Hercules City Council
May 26, 2026

Tuesday, May 26, 2026
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Chris Kelley
Vice Mayor Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Council Member Dion Bailey
Patrick Tang, Interim City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
REGULAR MEETING - 7:00 P.M
In-Person in Council Chambers or Via Zoom:

Zoom ID: 821 1751 7161 Zoom Passcode: 525829
Zoom Phone Number: 1-669-900-6833
1 May 26, 2026City Council Meeting Agenda
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL CLOSED SESSION – NONE
II. PUBLIC COMMUNICATION - NO CLOSED SESSION
III. CONVENE INTO CLOSED SESSION - NO CLOSED SESSION
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION - NO CLOSED SESSION

B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER

TO PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 26-139
Introduction of Public Works Superintendent, Chris Morris IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

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

2 May 26, 2026City Council Meeting Agenda
XI. PUBLIC HEARINGS

1. 26-129 Approval of an Addendum to the Hercules New Town Center Environmental Impact Report, Design Review Permit (DRP) 25-04, Vesting Tentative Map (VTM) 25-02, and Planned Development Plan (PDP) 25-02 for the Emblem Hercules Apartments - 1601 Willow Avenue (The Loop Site) Assessor Parcel Number (APN)
406-070-042-6
RECOMMENDATION:

Staff recommends that the City Council hold a public hearing, receive the staff report and presentation, receive comments from the public and interested parties and adopt a Resolution (Attachment 1) finding that the Addendum to the Hercules New Town Center Environmental Impact Report (State Clearing House No. 2007062002) has been prepared in compliance with CEQA and the State CEQA Guidelines and reflects the independent judgment of the City of Hercules as Lead Agency, and approving Design Review Permit (DRP) 25-04, Vesting Tentative Map (VTM) 25-02, and Planned Development Plan (PDP) 25-02 for a 180-apartment unit housing development.

Staff report
Attach 1 - Resolution
Exhibit A - Emblem Hercules Project Conditions of Approval Exhibit B - Development Plans dated 2.13.2026
Exhibit C - Addendum to the Hercules New Town Center EIR (State Clearing House No. 2007062002) Appendix A Emblem MMRP Applicability Matrix
Appendix B1 Biological Survey
Appendix B2 Biological Assessment Report
Appendix B3 Wetland Delineation
Appendix C Phase 1 ESA
Appendix D Preliminary Geotechincal Investigation
Appendix E Preliminary Noise and HVAC Study
Appendix F - Emblem Hercules Residential Development Transportation Study Attach 2 - Planning Commission Resolution No. 26-01
Presentation - City of Hercules
Presentation - Applicant
Attachments:

3 May 26, 2026City Council Meeting Agenda

2. 26-130 Compliance with Assembly Bill 2561 (Government Code Section 3502.3): Public Agency Vacancies, and Recruitment and Retention Efforts
RECOMMENDATION:

Receive and file the staff report and presentation regarding workforce vacancies, and recruitment and retention efforts in accordance with Government Code Section 3502.3
Staff Report
Presentation
Attachments:

XII. CONSENT CALENDAR

1. 26-136 Meeting Minutes of the Regular Meeting of May 12, 2026 Meeting Minutes for the Regular Meeting on May 12, 2026Attachments:

2. 26-135 Update on the Chief’s Advisory Board (CAB)
RECOMMENDATION:

Receive an update on the Chief’s Advisory Board (CAB)
Staff ReportAttachments:

XIII. DISCUSSION AND/OR ACTION ITEMS

1. 26-128 Housing Asset Funding Recommendation to Community HousingWorks for Bayline
RECOMMENDATION:

By minute action, direct staff to enter into negotiations with Community HousingWorks for the award of $5,000,000 in Housing Asset Funding to support affordable housing development.

Staff Report
Attach 1 - RSG Memo
Presentation
Attachments:

4 May 26, 2026City Council Meeting Agenda

2. 26-125 Approve participation in the Contra Costa County Regional Alternative Compliance Joint Powers Authority to perform city stormewater obligation and authorize execution of the Joint Powers Agreement
RECOMMENDATION:

1. Adopt
the attached Resolution approving and authorizing execution of the Joint Powers Agreement for the City’s participation in the Regional Alternative Compliance Joint Powers Authority.

2. Appoint a Board Member to the RAC JPA and an Alternate.

3. Authorize staff to collaborate with the Regional Alternative Compliance Joint Powers Authority Administrator to support Regional Alternative Compliance System implementation.

4. Direct staff to revise the City’s stormwater ordinance to incorporate participation in the Regional Alternative Compliance System as an approved alternative compliance for meeting applicable stormwater treatment requirements.

5. Authorize staff to assign funds already allocated in the fiscal year (FY) 2026-27 Capital Improvement Plan and FY 2026-27 Capital Budget to the Green Infrastructure Project - Public ROW Bioretention for use in RAC JPA participation and purchase of Green Stormwater Infrastructure credits.

Staff Report
Attach 1 - Resolution
Attach 2 - RAC JPA Joint Powers Agreement
Attachments:

3. 26-123 Military Equipment Use and Acquisition
RECOMMENDATION:

By minute order, (1) accept the annual military equipment report, (2) determine that the Police Department’s use of military equipment for the past year complied with the Department’s Policy 706 and the requirements of state law, and (3) renew Policy 706 and Ordinance No. 547 (Military Equipment) and confirm that both will remain in effect without change.

Staff Report
Attach 1 - Military Equipment Policy 706
Attach 2 - Annual Military Equipment Report 2025
Attach 3 - AB 481
Attach 4 - Ord. 547- Military Equipment
Presentation
Attachments:

5 May 26, 2026City Council Meeting Agenda
XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

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

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

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

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

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

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

6 May 26, 2026City Council Meeting Agenda
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, June 9, 2026 at 7:00p.m. in the Council Chambers.

Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.

Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the City Clerk at (510) 799-8200 (Posted: May 21, 2026)

INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING

COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.

7 May 26, 2026City Council Meeting Agenda
How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.

Via Zoom: Members of the public may submit a remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782.

Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.

Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8208 no later than 3:00 p.m. on the meeting date.

If you need assistance with public comment, please contact: Eibleis Melendez, City Clerk at [email protected] or by calling (510) 799-8200.

All public comments will become part of the official meeting record. As email containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting.

OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m.

Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.

Video Streamed Live on the City’s Website:

To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.

Instructions to view Live or On-Demand Videos from the City’s website:

1. Go to: Hercules Meeting Videos or https://hercules.legistar.com/calendar.aspx.

2. Locate the desired meeting and date.

3. Click the associated “Video” link (Video status is as follows):

Video = Video is available for on demand viewing.

In Progress = Video is available for viewing during live recording.

Not Available = Video is either unavailable or has not been recorded.

8 May 26, 2026City Council Meeting Agenda

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

1. SPECIAL ACCOMMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8208 at least 48 hours prior to the meeting.

2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments during the Public Communication period of the meeting.

3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, and on the City’s website (www.ci.hercules.ca.us),

4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.

Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.

In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.

Anyone may also submit written comments at any time before or during the meeting.

5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.

6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.

9 PUBLIC HEARINGS

AGENDA ITEM

1. 26-129
Please see Supplemental Packet

Available on the City of Hercules website:
hercules.legistar.com
5/26/2026 Meeting Details.
10 PUBLIC HEARINGS

AGENDA ITEM

2. 26-130
11 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of May 26, 2026

TO: Mayor and Members of the City Council

SUBMITTED BY: Kristi Carter, Human Resources Manager

REVIEWED BY: Patrick Tang, Interim City Manager

SUBJECT: Compliance with Assembly Bill 2561 (Government Code Section 3502.3): Public Agency Vacancies, and Recruitment and Retention Efforts

RECOMMENDED ACTION:

Receive and file the staff report and presentation regarding workforce vacancies , and recruitment and retention efforts in accordance with Government Code Section 3502.3.

BACKGROUND:

Assembly Bill 2561 (Government Code Section 3502.3) requires public agencies to annually present information regarding workforce vacancies, and recruitment and retention efforts prior to adoption of the fiscal year budget. The law also permits recognized employee organizations to provide comment during the same public hearing.

If vacancies within a bargaining unit exceed 20% of authorized positions, additional reporting requirements apply upon request of the recognized employee organization.

The City provided notice of this public hearing, including the meeting agenda and related staff report materials, to its recognized employee organizations in accordance with Government Code Section 3502.3.

REVIEW AND ANALYSIS:

Employee Groups
The City’s workforce consists of five employee groups totaling 64 authorized full-time positions as of December 31, 2025. Staffing adjustments during the 2024-2025 fiscal year included an operational support position within Public Works funded through enterprise 12 and special revenue sources. The City Manager position is contract-based and is not included in the full-time equivalent (“FTE”) count.

Employee Group Budgeted FTEs
Teamsters Local 315 24
Hercules Police Officers’ Association 23
Executive Level Employees 6
Mid-Management Employees 3
Non-Represented Employees 8

Vacancies
Vacancies occur due to retirements, resignations, promotions, transfers, and newly authorized positions. Departments work closely with Human Resources to recruit and fill vacancies as efficiently as possible to support operational continuity and service delivery.

As of December 31, 2025, the City’s overall vacancy rate was 1.56%. Vacancy rates as of December 31, 2025, by employee group are reflected below.

Employee Group Vacancy Rate (%)
Teamsters Local 315 0%
Hercules Police Officers’ Association 4.35%
Executive Level Employees 0%
Mid-Management Employees 0%
Non-Represented Employees 0%

Staff did not identify any significant policy, procedural, or recruitment -related obstacles materially impacting the City’s ability to recruit and retain employees during the reporting period.

Recruitment and Retention Efforts
In calendar year 2025, the City’s retention rate w as 94 percent. The City continues to support workforce recruitment and retention through flexible scheduling, telecommuting opportunities for eligible positions, employee wellness resources, professional development opportunities, and employee engagement initiatives. These efforts are intended to support employee well-being, workforce stability, and long-term retention.

FISCAL IMPACT:

There is no fiscal impact to receiving this report and presentation.

ATTACHMENTS:

Presentation
13 AB 2561 Compliance
Public Agency Vacancies, and
Recruitment and Retention Efforts
May 26, 2026
Presented by:

Kristi Carter, Human Resources Manager
14 AB 2561 Workforce Reporting
 Annual workforce vacancies and recruitment
and retention update
 Required prior to budget adoption
 Employee organizations noticed as required
15 Workforce Overview
 64 authorized FTEs as of December 31, 2025
 City Manager position excluded from FTE count
 Five employee groups
 Departments supported: City Manager’s Office, City
Clerk’s Office, Community Development (Planning, Building, Code Enforcement), Finance (Information Technology),
Human Resources, Parks & Recreation, Police/Public Safety, Public Works (Engineering & Maintenance)
16 Vacancy Information
Employee Group # of Budgeted
Positions
# of Vacancies Vacancy Rate
Teamsters Local 315 24 0 0%
Hercules Police Officers’
Association
23 1 4.35%
Executive Level Employees 6 0 0%
Mid-Management Employees 3 0 0%
Non-Represented Employees 8 0 0%
As of December 31, 2025
17 Recruitment Efforts
 NEOGOV/GovernmentJobs.com recruitment platform
 Enhanced job advertising and outreach
 Coordination with hiring departments
 Competitive benefits package
 Average recruitment timeline: approximately 90 days
 Recruitment Process:

Post Position → Screen Applicants → Interview → Hire
18 Retention Statistics
Calendar Year 2025 Count
Total Vacancies 4
Vacancies Created by Newly Budgeted Positions 1
Vacancies Created by Internal Promotions and Transfers 0 Vacancies Created by Retirement 1
Vacancies Created by Resignation 1
Vacancies Created by Involuntary Separation 1
Retention Rate 94%
19 Retention Efforts
 Work-Life Balance Initiatives
 Four-day, 38-hour workweek for eligible employees
 Telecommuting options available for eligible positions  Comprehensive Benefits Package
 Professional Development Programs
 Supportive Work Environment
 Collaborative culture fostering teamwork and innovation  Employee Engagement and Recognition
20 QUESTIONS
21 CONSENT CALENDAR

AGENDA ITEMS

1. 26-136

2. 26-135
22 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Chris Kelley
Vice Mayor Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Council Member Dion Bailey
Patrick Tang, Interim City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
5:00 PMTuesday, May 12, 2026
SPECIAL MEETING 5:00 P.M. REGULAR MEETING - 7:00 P.M (or immediately following Special Meeting)
In-Person in Council Chambers or Via Zoom:

ID: 832 9035 8245 Passcode: 571966 Audio: 1-669-900-6833 I. SPECIAL CLOSED SESSION – CALL TO ORDER - ROLL CALL - 5:00 PM A. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
Council Member Bailey was not present at the time of roll call but did attend Closed Session.

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

Present: 5 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
City Attorney,Christie Crowl, read the title of the item to be discussed in Closes Session. Council and Staff convened into Closed Session.

The Hercules City Council will meet in Closed Session regarding the following:

1. 26-114
Pursuant to Government Code section 54957: Public Employment (City Manager)
IV. SPECIAL MEETING - Roll Call - 5:30 PM (or immediately following Special Closed Session)
The Special Meeting stared at approximately 5:45pm.

23 May 12, 2026City Council Meeting Minutes
V. PUBLIC COMMUNICATION - OPEN SESSION MEETING ITEMS
NONE
VI. COMMITTEE INTERVIEWS

1. 26-109 General Plan Advisory (GPAC) Committee Interviews RECOMMENDATION:

Conduct interviews for eligible candidates which have applied for the General Plan Advisory Committee.

The City Council held interviews for the General Plan Advisory Committee(GPAC). Nine applicants were originally scheduled to interview.

Two applicants were unable to attend. The council interviewed seven applicants for the committee. Council appointed the applicants during the 5/12 Regular City Council meeting.

VII. REGULAR MEETING - ROLL CALL - 7:00 PM (or immediately following Special Meeting)
Council Member Dilli Bhattarai, Council Member D. Bailey, Mayor C. Kelley, Vice Mayor A. Walker-Griffin, and Council Member T. Grimsley

Present: 5 -
VIII. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney Crowl announced that no final or reportable action was taken in Closed Session.

IX. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice Mayor Walker-Griffin.

VI. MOMENT OF SILENCE
NONE
VII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 26-115
Proclamation - World Lupus Day
ProclamationAttachments:

Mayor Kelley read the proclamation, Council provided remarks.

