Agenda Packet — Hercules City Council, June 9, 2026

Tuesday, June 9, 2026
6:30 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
CLOSED SESSION - 6:30 PM REGULAR MEETING - 7:00 PM
In-Person in Council Chambers or Via Zoom:

Zoom ID: 882 3272 5214 Zoom Passcode: 216938
Zoom Phone Number: 1-669-900-6833
1 June 9, 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 – CALL TO ORDER - ROLL CALL - 6:30 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
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

1. 26-142
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION.

Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) (one case).

IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 26-143
Proclamation - Juneteenth 2026
ProclamationAttachments:

2. 26-144 Proclamation - Pride Month 2026
ProclamationAttachments:

IX. AGENDA ADDITIONS/DELETIONS

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2 June 9, 2026City Council Meeting Agenda
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.

XI. PUBLIC HEARINGS

1. 26-140
Public Hearing on Proposed Fiscal Year (FY) 2026-27 City of Hercules Budget Plan including the First Year of the Ten Year 2026-36 Capital Improvement Plan (CIP)
RECOMMENDATION:

Open the public hearing, receive the staff report, take public testimony, and continue the public hearing to June 23, 2026. The City Council is encouraged to discuss and provide policy directions to staff regarding the proposed FY 2026-27 Annual Budget.

Staff Report
Attach 1 - Proposed FY 26-27 Annual Budget
Attachments:

XII. CONSENT CALENDAR

1. 26-141 Meeting Minutes of the Regular Meeting of May 26, 2026 Meeting Minutes of the Regular Meeting on May 26, 2026Attachments:

XIII. DISCUSSION AND/OR ACTION ITEMS

1. 26-137 November 3, 2026 General Municipal Election
RECOMMENDATION:

Staff recommends adoption of a Resolution Calling for the Holding of a General Municipal Election to be held on Tuesday, November 3, 2026 and the Specifications of the Election Order for the Election of Two (2) Members of the City Council for the Full Term of Four Years.

Staff Report - City Election
Attach 1 - Resolution
Attach 2 - Draft Election Notice
Attachments:

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3 June 9, 2026City Council Meeting Agenda

2. 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:

3. 26-138 Amend the City Council Rules of Procedure to Govern Audiovisual Disruptions Pursuant to SB 707
RECOMMENDATION:

Adopt a resolution amending the City Council Rules of Procedure to establish a policy governing a City Council response to a disruption to a two-way audiovisual service used for City Council meetings.

Staff Report
Attach 1 - Resolution
Attach 2 - City Council Rules of Procedure with proposed amendments Attachments:

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.

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4 June 9, 2026City Council Meeting Agenda
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
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, June 23, 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: June 4, 2026)

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5 June 9, 2026City Council Meeting Agenda

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.

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.

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6 June 9, 2026City Council Meeting Agenda

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.

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7 June 9, 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.

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8 INTRODUCTIONS/PRESENTATIONS/

COMMISSION REPORTS

AGENDA ITEMS

1.26-143

2. 26-144
9 PROCLAMATION

RECOGNIZING JUNE 19, 2026 AS JUNETEENTH

IN THE CITY OF HERCULES

WHEREAS, on June 17, 2021, Juneteenth National Independence Day Act was signed by President Biden establishing Juneteenth as a federal holiday that commemorates the end of slavery in the United States; is also known as Emancipation Day, Freedom Day, Jubilee Day, Black Independence Day; and Juneteenth Independence Day; and

WHEREAS, freedom from slavery was granted through the Emancipation Proclamation signed on January 1, 1863, by President Lincoln, it took another 2 ½ years and military intervention by General Gordon Granger and Union troops to arrive to Galveston, Texas, the farthest of the Confederate states, to enforce the Emancipation Proclamation, whereby releasing the last 250,000 slaves from bondage; and

WHEREAS, Juneteenth celebrates freedom and the abolishment of slavery; reminds the nation to reflect on the grievous and ongoing legacy of slavery; and to rededicate ourselves to rooting out systematic racism that continues to plague our society as we strive for freedom and equality for all; and

WHEREAS, as we celebrate Juneteenth, let us recommit ourselves to the work of equity, equality and justice; and ensure that the events of 1865 are not forgotten.

NOW, THEREFORE, BE IT PROCLAIMED that I, Chris Kelley, Mayor of the City of Hercules, on behalf of the entire City Council, do hereby recognize June 19, 2026, as Juneteenth, in the City of Hercules. I encourage all citizens to learn more about the history and impact of slavery and the significance of Juneteenth, attend Juneteenth celebrations, uplift Black-owned businesses, and support the ongoing social change efforts that promote unity, equality, racial and social justice.

In witness whereof, I hereunto set my hand and cause the seal of the City of Hercules to be affixed this 9th day of June 2026.

