Tuesday, July 28, 2026
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Chris Kelley
Vice Mayor Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Council Member Dion Bailey
Patrick Tang, Interim City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
REGULAR MEETING - 7:00 PM
(or immediately following Special Meeting)
In-Person in Council Chambers or Via Zoom:
ID: 843 3928 4063 Passcode: 939253 Audio: 1-669-900-6833 1 City Council Meeting Agenda July 28, 2026
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL CLOSED SESSION – NONE
II. PUBLIC COMMUNICATION - NONE
III. CONVENE INTO CLOSED SESSION - NONE
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.
V. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO
PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 26-185 Presentation - Caltrans: I-80 Westbound Carquinez (Al Zampa) Bridge Deck Rehabilitation
Attachments: Presentation
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.
Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.
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2 City Council Meeting Agenda July 28, 2026
XI. PUBLIC HEARINGS
1. 26-199 Conditional Use Permit (CUP 26-01) and Design Review Permit (DRP 26-01) for a Goodwill Retail Store with Drive-Up Donation Operations at 1551 Sycamore Avenue
RECOMMENDATION:
That the City Council:
1. Request planning staff present the staff report;
2. Open the public hearing;
3. Invite the applicant to make a presentation or statement;
4. Receive comments from the public;
5. Offer the applicant or their consultant team the opportunity to answer questions;
6. Close the public hearing;
7. Request clarification from staff or the applicant on any issues related to the project;
8. Find that the project is categorically exempt from CEQA review pursuant to Class 1 (Existing Facilities), California Code of Regulations, Title 14, Section 15301; and,
9. Adopt Resolution affirming the Planning Commission decision to approve.
Staff Report
Attach 1 - Resolution
Attach 2 - Draft Conditions of Approval
Attach 3 – Project Exhibits
Attach 4 - Planning Commission Resolution 26-03
Attach 5 - Property Owner Letter to City Council
Staff Presentation
Applicant Presentation
Attachments:
XII. CONSENT CALENDAR
1. 26-189 Meeting Minutes for the Regular Meeting on July 14, 2026 Attachments: Meeting Minutes for the Regular Meeting of July 14, 2026
2. 26-188 Proclamation - Honoring and commending Dr. Pate Thomson, MD for his leadership and vision in founding the ROTACARE West Contra Costa Free Clinic
Attachments: Proclamation
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3 City Council Meeting Agenda July 28, 2026
3. 26-198 Contra Costa County Library Commission Seat Appointment RECOMMENDATION:
By minute action, appoint Community and Library Services Commissioner Wylendia Eastman as the City Representative to the Contra Costa County Library Commission.
Attachments: Staff Report
4. 26-186 Acceptance of a grant award from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program
RECOMMENDATION:
Staff recommend the City Council adopt a resolution to accept the grant award of $126,000 from the California Highway Patrol on behalf of the City of Hercules.
Staff Report for Cannabis Grant Acceptence
Attach 1 - Resolution
Attach 2 - FY 26-27 Grant Agreement
Attachments:
5. 26-201 Ratification of Resolution Approving Contra Costa County Regional Alternative Compliance (RAC) Participation and City’s Joint Powers Authority Representative
RECOMMENDATION:
Council is asked to ratify the attached resolution approving the Contra Costa County Regional Alternative Compliance (RAC) Joint Powers Authority Agreement and designating Jose Pacheco, Associate Engineer, as the City’s representative and Kennedy & Associates as the City’s alternate.
Staff Report
Attach 1 - Resolution
Attachments:
6. 26-187 Adopt a Resolution authorizing the City Manager to execute a professional service agreement with RSG to administer the Housing Successor Agency Housing Loan Program and Business
Development Loan Program in the amount not to exceed $87,950 RECOMMENDATION:
Staff recommend that the City Council consider adopting a resolution to authorize the City Manager to enter into a professional service agreement with RSG. This agreement will continue to facilitate the administration of the Housing Successor Agency’s Housing Loan Program and the Business Development Loan Program, with an expenditure not to exceed $87,950.