VIII. AGENDA ADDITIONS/DELETIONS
NONE

24 May 12, 2026City Council Meeting Minutes
IX. PUBLIC COMMUNICATIONS
Public Comments was provided by Joseph Garcia and Jose Flores( via Zoom).

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

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

X. PUBLIC HEARINGS
NONE
XI. CONSENT CALENDAR
MOTION: A motion was made by Council Member Bhattarai, seconded by Council Member Bailey, to adopt the Consent Calendar. The motion carried by the following vote:

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

1. 26-107
Meeting Minutes for the Regular Meeting of April 28, 2026 Meeting Minutes for the Regular Meeting of April 28, 2026Attachments:

APPROVED

2. 26-106 Accept the Investment Report for the Quarter Ending March 31, 2026 RECOMMENDATION:

Accept the Investment Report for the Quarter Ending March 31, 2026 Staff Report
Attach 1 - Quarterly Investment Report
Attachments:

APPROVED
XII. DISCUSSION AND/OR ACTION ITEMS

1. 26-104 General Plan Advisory Committee At-Large Appointments RECOMMENDATION:

By minute action, appoint five (5) to seven (7) at-large community representatives to the ad-hoc General Plan Advisory Committee to serve until the comprehensive General Plan update is adopted.

25 May 12, 2026City Council Meeting Minutes
Staff ReportAttachments:

Community Development Director, Tim Rood presented the Staff Report.

No public comment. Council voted on the applicants that interviewed at the 5/12 Special Meeting. Council appointed the following seven (7) candidates to the General Plan Advisory Committee:

Hector Garcia, Stephanie Buquis, Richard Mitchell, Darlene Almeida, Rachit Paudel, David Davenport and Harjinderpal Pannu. Council did take action on this item.

MOTION: A motion was made by Vice Mayor Walker-Griffin, seconded by Council Member Bhattarai, to appoint seven(7) at- large community representatives to the ad- hoc General Plan Advisory Committee to serve until the Comprehensive General Plan update is adopted. The motion carried by the following vote:

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

2. 26-105
Housing Asset Funding Proposals: Community HousingWorks (Bayline); Satellite Affordable Housing Associates (Sycamore Crossing); Eden Housing (Victoria Green)
RECOMMENDATION:

Receive a report on the three proposals received from affordable housing developers to the City’s Notice of Funding Availability for $5 million in Housing Asset Funding for affordable housing development. This item is for information only.

Staff Report
Attacg 1 - RSG Memo
Attach 2 - RSG Presentation
Attach 3 - CHW Proposal
Attach 4 - SAHA Proposal
Attach 5 - Eden Housing Proposal
Attachments:

Community Development Director, Tim Rood, presented the Staff Report.

A representative from RSG presented. Council asked questions. Director Rood and RSG provided a response. Public Comment was provided by Todd Chambers, Johnathan Astmann, Chris Palomo, Tanya Little and Weijia Song(Via Zoom). This item was an informational item. No action was taken.

3. 26-103
Budget Workshop: Fiscal Year (FY) 26-27 City of Hercules Proposed Annual Budget
RECOMMENDATION:

The staff recommends that the City Council receive the budget presentation, review the preliminary budget documents, and the financial forecast for FY 26-27. This discussion should also cover the additional budget request outlined in Attachment 1, which details significant changes and the economic implications of each adjustment.

26 May 12, 2026City Council Meeting Minutes
Staff Report
Attach 1 - FY 26-27 List of Additional Budget Request
Attach 2 - FY 26-27 Proposed General Fund - Fund Summaries Attach 3 - FY 26-27 Proposed Special Revenue - Fund Summaries Attach 4 - FY 26-27 Proposed Sewer Enterprise - Fund Summaries Attach 5 - FY 26-27 Proposed Internal Service - Fund Summaries Attach 6 - FY 26-27 Proposed Debt Service - Fund Summaries Attach 7 - FY 26-27 Proposed Capital Improvement Projects (CIP) - Fund Summaries
Presentation
Attachments:

Finance Director, Edwin Gato, presented the Staff Report. Council asked questions and provided comment. Director Gato and Interim City Manager, Patrick Tang, provided a response. No public comment. This was an informational item. No action was taken.

4. 26-110
Allocation of $1,000 for Juneteenth Event 2026; Amendment to Flag Policy; Approval of Juneteenth and Pride Flag Raising for 2026 and Annually RECOMMENDATION:

City Council should receive a presentation on the proposed Juneteenth event at the library and direct staff to allocate $1,000 for the event. The Council should further consider approving a minor amendment to the City’s flag policy and the raising of the Juneteenth and Pride flags this year as well as annually.

Staff Report
Attach 1 - City of Hercules Flag Policy - Proposed Amendment Attachments:

City Attorney, Christie Crowl, presented the Staff Report. Council asked questions and provided comment. City Attorney Crowl, Parks and Recreation Director, Christopher Roke and Interim City Manager, Patrick Tang, provided a response. No public comment. Action was taken on this item.

MOTION: A motion was made by Council Member Bailey, seconded by Vice Mayor Walker-Griffin, to approve the following: (1) Allocate $1000 to the Juneteenth library event. (2) Approve The annual raising of the Pride flag for the month of June except when the Juneteenth flag is flying on the teen-days, the13th-19th. (3) The amendment to section B1. of the Flag Policy and update it with the following language:

1. The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Hercules City Council, and approved by the City Council at a City Council meeting, pursuant to the two-step process set forth in the City Council’s adopted Rules of Procedure. Staff may also make a request for City Council approval to display a commemorative flag. motion carried by the following vote:

27 May 12, 2026City Council Meeting Minutes

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

5. 26-108 Acceptance of the Falcon Way Pavement Rehabilitation Project RECOMMENDATION:

Adopt a resolution accepting the Falcon Way Pavement Rehabilitation Project as complete for a total amount of $773,946.26 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.

Staff Report
Attach 1 - Resolution
Attach 2 - Notice of Completion
Attach 3 - Falcon Way Project Location
Attachments:

Public Works Director, Glenn Dombeck, presented the Staff Report .

Council asked questions and made remarks. Director Dombeck provided a response. No public comment. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Walker-Griffin, seconded by Council Member Grimsley, to approve Resolution 26-028 . The motion carried by the following vote:

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

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

28 May 12, 2026City Council Meeting Minutes
XIV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

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

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

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

3. Commission Liaisons
a. Community & Library Services Commission
b. Finance Commission
c. Planning Commisison
Interim City Manager, Patrick Tang, reported out on the Community Clean Up Day and advertised upcoming city events. City Attorney had no announcements

1. Regional Committees
Council Member Bailey reported on the Marin Clean Energy(MCE) Board meeting. Vice Mayor Walker-Griffin and Mayor Kelley attended the Contra Costa Mayors Conference.

2. City Council Committees and Subcommittees
No reports were provided

3. Commission Liaisons

29 May 12, 2026City Council Meeting Minutes
No reports were provided
Council Members also reported out on events that they attended throughout the city and county.

There were no future agenda item requests made by Council.

XV. ADJOURNMENT
Mayor Kelley adjourned the meeting at 9:35 p.m.
_________________________________
Chris Kelley, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

30 CONSENT CALENDAR

AGENDA ITEMS

2. 26-135
31 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of May 26th, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Joseph Vasquez, Chief of Police
SUBJECT: Update on the Chief’s Advisory Board (CAB)
RECOMMENDED ACTION:

Receive an update on the Chief’s Advisory Board (CAB)
EXECUTIVE SUMMARY:

The Chief’s Advisory Board was created in May of 2021 by then Chief of Police William Imboden. The intent behind the CAB was to have representation throughout various communities in the city with two -year terms to prevent discussions from going stale and allowing others in the city an opportunity to participate on the board. These members were to serve as a direct conduit between the Police Department and the community and provide invaluable information on how to provide better public safety services. Eight community members were selected from various neighborhoods, ethnic backgrounds, and personal experiences with public safety. Out of the original eight members, only four remain on the board as many of the original members were unable to fulfill the attendance requirement. Chief of Police Joseph Vasquez took over the CAB in October 2022 after Chief Imboden retired. Over the last three years, the CAB included a student from Hercules High School, and a college student which brought a unique and youthful perspective. Both have since moved on, but we hope to include more youth in the future.

Some of the accomplishments this group has achieved include helping the Chief develop a mission and vision statement as well as the core values that guide all personnel in the police department. The CAB has also helped navigate the department through difficult incidents and develop new policies and procedures.
32 During the Council Meeting of October 14, 2025, it was agreed that a summary of discussions held during CAB meetings would be periodically provided by the Chief of Police to the City Council. Below is a summary of discussions and actions taken from 2025 monthly CAB meetings.

ANALYSIS:

This report captures a synopsis of discussions from the first quarter of the 2026 calendar year. Due to scheduling conflicts, the CAB only met three times during the first quarter of 2026. Some of our discussions included our DUI check point on Willow Ave, the freeway shutdown on I-80 resulting from an outside agency officer-involved shooting, a possible homicide investigation in Hercules that was posted on social media, and allegations of an ICE kidnapping in Hercules at the Creek Side Shopping Center. We also discussed community engagement events such as Breakfast With a Badge, Coffee with a Cop, and upcoming events including the 3 rd Annual Public Safety Fundraising Golf Tournament, School Supply Giveaway, and our first Cops and Cars Car Show on Bayfront Boulevard.

Former City Manager Dante Hall also attended a meeting and discussed the state of the city including his departure and issues related to long-term financial sustainability for the city.

Social Media: A post on Nextdoor alleg ed that there was a homicide investigation in Hercules in the month of January. This post was determined to be false ; there was only one reported firearm discharge in all West Contra Costa County during this time, and it was in El Sobrante and resulted in no injuries . There was another post on social media alleging a kidnapping in Hercules by ICE officers somewhere in the Creek Side Shopping Center. This post was also determined to be false, and the CAB discussed the dangers of inaccurate and unsubstantiated information that is often disseminated on social media.

Community Awareness: An anti-ICE protest was conducted near the Shell gas station at the intersection of Sycamore Ave and Willow Ave. This protest was not well attended and there were no issues reported. A “No -Kings” protest was initially scheduled to take place at San Pablo A ve and Sycamore which is no w being referred to as “The Four Corners.” This protest was later moved to Pinole and only minimally impacted the Hercules community. In January, an off -duty Richmond Police Officer was involved in a fatal shooting on westbound I-80 in Hercules causing a major traffic jam for a large portion of the day. We discussed how these incidents are investigated and that in 2020, AB 1506 was enacted and the California Department of Justice now conducts an independent investigation of all fa tal law enforcement incident s regarding “unarmed” subjects. In this situation, even though the suspect swung a tire iron and hit the officer, according to this Assembly Bill, he is considered unarmed. This independent investigation is in addition to the Co unty Protocol investigation conducted by the Contra Costa District Attorney’s Office, the venue agency (CHP), and the “actor’s” department (Richmond PD) who conduct an administrative investigation of policy violation. The DOJ investigation extends 33 the dura tion of the overall investigation. The city also eradicated two homeless encampments during this period while offering resources including food and shelter.

Community Events: CAB members attended events such as Breakfast with a Badge and helped serve and converse with members of our senior community. Many of our members also attended Coffee with a Cop at HOM Coffee and helped welcome the new local business to our community.

PD Staffing and Succession Planning : The police department lost one probationary officer earlier this year who voluntarily resigned. In addition, the department is preparing for the impending retirement of our current longest tenured personnel, Detective Sergeant Ezra Tafesse. The police depa rtment will need to hire two officers to backfill the current vacant position, and the eventual officer vacancy after an Officer is promoted to Sergeant.

A current Patrol Sergeant will also be reassigned to a Detective Sergeant position. As a department, w e continue to struggle recruiting lateral police officers. A recent lateral police officer interview was conducted to no avail. We are now looking at entry level applicants, but the turnaround time for hiring, training, and having a solo competent Officer is more than two years. In addition, we will be conducting testing for two potential Sergeant positions while also reassigning a current Sergeant to the Investigations Division. This is all part of our future succession planning. Chief Vasquez will also be out on extended medical leave during the summer. Both Commanders have begun attending CAB meetings and will keep the meetings moving forward in Chief Vasquez’s absence.

CAB Concerns and Comment s: There continues to be a concern regarding e - bikes/scooters and the associated dangers to the riders and the public. HPD is looking at conducting educational enforcement for e -bike/scooter riders. Members of the CAB are looking into different bike groups to talk with the younger kids about the associated dangers of these modes of transportation. There also appears to be an increase of people riding dirtbikes in the “bowl” area behind the Powder Keg restaurant. CAB members were encouraged to call HPD when they observe these riders in the area.

The items listed above are a small summary of discussion items and actions taken from current monthly CAB meetings.

FISCAL IMPACT:

There is no fiscal impact associated with receiving this report.

ATTACHMENTS:

None

34 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

1. 26-128

2. 26-125

3. 26-123
35 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of May 26, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Timothy Rood AICP, Community Development Director SUBJECT: Housing Asset Funding Recommendation to Community HousingWorks for Bayline
RECOMMENDED ACTION:

By minute action, direct staff to enter into negotiations with Community HousingWorks for the award of $5,000,000 in Housing Asset Funding to support affordable housing development.

BACKGROUND:

The City of Hercules (“City”) serves as the Housing Successor Agency (“Housing Successor”) to the former Hercules Redevelopment Agency (“Redevelopment Agency”).

The Housing Successor’s Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”) had a $6.2 million cash balance as of June 30, 2025. The balance is primarily from loan repayments related to homeowner and developer loans issued by the former Redevelopment Agency.

Housing Asset Funds may be used on a variety of project development costs with the following restrictions:
• At least 30% must be spent assisting extremely low income rental households earning 30% or less of the AMI. No more than 20% may be spent on low income households earning 60% to 80% of the Area Median Income (“AMI”). • Moderate and above moderate-income households (above 80% AMI) may not be assisted with Housing Asset Funds.
• Housing Asset Funds may be used to assist senior units if no more than 50% of rental units assisted by any City funding source are restricted for seniors. 36 All affordable housing units developed with this funding source must be income restricted for at least 55 years. All deed -restricted affordable housing units within Hercules City limits are subject to the City’s Affordable Housing Policy.

The City issued a Notice of Funding Availability (“NOFA”) in October 2025 inviting developers to submit proposals to develop affordable housing utilizing up to $5 million in Housing Asset Funds. Three proposals were received, as shown in Table 1.