________________________________
Chris Kelley, Mayor
10 INTRODUCTIONS/PRESENTATIONS/

COMMISSION REPORTS

AGENDA ITEMS

2. 26-144
11 PROCLAMATION

RECOGNIZING JUNE 2026 AS PRIDE MONTH

IN THE CITY OF HERCULES
WHEREAS, Pride Month commemorates the Stonewall Uprising of June 1969, a pivotal moment in the LGBTQ+ rights movement that sparked a wave of activism and advocacy for equality, justice, and human rights for all individuals, regardless of their sexual orientation or gender identity; and
WHEREAS, Pride Month is a time to celebrate the diversity, resilience, and contributions of the LGBTQ+ community, acknowled ge their invaluable impact on our society and history, reaffirm our commitment to the principles of dignity, respect, and inclusivity, and stand against discrimination, prejudice, and violence in all its forms, promoting a society where everyone can live authentically and freely; and WHEREAS, many of the residents, students, city employees, and business owners within the City of Hercules who contribute to the enrichment of our city are a part of the LGBTQ+ community; and
WHEREAS, the City of Hercules appreciates the value and dignity of each person, recognizes the impo rtance of equality and freedom and acknowledges the positive contributions made by members of the LGBTQ+ community, actively promotes principles of equality, acceptance, and love; and
WHEREAS, the Pride flag is a symbol of pride, diversity, and unity with in the LGBTQ+ community, has been flown at the City Hall throughout the month of June to symbolize the City’s celebration of diversity and support for the LGBTQ+ community.

NOW, THEREFORE BE IT PROCLAIMED, that I, Chris Kelley, Mayor of the City of Hercules, on behalf of the entire City Council, do hereby recognize June 2026 as Pride month in the City of Hercules and invite everyone to reflect on ways we all can live and work together with a commitment to mutual respect and understanding , and further, recognize Pride Month by flying the Pride Flag at City Hall during the month of June.

In witness whereof, I hereunto set my hand and cause the seal of the City of Hercules to be affixed this 9th day of June 2026.

_______________________
Chris Kelley, Mayor
12 PUBLIC HEARINGS

AGENDA ITEMS
Please see Supplemental Packet
Available on the City of Hercules website:
hercules.legistar.com
6/9/2026 Meeting Details.

1. 26-140
13 CONSENT CALENDAR

AGENDA ITEMS

1. 26-141
14 111 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
7:00 PMTuesday, May 26, 2026
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
I. SPECIAL CLOSED SESSION – NONE
NONE
II. PUBLIC COMMUNICATION - NO CLOSED SESSION
NONE
III. CONVENE INTO CLOSED SESSION - NO CLOSED SESSION
NONE
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

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

Present: 5 -
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
NONE
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Council Member Bailey.

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15 May 26, 2026City Council Meeting Minutes
VII.

MOMENT OF SILENCE
Mayor Kelley requested a Moment of Silence for Anthony Rahgozar and Mel Banagan who were residents of the Hercules community that recently passed away.

VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 26-139 Introduction of Public Works Superintendent, Chris Morris Public Works Director, Glenn Dombeck, Introduced the new Public Works Superintendent, Chris Morris. Superintendent Morris made remarks.

Council welcomed Superintendent Morris and made remarks.

IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
Public Comment provided by Sarah Creeley 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.

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16 May 26, 2026City Council Meeting Minutes
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:

Community Development Director Tim Rood presented the Staff Report.

The applicant team, Quarterra Multifamily Communities, also presented.

Council asked questions and provided remarks. Director Rood, Public Works Director, Glenn Dombeck, and members of the applicant team provided a response. Mayor Kelley opened the Public Hearing. Public comment was provided by Jeremy Lochirco, Michael Kohler, Christina

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17 May 26, 2026City Council Meeting Minutes
Hermens(Zoom) and Susan Keefe(Zoom). Mayor Kelley closed the public hearing. The discussion was brought back to council. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Walker-Griffin, seconded by Council Member Grimsley, to continue the Public Hearing to June 23rd. Council directed staff to work with the applicant team to revise the two conditions of approval, 38 and 56, and include a larger design exhibit from the traffic engineer, a better exhibit of the crosswalk and more information regarding the health, safety and noise impacts. 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. 26-130
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:

Human Resources Manager, Kristi Carter, presented the Staff Report.

Council made remarks. No public comment. Action was not taken on this item.

XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Bailey, seconded by Vice Mayor Walker-Griffin, 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. 26-136
Meeting Minutes of the Regular Meeting of May 12, 2026
Meeting Minutes for the Regular Meeting on May 12, 2026Attachments:

APPROVE

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18 May 26, 2026City Council Meeting Minutes

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

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

APPROVE
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 26-128
Attachments:

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
Interim City Manager, Patrick Tang, made initial remarks. Community Development Director, Tim Rood, presented the Staff Report. RSG also presented. Council asked questions and provided comment. Community HousingWorks(CHW) provided an introduction and background of their company. Public comment was provided by Michael Kohler, Araceli Velasquez, Ron Montoya, Rob Schaufenbil, Jeremy Lochirco, Jonathan Astmann, Adeline Chen, Weija Song, Terrel Kingwood, E.J.

Schloss(Zoom), Susan Keefe(Zoom), Jefferey Nagafuji(Zoom), Jim(Zoom) and Kevin Leichner(Zoom). Council provided comment and asked questions. Director Rood and CHW provided a response. Action was taken on this item.

MOTION: A motion was made by Council Member Bailey, seconded by Vice Mayor Walker-Griffin, to continue this item to the July 28th City Council meeting.

Council directed Staff to schedule a community meeting that would allow residents to ask the applicants questions about the proposed developments.

Prior to the community meeting, mailers will be sent to residents living in Promenade, Victoria By the Bay, Aventine and Bayside. 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. 26-125
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

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19 May 26, 2026City Council Meeting Minutes
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:

Public Works Director, Glenn Dombeck, presented the Staff Report. No public comment. Council asked questions and made remarks. Director Dombeck provided a response. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Walker-Griffin, seconded by Council Member Grimsley, to adopt Resolution 26-029. 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 -

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

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:

Acting Police Chief, Dwayne Collard, had to attend to a police matter. This item got postponed to the 6/9 City Council meeting.