Staff Report
Attach 1 - Resolution
Attach 2 - RSG Proposal
Attachments:
City of Hercules Page 4
4 City Council Meeting Agenda July 28, 2026
7. 26-197 Contract Amendment with BKF Engineers, Inc. in the amount of $51,855 for Construction Management, Inspection and Quality Assurance Testing Services for the Refugio and Foxboro Park Improvements Project
RECOMMENDATION:
Adopt a resolution authorizing the City Manager to execute Contract Amendment No.1 with BKF Engineers, Inc. (BKF) in the amount of $51,855 for the Construction Management, Inspection and Quality Assurance Testing Services for the Refugio and Foxboro Park Improvements Project, including a transfer of $40,855 from the construction contingency to fully fund the amendment, for a total contract amount of $233,925.
Staff Report
Attach 1 - Resolution
Attach 2 - 26-002 BKF Contract Amendment 1
Attach 3 - 26-002 BKF Contract
Attachments:
8. 26-191 Adopt a Resolution Approving the Fiscal Year 2026-2027 Master Salary Schedule Pursuant to the California Public Employees’ Retirement System
RECOMMENDATION:
Approve the Fiscal Year 2026-2027 (“FY 2026-2027”) Master Salary Schedule effective July 5, 2026, pursuant to the California Public Employees' Retirement System (“CalPERS”).
Adoption of the Master Salary Schedule incorporates previously approved compensation adjustments for represented and unrepresented employee groups and ensures compliance with Title 2, California Code of Regulations Section 570.5
Staff Report
Attach 1 - Resolution
Attach 2 - FY 26-27 Master Salary Schedule
Attachments:
City of Hercules Page 5
5 City Council Meeting Agenda July 28, 2026
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 26-200 November 2026 Election for a voter- approved revenue measure RECOMMENDATION:
Adopt an Urgency Ordinance calling for an Election for a voter-approved one cent Transaction and Use (Sales) Tax, and requesting the Contra Costa County Board of Supervisors to direct the Contra Costa County Election Department to conduct the election and to direct the City Attorney to prepare an impartial analysis and to authorize arguments for and against the ballot measure.
Staff Report
Attach 1 - Urgency Ordinance
Exhibit A - Transactions and Use Ordinance
Attachments:
2. 26-193 Adopt a Resolution approving an Assignment and Assumption Agreement by and between Hercules Block Q&R Development Partners LP and IEC RT VI Holdings, LLC to facilitate the sale of The Dylan
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the Interim City Manager to execute a Consent and Agreement to an Assignment and Assumption Agreement of Land Use Agreements and Project Approvals by and between Hercules Block Q&R Development Partners LP, a Delaware limited partnership (“Seller”) and IEC RT VI Holdings, LLC, a Delaware limited liability company (“Purchaser”) (Attachments 2 and 3) to consent to the sale of The Dylan apartment building as required by the Bayfront Implementing Development Agreement.
Staff Report
Attach 1 - Resolution
Attach 2 - Consent and Agreement to Assignment-Assumption Attach 3 - Assignment and Assumption Agreement
Attachments:
3. 26-194 Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference and General Assembly Meeting RECOMMENDATION:
Designate a voting delegate and alternates for the League of California Cities Annual Conference and General Assembly Meeting to be held September 23-25, 2026 in Anaheim, CA.
Staff Report
Attach 1 - 2026 LOCCAC Memo and Guidelines
Attachments:
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6 City Council Meeting Agenda July 28, 2026
XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.
1. Regional Committee
a. Contra Costa Mayors Conference
b. Hercules/ Pinole - WasteWater Management
c. League of Cities
d. Water Emerg. Transportation Authority
e. WCCIWMA
f. WCCTAC
g. West Co. Mayors & Supervisors Assoc. Meeting
h. WestCat
I. MCE
j. CCTA
k. East Bay Wildfire Coalition of Governments
2. City Council Committees and Subcommittees
a. Econ. Dev. Subcommittee
b. Traffic and Public Safety Committee
c. East Bay Economic Development Alliance
3. Commission Liaisons
a. Community & Library Services Commission
b. Finance Commission
c. Planning Commisison
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7 City Council Meeting Agenda July 28, 2026
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, September 8, 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: July 23, 2026)
INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING
COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.
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8 City Council Meeting Agenda July 28, 2026
How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.
Via Zoom: Members of the public may submit a remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782.
Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.
Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8208 no later than 3:00 p.m. on the meeting date.
If you need assistance with public comment, please contact: Eibleis Melendez, City Clerk at [email protected] or by calling (510) 799-8200.