Table 1:

Developer Proposals
Developer
Community
HousingWorks
(“CHW”)
Satellite Affordable
Housing
Associates
(“SAHA”)
Eden Housing
(“EDEN”)
Project Name Bayline Apartments Sycamore
Crossing
Victoria Green
# of Units 83 100 66
new
units
+132
rehab
units

City staff and RSG, Inc. (“RSG”) evaluated each proposal based on the following criteria, as descried in the NOFA:
 developer qualifications and experience,
 financial capacity,
 alignment with community and Housing Element goals,
 project readiness and economic viability, and
 project eligibility and affordability.

RSG scrutinized development pro formas for each proposal and found they all have reasonable cost assumptions that comply with California Tax Credit Allocation Committee rent limits, operating expense minimums, and reserve requirements.

At the May 12, 2026 City Council meeting, staff and RSG presented their evaluation of the three proposals received.

Bayline Project
CHW’s proposal is for a modified version of its Bayline project on Bayfront Boulevard (Waterfront Blocks F & G). In May 2025, CHW submitted a preliminary application for a five-story 100% affordable housing development that included 107 units. Following a required community meeting held in June 2025 and conclusion of the required tribal consultation, Community HousingWorks revised their design to reduce the building height from five stories to four stories and reduce the number of units to 83. In February 2026, CHW submitted a full application for ministerial approval of the revised project under 37 California Senate Bill 35 (SB 35) . This bill, enacted in 2017, streamlines affordable housing approvals in cities and counties f ailing to meet state housing targets. The law aims to accelerate housing construction. It requires "ministerial" (non -discretionary) approval for qualified multi-family developments with at least 10%–50% affordable units, bypassing lengthy CEQA reviews . Ministerial approvals are required by state law to be made at the staff level for qualifying projects and are made without a public hearing.

The City denied the SB 35 application in March 2026 because the site does not meet the urban surroundings requirement of Government Code Section 65913.4(a)(2)(B) to qualify for streamlined ministerial approval. Less than 75% of the perimeter of the site abuts land developed or previously developed with urban uses. Government Code Section 65913.4(m)(13) defines “urban uses” as: “any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those u ses.” The prior use of the vacant parcels surrounding the site was industrial.

Industrial use is not included within this statutory definition of urban uses.

CHW may resubmit the project under the standard discretionary review process, and such a project may qualify for other streamlining provisions under state law, such as State Density Bonus Law and SB 330, the Housing Crisis Act of 2019 , as amended by SB 8 and AB 1218. Among other provisions, SB 330 limits the number of hearings for housing projects to five and mandates shorter timeframes for permit approvals. Staff provided CHW with a detailed comment letter to inform future submittals.

ANALYSIS:

While all of the projects and developers are worthy of support, City staff and RSG recommend funding one project, versus splitting the $5 million award between multiple projects. This approach better ensures that the funded project will be more competitive for other key funding sources and, thus, have a higher chance of successful and timely development.

City staff and RSG recommend entering into an Exclusive Negotiating Agreement with CHW for the award of $5 million in available Housing Asset Funds to the Bayline Apartments project, based on the following key factors:
 Proposes the deepest level of affordability
 Serves the highest number of new residents based on bedroom count  Produces 82 new units that count toward the City’s Regional Housing Needs Allocation (“RHNA”)
 Meets income and age limit restrictions for Housing Asset Fund expenditures  Meets Housing E lement goal to facilitate development serving a special needs population
 Estimates positive cash flows sufficient to cover expenses and debt service  CHW owns the proposed site
38  CHW brings strong experience and financial capacity  CHW is furthest along in development application efforts

RSG’s evaluation memo (Attachment 1) presents key components of each development proposal for City Council’s consideration. RSG will present their recommendation, and staff and RSG will be available for questions.

Should Council direct staff to enter into an Exclusive Negotiating Agreement (ENA) with CHW, staff will return to Council with a draft ENA for approval . When negotiations are complete, staff will return again for authorization to award the funds.

FISCAL IMPACT:

There is sufficient funding for the NOFA award and the City’s anticipated legal and consultant expenses in the Housing Successor’s Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”) . The Housing Asset Fund houses all former redevelopment agency housing assets and is subject to expenditure requirements detailed in Health and Safety Code (“HSC”) Section 34176.1. The City oversees expenditure of the Housing Asset Fund.

ATTACHMENTS
Attachment 1 – RSG evaluation memo
Attachment 2 – RSG presentation

39 To: Timothy Rood, Community Development Director

CITY OF HERCULES

From: Suzy Kim and Mark Sawicki, Directors
RSG, INC.

Date: May 7, 2026

SUBJECT: REVIEW OF DEVELOPMENT PROPOSALS: HERCULES HOUSING SUCCESSOR AGENCY NOFA (2026)

The City of Hercules (“City”) serves as the Housing Successor Agency (“Housing Successor”) to the former Hercules Redevelopment Agency (“Redevelopment Agency”) . The Housing Successor’s Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”) had a $6.2 million cash balance as of June 30, 2025. The balance is primarily from loan repayments related to homeowner and developer loans issued by the former Redevelopment Agency.

The City issued a Notice of Funding Availability (“NOFA”) in October 2025 inviting developers to submit proposals to develop affordable housing utilizing up to $5 million in Housing Asset Funds.

Three developers submitted proposals as shown in Table 1.

Table 1:

Developer Proposals
Developer Community Housing
Works (“CHW”)
Satellite Affordable
Housing Associates
(“SAHA”)
Eden Housing (“EDEN”)
Project Name Bayline Apartments Sycamore Crossing Victoria Green # of Units 83 100 66
new units
+132
rehab units

City staff and RSG, Inc. (“RSG”) evaluated each proposal based on the following criteria , as descried in the NOFA:
 developer qualifications and experience,
 financial capacity,
 alignment with community and Housing Element goals,
 project readiness and economic viability, and
 project eligibility and affordability.

RSG scrutinized development pro formas for each proposal and found they all have reasonable 40 Timothy Rood, Community Development Director

CITY OF HERCULES
May 18, 2026

cost assumptions that comply with California Tax Credit Allocation Committee rent limits, operating expense minimums, and reserve requirements.

City staff and RSG recommend awarding $5 million to the CHW Bayline Apartments project based on the following key factors:
 Proposes the deepest level of affordability
 Serves the highest number of new residents based on bedroom count  Produces 82 new units that count toward the City’s Regional Housing Needs Allocation (“RHNA”)
 Meets income and age limit restrictions for Housing Asset Fund expenditures  Meets Housing Element goal to facilitate development serving a special needs population  Estimates positive cash flows sufficient to cover expenses and debt service  CHW owns the proposed site
 CHW brings strong experience and financial capacity
 CHW is furthest along in development application efforts While all the projects an d developers are worthy of support, City staff and RSG r ecommend funding one project, versus splitting the $5 million award between multiple projects. This approach better ensures that the funded project will be more competitive for other key funding sources and, thus, have a higher chance of successful and timely development.

Table 2 presents key components of each development proposal for City Council’s consideration.

41 Timothy Rood, Community Development Director

CITY OF HERCULES
May 18, 2026

Table 2
Developer Proposal Summary
Developer CHW SAHA Eden
Project Name Bayline
Apartments
Sycamore
Crossing
Victoria Green
Location Bayfront
Boulevard
Sycamore Ave. &
San Pablo Ave.

Paradise Drive
(near Victoria Crescent W)
APN 404-490-102-5
404-490-101-7
404-020-098
404-020-099
404-030-050
Population Served Individuals and
families
(62 units)

Persons with
Intellectual and
Developmental
Disabilities (IDD)
(21 units)
Individuals and
families
(100 units)
Seniors
(66 new
units)

Reserve the
right to change
if it conflicts
with existing
regulatory
agreements
Individuals
and families
(132 existing
units)
Unit Type 1, 2, and 3 bed Studio, 1, 2, and 3
bed
Studio and 1
bed
Studio, 1, 2,
and 3 bed
Number of Units by Income Level:

New Units New + Rehab
30% AMI 29 11 7 21
50% AMI 16 30 45 85
60% AMI 27 58 13 67
80% AMI 10 23
Manager 1 1 1 2
# of Units 83 100 66 198
# of Permanent
Supportive Housing Units 0 0 0 0
Weighted Average
Bedroom Size

1.74 1.69 0.71 1.69
Est. Resident Count 269 260 92 508
Target Income Levels as % of Total Units:
30% AMI 35% 11% 11% 11%
50% AMI 19% 30% 69% 43%
60% AMI 33% 59% 20% 34%
80% AMI 12% 0% 0% 12%
Manager 1% 1% 1% 1%
Weighted Average
Affordability Level
49% AMI 54% AMI 50% AMI 53% AMI
42 Timothy Rood, Community Development Director

CITY OF HERCULES
May 18, 2026

Table 2
Developer Proposal Summary
Developer CHW SAHA Eden
Project Name Bayline
Apartments
Sycamore
Crossing
Victoria Green

Building Size and Scale:

Total Building Square
Footage 95,980 102,660 46,681
Number of Buildings 2 1 1 new
Number of Stories 4 5 3

Development Cost:

New Units New + Rehab
Total Development Cost
(net of land)
$60,430,339 $77,897,924 $34,427,523 $40,427,523
Total Development Cost
per Unit (net of land)
$728,076 $778,979 $521,629 $204,179
Developer Fee (net of
contributions)
$2,800,000 $3,842,078 $5,919,086

Total Amount of City
Funding Requested
$5,000,000 $5,000,000 $5,000,000
City Funding per Unit $60,241 $50,000 $75,758 $25,253 Development Costs
Include Prevailing Wage
Yes Yes No
Site Control Yes, owns site Yes, with execution
of Purchase & Sale
Agreement by May
2026 with final
option expiring Dec
2026
Yes, owns site
Cash Flow Positive NOI,
Maintains 1.15
debt service
coverage that
increases each
year,
Soft loan
repayments begin
in Year 11
Positive NOI,
Maintains 1.15 debt
service coverage
that increases each
year,
Soft loan
repayments begin
in Year 7
Negative NOI after 24 Years,
Debt service coverage
declines after Year 12,
No soft loan repayments

43 Timothy Rood, Community Development Director

CITY OF HERCULES
May 18, 2026

Table 2
Developer Proposal Summary
Developer CHW SAHA Eden
Project Name Bayline
Apartments
Sycamore Crossing Victoria Green
Sources of Funding:

Federal LIHTC Equity (4%) $31,319,886 $24,979,955
Federal LIHTC Equity (9%) $24,357,564
Federal Home Loan Bank Aff
Hous Prog (AHP)
$1,500,000
HCD: Aff Hous and Sust
Comm ("AHSC")
$17,303,893 $26,350,208
HCD: Multifamily Housing
Program ("MHP")
$7,722,481
Contra Costa Co. (HOME) $2,529,197 $2,135,143
Contra Costa Co. (Measure X) $458,865
City of Hercules $5,000,000 $5,000,000 $5,000,000
East Bay Regional Center $3,150,000
Deferred Developer Fee $1,400,000 $1,145,213 $2,351,804 Seller/Developer Carryback
Loan
$15,697,047
Income from Operations $734,878
GP Capital Contribution $4,538,944 $100
Permanent Loan $8,047,000 $11,454,378 $11,422,618
Total Sources $62,246,519 $81,308,629 $70,044,026
Developer Qualifications and Experience:

Years of Experience Nearly 40 years Over 50 years 58 years Development Portfolio
Developed over
5,100 apartments in
53 communities,
with 1,500 units in
the pipeline
Completed 75
affordable communities
in the Bay Area. House
over 4,000 residents
Developed or rehabilitated
over 12,930 units statewide
Other Factors Submitted SB 35
development
application
If SAHA is unable to
secure AHSC
allocation, its alternate
plan is HCD MHP
funding. To be
competitive for MHP
projects on public land,
SAHA asks City to
purchase development
site and lease to SAHA
to shield City from
property responsibilities
before closing.

Simultaneous resyndication
and rehabilitation of
existing project to leverage
tax credits in support of
new construction

1/4 of construction budget
for rehab;
3/4 of budget for
construction of new units
44 Timothy Rood, Community Development Director

CITY OF HERCULES
May 18, 2026

Table 2
Developer Proposal Summary
Developer CHW SAHA Eden
Project Name Bayline
Apartments
Sycamore
Crossing
Victoria Green
Housing Successor Compliance:

Minimum 30% @ 30% AMI, Maximum 20% @ 60-80% AMI
Number of 30% AMI Units 29 11 7 21
Housing Asset Fund
Subsidy Per 30% AMI Unit
$172,414 $454,545 $714,286 $238,095
Total Development Cost Per
Unit (net of land)
$728,076 $778,979 $521,629 $204,179
Can Allocate Full Request to
30% AMI (Per Unit Funding
Less than Total Dev Cost)
Yes Yes No No
SB 341 Compliance by
Income Level
Complies, can
allocate all funding
to 30% AMI
Complies, can
allocate all
funding to 30%
AMI
Subsidy per
30% AMI unit
exceeds
development
cost
Subsidy per
30% AMI unit
exceeds
development
cost
Percent Senior Units 0% 0% 100% 33%
SB 341 Compliance by Age Yes Yes Exceeds 50% maximum for seniors

Alignment with Community Goals / Housing Element Needs:

Senior Housing Project
(Program H2-3)
no no yes
Alternative Housing Model
(Program H2-5)
no no no
Housing Choice Vouchers
(Program H1-3)
no no no
Housing for Persons with
Special Needs (Program H4-
1)
yes no yes
Policy 1.5 Encourage
development of new special
needs housing for seniors,
single parents, families, large
families, the disabled,
including those with
developmental disabilities, and
extremely low-income
households

yes yes yes
45 Timothy Rood, Community Development Director

CITY OF HERCULES
May 18, 2026

Table 2
Developer Proposal Summary
Developer CHW SAHA Eden
Project Name Bayline
Apartments
Sycamore
Crossing
Victoria Green
Policy 1.6. Use density
bonuses and other incentives
to facilitate the development of
new housing for extremely low,
very low- and low-income
households in conformity with
State law
yes yes yes
Policy H4.5 Encourage
housing serving special needs
such as elderly and disabled
yes no yes