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

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

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

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 Tang provided promoted upcoming city events. City Attorney Crowl had no announcements. Vice Mayor Walker Griffin said a few words about his friends and members of the Hercules Community, Anthony Rahgozar and Mel Banagan, that recently passed away.

1. Regional Committees

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Council Member Bailey reminded residents that WestCat is in the process of updating bus service. Mayor Kelley reported out on a CCTA workshop that attended. The mayor also reported out on the West Contra Costa Transportation Advisory Committee(WCCTAC) meeting

2. City Council Committees and Subcommittees
No reports were provided

3.Commission Liaisons
No reports were provided
Future Agenda Item Requests:

Vice Mayor Walker-Griffin requested the following items to be discussed at a future City Council meeting:

Wage Theft Ordinance, a Pesticide Ordinance and an Art fee for developers
Council Member Bailey requested staff provide an update on the DR Horton money and to bring back the discussion of the a Monument Sign(including master sign plan for the city) and include it on the July 28th agenda.

Council agreed unanimously to discuss all the future agenda item requests at a future City Council meeting.

XVI. ADJOURNMENT
Mayor Kelley closed the meeting in honor of Anthony Rahgozar and Mel Banagan. The meeting was adjourned at 11:06p.m.
_________________________________
Chris Kelley, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

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22 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

1. 26-137

2. 26-123

3. 26-138
23 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of June 9, 2026

TO: Mayor and Members of the City Council

SUBMITTED BY: Eibleis Melendez, City Clerk

SUBJECT: November 3, 2026 General Municipal Election

RECOMMENDED ACTION:

BACKGROUND:

Section 2-1.04 of the Hercules Municipal Code provides for a General Municipal Election to be held in the City of Hercules on the date of the Statewide General Election, the first Tuesday after the first Monday in November of each even numbered year. Members of the City Council are elected to a four (4) year term. Two (2) seats on the Hercules City Council will expire in December 2026. The Members of City Council that have term expirations at the end of this year are:

1. Chris Kelley, Mayor

2. Dion Bailey, Council Member

DISCUSSION:

The California Elections Code requires that a resolution be adopted preparatory to holding that election. On Tuesday, November 3, 2026, two (2) members of the City Council will be elected to full terms of four (4) years. The resolution presented for Council’s consideration calls for the holding of the November 3, 2026, General Municipal Election, which includes the purpose of the election, provision for payment of election costs, the action that will be taken in case of a tie vote and any changes in boundary lines . Contra Costa County Elections staff has provided the cost for submitting a candidate statement to the voters at $511.00. This is the true cost for a candidate statement not exceeding 250 words. The City 24 of Hercules will also charge a filing fee of $25.00. Both fees will be collected at the time the candidate pulls or files papers.

The Resolution sets forth a procedure in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) , the City Council will determine the tie by lot. Pursuant to State law, the two options to resolve a tie vote are to draw lots, or to hold a special runoff election. In past elections City Council has opted to resolve tie votes by lot and therefore the Resolution was prepared with this option. If Council desires to resolve a tie vote by holding a special runoff election, adoption of provisions in Elections Code 15651(b) would need to occur prior to the conduct of the election resulting in the tie vote.

Once the election process has been initiated with the adoption of the resolution, the next steps are the public noticing of the election and the opening of the nomination filing period.

The nomination filing period for the November 3, 2026, General Municipal Election is July 13, 2026, to August 7, 2026. In the event an incumbent does not file by the August 7, 2024, filing deadline, the nomination period will be extended five (5) calendar days, to August 12, 2026, by 4:00 p.m.

During the nomination filing period, any registered voter residing in the City of Hercules who is not disqualified by the laws of the State of California from holding a civil office can pull and file nomination papers for candidacy. State law requires that the filing of nomination papers occur during the agency’s regular business hours. Anyone wishing to pull or file papers during the filing period should make an appointment with the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. – 4:00 p.m. (City Offices are closed on Fridays). The last day to file papers is Friday August 6th since City offices are closed on Fridays unless the nomination period is extended to August 12 in the event an incumbent does not file by August 7.

FISCAL IMPACT:

Election costs have been estimated to be between $52,362 and $78,543 and this cost has been included in the proposed Fiscal Year 2026-27 budget.

ATTACHMENTS:

1. Resolution Calling for the Holding of a General Municipal Election to be held on Tuesday, November 3, 2026, for the Election of Two (2) Members of the City Council for the Full Term of Four Years

2. Notice of Election

Page 1 of 2 ends

CITY OF HERCULES
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES, IN

CONTRA COSTA COUNTY, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO

GENERAL LAW CITIES

WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 3, 2026 to fill certain municipal offices; and

WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10002; and

WHEREAS, Elections Code Section 10002 requires the City to reimburse the county in full for the services performed upon presentation of a bill to the City by the County Elections Official; and

WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing bod y must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; and may establish the cost; and determine whether the cost be paid in advance; and

WHEREAS, the general qualification for office as required by the City’s Principal Act of a district are the following: You must be a US Citizen. You must be a registered voter at the time the Declaration of Candidacy is issued. The candidate cannot have been convicted of a felony involving a ccepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes; and

WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and

WHEREAS, tie votes shall be determined by lot unless the city council adopts the provision of Elections Code 15651 (b) prior to the conduct of the election resulting in the tie vote.