All public comments will become part of the official meeting record. As email containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting.
OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m.
Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.
Video Streamed Live on the City’s Website:
To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.
Instructions to view Live or On-Demand Videos from the City’s website:
1. Go to: Hercules Meeting Videos or https://hercules.legistar.com/calendar.aspx.
2. Locate the desired meeting and date.
3. Click the associated “Video” link (Video status is as follows):
Video = Video is available for on demand viewing.
In Progress = Video is available for viewing during live recording.
Not Available = Video is either unavailable or has not been recorded.
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9 City Council Meeting Agenda July 28, 2026
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 and The Ralph M. Brown Act; if you require special accommodations to participate at a City Council meeting or translation or interpretation assistance, please contact the City Clerk at 510-799-8200 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.
City of Hercules Page 10
10 INTRODUCTIONS/PRESENTATIONS/
COMMISSION REPORTS
AGENDA ITEMS
1. 26-185
11 I-80 Westbound
Carquinez
(Al Zampa)
Bridge Deck
Rehabilitation
Solano/Contra Costa
Counties, Project 04-1Y700
Weekend Closure:
August 21 – 24, 2026
12 Project Location
This project is in Contra Costa
County and Solano County on
Westbound (WB) Interstate – 80.
Between East end of the
Carquinez Bridge (Al Zampa
Memorial) in Vallejo to the WB
Off-Ramp to Pomona Street in
Crockett.
13 Project Need
The Asphalt Concrete is
showing signs of aging and
deteriorating. Which results in
poor ride quality. To prevent
further wear and tear a repave
of the deck needs to be
completed.
14 Project Purpose
The purpose of the project is to
improve the rideability of the
deck surface, prolong the deck
service life, preserve the
structural integrity of the bridge,
and enhance safety for the
traveling public.
15 Project
Scope
• The top layer (1”) of the Asphalt Concrete will be replaced to improve rideability and preserve the structural integrity. • Bridge Deck Length: 3500 ft | Deck Width: 67 ft | 4 Lanes | • Anticipated Hot Mix Asphalt Tonnage: 1550 tons 16 Scheduled Closure
We will close I-80 for one weekend for the
worker safety and safety to the travelling
public and due to long curing times for full
concrete pavement replacement.
Westbound (53-hour weekend)
August 21, Friday (10:00pm) through
August 24, Monday (3:00am)
17 Need for Full Closure
Due to weather and temperature restrictions
• It is recommended that the work needs to be completed in August or September
• Paving works needs to be conducted in the Daytime from 10 AM to 5 PM
• Recommend work be down via a full weekend closure on
Westbound I-80 from Friday 10:00 PM to Monday 3:00
AM.
Benefits of a Full Weekend Closure of the Bridge
• For the safety of public and workers.
• Helps facility the need for overlap in waterproofing repair • Micro-milling and equipment cleaning before each pass • Meaning the paver can be cleaned at the end of
each pass to maintain material temperature
consistency
• Daytime weather is required for paving work due to its significant effect on the cooling of the custom thin
asphalt layer
18 Traffic
Management
Plan
• Regional Changeable Message Sign
(CMS) Deployment
• Detours • Outreach Effort
19 Vallejo On-Ramp
Closures
Westbound (53-hour weekend)
August 21, Friday (10:00pm) through
August 24, Monday (3:00am)
20 Local
Detours
10 Westbound (53-hour
weekend)
August 21, Friday (10:00pm)
21 through August 24, Monday
(3:00am)
Regional
Detour
Westbound (53-hour weekend)
August 21, Friday (10:00pm) through
August 24, Monday (3:00am)
22 Regional CMS
Deployment
Portable Changeable Message Signs
(PCMS) and Changeable Message Signs
(CMS) will be activated 2 weeks prior and
during closure.