RHNA Fulfillment:
# of Units That Fulfill Remaining RHNA Need (2025 remaining need) Very Low or 50% AMI
(343 Units)
45 41 52 0*
Low or 80% AMI
(196 Units)
37 58 13 0*
Moderate or 120% AMI (125
Units)
0 0 0 0
Above Moderate
(309 Units)
0 0 0 0
* Per Gov Code Section 64500, only substantial rehabilitated units that receive more than $60,000 per unit of City funding can be included for RHNA reporting. According to Eden’s proposal, the $5 million NOFA funding would be used for constructing the new units and not for the rehab units. 46 Review of Proposals
To Fund Affordable Housing
Development
Hercules Housing Successor Agency
May 26, 2026
47 NOFA and Responses
05/26/2026 Hercules Housing Successor Agency
Notice of Funding Availability (NOFA) issued in October 2025 $5 Million available from the Low- and Moderate-Income Housing Asset Fund of the Housing Successor to the former Hercules Redevelopment Agency
Three (3) Developers responded:
- Community Housing Works (CHW)
- Satellite Affordable Housing Associates (SAHA)
- Eden Housing (EDEN)
2 48
Proposal Evaluation Criteria
☑ Developer qualifications and experience
☑ Financial capacity
☑ Alignment with Housing Element and community goals
☑ Project readiness and economic viability
☑ Project eligibility and affordability
☑ Reasonable cost assumptions
☑ Compliance with California and Federal funding requirements and rent limits
05/26/2026 Hercules Housing Successor Agency 3
49 Additional Review Factors
✩ Number of affordable units at deepest levels of affordability ✩ Number of new residents based on bedroom count
✩ Progress towards Regional Housing Needs Allocation (RHNA) ✩ Progress towards Housing Element goals
✩ Income and age limit restrictions on local Housing Fund source ✩ Positive cash flow projections to cover expenses and debt service ✩ Development timeline elements: site control, funding
commitments, development application status
05/26/2026 Hercules Housing Successor Agency 4
50 RSG Recommendations:
 All of the projects and developers are worthy of support.  All developers have considerable experience and reputations.  All of the projects provide additional needed housing at varying levels of affordability.
 All of the projects are projected to be completed at a reasonable development cost.
 It is better to fund one project than split the $5 million available to multiple projects.
 The funded project will be more competitive for other funding sources.  The funded project will have a higher chance of successful and timely development.
05/26/2026 Hercules Housing Successor Agency 5
51 RSG Recommendations:
 The CHW Bayline Apartments proposal is recommended:
 Proposes the deepest level of affordability
 Serves the highest number of new residents based on bedroom count  Produces 82 new units that count toward the City’s Regional Housing Needs Allocation (RHNA)
 Meets Housing Asset Fund expenditure limits for income level and age restrictions
 Meets Housing Element goal to facilitate development serving a special needs population
 Projects positive cash flow sufficient to cover expenses and debt service  Furthest along in development application efforts
05/26/2026 Hercules Housing Successor Agency 6
52 Developer Proposal Comparison Summary
EDENSAHACHWDeveloper
Victoria GreenSycamore CrossingBayline ApartmentsProject Name Paradise Drive (near Victoria
Crescent W)
Sycamore & San
Pablo Ave.Bayfront BoulevardLocation
Existing Units:

Individuals and
families (132)
New Units:

Seniors (66)
Individuals and
families (100)
Individuals and
families (62)
Persons with
intellectual and
development
disabilities (21)
Population Served
(units)
Studio, 1, 2, and
3 bed
Studio and 1
bedStudio, 1, 2, and 3 bed1, 2, and 3 bedUnit Type
05/26/2026 Hercules Housing Successor Agency 7
53 Developer Proposal Comparison Summary
05/26/2026 Hercules Housing Successor Agency
EDENSAHACHWDeveloper
Number of Units by Income Level:

New + RehabNew Units
217112930% AMI
8545301650% AMI
6713582760% AMI
231080% AMI
2111Manager
1986610083# of Units

1.690.711.691.74Weighted Avg Bedroom Size
50892260269Est. Resident Count
Target Income Levels as % of Total Units:
11%11%11%35%30% AMI
43%69%30%19%50% AMI
34%20%59%33%60% AMI
12%0%0%12%80% AMI
1%1%1%1%Manager
53% AMI50% AMI54% AMI49% AMIWeighted Avg Affordability
8 54
Developer Proposal Comparison Summary
05/26/2026 Hercules Housing Successor Agency
EDENSAHACHWDeveloper
46,681102,66095,980Total Building Sq Ft
354Number of Stories
New + RehabNew Units
$5,000,000 $5,000,000 $5,000,000 City Funding Requested $25,253$75,758 $50,000 $60,241 City Funding per Unit
$40,427,523$34,427,523$77,897,924 $60,430,339 Total Development Cost (net of land)
$204,179$521,629$778,979 $728,076 Cost per Unit (net of land) $5,919,086$3,842,078$2,800,000Net Developer Fee
NoYesYesInclude Prevailing Wage
Yes, owns site
Yes, with execution of
Purchase & Sale
Agreement
Yes, owns siteSite Control
Negative NOI after 24 Years,
Debt service coverage declines
after Year 12,
No soft loan repayments
Positive NOI,
Maintains 1.15 debt
service coverage,
Soft loan repayments
begin in Year 7
Positive NOI,
Maintains 1.15 debt
service coverage,
Soft loan repayments
begin in Year 11
Cash Flow
9 55
Developer Proposal Comparison Summary
05/26/2026 Hercules Housing Successor Agency
EDENSAHACHWDeveloper
Housing Successor Compliance: Minimum 30% @ 30% AMI, Maximum 20% @ 60-80% AMI New + RehabNew Units
2171129Number of 30% AMI Units
$238,095$714,286$454,545$172,414Housing Asset Fund Subsidy Per 30% AMI Unit
$204,179$521,629$778,979$728,076Total Development Cost Per Unit (net of land)
NoNoYesYes
Can Allocate Full Request to
30% AMI (Per Unit Funding Less
than Total Dev Cost)
Subsidy per
30% AMI unit
exceeds
development
cost
Subsidy per
30% AMI unit
exceeds
development
cost
Complies, can
allocate all funding
to 30% AMI
Complies, can
allocate all funding to
30% AMI
SB 341 Compliance by Income
Level
33%100%0%0%Percent Senior Units
Exceeds 50% maximum for
seniorsYesYesSB 341 Compliance by Age
10 56
Developer Proposal Comparison Summary
05/26/2026 Hercules Housing Successor Agency
EDENSAHACHWDeveloper
Alignment with Community Goals / Housing Element Needs:
nononoHousing Choice Vouchers (Program H1-3)
yesnonoSenior Housing Project (Program H2-3)
nononoAlternative Housing Model (Program H2-5)
yesnoyesHousing for Persons with Special Needs (Program H4-1) yesyesyesPolicy 1.5 Encourage development of new special needs housing for seniors, single parents, families, large
families, the disabled, including those with developmental disabilities, and extremely low-income households
yesyesyesPolicy 1.6. Use density bonuses and other incentives to facilitate the development of new housing for extremely low, very low- and low-income households in conformity
with State law
yesnoyesPolicy H4.5 Encourage housing serving special needs such as elderly and disabled
11 57
Mark Sawicki
Director
[email protected]
Suzy Kim
Director
[email protected]
58 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

2. 26-125
59 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of May 26, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Glenn Dombeck, Public Works Director/City Engineer SUBJECT: Approve participation in the Contra Costa County Regional Alternative Compliance Joint Powers Authority to perform city stormewater obligation and authorize execution of the Joint Powers Agreement
RECOMMENDED ACTION:

1. Adopt the attached Resolution a pproving and authorizing execution of the Joint Powers Agreement for the City’s participation in the Regional Alternative Compliance Joint Powers Authority.

2. Appoint a Board Member to the RAC JPA and an Alternate.

3. Authorize staff to collaborate with the Regional Alterna tive Compliance Joint Powers Authority Administrator to support Regional Alternative Compliance System implementation.

4. Direct staff to revise the City’s stormwater ordinance to incorporate participation in the Regional Alternative Compliance System as an a pproved alternative compliance for meeting applicable stormwater treatment requirements.

5. Authorize staff to assign funds already allocated in the fiscal year (FY) 2026-27 Capital Improvement Plan and FY 2026-27 Capital Budget to the Green Infrastructure Project – Public ROW Bioretention for use in RAC JPA participation and purchase of Green Stormwater Infrastructure credits.

60 BACKGROUND:

Council received a presentation on the Contra Costa County Regional Alternative Compliance (RAC) Joint Powers Authority (JPA) at the April 28, 2026 City Council meeting. Additional background on the purpose and intent of the RAC JPA , including a RAC System Overview, a RAC System Fact Sheet, and a Presentation on the RAC JPA, may be found in the April 28, 2026 staff report.

The RAC JPA offers an alternative mechanism to member agencies for achieving compliance with Municipal Regional Stormwater Permit (MRP) provisions related to Low Impact Development (LID) or Green Stormwater Infrastructure (GSI) necessary to treat stormwater before it reaches local waterways (Provisions C.3.d and C.3.j) and pollutant load reduction targets under the PCBs TMDL (Provision C.12.c).

The RAC JPA will be responsible for administering Off -Site Green Stormwater Infrastructure (GSI) certification, compliance unit accounting, project verification, long- term operation and maintenance funding mechanisms, and annual reporting to the Regional Water Quality Control Board. The JPA formation is in progress, with the goal of having all participating agencies adopt and approve the JPA by the end of May 2026 and JPA formation in June 2026.

While the City can achieve compliance with Provision C.3.j independently, it is not clear at this time whether compliance with Provision C.12.c is achievable as an independent entity. There are numerous other advantages associated with JPA membership that make this alternative worthy of consideration.

ANALYSIS:

Presented below are summaries of an independent compliance approach and compliance achieved through participation in the RAC JPA.

Independent Compliance
MRP Provision C.3.d requires regulated new development and redevelopment projects incorporate on ‑site GSI to treat stormwater before it reaches local waterways. Many sites—particularly small infill properties, parcels with steep slopes, or locations with underground utility conflicts—face serious constraints that make on‑site treatment difficult or infeasi ble. This potential constraint may limit private development opportunities at select parcels.

MRP Provision C.3.j requires the City design and fully fund GSI to handle 1.58 acres of public right of way on or before June 30, 2027. The City has a project in the FY 2026-27 Capital Improvement Program, Green Infrastructure Project – Public ROW Bioretention, to achieve compliance with the C.3.j provision independent of the RAC approach. The conceptual design is for the facility to be located on the south side of John Muir Parkway between Tsushima Street and Bayfront Loop , however alternative locations may be considered during the design phase. This Public ROW Bioretention project is currently funded with $400,000 of General Fund/Capital Reserves.
61 The City has solicited proposals for design of the bioretention facility and has received two proposals ranging in cost from $195,000 to $221,000. The proposals for a GSI design suggest that timely compliance is achievable, however additional funding will likely be necessary to fully fund the project. Additionally, unforeseen conditions such as utility conflicts may arise during design or construction that may increase the overall project cost. Staff involvement will be needed to complete the design procurement and manage the design. Subsequent staff involvement will be needed when the project is bid for construction and to oversee construction activity.

Completing the design and fully funding the construction costs will enable the City to demonstrate to th e Regional Board that the project is designed and fully funded on or before the June 30, 2027 compliance deadline. Should the City opt instead to join the RAC, the CIP project can be deferred or closed and the funds can be applied towards funding the City’s JPA obligations.

The deadline for compliance with Provision C.12.c is March 2030. The City does not have old industrial areas with moderate PCB loads that will provide suitable locations for a project to address the Provision C.12.c requirement to mitigate PCBs. Therefore, the City will need to identify and fund a regional agency with a PCB-compliant project. Additional work is needed to identify a potential partner and the actual costs associated with compliance are not known at this time.

Participation in the RAC JPA
The RAC System creates a countywide marketplace in which offsite GSI projects intentionally constructed with excess treatment capacity generate standardized ‘compliance units.’ These units are quantified by JPA staff based on the drainage area treated, pollutant removal performance, rainfall zone, and land use characteristics.

Once certified by the local jurisdiction where they are located, offsite GSI projects can make their compliance units available for purchase. Public agencies or private developers who cannot feasibly meet on ‑site stormwater retention requirements may instead purchase sufficient units to meet their MRP obligations. The purchaser also pays an ongoing operations and maintenance (O&M) fee designed to ensure the long ‑term performance of the Off‑Site GSI facility.

The Joint Powers Agreement establishes a governance structure for administering the RAC System. The JPA is authorized to manage the financial, administrative, and regulatory responsibilities that accompany the program, including forming a Community Facilities District (CFD) under the Mello‑Roos Act to collect O&M fees from private buyers.

The CFD provides a stable, predictable revenue stream to maintain offsite GSI facilities, which is essential to ensuring the continued functionality of systems relied upon for compliance. Public agencies that purchase compliance units pay directly to the JPA rather than through property tax mechanisms, which simplifies public‑sector participation.

The RAC System offers the following advantages that would not be achievable under the Independent Compliance approach:
62 1. It provides a solution for constrained project sites where onsite GSI is impractical.

Rather than granting variances or requiring redesigns, staff can direct applicants to a consistent, regionally approved alternative compliance mechanism.

2. This approach supports more cost‑effective stormwater treatment. Large regional GSI facilities can achieve economies of scale, reducing both upfront construction and ongoing O&M costs per acre age treated compared to multiple small installations dispersed across the city.

3. RAC participation aligns with regional water quality goals. Offsite GSI facilities can be strategically located in areas with high legacy pollutant loads, helping the City make measurable progress toward compliance with Provision C.12.c for treatment of PCBs.

4. RAC p articipation reduces City staff administrative burden associated with overseeing design, construction, and O&M of new GSI facilities as well as administration of associated regulatory reporting requirements.

FISCAL IMPACT:

Presented below and in Table 1 are summaries of costs associated with compliance of MRP Provision C.3.j for either the independent compliance approach or compliance achieved through participation in the RAC JPA. Costs to address Provision C.12.c, or to fund any additional Provision C.3.j requirements that may be added in future MRP updates, are not known at this time. A recommendation for the preferred method of MRP compliance is provided based on the comparison of estimated Provision C.3.j compliance costs.

Independent Compliance Approach
Since the Public ROW Bioretention project intended to address compliance with Provision C.3.j included in the CIP is currently at a concept level, there remains significant uncertainty in the total implementation costs. Current understanding of the c osts associated with the i ndependent pursuit of a C.3.j bioretention project include the following:
 Design costs u p to $225,000 based on proposals received to date (originally estimated at $40,000 in the 10-year CIP Public ROW Bioretention project),

 A capital cost of approximately $375,000 ( the 10-year CIP Public ROW Bioretention project capital cost escalated by 50% to reflect the significant increase in estimated design cost noted above),

 An additional 30 percent of capital cost to cover construction contingency and construction management.