NOW, THEREFORE, IT IS ORDERED that an election be held in accordance with the following specifications:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Hercules, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing Two (2) Members of the City Council for the full term of four (4) years:

Page 2 of 2 ends

Member of City Council Full term of Four Years Member of City Council Full term of Four Years

SECTION 2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the City, as provided in Elections Code 10002.
.

SECTION 3. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the election’s official.

SECTION 4. The Candidate Statements will be limited to 250 words. As a condition of having the Candidate’s Statement published, the candidate shall pay the cost at the time of filing. Candidate Statements past 250 words will double in price.

SECTION 5. The City of Hercules is to publish the Notice of Election in the West County Times, which is a newspaper of general circulation that is published daily in the City.

SECTION 6. The City Council has determined that the action to be taken in the event of at tie vote is as follows: In the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Contra Costa Registrar of Voters/Clerk -Recorder, the City Council, in accordance w ith Election Code § 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

SECTION 7. The City directs that a certified copy of this Resolution be forwarded to the Registrar of Voters and to the Board of Supervisors of Contra Costa County

The foregoing Resolution was duly and regularly adopted upon motion of Council member ________________________ seconded by Councilmember________________________, at a regular meeting of the City Council of the City of Hercules held on the 9th day of June 2026 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Chris Kelley, Mayor

ATTEST:

Eibleis Melendez, City Clerk

27 111 Civic Drive, Hercules, CA 94547-1771
(510) 799-8200

Public Notice

NOTICE OF ELECTION

NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Hercules on Tuesday, November 3, 2026, for the following Elected Officials:

Member of City Council Full term of Four Years Member of City Council Full term of Four Years

The nomination period for these offices begins on July 1 3, 2026 and closes on Thursday, August 6, 2026 at 4:00 p.m (City offices are closed Friday, August 7th, 2024). Nomination papers may be obtained from the City Clerk’s office located at City Hall, 111 Civic Drive, Hercules, CA

Appointments for obtaining and filing nomination papers are required and can be requested by emailing the City Clerk at [email protected] or calling 510-799- 8200. Appointments will be scheduled during regular business hours of 8:00 a.m. to 4:00 p.m. Monday -Thursdays (City offices are closed on Fridays).

If nomination papers for an incumbent officer of the city are not filed by August 7, 2024, the filing period for that office is extended five (5) calendar days, to Wednesday, August 1 2, 202 6 at 4:00p.m. , for non -incumbents only . During this extension period, no incumbent is allowed to file nomination documents. For information on individuals who have been issued nomination papers , please visit https://www.herculesca.gov/government/city-clerk/elections.

If no one or only one person is nominated for an elective office, appointment to the elective office may be made as prescribed by § 10229, Elections Code of the State of California.

The polls will be open between the hours of 7:00 a.m. and 8:0 0 p.m. on election day.

Published _____

_____________________________
Eibleis Melendez, Hercules City Clerk

28 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

2. 26-123
29 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of June 9th, 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. 30 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 31 to decertify peace offic ers 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) 32  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.

33 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
34 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
35 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
36 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
37 Hercules Police Department
Updated April 17, 2026

1 HERCULES POLICE DEPARTMENT

ANNUAL MILITARY EQUIPMENT REPORT
2025
38 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.
39 Hercules Police Department
Updated April 17, 2026

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

40 Hercules Police Department
Updated April 17, 2026

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

41 Hercules Police Department
Updated April 17, 2026

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 42 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.

43 Hercules Police Department
Updated April 17, 2026
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 44 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.

45 Hercules Police Department
Updated April 17, 2026

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
//
//
//
//
//
//
//
//
//
//
//
//
46 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 //
//
//
//
47 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

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 49 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.
50 (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. 51 (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 52 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 53 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. 54 (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. 55 (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.
56 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 57 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 58 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 59 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.
60 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):
61 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.
62 Hercules Police Department
Updated May 16, 2023

1 HERCULES POLICE DEPARTMENT

ANNUAL MILITARY EQUIPMENT REPORT
2022
63 Hercules Police Department
Updated May 16, 2023

2 INTRODUCTION

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.

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.
64 Hercules Police Department
Updated May 16, 2023

3 HPD MILITARY EQUIPMENT

1. Unmanned Aerial Vehicles

a. Description, quantity, capabilities and purchase cost:

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

Purpose:

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

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.
65 Hercules Police Department
Updated May 16, 2023

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

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.

Expected Lifespan
10 years

e. Fiscal Impact
Annual maintenance cost of approximately $1,000.
66 Hercules Police Department
Updated May 16, 2023

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

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.
67 Hercules Police Department
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.

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

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

68 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

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.

69 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).

