 8%
19%
6%
2%
10%
32%
23%
Charter & RPTT Charter Only
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
No
44%
Total
Yes
33%
Total
No
49%
Total
Yes
20%
A property transfer tax is not viable.
Property Transfer Tax Vote
167
Curt Below Suzanne Brewster
[email protected] [email protected]
The Lew Edwards Group
[email protected]
168
DISCUSSION AND/OR ACTION ITEM
AGENDA ITEMS
2. 26-022
169
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 10, 2026
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Comm unity Development Director SUBJECT: Update the City of Hercules Affordable Housing Policy to Increase Maximum Occupancy Levels
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a Resolution amending the City of Hercules Affordable Housing Policy to increase the maximum occupancy levels to be consistent with occupancy standards for affordable unit s as set by the California Civil Rights Department (formerly the Department of Fair Employment and Housing) and the federal Department of Housing and Urban Development (HUD).
BACKGROUND:
Hercules Affordable Housing Policy
The City of Hercules adopted the Affordable Housing Policy (Res olution No. 21-010, “Policy”) on February 23, 2021. At that time, the City had an interest in creating a policy to provide guidance on the administration and monitoring of future affordable units to confirm appropriate management practices and to ensure their continued affordability. On September 24, 2024, the City amended the Affordable Housing Policy to update various references to State Density Bonus Law (SDBL) following the adoption of SDBL by reference in the Municipal Code on April 9, 2024.
Section 6.4 of the Policy provides that prospective homeowners must occupy the affordable unit as primary residence and follow occupancy limits defined in the policy:
2.25 Occupancy Limits. The minimum and maximum number of people allowed to occupy a housing unit of a given size. Minimum occupancy requirements are one 170
person per bedroom. Maximum occupancy are established pursuant to HSC Section 50052.5(h), currently equal to t he number of bedrooms in any unit plus one (e.g. 2 persons for a one-bedroom unit).
Health and Safety Code (HSC) Section 50052. 5(h) provides a formula to be used for adjusting tenant incomes relative to household size for income qualification purposes.
However, this “one-plus-one” formula is not typically used as an occupancy limit for units.
Section 8.1.2 of the Policy, Tenant Compliance Monitoring, provides for the City to have the right annually to monitor the tenant’s in come certification, income documentation, maximum affordable rent, and occupancy limits.
Occupancy Limits and Fair Housing Law
A landlord may wish to reduce wear and tear on their rental property by setting an occupancy limit, but they may not set an unreasonably low limit that violates the Federal Fair Housing Act (FHA), part of the Civil Rights Act of 1968. The FHA prohibits discrimination based on familial status, meaning whether a tenant has children. It prevents a landlord from evicting or forcing tenants to move to a larger unit on account of their children since doing so would have the effect of discriminating based on familial status. This protected class includes pregna nt tenants and tenants gaining custody of a minor child. Landlords are also prohibited fr om imposing rules on children’s sleeping arrangements.
Landlords have the right to determine the number of occupants in their rental properties, providing they:
x do not discriminate against families;
x apply the limitations consistently to all tenants; and x conform to federal and state guidelines.
The U.S. Department of Housing and Urban Development (HUD) adopted a formula to provide guidance in assessing occupancy standards consistent with the FHA. Commonly known as the “two-plus-one” rule, this guidance provides that landlords should generally allow at least two occupants per bedroom plus one additional occupant in a rental unit, regardless of their relationship. For example, two people may occupy a studio unit, three may occupy a one-bedroom unit, five may occupy a two-bedroom unit and so on.
California’sCivil Rights Department, formerly the Department of Fair Employment and Housing (DFEH). has also adopted the “two-plus-one” formula.
Note that this formula is only a guideline and not a hard-and-fast rule. The size of a rental unit and its bedrooms may change how many people may live in it. Some properties may have additional rooms like dens or studies th at tenants may be able to use for sleeping as well. This accounts for the “plus-one” part of the “two-plus-one” formula. It allows for some flexibility by acknowledging that ten ants may be able to use non-bedroom spaces for sleeping.
171