 O&M costs are assumed to be identical to that of an equivalent RAC GSI system.

A lifecycle cost (capital outlay plus net present value of ongoing annual costs) of approximately $876,000 is estimated for this alternative. 63 Participation in the RAC JPA
The City will incur the following costs if it participates in the RAC JPA:
 JPA annual operating cost member agency contribution, which under the Draft JPA Agreement is shared equally among all member agencies . This cost is c urrently estimated at approximately $93,500 of initial costs and $26,500 of annual costs.

 GSI credits estimated to be $236,000 per acre based on a recent transaction for the City of San Pablo’s GSI system.

 An additional $11,000 in annual operating expenses based on a recent transaction for the City of San Pablo’s GSI system.

A lifecycle cost (capital outlay plus net present value of annual costs) of $1,0 10,000 is estimated for C.3.j compliance under the RAC alternative.

Comparison of MRP Compliance Approaches
On the basis of C.3.j compliance alone, a comparison of lifecycle costs for the Independent Compliance Approach and the RAC JPA approach suggests that the independent project is approximately 15 percent less costly than participation in the RAC.

However, City staff time to manage design, construction and O&M is not accounted for in the cost estimates. On this basis alone, the RAC JPA approach for MRP compliance is likely more favorable to the City. Additionally, at this conceptual level of costin g, a 15 percent difference in cost is practically negligible, as unforeseen conditions can easily increase the actual costs incurred.

It is recommended that the Council approve participation in the RAC JPA and authorize execution of the Joint Powers Agree ment. Initial JPA membership costs incurred in FY 2026-27, estimated at $93,500, and annual membership and GSI credit costs incurred in FY 2027-28, estimated at $93,500, respectively can be funded from a combination of the $400,000 of General Fund/Capital Reserves currently reserved for the Public ROW Bioretention Project supplemented by the City’s existing stormwater program operating budget.

ATTACHMENTS:

Attachment 1 Resolution
Attachment 2 RAC JPA Agreement

64 13074-0002\3224180v3.doc
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING

THE JOINT POWERS AGREEMENT BETWEEN PARTICIPATING CITIES, CONTRA

COSTA COUNTY, AND THE CONTRA COSTA FLOOD CONTROL AND WATER

CONSERVATION DISTRICT TO CONSTITUTE THE CONTRA COSTA COUNTY

REGIONAL ALTERNATIVE COMPLIANCE JOINT POWERS AUTHORITY AND

IMPLEMENT THE CONTRA COSTA COUNTY REGIONAL ALTERNATIVE
COMPLIANCE SYSTEM ; APPOINTING A BOARD MEMBER AND ALTERNATE ;

AUTHORIZING THE JOINT POWERS AUTHORITY TO ESTABLISH ONE OR MOR E

COMMUNITY FACILITIES DISTRICTS, ACCEPT APPLICATIONS FROM PROPERTY

OWNERS, ANNEX PROPERTIES TO THE CFD, AND LEVY SPECIAL TAXES TO

FINANCE ON -GOING MAI NTENANCE COSTS FO R OFF-SITE GSI PROJECT S

CONSTRUCTED PURSUANT TO THE REGIONAL ALTERNATIVE COMPLIANCE SYSTEM WITHIN OR OUTSIDE THE TERRITORY OF THE CITY OF HERCULES; AND

APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT
WHEREAS, the City of Hercules is a “public agency,” as defined in the Joint Exercise of Powers Act, California Government Code Section 6500, et seq., and is authorized to enter into an agreement to exercise powers common to the member public agencies;
WHEREAS, the City of Hercules desires to participate in the Contra Costa County Regional Alternative Compliance (“RAC”) System , which is a program designed to offer a flexible, cost-effective, and scientifically defensible compliance option for the Municipal Regional Stormwater National Pollutant Discharge Elimination System ("NPDES") Permit issued by the San Francisco Bay Regional Water Quality Control Board, Permit No.

CAS612008;
WHEREAS, the proposed joint powers authority (“JPA”) is being be formed to (i) establish a community facilities district (“CFD”) pursuant to the Mello -Roos Community Facilities Act of 1982 , as amended (“Mello -Roos Act”) in order to finance on -going maintenance costs for “Off-Site GSI Projects” constructed pursuant to the RAC System, and (ii) take other actions in furtherance of the RAC System; WHEREAS, a joint exercise of powers agreement between participating cities, Contra Costa Cou nty, and the Contra Costa Flood Control and Water Conservation District has been prepared to establish the proposed JPA that will implement the RAC System;
WHEREAS, the proposed agreement will take effect on the earlier of July 1, 2026, provided that two proposed member agencies have executed the agreement by such date, or when all proposed member agencies have executed the agreement; WHEREAS, each member of the proposed JPA may appoint a representative to serve on the JPA’s Board and an alternative member to serve in the absence of the appointed representative;
65 -2-
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WHEREAS, the City of Hercules’s legislative body desires to participate in the RAC System and to adopt the Agreement; and
WHEREAS, with respect to the CFD:
(1) the JPA may establish the CFD to finance the maintenance of Off - Site GSI Projects pursuant to Section 53313.5(f) of the Mello -Roos Act, which authorizes community facilities dis tricts to finance the acquisition, improvement, rehabilitation, or maintenance of any real or other tangible property, whether privately or publicly owned, for flood and storm protection services, including, but not limited to, storm drainage and treatment systems; (2) the City of Hercules desires to allow the owner s (“Participating Owners”) of property being developed within its jurisdiction (“Participating Properties”) to participate in the CFD in order to finance on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System, whether those Off-Site GSI Projects are located within the boundaries of the City of Hercules or not, and to allow the JPA to conduct proceedings to form the CFD, annex Participating Properties to the CFD and levy special taxes on such Participating Properties;
(3) both the JPA and the City of Hercules are “local agencies” under the Mello-Roos Act;
(4) the Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agree ment or joint exercise of powers agreement to exercise any power authorized by the Mello -Roos Act; (5) the City of Hercules desires to enter into such an agreement with the JPA to authorize the JPA to form the CFD and annex to the CFD Participating Properties located within the territorial limits of the City of Hercules for the purpose of financing the maintenance of Off -Site GSI Projects , whether those Off-Site GSI Projects are located within the boundaries of the City of Hercules or not; and
(5) the City of Hercules will not be responsible for the conduct of any proceedings to form the CFD, annex Participating Properties to the CFD, levy or collect special taxes, or any required remedial action in the case of delinquencies in such special tax payme nts.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY DETERMINE, FIND AND RESOLVE AS FOLLOWS:

SECTION 1. The City Council h ereby approves the “Joint Powers Agreement Between Participating Cities, Contra Costa County, and the Contra Costa Flood Control 66 -3-
13074-0002\3224180v3.doc
and Water Conservation District for Implementation of the Contra Costa County Regional Alternative Compliance System,” attached hereto as Exhibit “A” to this Resolution.

SECTION 2. Prior to the effective date of the Agreement, the City Council hereby authorizes minor and technical revisions to the Agreement approved in Section 1 that do not change the overall intent of the Agreement or increase liability or cost exposure.

SECTION 3. The City Council appoints [INSERT PRIMARY MEMBER’S NAME OR POSITION] as the representative on the JPA’s Board and [INSERT ALTERNATE MEMBER’S NAME OR POSITION] as the alternative representative on the JPA’s Board.

SECTION 4. The City Council authorizes the City Manager to execute the Agreement.

SECTION 5. Direct staff to take such actions as necessary to participate in the RAC System, including preparation of an ordinance to revise the City’s stormwater ordinance to incorporate participation in the RAC System as an approved alternative compliance for meeting applicable stormwater treatment requirements.

SECTION 6. Authorize staff to collaborate with the RAC JPA Administrator to support RAC System implementation.

SECTION 7. The Agreement, together with the terms and provisions of this Resolution, shall together constitute a separate joint community facilities agreement between the City of Hercules and the JPA under the Mello-Roos Act for the CFD. The City Council hereby authorizes the JPA to form one or more community facilities districts to accomplish the purposes of this Resolution, and each such community facilities district shall constitute a CFD as that term is used in this Resolution.

The adoption by the JPA of a resolution of intention to form the CFD under the Mello - Roos Act to finance on-going maintenance costs for Off -Site GSI Projects constructed pursuant to the RAC System shall constitute acceptance by the JPA of the terms of this Resolution with respect to such CFD.

This Resolution shall constitute full approval under Section 8.2 of the Agreement for the JPA to undertake and conduct proceedings under the Mello Roos Act to form the CFD with boundaries that include Participating Properties within the City of Hercules ’s jurisdiction, to annex Participating Properties within the City of Hercules’s jurisdiction to the CFD, and to levy a special tax on such Participating Properties; provided that the Participating Owners, who shall be the legal owners of such property at the time of formation of the CFD or annexation to the CFD, as applicable, execute a ballot or unanimous approval in favor of the levy of the special tax in accordance with the Mello- Roos Act.

The City Council hereby determines that the Agreement, together with the terms and provisions of this Resolution, are beneficial to the residents/customers of the City Council and of the future residents of the area within the CFD.

67 -4-
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The City Council hereby determines that all of the Off-Site GSI Projects constructed pursuant to the RAC System that will be maintained by Participating Properties within the City of Hercules’s jurisdiction are necessary to meet increased demands placed upon the City of Hercules as a result of development occurring or expected to occur within the City of Hercules.

The City Council hereby consents to the formation of, and annexation of Participating Properties to, the CFD in accordance with this Resolution, and consents to the assumption of jurisdiction by the JPA for the proceedings respecting the CFD with the understanding that the JPA will hereafter take each and every step required for or suitable for consummation of the proceedings to form the CFD or annex Participating Properties to the CFD, and the levy, collection and enforcement of the special tax, all at no cost to the City of Hercules and without binding or obligating the City of Hercules ’s general fund or taxing authority.

The City Council hereby authorizes and directs appropriate officials and staff of the City of Hercules to execute and deliver such certificates, agreements and documents, and to take all such other lawful actions, as are reasonably required by the JPA in accordance with the formation of the CFD, the annexation of Participating Properties to the CFD, the levy of special taxes and the financing of on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 26th day of May, 2026 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Chris Kelley, Mayor

ATTEST:

________________________________
Eibleis Melendez, City Clerk

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EXHIBIT A

FORM OF AGREEMENT

69 -1-
13074-0002\3208885v8.doc

JOINT POWERS AGREEMENT
Between Participating Cities, Contra Costa County, and the Contra Costa Flood Control and Water Conservation District to Establish the Contra Costa County Regional Alternative Compliance Joint Powers Authority for
Implementation of the Contra Costa County Regional Alternative Compliance System This Joint Powers Agreement (“Agreement”) dated July 1, 2026, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among [INSERT FINAL LIST OF PARTICIPATING AGENCIES] (collectively, “Member Agencies” and each, individually, a “Member Agency”). The term “Member Agencies” shall also include a public agency added to this Agreement in accordance with Section 14.

RECITALS
A. The joint powers authority (“JPA”) formed pursuant to this Agreement to administer the Contra Costa County Regional Alternative Compliance (“RAC”) System is authorized to (i) establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (“Mello-Roos Act”) in order to finance on-going maintenance costs for “Off-Site GSI Projects” constructed pursuant to the RAC System, and (ii) take other actions in furtherance of the RAC System.

B. The RAC System is a program designed to offer a flexible, cost-effective, and scientifically defensible compliance option for the Municipal Regional Permit’s development provisions requiring post-construction stormwater treatment. The Municipal Regional Permit is a Municipal Regional Stormwater National Pollutant Discharge Elimination System ("NPDES") Permit issued by the San Francisco Bay Regional Water Quality Control Board, Permit No. CAS612008.

C. The RAC System allows the owners of regulated developments and certain public agencies (buyers) to purchase “compliance units” in green stormwater infrastructure (GSI) treatment facilities or “Off-Site GSI Projects” constructed elsewhere within the County.

D. The developers of the Off-Site GSI Projects, which may be public agencies or private entities, generate the “compliance units” that can be exchanged through the RAC System and purchased by the buyers (owners of the regulated developments and public agencies that cannot treat stormwater on their own sites). Private buyers will contribute to the cost of operating and maintaining the Off-Site GSI Projects by annexing their development sites into the proposed community facilities district formed by the JPA. Public agencies that are buyers will pay fees directly to the JPA as an alternative funding mechanism because such public agencies cannot be levied a special tax under the proposed community facilities district.

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AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Member Agencies as follows:

1. DEFINITIONS

Capitalized terms used in the Agreement shall have the meanings specified below, unless the context requires otherwise.

1.1 “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.).

1.2 “Agreement” means this Joint Powers Agreement.

1.3 “Board” means the Board of Directors for the Joint Powers Authority.

1.4 “Effective Date” means the date on which this Agreement shall become effective and the JPA shall exist as a separate public agency, as further described in Section 5.

1.5 “JPA” means the Contra Costa County Regional Alternative Compliance Joint Powers Authority.

1.6 “Off-Site GSI Project” means a green stormwater infrastructure project eligible to exchange compliance credits under the RAC System.

1.7 “RAC System” means the Contra Costa County Regional Alternative Compliance System.

2. NAME OF THE JPA
The JPA shall be known as the Contra Costa County Regional Alternative Compliance Joint Powers Authority.

3. PURPOSE

The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Member Agency and any other powers granted to the JPA under applicable law, including the Act and the Mello-Roos Act. The JPA shall administer the RAC System.

4. ESTABLISHMENT OF THE JPA

4.1 Separate Legal Entity. The JPA, as a joint powers authority, is a separate entity from the Member Agencies and is responsible for the administration of this Agreement. 71 -3-
13074-0002\3208885v8.doc

4.2 Filing of Notices with Secretary of State and County Clerk. Within thirty (30) days after the Effective Date of this Agreement, the JPA shall cause a notice of this Agreement to be prepared and filed with the office of the California Secretary of State and the State Controller containing the information required by California Government Code Section 6503.5.

4.3 Filing of Notices with County and LAFCO. Within seventy (70) days after the Effective Date of this Agreement, the JPA shall cause a statement of the information concerning the JPA, required by California Government Code Section 53051, to be filed with the office of the California Secretary of State, the Contra Costa County Clerk, and the Contra Costa County Local Agency Formation Commission (LAFCO) stating the facts required to be stated pursuant to subdivision (a) of Government Code Section 53051.