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:

Authorized use
Only Officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.
70 Hercules Police Department
Updated May 16, 2023

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

71 Hercules Police Department
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.

72 Hercules Police Department
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. 73 Hercules Police
Department
2025 Annual Military Equipment
Report
74 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 75 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
76 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
77 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. 78 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
79 DRONES
• Unmanned, remotely piloted,
powered aerial devices (2
drones)
80 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) 81 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) 82 Any firearm or firearm
accessory that is designed
to launch explosive
projectiles
(2 – S&W Mod.
1426 40mm launcher)
83 Kinetic energy
weapons and
munitions
(5
Kinetic Energy
shotguns)
84 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)
85 Annual Audit Report
• Complaints or Concerns – 0
• Violations of equipment – 0
• Additional equipment requested – 0
• Injuries caused by military equipment – 0
86 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

3. 26-138
87 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of June 9, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Christie Crowl, City Attorney; Eibleis Melendez, City Clerk SUBJECT: Amend the City Council Rules of Procedure to Govern Audiovisual Disruptions Pursuant to SB 707
RECOMMENDED ACTION:

BACKGROUND:

Senate Bill 707 (Durazo, 2025), approved by the Governor on October 3, 2025, enacts significant changes to the Ralph M. Brown Act (Gov. Code, § 54950 et seq.; the “Brown Act”). The Brown Act is California’s open meeting or “sunshine” law which is intended to ensure that public business is conducted transparently. The Brown Act specifically protects the public’s right to attend and participate in meetings of local legislative bodies. SB 707 aims to broaden and diversify public engagement in local government and modernize the Brown Act in the face of technological advances. Certain SB 707 changes to the Brown Act are relevant to City of Hercules (“City”).

ANALYSIS:

Following the COVID-19 pandemic, the Brown Act continued to allow the City Council to provide two-way teleconferencing (i.e. “remote participation”) for Council meetings, but it did not require it. SB 707 now requires most cities to provide a remote participation platform.
88 SB 707 further requires cities to adopt a policy governing disruptions related to remote meeting participation by July 1, 2026. Staff therefore proposes to amend the City Council’s Rules of Procedure to include the new Brown Act statutory language regulating Council actions in the event of a disruption to the City’s remote meeting platform. Pursuant to Gov. Code section 54953.4, if the City’s platform is disrupted such that the public cannot view or remotely participate in a City Council meeting, the City Council must:
(1) Recess for no less than one hour, during which time staff shall make good faith efforts to restore service.
(2) Following such efforts, should the City Council desire to continue the meeting, the City Council shall adopt, by roll-call vote, a finding confirming that reasonable efforts were made to resolve the disruption and that the City’s interest in continuing the meeting outweighs the public interest in remote participation and/or observation.

The proposed revisions to the City Council Rules of Procedure (i.e. new section 4.3.1) are attached hereto as Attachment 2.

FISCAL IMPACT:

There would be no fiscal impact as a result of adopting this required policy.

ATTACHMENTS:

Attachment 1 Resolution Amending City Council Rules of Procedure Attachment 2 City Council Rules of Procedure (proposed amendments in redline) 89 HERCULES CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES TO

AMEND THE CITY COUNCIL RULES OF PROCEDURE TO GOVERN AUDIOVISUAL SERVICE DISRUPTIONS PURSUANT TO SB 707 (GOVERNMENT CODE SECTION 54953.4)

WHEREAS, Senate Bill 707 (Durazo, 2025), approved by the Governor on October 3, 2025, enacts significant changes to the Ralph M. Brown Act (Gov. Code, § 54950 et seq.; the “Brown Act”); and

WHEREAS, the Brown Act is California’s open meeting or “sunshine” law whi ch is intended to ensure that public business is conducted transparently and specifically protects the public’s right to attend and participate in meetings of local legislative bodies; and

WHEREAS, SB 707 broaden ed and diversif ied public engagement in lo cal government and modernize d the Brown Act in the face of technological advances by requiring many cities to use a two -way audiovisual platform for meeting viewing and participation; and

WHEREAS, SB 707 requires cities to adopt a policy governing disrup tions in the two-way audiovisual platforms by July 1, 2026; and

WHEREAS, Staff therefore proposes to amend the City Council’s Rules of Procedure to include the new Brown Act statutory language regulating Council actions in the event of a disruption to the City’s remote meeting platform; and

WHEREAS, the City Council held a duly noticed public hearing at its regular meeting on June 9, 2026 to consider the proposed amendments.

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

1. The foregoing recitals are true and correct and are incorporated herein as findings.

2. The City Council hereby amends the City Council Rules of Procedure in accordance with Government Code section 54953.4 by adding new section

4.3.1 as shown in t he attached amended Rules of Procedure, incorporated herein by reference.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9th day of June, 2026 by the following vote of the Council:

90 AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Chris Kelley, Mayor

ATTEST:

________________________________
Eibleis Melendez, City Clerk
91 CITY COUNCIL

RULES OF PROCEDURE
Adopted - April 23, 2002
Amended - April 27, 2004
Amended - February 8, 2005

TABLE OF CONTENTS

1. Authority

2. General Rules

3. Types of Meetings

4. Chairman and Duties

5. Order of Business and Agenda

6. Ordinances, Resolutions, and Motions

7. Creation of Committees, Boards and Commissions

8. Citizen’s Rights

9. Suspension and Amendment of These Rules

10. Amendments

11. Rules of Conduct

92 Amended 2/8/05 2

1. Authority

1.1 Charter: General Law of the State of California provides that the City of Hercules City Council may determine its own rules of pro cedure. The following set of rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules adopted in the manner provided by these rules.

2. General Rules

2.1 Meetings to be Public : All official meetings of the Council shall be open to the public, except where State or local law allows Executive Sessions for certain limited topics. The journal of proceeding minutes shall be open to public inspection in accordance with t he provisions of the State of California Open Meetings Law (Ralph M. Brown Act). Taped recordings of City Council Meetings shall be retained as per the requirements of the City’s adopted Retention Schedule.

2.2. Quorum: A majority of the members of the C ouncil shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.

2.3 Compelling Attendance : City Councilmembers are expected to atte nd all scheduled meetings. If absenc e is unavoidable, the City Manager or Mayor shall be notified as stated in Government Code Section 36513.