23 Outreach
Effort
Caltrans will notify public via: • City Council Meetings • Radio/TV Station News • Paid Media Advertisements • Caltrans Website • Social Media (Instagram, X, and Facebook)
• Press Release/Traffic
Advisories
24 Outreach Effort:
Webpage and
Project Hotline
Hotline Number:
(510) 286-0319
Webpage:
Caltrans Current Project under Solano
Carquinez Bridge | Caltrans
25 Caltrans External Affairs Contacts
Gene Calderon
Legislative Liaison – Solano
[email protected]
Erik B. Aguilar
Legislative Liaison – Contra Costa
[email protected]
Public Information
Bart Ney
Public Affairs Office Chief
[email protected]
(510) 715-7212
DeNise Harding
Public Information Officer – Contra Costa
[email protected]
(279) 234-2175
Sabrina Martinez
Public Information Officer -Solano
[email protected]
(510) 934-5257
Legislative Affairs Liaison
26 Questions & Comments
27 PUBLIC HEARINGS
AGENDA ITEMS
1. 26-199
28 Staff Report to City Council – CUP 26-01 and DRP 26-01 1 July 20, 2026
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director SUBJECT: Conditional Use Permit (CUP 26-01) and Design Review Permit (DRP 26-01) for a Retail Store with Drive-Up Donation Operations at 1551 Sycamore Avenue
RECOMMENDED ACTION:
That the City Council:
1. Request planning staff present the staff report;
2. Open the public hearing;
3. Invite the applicant to make a presentation or statement;
4. Receive comments from the public;
5. Offer the applicant or their consultant team the opportunity to answer questions;
6. Close the public hearing;
7. Request clarification from staff or the applicant on any issues related to the project;
8. Find that the project is categorically exempt from CEQA review pursuant to Class 1 (Existing Facilities), California Code of Regulations, Title 14, Section 15301; and,
9. Consider adoption of a Resolution affirming the Planning Commission decision to approve.
EXECUTIVE SUMMARY:
Conditional Use Permit (CUP) 26-01 and Design Review Permit (DRP) 26-01 were submitted by Goodwill of the San Francisco Bay to utilize the vacant retail space at 1551 Sycamore Avenue as a retail store with drive-up donation operations. The proposal includes interior tenant improvements, a new drive-up donation door, trash compactor and new signage. No expansion of building area, changes to the site plan, or reduction in parking is proposed. Staff finds that the proposed project is categorically exempt from 29 Staff Report to City Council – CUP 26-01 and DRP 26-01 2 July 20, 2026
CEQA review pursuant to Class 1 (Existing Facilities), California Code of Regulations, Title 14, Section 15301 and that the required findings for approval can be made.
PLANNING COMMISSION DECISION:
On July 6, 2026, at their regularly scheduled meeting, the Planning Commission approved Resolution 26-03 (Attachment 4), approving a retail store with drive-up donation operations at 1551 Sycamore Avenue (CUP 26-01 & DRP 26-01) and finding that the project categorically exempt from CEQA. The City Council called this item up at their regularly scheduled meeting on July 14, 2026, citing concerns regarding the donation drop-off area operations and controls.
BACKGROUND
Goodwill of the San Francisco Bay ("Applicant") proposes to occupy the existing, vacant 31,631-square-foot retail building at 1551 Sycamore Avenue in the Creekside Shopping Center, formerly occupied by Big Lots. The project consists of a change of tenancy with interior tenant improvements, a new drive-up donation door at the rear of the building, a trash compactor in the existing loading dock area, and updated signage. No expansion of building area, changes to the site plan, or reduction in parking is proposed.
Retail stores exceeding 2,000 square feet are conditionally permitted in the Community Commercial (CC) district and require a Conditional Use Permit (CUP) approved by the Planning Commission (Hercules Municipal Code (HMC) Table 13-8.1). A Design Review Permit (DRP) has been requested for the proposed signage and exterior modifications (HMC Section 13-8.200(1)). Staff has reviewed the application for compliance with the Hercules General Plan, HMC Chapter 13-8 (Commercial Districts), Chapter 13-34 (Sign Regulations), Chapter 13-42 (Design Review), and Chapter 13-50 (Use Permits), and recommends approval.
Site and Setting
The subject property is a 4.456-acre parcel (Parcel 3 of Parcel Map 477-82) within Creekside Shopping Center, a multi-tenant retail center anchored by Home Depot. The site is fully developed with a one-story, 31,631-square-foot retail building, surface parking, drive aisles, and landscaping, and is designated and zoned Community Commercial (CC). Surrounding uses within the shopping center include general retail, food service, and personal service commercial uses consistent with the CC district. The building most recently operated as a Big Lots retail store under a separate entitlement that has since been abandoned.