5. TERM
The Agreement shall become effective upon the earlier date of July 1, 2026, provided that two Member Agencies have executed the Agreement by such date, or when all Member Agencies have executed the Agreement (“Effective Date”). The Agreement will remain effective until the JPA is dissolved through procedures outlined in Section 18 of this Agreement.

6. POWERS AND OBLIGATIONS OF THE JPA

6.1 General Powers. The JPA shall have the power in its own name to exercise any and all common powers of its Member Agencies and such additional powers accorded to it by law reasonably related to the purposes of the JPA, including, but not limited to, the powers to:
a. Acquire, lease, construct, own, manage, maintain, dispose of or operate (subject to the limitations herein) any buildings, works or improvements within the boundaries of the Member Agencies deemed necessary by the Board to implement the RAC System; b. Acquire, hold, manage, maintain, or dispose of any other property within the boundaries of the Member Agencies by any lawful means, including without limitation gift, purchase, lease, lease-purchase, license, eminent domain or sale to support the RAC System; c. Seek, receive, and administer funding from any available public, non- profit, foundation or private source, including grants or loans under any available Federal, State and local programs to support the RAC System;
d. Make and enter into other contracts;
e. Form and implement one or more community facilities districts pursuant to the Mello-Roos Act;
f. Incur all authorized debts, liabilities, and obligations, subject to the limitations herein to accomplish the stated purposes and objectives of the JPA; 72 -4-
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g. Receive gifts, contributions and donations of property, funds, services and other forms of financial or other assistance from any persons, firms, corporations or governmental entities;
h. Sue and be sued in its own name;
i. Seek the adoption or defeat of any Federal, State or local legislation or regulation necessary or desirable to accomplish the stated purposes and objectives of the JPA; j. Adopt rules, regulations, policies, bylaws and procedures governing the operation of the JPA;
k. Invest money pursuant to California Government Code Section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code as it now exists or may hereafter be amended; l. Carry out and enforce all the provisions of this Agreement; and m. Exercise all other powers not specifically mentioned herein, but common to Member Agencies, and authorized by California Government Code Section 6508 as it now exists or may hereafter be amended.

6.2 Specific Powers and Obligations. The JPA shall have the power in its own name to exercise the following specific powers and obligations to:
a. Conduct an audit of the records and accounts of the JPA annually by an independent certified public accountant and ensure that copies of such audit report shall be filed with the State Controller and the County Auditor, and shall be provided to the Member Agencies no later than fifteen (15) days after receipt of such audit reports by the JPA; b. Use any statutory power available to it necessary or desirable to finance the exercise of any power of the JPA; and
c. Defend, hold harmless and indemnify, to the fullest extent permitted by law, each Member Agency from any liability, claims, suits or other actions.

7. BOARD OF DIRECTORS

7.1 JPA Governing Board. The JPA shall be governed by a Board of Directors. Each director shall have a single vote on matters coming before the Board.

7.2 Board Members and Alternates. Within thirty (30) days after the Effective Date of this Agreement, each Member Agency shall designate and appoint one its officers, officials, or employees to serve as its representative on the Board. Within thirty (30) days after a new Member Agency becomes a party to this Agreement, the Member Agency shall designate and appoint one of its officers, officials, or employees to serve as its representative on the Board.

Each Member Agency may appoint an alternate representative who is authorized to serve on the 73 -5-
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Board only in the absence of the Member Agency’s primary representative, with the same authority as the primary representative. All primary representatives and alternates shall serve until they are replaced by the appointing Member Agency, or until the withdrawal of the Member Agency from this Agreement, or until such time as they are no longer an officer, official, or employee of the Member Agency. Board members and their alternates shall serve without compensation, but they shall be entitled to reimbursement of expenses they actually incur in connection with their service on the Board, provided such expense is authorized in advance by the Board.

7.3 Qualifications. Each Member Agency shall determine the officers, officials, or employees that will serve as the Member Agency’s primary representative, and their alternate, on the Board of Directors.

7.4 Board Officers. The Board shall annually select one of its members to serve as Chair and another member to serve as Vice Chair.
a. If the Chair is unable to continue serving on the Board, then the Vice- Chair shall become Chair. The Board shall then select a new Vice Chair from among the remaining members of the Board.
b. If the Vice Chair is unable to continue serving on the Board, the Board shall select a new Vice Chair from among the remaining members of the Board. c. The Chair shall preside over all meetings of the Board and perform such other duties as may be imposed by the Board in accordance with applicable law and this Agreement.
d. The Vice-Chair shall preside over all meetings of the Board in the Chair’s absence and perform such other duties as may be imposed by the Board in accordance with applicable law and this Agreement when the Chair is absent.

7.5 Additional Officers and Consultants. The Board may appoint any additional officers deemed necessary or desirable. The Board may also retain such consultants or independent contractors as may be deemed necessary.

7.6 Bonding Requirements. The officers or persons designated to have charge of, handle, or have access to any funds or property of the JPA shall be so designated and empowered by the Board. Each such officer or person may be required to file an official bond with the JPA in an amount established by the Board.

7.7 Subcommittees. The Board may create permanent or ad hoc subcommittees to give advice to the Board on such matters as may be referred to such subcommittee by the Board.

7.8 Meetings. The Board shall hold publicly noticed meetings in accordance with a schedule established by the Board. The Board shall meet no less than once per year. Meetings shall be conducted and noticed in accordance with the provisions of the Ralph M. Brown Act.

7.9 Voting. All voting powers of the JPA shall reside in the Board. 74 -6-
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7.10 Quorum; Votes for Board Actions. A majority of the members of the Board, or their alternates, shall constitute a quorum for the transaction of business, except that less than a quorum of the Board may adjourn a meeting for lack of quorum. Except as provided in Section 14 or where a larger affirmative vote is required by law, any action of the Board shall require an affirmative vote of a majority of the Directors present at a meeting, provided that a quorum of the Board is present.

7.11 Approval of Annual Budget. The JPA’s fiscal year shall begin July 1 of each calendar year, and it shall end on June 30 of the next calendar year; provided, however, that the JPA’s first fiscal year shall begin the date this Agreement becomes effective, and it shall end on the June 30 occurring thereafter. In each fiscal year after the first fiscal year, prior to April 1 of each year, the Manager shall prepare and present a proposed budget for the following fiscal year to the Board for its review and consideration; and prior to July 1 of each year, the Board shall consider approving the final budget for the following fiscal year.

7.12 Minutes. The Secretary shall cause minutes of all meetings of the Board to be drafted. Upon approval by the Board, such minutes shall become a part of the official records of the JPA.

7.13 Conflicts of Interest.
a. California Political Reform Act. Board members shall be considered “public officials” within the meaning of the California Political Reform Act of 1974, as amended, and its regulations, for purposes of financial disclosure, conflict of interest and other requirements of such Act.
b. Levine Act. Board members are “officials” within the meaning of California Government Code Section 84308 (the “Levine Act”) and subject to the restrictions of such act on the acceptance, solicitation or direction of contributions.

8. POWERS AND DUTIES OF GOVERNING BOARD

8.1 Powers and Duties. In addition to exercising the powers and obligations of the JPA set forth in Section 6, or as otherwise provided by law, the JPA Board of Directors shall have the following powers:
a. Perform the activities described in Section 8.2 with respect to the community facilities district described therein;
b. Perform activities necessary and convenient to assist Member Agencies comply with the Municipal Regional Permit and to implement the RAC System, including filing required documentation with the San Francisco Regional Water Quality Control Board; c. Review and recommend an annual budget to the Member Agencies, which shall include the proposed contribution from each Member Agency; d. Make and enter into contracts or sub-contracts, and authorize by resolution officers or agents to execute such contracts;
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e. Incur debt, liabilities and obligations on behalf of the JPA as authorized by law;
f. Invest JPA funds pursuant to an investment policy of the JPA adopted by the Board of Directors;
g. Receive contributions, donations or grants of property, funds, services, or other forms of assistance from any source;
h. Coordinate JPA activities with other Joint Powers Authorities or public agencies established for similar purposes in pursuing the common purposes set forth above; i. Appoint a Legal Advisor for the JPA;
j. Appoint, suspend and or terminate the Manager or enter into and terminate agreements for Management Services;
k. Appoint a Secretary;
l. Adopt, and amend from time to time, bylaws, rules, and regulations for the conduct of meetings of the Board and of the affairs of the JPA consistent with this Agreement; and
m. Adopt, and amend from time to time, a conflict of interest code.

8.2 Community Facilities District. The Board of Directors will consider forming one or more community facilities districts (each, a “CFD”) in accordance with the Mello-Roos Act to finance maintenance of Off-Site GSI Projects. If a CFD is formed by the Board, the following will apply:
a. The CFD will levy special taxes on development sites owned by private buyers to finance maintenance of Off-Site GSI Projects. Off-Site GSI Projects may be publicly- owned or privately-owned. The JPA is authorized and empowered to enter into agreements with owners of Off-Site GSI Projects to provide for CFD funding of maintenance. b. The CFD will initially be formed to include (i) original CFD boundaries that consist of a single property within the jurisdiction of one of the Member Agencies, and (ii) a future annexation area that includes the remaining territory of the initial Member Agencies. As a result of such agencies executing this Agreement, no further approval shall be required from such Member Agencies for the Board of Directors to include such Member Agencies’ territory in the original CFD boundaries or the CFD’s future annexation area or to annex properties in such Member Agencies’ territory to a CFD.
c. As additional public agencies join the CFD, the Board of Directors will consider adding such agencies’ territory to the CFD’s future annexation area. As a result of such agencies executing this Agreement, no further approval shall be required from such agencies for the Board of Directors to add such agencies’ territory to the CFD’s future annexation area or to annex properties in such Member Agencies’ territory to a CFD. 76 -8-
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d. Each Member Agency shall approve this Agreement by adopting a resolution in the form determined by the JPA. The terms and provisions of such resolution along with this Agreement shall constitute a joint exercise of powers agreement as defined in Section 53316.2 of the Mello-Roos Act between the JPA and a Member Agency. e. The Board of Directors will be responsible for considering the levy of special taxes to fund maintenance of Off-Site GSI Projects and administering the CFD. The Board of Directors may engage necessary consultants to assist with the formation and administration of a CFD.
f. The Board of Directors shall be responsible for preparing and approving all reports and notices required by the Mello-Roos Act. The Board of Directors may delegate to the Manager, or contract with another person or entity, the preparation of reports and notices required by the Mello-Roos Act, provided that the Board of Directors retains discretion to approve the reports and notices prior to submission, circulation, or publication.

9. OPERATIONS AND FACILITIES

9.1 Principal Office. The principal physical office of the JPA shall be established by Board resolution at one of the Member Agencies’ offices or at another suitable location within a Member Agency’s jurisdiction.

9.2 Assumption of Responsibilities by the JPA. As soon as practicable after the Effective Date of this Agreement, a notice of an organizational meeting of the Board shall be published. During the first meeting, the Board shall designate a Manager, or engage a contractor to perform Management Services, who shall have the authority described in Section 11 and as otherwise delegated by the Board.

9.3 Delegation of Authority; Transfer of Records, Accounts, Funds and Property.

The JPA shall establish procedures by which it may receive the transfer of records, accounts, funds or property from Member Agencies or other entities.

10. NO EMPLOYEES

10.1 The JPA shall not hire employees or retain consultants that could otherwise be classified as common law employees.

11. MANAGER OF THE JPA

11.1 Powers and Duties. The Manager contracted by the Agency may be a staff person of one of the Member Agencies, a consultant, an independent contractor, or an employee of another entity who can perform the responsibilities and duties described in this section JPA, as determined by the Board in its sole discretion. The Manager shall have the following powers, responsibilities and duties:
a. Plan, coordinate and supervise the operation of the JPA on a day-to-day basis to ensure that the policies and direction of the Board are implemented operationally and administratively;
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b. Make recommendations to the Board regarding the operations of the JPA and, if formed, the CFD;
c. Supervise and manage JPA contractors;
d. Establish administrative policies and procedures for the JPA consistent with and in order to implement directives from the Board; e. Prepare the annual budget for submission to the Board; f. Support compliance activities for the Member Agencies’ compliance with the Municipal Regional Permit through the RAC System; and g. Such other powers and authority delegated by the Board.

12. TREASURER AND AUDITOR

12.1 The Board shall appoint one of its officers to be the Auditor of the JPA. The Auditor shall draw warrants or check-warrants against funds of the JPA held by the Treasurer when the demands are approved by the Board of Directors or other person designated for that purpose and delegated that authority. The Board may transfer the responsibilities of Auditor to any person or entity authorized by Government Code Sections 6505.5 or 6505.6.

12.2 The Treasurer of the JPA shall be a certified public accountant. The Treasurer shall receive, have custody of, and disburse all monies of the JPA. The Board may transfer the responsibilities of Treasurer to any person or entity authorized by Government Code Sections 6505.5 or 6505.6.

13. INSURANCE AND LIABILITY

13.1 Insurance Coverage. The JPA shall be responsible for obtaining insurance coverage for its activities, as the Board deems appropriate.

13.2 Limitation on Liability. No debt, liability, or obligation of the JPA shall constitute a debt, liability, or obligation of any Member Agency. Except as expressly authorized by the Member Agencies, no Member Agency shall be responsible for the acts and omissions of another Member Agency’s officers or employees nor shall a Member Agency incur any liabilities arising out of the services and activities of another Member Agency’s officers or employees.

14. ADDITION OF MEMBER AGENCIES
The addition of any other agency as a Member Agency to the JPA shall require the approval of three-quarters of the entire Board. Upon approval by the Board, the new Member Agency shall execute a copy of this Agreement and return it to the JPA to be appended to the official version of this Agreement. Recognizing the effort of the original Member Agencies to establish the JPA, the Board may require a financial contribution to become a member of the JPA. 78 -10-
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15. MAINTENANCE AND OPERATION COSTS: COST ALLOCATION

15.1 Records and Accounts. The JPA shall cause to be kept accurate and correct books of account, showing capital costs (if any), and maintenance and operation costs of the JPA. The aforementioned described books and records shall be open to inspection at all times during normal business hours by Member Agencies. The Treasurer shall cause all financial records of the JPA to be audited by an independent public accountant or certified public accountant at least once a fiscal year and a copy of the audit to be delivered promptly to each Member Agency.