2.4 Journal of Proceedings : An account of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constituting the official record of the Council.

2.5 Ordinances: Confined to One Subject; Exceptions : No ordinance except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordi nances, shall relate to more than one subject, which shall be clearly stated in its title.

2.6 Right of Floor for Council Members: Any member desiring to speak shall be recognized by the Chair, and shall confine his or her remarks to the subject under consideration or to be considered.

Right of Floor for Staff: The chair will be attentive to staff’s desire to provide professional advice and recommendations.

Right of Floor for Public : Members of the public wishing to comment must submit a speaker's card, must be recognized and must go to the podium to speak from the microphone. All parties speaking shall present comments with courtesy and respect for all others attending the meeting.

• Persons wishing to speak must complete and submit a speaker’s card. • The City Council will listen with respect and an open mind. 93 Amended 2/08/05 3
• Council responses to speakers will be as follows:
1) Short answers by Council or staff as appropriate; or 2) Item is directed to staff for later action/follow-up; or 3) Item is placed on a future agenda
• Conversation between the public and staff or the City Council will not be allowed. • A 3-minute time limit per speaker shall be enforced when there are numerous speakers addressing a single agenda item.

2.7 City Manager: The City Manager shall attend all meetings of the Council unless excused.

The City Manager shall designate at his/her discretion, staff representative to Subcommittees and Commission meetings.

2.8 City Attorney: The City Attorney shall attend all regular meetings of the Council unles s excused by the Mayor and shall attend special meetings and workshops upon request. The City Attorney shall act as the Council’s parliamentarian.

2.9 City Clerk: The City Clerk or his/her delegate shall attend all m eetings of the Council unless excused and shall keep the official journal (minutes) and perform such other duties as may be requested by the Council.

2.10 Officers and Employees: Department Directors of the City, when there is pertinent business from their departments on the Council agenda, shall attend such Council meetings upon request of the City Manager.

2.11 Rules of Order: “Roberts Rules of Order” shall be adopted and govern the proceedings of Council Meetings where they are not in conflict with these rules.

3. Types of Meetings:

3.1 Regular Meeting : The Council shall meet in the Council Chambers for Regular and Adjourned meetings. Regular Council Meetings are to commence at 7:00 p.m., on the second and fourth Tuesday of each month, unless otherwise specified at least two (2) weeks in advance.

3.2 Special Meetings : Special meetings may be called by the Mayor or by a majority of the members of the Council. The call for a special meeting shall be filed with the City Clerk in written form, e xcept that an announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting and shall list the subject o r subjects to be considered. No special meeting shall be held until at least twenty-four hours (24) after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or an incident thereto.

3.3. Emergency Meetings: An emergency meeting may be called when the legislative body determines that an emergency situation exists. At least one hour prior to the meeting, telephonic notice must be provided to all Co uncil Members as well as all media ou tlets, which have 94 Amended 2/8/05 4
requested that they receive notice of special meetings called pursuant to Government Code Section 54956. Emergency meetings may not be held in closed session per Government Code Section 54956.5.

3.4 Adjourned Meetings : Any meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next Regular Meeting.

3.5 Study Sessions: The Council may meet informally in Study Sessions (open to the public), at the call of the Mayor or a simple majority of the Council.

3.6 Executive Sessions: Executive Sessions or closed meetings may be held in accordance with the provisions of the Brown Act. Topics that may be discussed in some states w ould be: (1) Personnel matters, (2) Consideration of acquisitions of property for public purposes, (3) Potential or pending litigations in which the City has in interest.

3.7 Adjournment of Meetings: All City Council Meetings shall end at 12:00 a.m. with no new business beginning after 11:30 p.m. Agenda items, which have commenced consideration before the 12:00 hour, shall be completed prior to adjournment. Upon completion of that item the meeting shall be adjourned.

4. Chairman and Duties

4.1 Chairman: The Chair of City Council meetings shall be the Mayor and in his/her absence, the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the Council shall elect a temporary Chair. City Council sub -committees and Commissions shall elect a Chai r and Vice Chair annually.

4.2 Call to Order : The Mayor shall call the meetings of the Council to order or by the Vice Mayor in his/her absence. In the absence of both, the senior Council Member who shall act as the temporary Chair shall call the meeting to order.

4.3 Preservation of Order : The Mayor shall preserve order and decorum; prevent attacks on personalities or the impugning of members’ motives and confine members in debate to the question under discussion. The public shall be held to the same standard.

4.3.1 Disruption of Re mote Participation: Should the City Council utilize two-way remote participation (including, but not limited to, Zoom or any othe r two -way telephonic or audiovisual service) during a Council meeting, the City Council s hall adhere to the procedure in this section in the event of a disruption in the two -way remote participation service. If a disruption in the City’s two-way remote participation service prevents members of the public from remotely participating in or from remotely observing the meeting, the City Council shall recess for no less than one hour, during which time staff shall make good faith efforts to restore service. Following such efforts, should the City Council desire to continue the meeting, the City Coun cil shall adopt, by roll -call vote, a finding confirming that reasonable 95 Amended 2/08/05 5
efforts were made to resolve the disruption and that the City’s interest in continuing the meeting outweighs the public interest in remote participation and/or observation.

4.4 Points of Order: The Mayor shall determi ne all points of order, subject to the right of any member to request a vote of the entire City Council on the questions whether the determination of the Mayor should be sustained.