30 Staff Report to City Council – CUP 26-01 and DRP 26-01 3 July 20, 2026
Figure 1: Project Aerial View
Source: City GIS 6/10/2026
Entitlement History
On August 28, 2025, the Community Development Director determined that the prior tenant, Big Lots, had abandoned the tenant space, rendering the previously granted use permit for that tenancy abandoned pursuant to HMC Section 13-50.600(4). Notification of this determination was sent to the property owner as required by that section, triggering the applicable appeal period. No appeal was filed, and the abandonment became final; as a result, any new use at the site requires a new use permit, and no prior use permit for retail use with drive-up donation operations exists at this location. 31 Staff Report to City Council – CUP 26-01 and DRP 26-01 4 July 20, 2026
The application for CUP 26-01 / DRP 26-01 was submitted on January 12, 2026. Staff issued a First Review comment letter on February 5, 2026, the Applicant resubmitted on April 28, 2026, and the application was deemed complete on May 20, 2026.
Private Covenants (CC&Rs)
Creekside Shopping Center is subject to recorded private covenants, conditions, and restrictions (CC&Rs) that, among other things, require the consent of certain owners for exterior building changes and signage. The Applicant has obtained written consent from Home Depot for the proposed donation door, tenancy, and signage, which are provided for information only (Attachment 3). The City is not a party to the CC&Rs and does not enforce them; they are private agreements among the property owners within the shopping center. The City’s review of this application is limited to conformance with the General Plan, the Hercules Municipal Code, and the Creekside Master Sign Program
PROJECT DESCRIPTION
Proposed Use and Operations
The Applicant proposes a retail store selling new and used donated items, including clothing, household goods, and furniture. The use falls within the "Retail Stores of more than 2,000 square feet" classification, which is conditionally permitted in the CC district (HMC Section 13-8.400 and Table 13-8.1). No alcoholic beverages would be sold or served. Proposed hours of operation are 9:00 AM to 9:00 PM, Monday through Sunday, with employee shifts beginning at 8:00 AM. Approximately 31 employees would be hired, with a maximum of 14 per shift.
A drive-up Donation Drop-Off Area is proposed at the rear (north side) of the building, accessed through a new 12-foot by 8-foot sliding double door. Key operational commitments proposed by the Applicant include:
• Donations accepted only during business hours; no overnight drop-offs permitted, and no outdoor storage of donations or merchandise at any time. • A dedicated Donation Attendant present during all operating hours to receive donations directly from customer vehicles, with a motion-sensor chime alerting the attendant upon customer arrival.
• 24/7 live-streamed video monitoring of the donation area and an after-hours deterrent speaker system connected to live attendants.
• Tinted doors to screen the back-of-house area from public view. • Vehicle turnover estimated at under one minute, with queuing space for four or more vehicles without encroaching on marked parking spaces or drive aisles. 32 Staff Report to City Council – CUP 26-01 and DRP 26-01 5 July 20, 2026
Scope of Physical Improvements
• Interior work is limited to tenant improvements: ADA-compliant restroom upgrades, repainting, replacement of existing T-8 light fixtures with LED retrofit tubes meeting Title 24, and establishment of a sorting and production area within the existing back-of-house space. The existing ceiling grid and sales floor/back-of-house layout would remain.
• Exterior and site work is limited to: (1) the new rear donation door installed via sawcut opening, with an approximately 5-foot-wide concrete landing and ramp (Sheet C3.0); (2) a new trash compactor and pad in the existing loading dock/truck well area; and pavement markings associated with the donation drop-off area. No changes to building footprint, floor area, setbacks, parking supply, site layout, landscaping, or grading are proposed.
Proposed Signage
The sign program consists of replacement sign faces on the existing primary façade sign and three (3) existing freestanding sign structures, plus three (3) new signs and associated window and warning signs for the donation drop-off area. The proposed signs are summarized below; full specifications are provided in the Signage Package (Attachment 3).