15.2 Allocation of Operating Expenses. Unless changed by mutual agreement of the Member Agencies, the operating costs and expenses in the budget shall be shared equally by the Member Agencies. Notwithstanding the foregoing, any remaining operating costs and expenses associated with the operation and maintenance of the Off-Site GSI Projects and the administration of the CFD, which are not fully paid for by special taxes collected by the CFD, shall be apportioned to the Member Agencies based upon the maximum special taxes levied in each Member Agency’s jurisdiction.

16. WITHDRAWAL OF A MEMBER AGENCY FROM THE JOINT POWERS

AUTHORITY
A Member Agency may withdraw from this Agreement by filing written notice of intention to do so with the Manager and Chair no later than 5:00 p.m. of the December 31st immediately preceding the commencement of the following fiscal year (July 1 - June 30). The Member Agency’s withdrawal shall be effective at 11:59 p.m. on June 30th of the fiscal year in which the notice of intention was received. Withdrawal shall not relieve the Member Agency from any financial commitments associated with projects or programs that the withdrawing Member agreed to participate in prior to the effective date of the withdrawal. The withdrawal of any Member Agency shall not terminate this Agreement provided at least two (2) Member Agencies remain parties to the Agreement.

Withdrawal by a Member Agency shall not have any effect on the obligation to pay special taxes of any property in the jurisdiction of such Member Agency that has annexed into a CFD.

17. DISPOSITION OF ASSETS UPON WITHDRAWAL OF A MEMBER AGENCY No Member Agency, by withdrawing, shall, except as may be agreed to by the Board, be entitled to payment or return of funds paid or property donated, if any, by the withdrawing Member Agency to the JPA or to any distribution of its assets.

18. TERMINATION; DISSOLUTION AND DISPOSITION OF ASSETS
This Agreement may be terminated and the JPA dissolved upon the consent of all Member Agencies then party to the JPA. Upon termination of this Agreement and dissolution of the JPA, JPA funds shall first be used to pay expenses, debts, liabilities and obligations of the JPA; and any remaining JPA funds shall be distributed to the Member Agencies in proportion to contributions made by the Member Agencies. The Board shall reasonably value any remaining property in accordance with generally accepted accounting principles. This JPA shall not dissolve as long as there are properties within the boundaries of a CFD that are obligated to pay 79 -11-
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special taxes to maintain Off-Site GSI Projects unless the authority for governance of the CFD has been transferred by the JPA to another jurisdiction in accordance with the Mello-Roos Act.

19. CAPITAL ASSETS
Capital assets of Member Agencies may be transferred to the JPA according to the disposition rules of the Member Agencies.

20. CONTRIBUTIONS AND ADVANCES
Pursuant to Government Code Section 6504, the Member Agencies may in their discretion make financial contributions, loans or advances to the JPA for the purposes of the JPA set forth in this Agreement. The repayment of such contribution, loans or advances will be on the written terms agreed to by the Member Agency making the contribution, loan or advance and the JPA.

21. LIMITATIONS ON POWERS
As required by Government Code Section 6509, the power of the JPA is subject to the restrictions upon the manner of exercising power possessed by the City of San Pablo.

22. AMENDMENT
Any amendment to this Agreement must be in writing and approved by the governing bodies of all Member Agencies, provided, however, that no such amendment shall be entered into if the amendment would conflict with the provisions of any bonds (as defined in Government Code section 6585(c)), indenture, trust agreement, contract or other agreement securing or relating to any outstanding bonds of the JPA issued pursuant to state or federal laws. In addition, no amendment shall have any effect on the JPA’s authority to levy or collect special taxes or pay such special taxes to maintain Off-Site GSI Projects unless the authority for governance of the CFD has been transferred by the JPA to another jurisdiction in accordance with the Mello-Roos Act.

23. NOTICE
Any notice required to be given or delivered by any provision of this Agreement shall be personally delivered or deposited in the U.S. Mail, registered or certified, postage prepaid, addressed to the Member Agencies at their addresses as reflected in the records of the JPA, and shall be deemed to have been received by the Member Agencies to which the same is addressed upon the earlier of receipt or seventy-two (72) hours after mailing.

24. SEVERABILITY
If a provision of the Agreement is found to be illegal or unenforceable, the validity of the remaining portions or provisions shall not be affected.

25. SUCCESSORS
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This Agreement shall be binding upon and accrue to the benefit of any successor of a Member Agency.

26. ASSIGNMENT AND DELEGATION
No Member Agency may assign any rights or delegate any duties under this Agreement without the written consent of all other Member Agencies.

27. COUNTERPARTS
This Agreement may be executed in one (1) or more counterparts.

28. DISPUTE RESOLUTION.

The Member Agencies and the JPA shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Should any dispute among the Member Agencies arise out of this Agreement and should the Member Agencies be unable to resolve the dispute, the Member Agencies shall, at the written request of any Member Agency, meet in mediation and attempt in good faith to reach a resolution with the assistance of a mutually acceptable mediator.

In the event that mediation does not result in the settlement of a dispute within 120 days after the demand for mediation is made, any Member Agency and the JPA may pursue any remedies provided by law.

29. INTEGRATION
This Agreement represents the full and entire Agreement among the Members.

IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the Joint Powers Authority set forth above.

[PARTY]

By: _______________________________

Name: _______________________________

Title: _______________________________

Date: _______________________________

Party: _____________________________

[PARTY]

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By: _______________________________

Name: _______________________________

Title: _______________________________

Date: _______________________________

Party: _____________________________

82 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

3. 26-123
83 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of May 26th, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Joseph Vasquez, Chief of Police
SUBJECT: Military Equipment Use and Acquisition
RECOMMENDED ACTION:

By minute order, (1) accept the annual military equipment report, (2) determine that the Police Department’s use of military equipment for the past year complied with the Department’s Policy 7061 and the requirements of state law, and (3) renew Policy 706 and Ordinance No. 547 (Military Equipment) and confirm that both will remain in effect without change.

EXECUTIVE SUMMARY:

AB 481 requires each law enforcement agency's governing body to conduct annual meetings every year to continue the use of previously acquired equipment designated as “Military Equipment.” To help guide this process, staff have attached a summary of AB 481, and Policy Section to this report. Additionally, the Police Department posted the proposed policy on the City website on April 20, 2026, in advance of the City Council meeting where the item would be discussed, in compliance with the requirements of AB 481. There are no substantive changes proposed to the existing policy except it will be renumbered from 709 to 706.

An itemized list of qualifying military equipment currently in HPD’s possession is included in this report as well as in the draft policy. Each item’s purpose and authorized use is described in specific detail in the attachment to the draft policy section to be

1 Please note that the Policy was previously referred to as Policy 709 but is now numbered Policy 706. 84 included in the Hercules Police Department policy manual. The following are qualifying items currently in the Hercules Police Department equipment inventory:
 Unmanned, remotely piloted, powered aerial devices (3 drones)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (1 Special Response Team van)
 Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issued handguns (33 - .223 caliber patrol rifles capable of firing 5.56mm ammunition)
 Noise-flash diversionary devices and explosive breaching tools (30 Noise Flash Diversionary Devices)
 Any firearm or firearm accessory that is designed to launch explosive projectiles (2 – Defense Technology Model 1426 40mm LMT Tactical single launcher (Replaced S&W Mod. 226 37mm launcher)
 Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (10 - 12 ga. “penetrator” rounds capable of delivering powdered OC through thin walls or windows. Officers assigned to the County-wide Mobile Field Force are issued Def-Tech CS gas canisters while in that position)
 Kinetic energy weapons and munitions (5 Kinetic Energy shotguns)

AB 481 states each agency is required to establish a procedure for a person to register a complaint or concern regarding the possession or use of military equipment, and how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. The City and the Police Department already have several avenues in place for filing a complaint with or about the Police Department.

Additionally, each agency must prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of this Policy, the cost of such use and other similar information. This report must be presented to the City Council and posted to the City’s in advance of the meeting where the City Council considers the Policy and the Annual Report.

BACKGROUND:

On September 30, 2021, Governor Newsom signed a series of policing reform legislation aimed at increasing transparency of peace officer misconduct records, creating a system 85 to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the funding, acquisition, and use of military equipment.

AB 481, Military Equipment Funding, Acquisition, and Use was authored by Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition, and use of military equipment.

ANALYSIS:

AB 481 Definition of Military Equipment
The Assembly Bill has designated the following categories of items as military equipment. The Hercules Police Department has equipment that meets the criteria for 7 of the 15 categories (1,5,9,10,11,12,14):

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

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

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

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

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

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

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

 Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition (Equipment Category 8) 86  Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns (Equipment Category 9)

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

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

 Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12)

 TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Equipment Category 13)

 Kinetic energy weapons and munitions (Equipment Category 14)

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

In accordance with state law, Policy 706, and Ordinance 547, the attached Annual Report provides a description of the City’s military equipment in each of the above categories as well as an overview of the equipment’s purpose, authorized use, expected lifespan, and fiscal impacts (e.g. annual maintenance costs). As noted in the Annual Report, the Police Department did not receive any complaints or concerns about any of the City’s military equipment, nor were any internal investigations related to the use of military equipment conducted in the past year. An internal audit was conducted, and all military equipment was found to be in good shape and working order.

FISCAL IMPACT:

There is no anticipated fiscal impact in approving this annual report and taking the actions recommended by staff above. Should the Police Department desire to purchase new or additional military equipment, Policy 706 and state law require prior approval and authorization by the City Council.

87 ATTACHMENTS:

1. Policy Section 706; Military Equipment Funding, Acquisition, and Use

2. 2025 Annual Military Equipment Report, Purpose, Use, and Cost

3. AB 481

4. Ordinance No. 547

5. Presentation
88 Hercules PD Policy Manual
Law Enforcement Policy
Published with permission by Hercules PD
Copyright Lexipol, LLC 2026/05/19, All Rights Reserved. 706
Policy
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

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

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

Military Equipment - 1
89 Hercules PD Policy Manual
Law Enforcement Policy
Published with permission by Hercules PD
Copyright Lexipol, LLC 2026/05/19, All Rights Reserved.

Military Equipment
a.
b.
c.
d.
e.

1. 2.
f.
g.
a.
b.
c.
d.

It is the policy of the Hercules Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

Acting as liaison to the governing body for matters related to the requirements of this policy.

Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.

Conducting an inventory of all military equipment at least annually.

Collaborating with any allied agency that may use military equipment within the jurisdiction of Hercules Police Department (Government Code § 7071).

Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

Publicizing the details of the meeting.

Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.

Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).

Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Requesting military equipment made available pursuant to 10 USC § 2576a.

Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.

Military Equipment - 2
90 Hercules PD Policy Manual
Law Enforcement Policy
Published with permission by Hercules PD
Copyright Lexipol, LLC 2026/05/19, All Rights Reserved.

Military Equipment
e.
f.
g.

Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

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

Military Equipment - 3
91 Hercules Police Department
Updated April 17, 2026

1 HERCULES POLICE DEPARTMENT

ANNUAL MILITARY EQUIPMENT REPORT
2025
92 Hercules Police Department
Updated April 17, 2026

2 INTRODUCTION

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

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

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

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

This Annual Report outlines the Hercules Police Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2025, through December 31, 2025. The Department will submit its Military Equipment Annual Report to the City Council after December 31st of every year in compliance with AB 481.
93 Hercules Police Department
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3 HPD MILITARY EQUIPMENT

1. Unmanned Aerial Vehicles

a. Description, quantity, capabilities and purchase cost:

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

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

DJI Avata 2 Interior UAV, purchase cost was $1,299
quantity: 1

b. Purpose:

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

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

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4 c. Authorized use
Only assigned operators who have completed the required training, certification, and licensing shall be permitted to use Hercules Police Department’s UAVs approved missions.
d. Expected lifespan
The expected lifespan of the Mavic 2 UAV is 5 years

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

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

2. Command and Control vehicles

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

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

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

d. Expected Lifespan
10 years

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

3. Specialized firearms and ammunition

a. Description, quantity, capabilities and purchase cost Shoulder fired rifle bored firearms capable of firing 5.56mm ammunition from standard- capacity magazines; shoulder fired smooth/rifled bored firearms capable of firing beanbag/”sponge” rounds, smoke canisters and CS gas canisters.

i. Colt M4 Carbine semi-automatic rifle for patrol use, cost:
$920.00, quantity: 33
ii. Defense Technology Model 1426 40mm LMT tactical single launcher for deployment of less lethal munitions or gas, cost $1349.00, quantity: 2
iii. Remington 870 kinetic energy shotgun for patrol use, cost:
$900.00, quantity: 5
iv. Defense Technologies 12-gauge powder barricade penetrator OC rounds for barricaded subject critical incidents, cost $5.94, quantity: 10
v. Defense Technology 40mm Exact Impact Sponge Round
extended range rounds used for patrol use, cost $29.95, quantity: 25
vi. Winchester Ranger 5.56mm 77 grain ammunition for patrol rifles, cost $878.00/1000 rounds, quantity: 10,000
Winchester 5.56mm 55 grain ammunition for patrol rifles, Cost $359/1000 rounds, quantity: 15,000
vii. Defense Technology drag stabilized kinetic energy rounds for patrol, cost $5.35, quantity: 50

b. Purpose
To be used as precision weapons to address known threats from greater distance and behind cover, providing safer response to critical 96 Hercules Police Department
Updated April 17, 2026

6 incidents involving heavily armed and protected suspect(s), to defuse volatile incidents with less than lethal force, to bring critical incidents to a close with the least amount of danger to the public, the involved subject(s) and the responding personnel.

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

d. Expected Lifespan

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

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

4. Noise Flash Diversionary Devices

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

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

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

c. Authorized use
Diversionary devices shall only be used:

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

d. Expected lifespan
5 years

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

5. Munitions containing Tear Gas or OC

a. Description, quantity, capabilities and purchase cost Chemical agent munitions, which are commonly referred to as "tear gas," are used by the Hercules Police Department as a non-lethal tool to disperse rioting suspects and/or barricaded suspects. CS (2- Chlorobenzylidenemalonoi trile) and OC (Oleoresin Capsicum) are 98 Hercules Police Department
Updated April 17, 2026

8 commonly used by law enforcement agencies across the United States.