4.5 Questions to be stated : The Mayo r shall re -state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member.

4.6 Substitution for Chairman: The Mayor may call on the Vice Mayor to temporarily chair the meeting in order to take part in debate, to make a motion, or to cover a temporary absence. Such substitution should not continue beyond adjournment.

4.7 Rights of Council to Discipline: Any deliberate assembly has the inherent right to make and enforce its own laws and t o enforce its own rules and laws, including the discipline of a member of the deliberative body.

The City Council shall have a right to discipline, censure and punish a member where a standard majority of the Council finds with support of the City Attorn ey that actions of a member are arbitrary and conspiring to the detriment of the City of Hercules. Such discipline, after the Council duly notices and publicly conducts its investigation can include, public censure, civil charges and in grave or extreme c ases recommendation to the Hercules citizens at large for the removal of a sitting Council Member. As a rule, such deliberative body including a City Council has no right to go beyond what is necessary for its self-protection.

4.8 City Council Leadership and Expectations: It is the policy and practice of the City Council that each year the City Council shall select a Mayor and Vice Mayor. For every election cycle, the City Council Members receiving the highest and the second highest number of votes will be identified. These City Council Members shall be selected by the City Council to rotate into the position of Mayor during the third and fourth year of their terms respectively. The Council Member receiving the highest number of votes shall serve as Mayor during the third year of his/her term and the Council Member receiving the second highest number of votes shall serve in the fourth year of his/her term.

4.8.1 Inability to Serve as Mayor or Vice Mayor : In the event of a death or removal from office, the City Council shall determine who shall serve as the Mayor or Vice Mayor for the term vacated based upon the rotation described in 4.8 above.

4.8.1 Appointment of Vice Mayor to Mayor: Upon completion of term as Vice Mayor, City Council shall appoint the Vice Mayor as Mayor for a term of one (1) year.

5. Orders of Business and Agenda

5.1 Order of Business: Shall be as in the agenda prepared by City Clerk as follows:
96 Amended 2/8/05 6

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA

I. ROLL CALL – CALL TO ORDER

II. PUBLIC COMMUNICATION – CLOSED SESSION AGENDA ITEMS

III. CONVENE INTO CLOSED SESSION

IV. RECONVENE TO OPEN SESSION AND REPORT ON ACTION TAKEN IN CLOSED

SESSION

V. PLEDGE OF ALLEGIANCE

VI. MOMENT OF SILENCE

VII. CITY OF HERCULES INTRODUCTIONS/PRESENTATIONS

VIII. AGENDA ADDITIONS/DELETIONS

IX. PUBLIC COMMUNICATIONS

X. JOINT CITY COUNCIL/REDEVELPMENT AGENCY CONSENT CALENDAR

XI. DISCUSSION AND/OR ACTION ITEMS

XII. PUBLIC COMMUNICATIONS

XIII. CITY COUNCIL/AGENCY BOARD AND CITY MANAGER/EXECUTIVE

DIRECTOR ANNOUNCEMENTS AND COMMITTEE, SUB-COMMITTEE AND

INTERGOVERNMENTAL COMMITTEE REPORTS

XIV. ADJOURNMENT

5.2 Agenda: the City Clerk shall as contained in the Agenda prepare the order of business of each meeting. The Agenda shall be a listing by topic of subjects to be considered by the Council, and shall be delivered to members of the Council prior to the meeting to which it pertains, and within the time frame established by the Brown Act.

5.3 Presentation by Members of Council : The Council shall have time to deliberate when the Mayor or any Council Member brings before the Council any business that he/she feels is appropriate for Council deliberation. These matters need not be specifically listed on the Agenda, but formal action on such matters s hall be deferred until a subsequent C ouncil meeting.

Immediate action may be taken upon a standard majority of the Council if the issue qualifies as an emergency.
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5.4 Process for Addressing Agenda Items Before the City Council

• Mayor reads the agenda item
• Staff presents their report
• Council questions staff
• Public Comments are heard
• Council discusses item
• A motion is made
• Final Council discussion
• Council votes or provides direction to Staff

5.5 Reading of Minutes : Minutes belong to the City Council/Bo ard of Directors. Unless a member of the Council requests a reading of the minutes of a Council meeting, such minutes may be approved without reading if the City Clerk previously furnished each member with a copy thereof. On Consent Calendar, approval of minutes shall be by a standard majority vote and items can be pulled for discussion and reinserted or pulled for discussion and a separate vote taken.

5.5 Basis for Appeals : Non -material changes should be directed to the City Manager or appropriate staff. Challenges to material points should be presented to the City Manager and at that time the City Clerk shall review the tape of the meeting. The results of the review will be reported at the next meeting. Action items cannot be rescinded, but can b e pulled at the meeting for further discussion and the results of this review reported at the next meeting.

6. Ordinances

6.1 Ordinances Deferred: Emergencies and Appropriations: Ordinances introduced/read at a Council meeting shall not be formally acted upon until at least the next of ficial meeting, except that urgency ordinances may be acted on immediately . A standard majority affirmative vote of the Council shall be required for the final passage of an urgency ordinance. Urgency defined in Government Code Section 36937.

6.2 Reading by Title Only : Upon being introduced, each proposed ordinance shall be read by title only, unless any member of the Council requests a full reading of the ordinance.

6.3 Majority Vote Required : An affirmative v ote of at least a majority of the mem bers of the Council shall be necessary to pass an ordinance, but a resolution, motion, or any other proposition may be adopted by a majority voting on the issue except as otherwise specified by City Ordinance or the Sta te Statutes. When any vote is called , each Council Member shall respond “yes (aye),” “no”, “abstain”, or “pass”. Any Council Member who responds, “pass” will be given the opportunity at the end of the roll call to change their vote. Any “pass” response not changed shall be recorded as an abstention.

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6.4 Tie Vote: In the event of a tie in votes on any motion, the motion shall be considered lost unless the chair votes for the affirmative. The chair may also cast a negative vote to make a tie and thus defeat the measure.

6.5 Requests for Preparation of Ordinances or Issuance of Legal Opinions : Any member of the City Council may request the City Manager to place the proposed adoption of an ordinance on the City Council agenda for discussion purposes. Upon direction by the City Council, t he City Attorney shall review proposed ordinances for consideration and adoption by the City Council.

Upon direction by the City Council, the City Attorney shall render legal opinions, either written or oral, on questi ons of law. Individual members of the City Council may consult with the City Attorney informally regarding legal issues pertaining to City business, but all legal inquiries requiring a substantial commitment of City Attorney time must be authorized by the City Council as a whole, except that an individual City Council member may request written legal advice regarding a potential conflict of interest which may affect that Council member’s ability to participate in an upcoming decision. All written legal op inions and ordinances prepared by the City Attorney shall be provided to the City Manager, who shall distribute them to all members of the City Council so that they may be fully informed of the status of City affairs.

7. Creation of Committees, Boards and Commissions

7.1 Citizen Committe es, Boards and Commissions : The Council may create committees, boards, sub -committees and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify which a re consistent with the City Code.

7.2 Membership and Selections : Membership and selection of members shall be as provided by the Council if not specified by the City Code. Any committee, board, or commission so created shall cease to exist upon the ac complishment of the special purpose f or which it was created, or when abolished by a majority vote of the Council. No committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the City Code.

7.3 Removal of Members of Boards and Commissions : The Council may remove any member of any board or commission which it has created or as created by the City Code by a vote of at least a majority of the Council.

7.4 Sub-Committees - Operation of City Council Sub -Committees: The City Council shall utilize the Sub -Committee process to assist the work of staff and to conduct preliminary policy evaluation for purpose of recommendation to the full City Council. Such Sub -Committee shall have no aut hority to resolve and act on policy issues and shall not act as a committee of the whole committee. With the exception of urgency items and personnel issues, notice of a scheduled Sub -Committee meeting shall be posted not later than seven (7) days prior t o the scheduled Sub-Committee meeting. Such notice shall include the date, time, location and item to be discussed. In addition, the Sub -Committee shall cause a summary report of the discussion held to be prepared and submitted to all Council Members and appropriate staff. 99 Amended 2/08/05 9

8. Citizens Rights

8.1 Public Comment: Any person desiring to address the Council, Commission, Subcommittee or other du ly established body shall first present a speaker's card to the Chair and shall be recognized by the Chair. No p erson, other than members of the Coun cil and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked the Council Members, except through the presiding officer.

8.2 Time Limits on Speakers: Disruptive Conduct : The Mayor or presiding officer may establish reasonable limits on the amount of time allocated for public testimony on particular issues and for each individual speaker. In addition, the Mayor may rule a speaker to be out of order if that speaker engages in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of City Council business. By, among other things; a) uttering loud, threatening, personal or abusive lan guage; b) by being unduly repetitious; or c) by making comments which are not relevant to the City Council’s business.”

8.3 Reading of Protests : Interested persons, or their authorized representatives, may address the Council for the reading of protests, petitions, or communications relatin g to any matter over which the Council has control when the item is under consideration by the Council, if a majority of the Council present agrees to let them be heard.

8.4 Mayor May Appoint A Committee or Refer Citizen’s Complaints: The Mayor may appoint a committee of two members of the City Council to hear Citizens’ complaints as the same are referred thereto by the Mayor or may refer Citizens’ complaints to an Executive Session of the City Council, whenever the subject meets the criteria specified in the Brown Act.

8.5 Written Communications: Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City’s business or ov er which the Council has control at anytime by direct mail or by addressing the City Clerk and copies will be distributed to the Councilmembers.

9. Regional Appointments

9.1 Appointments to Regional Committees:

9.2 Appointments to City Sub Committees:

10. Amendments

10.1 Amendment of These Rules : These rules may be amended, or new rules adopted, by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting.

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Amended 2/8/05 10

11. Rules of Conduct

11.1 Council Members should be prepared to attend all meetings of the City Council.

11.2 Council Members should prepare themselves for all meetings by reading and reviewing the material provided to them.

11.3 Members of the Ci ty Council should be aware that all i nformation covered in Closed Session is confidential and not for public discussion.

11.4 Council Members are encouraged to set up appointments with the City Manager, Department Heads and staff, if possible. Section 2 -3.105 of the Municipal Code should always be considered when working with staff at City Hall.

11.5 Council Members conduct when attending meetings, as a representative of the City of Hercules should always reflect the highest standards.

11.6 Members of t he City Council should remember that they are representing the City of Hercules when attending events, not just themselves.

11.7 Council Members should be cognizant of the funds allocated to them within the City’s budget and not use more than their alloca ted amount for trips and events so that other member’s allocations will not be impacted.
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Hercules City CouncilJune 9, 2026

Hercules City Council
June 9, 2026