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

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

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

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

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9 c. Authorized use
Only Officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

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

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

Equipment Purchase and Training Use

2025 Purchases

Military
Equipment

Quantity

Cost

Date of Purchase
Winchester 5.56
55 or FMJ
10000 $9870.00 9/8/2025
Defense
Technologies NSDD
30 $2775.50 9/19/2025
Defense
Technologies 40mm
Launcher
1 $1433.79 6/4/2025
DJI Avata 2 UAV 1 $1299.00 5/8/2025
//
//
//
//
//
//
//
//
//
//
//
//
100
Hercules Police Department
Updated April 17, 2026

10 2025Training/ Military Equipment Utilized

Training

Military
Equipment

Quantity

Date of Use
Department Quarterly
Training
Colt M4

5.56 Ammo
3000 1/14/2025, 4/18/2025,
7/15/2025, 10/7/2025
Department SRT
Training
Colt M4

5.56 Ammo
4000 2/19/2025, 11/25/2025
Department SRT
Training
DefTec
NSDD
14 1/14/2025, 4/8/2025,
7/15/2025, 10/7/2025

Department SRT
Training
Mavic 2
Enterprise
Advanced
UAV
2 7/15/2025
Community Concerns and Complaints

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

The Hercules Police Department is committed to full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

2025 Community Concerns, Complaints & PD Internal Investigations Related to Military Equipment Use

Community Concerns Community Complaints PD Internal
Investigations

0 0

0 //
//
//
//
101
Hercules Police Department
Updated April 17, 2026

11 Internal Inventory & Audit (HPD Military Equipment)

Per Hercules Police Department policy 709.3 (c), the Department’s military equipment coordinator, designated as the Department Range Master, is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually. During the calendar year 2025, an internal inventory of the Department’s military equipment was completed on December 19, 2025, which identified all the Department’s military equipment in preparation to fulfill the obligations set by Assembly Bill 481. All current military equipment inventory was found to be in good shape and working order.

2025 Critical Incident/ Military Equipment Utilized
Case # Date Equipment Used Reason for Use
250123-
0031
1/23/2025 Mavic 2 Enterprise
Advanced UAV / 1
NSDD
Outside Assist Richmond PD High Risk
Search/Arrest Warrant Service
250409-
0089
4/9/2025 Mavic 2 Enterprise
Advanced UAV / 2
NSDD
Outside Assist US Marshals Fugitive
Apprehension
H25-389 4/29/2025 Mavic 2 Enterprise
Advanced UAV
Outside Assist Co Co Sheriff Barricaded
Suspect
H25-553 7/30/2025 Mavic 2 Enterprise
Advanced UAV
SRT Operation Search/Arrest Warrant
Service
H25-1025 12/11/2025 Mavic 2 Enterprise
Advanced UAV / 1
NSDD
SRT Operation Search/Arrest Warrant
Service
H25-1033 12/11/2025 Mavic 2 Enterprise
Advanced UAV
Search and Foot Pursuit for PC 245
Suspect

Conclusion

This Annual Military Equipment Report reaffirms the Hercules Police Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Hercules Police Officers to better serve and protect Hercules, enhance the safety of officers and community, and bring critical incidents to a safe resolution. 102
Assembly Bill No. 481

CHAPTER 406

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

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

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

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

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

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

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of 103
the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy. This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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

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

This bill would make legislative findings to that effect.

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

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

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

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, signific risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
104
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

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

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

7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforceme nt agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county. (b) “Law enforcement agency” means any of the following:
(1) A police department, including the police d epartment of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. Ho wever, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. 105
(7) Battering rams, slugs, and breaching a pparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. Howev er, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and aut horized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection 106
of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of t he governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring mi litary equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other p erson or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment 107
use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a propo sed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
(c) The governing body shal l consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley- Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or fi military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley- Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identifi ed in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governi ng body shall either disapprove a renewal of the authorization for that type of military equipment or require modification to the military equipment use policy in a manner that will resolve the lack of compliance. 108
(f) Notwithstanding subdivisions (a) to (e ), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a m ilitary equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual c ost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well -publicized and conveniently located community engagement meet ing, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
7073. (a) A state agency shall create a military equipment us e policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. 109
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use o f, military equipment.
(7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature fi and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county.
7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of mi litary equipment by local law enforcement agencies.

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

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

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
110
ORDINANCE NO. 547

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

EQUIPMENT FUNDING, ACQUISITION, AND USE

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

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

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

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

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

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

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

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

DocuSign Envelope ID: B19319E3-68E6-4AA7-9BBC-CF8D4222080A 111

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: B19319E3-68E6-4AA7-9BBC-CF8D4222080A 112

THE FOREGOING ORDINANCE was passed and adopted at a regular meeting of the Hercules City Council on the 23rd day of May 2023, by the following vote:

AYES: T. Grimsley, C. Kelley, D. Bailey Vice Mayor D. Romero and Mayor Walker-Griffin NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

_________________________________
Alex Walker-Griffin, Mayor

ATTEST:

______________________________
Eibleis Melendez, City Clerk

DocuSign Envelope ID: B19319E3-68E6-4AA7-9BBC-CF8D4222080A 113
Policy
709
Hercules Police Department
Hercules PD Policy Manual
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

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

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

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
114
Hercules Police Department
Hercules PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

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

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
115
Hercules Police Department
Hercules PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

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

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
116
Hercules Police Department
Updated May 16, 2023

1 HERCULES POLICE DEPARTMENT

ANNUAL MILITARY EQUIPMENT REPORT
2022
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Updated May 16, 2023

2 INTRODUCTION

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

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

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

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

This Annual Report outlines the Hercules Police Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2022, through December 31, 2022. The Department will submit its Military Equipment Annual Report to the City Council after December 31st of every year in compliance with AB 481.
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3 HPD MILITARY EQUIPMENT

1. Unmanned Aerial Vehicles

a. Description, quantity, capabilities and purchase cost:

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

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

b.

Purpose:

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

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

c. Authorized use
Only assigned operators who have completed the required training, certification, and licensing shall be permitted to use Hercules Police Department’s UAVs approved missions.
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4 d. Expected lifespan
The expected lifespan of the Mavic 2 UAV is 5 years

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

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

2. Command and Control vehicles

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

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

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

d.

Expected Lifespan
10 years

e. Fiscal Impact
Annual maintenance cost of approximately $1,000.
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5 3. Specialized firearms and ammunition

a. Description, quantity, capabilities and purchase cost Shoulder fired rifle bored firearms capable of firing 5.56mm ammunition from standard- capacity magazines; shoulder fired smooth bored firearms capable of firing beanbag rounds, smoke canisters and CS gas canisters.

i. Colt M4 Carbine semi-automatic rifle for patrol use, cost:
$920.00, quantity: 33
ii. Smith and Wesson Model 226 37mm canister launcher for deployment of projectile smoke or CS gas, cost $600.00, quantity: 1
iii. Remington 870 kinetic energy shotgun for patrol use, cost:
$900.00, quantity: 5
iv. Defense Technologies 12-gauge powder barricade penetrator OC rounds for barricaded subject critical incidents, cost $5.94, quantity: 10
v. Defense technology 37mm CS gas rounds used for riot control and disbursement, cost $39.50, quantity: 0
vi. Winchester Ranger 5.56mm 77 grain ammunition for patrol rifles, cost $878.00/1000 rounds, quantity: 7000
Winchester 5.56mm 55 grain ammunition for patrol rifles, Cost $359/1000 rounds, quantity: 12,000
vii. Defense Technology drag stabilized kinetic energy rounds for patrol, cost $5.35, quantity: 50

b.

Purpose
To be used as precision weapons to address known threats from greater distance and behind cover, providing safer response to critical incidents involving heavily armed and protected suspect(s), to defuse volatile incidents with less than lethal force, to bring critical incidents to a close with the least amount of danger to the public, the involved subject(s) and the responding personnel.
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Updated May 16, 2023

6 c. Authorized use
Only personnel who have attended and passed training and certification courses approved by the Peace Officer Standards and Training (POST) Commission are authorized to possess or deploy patrol rifles, kinetic energy shotguns, or 37mm launcher.

d.

Expected Lifespan

i. Colt M4-Carbine Rifle: 15 years
ii. S&W Mod 226 37mm launcher: 15 years
iii. Remington 870 kinetic energy shotgun: 15 years
iv. Defense technology OC rounds: no expiration date
v. Winchester 5.56mm rounds: no expiration date
vi. Kinetic energy rounds: no expiration date

e. Fiscal impact
Annual maintenance is approximately $50 for each rifle. Ammunition costs vary by availability. Approximately $2,500 annually.

4. Noise Flash Diversionary Devices

a.

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

i. Defense Technologies 12-gram low roll non-reloadable, cost $52.00, quantity: 24

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Hercules Police Department
Updated May 16, 2023

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

c. Authorized use
Diversionary devices shall only be used:

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

d. Expected lifespan
5 years

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

5. Munitions containing Tear Gas or OC

a.

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

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Hercules Police Department
Updated May 16, 2023

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

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

b.

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

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

c.

Authorized use
Only Officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.
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Hercules Police Department
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9 d. Expected Lifespan
Defense Technology OC rounds: No expiration date

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

Equipment Purchase and Training Use

2022 Purchases

Military
Equipment

Quantity

Cost

Date of Purchase
Winchester 5.56
77 or BTHP
1000 $987.00 10/12/2022
Winchester 5.56
55 or FMJ
6000 $2718.00 10/12/2022
Colt M4 Carbine
semi-automatic rifle

5 $4,650 6/13/2022

2022 Training/ Military Equipment Utilized

Training

Military
Equipment

Quantity

Date of Use
Department Quarterly
Training
Colt M4

5.56 Ammo
6800 4/5/2022, 7/12/202,
10/11/2022
Active Shooter
Instructor Training
Colt M4

5.56 Ammo
1000 10/11/2022
Less Lethal New
Officer
Orientation Training
12-Guage
Bean Bag
Amo
2 7/14/2022
Less Lethal New
Officer
Orientation Training
12-Guage
Bean Bag
Amo
2 11/11/2022

125
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Updated May 16, 2023

10 Community Concerns and Complaints

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

The Hercules Police Department is committed to a full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

2022 Community Concerns, Complaints & PD Internal Investigations Related to Military Equipment Use

Community Concerns Community Complaints PD Internal
Investigations

0 0

0 Internal Inventory & Audit (HPD Military Equipment)

Per Hercules Police Department policy 709.3 (c), the Department’s military equipment coordinator, designated as a Department Range Instructor, is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually. During the calendar year 2022, an internal inventory of the Department’s military equipment was completed on October 12, 2022, which identified all the Department’s military equipment in preparation to fulfill the obligations set by Assembly Bill 481. The Department did not add any new military equipment during 2022 to its inventory since that inventory was completed. All current military equipment inventory was found to be in good shape and working order.

126
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Updated May 16, 2023

11 2022 Critical Incident/ Military Equipment Utilized
Case # Date Equipment Used Reason for Use
H22-840 8/30/22 2008 Ford Econoline
350 transport van
Marijuana Cultivation Investigation

Conclusion

This Annual Military Equipment Report reaffirms the Hercules Police Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Hercules Police Officers to better serve and protect Hercules, enhance the safety of officers and community, and bring critical incidents to a safe resolution. 127
Hercules Police
Department
2025 Annual Military Equipment
Report
128
Assembly Bill 481: Military Equipment Funding,
Acquisition, and Use Policy
September, 2021 Governor Newsom signed into legislation bills designed to increase transparency and reform policing.
• Releasing Records
• Decertification
• Accountability Guidelines
• Increased Eligibility Standards
• Banning Harmful Techniques
• Creating a Public Forum for Funding, Acquisition, Use of Military Equipment 129
What is “Military Equipment”?
Fifteen categories were created in the legislation to define what “Military Equipment” was for the purpose of the Bill:

1. Unmanned, remotely piloted, powered aerial or ground vehicles

2. Mine-r esistant ambush -protected vehicles or armored personnel carriers

3. High mobility multipurpose wheeled vehicles (HMMWV), two-an d-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached

4. Tracked armored vehicles that provide ballistic protection to their occupants

5. Command and control vehicles that are either built or modified to facilitate the operational control and dir
ection of public safety units

6. Weaponized aircraft, vessels, or vehicles of any kind

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature

8. Firearms and ammunition of .50 caliber or greater, excluding standard-is sue shotguns and standard- issue shotgun ammunition
130
What is “Military Equipment”? Cont…

9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories i
dentified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns

10. Any firearm or firearm accessory that is designed to launch explosive projectiles

11. Noise-f lash diversionary devices and explosive breaching tools

12. Munitions containing tear gas or OC, excluding standard, service-i ssued handheld pepper spray

13. TASER® Shockwave, microwave weapons, water cannons, and long-r ange acoustic devices

14. Kinetic energy weapons and munitions

15. Any other equipment as determined by a governing body or a state agency to require additional ove
rsight
131
Requirements
of AB 481
• Adopted written policy in May 2022
• Written policy was posted on City Website with 30 days notice prior to publ
ic discussion
• Provide itemized list of each item of qualifying military equipment to inc
lude:
• Description, quantity, capabilities, expected lifespan • Purpose and authorized use
• Fiscal impact including initial cost and estimated annual costs • Legal and procedural rules governing authorized use
• Prerequisite training prior to being used
• Mechanisms to ensure compliance with policy
• Procedures for complaints
• Prepare an annual report for Council as well as a public forum. 132
Inventory of qualifying HPD Military Equipment
• HPD currently has in inventory equipment in the following categories:
• Unmanned, remotely piloted, powered aerial devices
• Command and control vehicles that are either built or modified to facilitate the operational control a
nd direction of public safety units
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories i
dentified as assault weapons
• Noise-f lash diversionary devices and explosive breaching tools • Any firearm or firearm accessory that is designed to launch explosive projectiles • Munitions containing tear gas or OC, excluding standard, service-i ssued handheld pepper spray • Kinetic energy weapons and munitions
133
DRONES
• Unmanned, remotely piloted,
powered aerial devices (2
drones)
134
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (1 Special Response Team van) 135
Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns (28 - .223 caliber patrol rifles capable of firing 5.56mm ammunition) 136
Any firearm or firearm
accessory that is designed
to launch explosive
projectiles
(2 – S&W Mod.
1426 40mm launcher)
137
Kinetic energy
weapons and
munitions
(5
Kinetic Energy
shotguns)
138
Noise-flash diversionary devices and
explosive breaching tools (24 Noise
Flash Diversionary Devices)
Munitions containing tear gas or OC,
excluding standard, service-issued
handheld pepper spray (10 - 12 ga.
“penetrator” rounds capable of
delivering powdered OC through thin
walls or windows. Officers assigned to
the County-wide Mobile Field Force are
issued Def-Tech CS gas canisters while
in that position)
139
Annual Audit Report
• Complaints or Concerns – 0
• Violations of equipment – 0
• Additional equipment requested – 0
• Injuries caused by military equipment – 0
140