Sign Type Area Description
Sign A – Primary façade
sign (south elevation)
Replacement 154.17 SF Halo-lit reverse pan
channel aluminum letters
and logo on Deep Brown
background panel
Freeway pylon sign Replacement
faces
Existing
structure
New faces within existing
cabinet; Goodwill copy
West entrance monument
(Entry Sign B)
Replacement
faces
Existing
structure
New faces within existing
cabinet; Goodwill copy
Southeast entrance
monument (Entry Sign C)
Replacement
faces
Existing
structure
New panels within existing
structure; Goodwill copy
Sign B – Wall sign (south
elevation)
New 33.92 SF "Donation Drop Off /
Around Back" directional
copy; halo-lit aluminum
letters on Deep Brown
panel
33 Staff Report to City Council – CUP 26-01 and DRP 26-01 6 July 20, 2026
Sign Type Area Description
Sign C – Wall sign (north
elevation)
New 28 SF "Donation Drop Off"
informational sign above
new donation door
West entrance
freestanding directional
sign
New 3.9 SF Single-sided groundmounted sign with
Goodwill logo, "Donation
Drop Off" copy, and arrow
Misc. safety and warning
signs
New To be
determined
Safety and warning signs
do not require a permit and
must comply with HMC
Sec. 13-34.500 and the
Creekside MSP
Figure 2: Primary Façade Sign
Source: Goodwill Sign Exhibit
Proposed Operational Characteristics
The proposed Donation Drop-Off Area would be located at the rear of the building and accessed through the proposed new 12’ × 8’ sliding double door. A dedicated Donation Attendant would be present during all hours of operation to receive donations directly from customer vehicles. Key proposed operational elements include:
Donations would be accepted only during business hours (9:00 AM – 9:00 PM, Monday through Sunday); no overnight drop-offs would be permitted. 34 Staff Report to City Council – CUP 26-01 and DRP 26-01 7 July 20, 2026
24/7 video monitoring with live-streamed surveillance of the donation area would be provided.
An after-hours deterrent speaker system connected to live attendants would be installed.
The proposed sliding doors would be tinted to prevent public visibility into the backof-house area. A motion-sensor/chime at the donation door would alert the Donation Attendant upon customer arrival.
No external storage of donations or merchandise would be permitted at any time. Vehicle queuing turnover is estimated at under one minute; space for four or more queuing vehicles would be available without impacting marked parking spaces or drive aisles.
Figure 3: Donation Drop-off Circulation Plan
Source: Project Plans
35 Staff Report to City Council – CUP 26-01 and DRP 26-01 8 July 20, 2026
Parking
The Goodwill project does not propose to remove, reconfigure, or reduce any parking spaces within the Creekside Shopping Center. The proposed use is a general retail tenancy occupying an existing building footprint, comparable in type and intensity to the prior Big Lots store. No increase in parking demand beyond what the prior tenancy generated is anticipated. The donation drop-off vehicle queuing is proposed to be accommodated at the rear of the building without impacting marked parking spaces or drive aisles.
ANALYSIS
General Plan Consistency
The site is designated Community Commercial (CC) in the General Plan Land Use Element, which is intended to accommodate retail, office, and service uses serving residents and employees within the City. The proposed retail use is consistent with the following applicable objectives and policies:
Objective 2 / Policy 2A (balanced commercial development within designated intensity ranges). The proposed use would occupy an existing building within a CCdesignated commercial center with no increase in building area or intensity. The project floor area ratio remains within the CC gross intensity range of 0.20 to 1.00.
Objective 2 / Policy 2B (provide a variety of shopping and service opportunities that reduce the need for residents to leave the community). The store would provide residents an additional retail option offering new and used goods at accessible price points, expanding the range of goods available locally.
Objective 13 / Policy 13A (attain compatible land uses that minimize adverse impacts). The use would occupy an established commercial building within a fully developed shopping center with no new building mass or intensification. The Applicant’s operational plan, controlled donation hours, full-time attendant coverage, video monitoring, and a prohibition on outdoor storage minimize potential impacts on adjoining commercial tenants.
The proposed use is therefore consistent with the CC land use designation and the applicable General Plan objectives and policies.
Zoning Consistency – Community Commercial District (HMC Chapter 13-8) Per HMC Table 13-8.1, retail stores of 2,000 square feet or less require an Administrative Use Permit (AUP), while retail stores exceeding 2,000 square feet require a Conditional Use Permit (CUP). At 31,631 square feet, the proposed store requires a CUP. The application was filed concurrently with a Design Review Permit as required by HMC Section 13-8.200(1). The project does not trigger planned development plan requirements under HMC Section 13-8.200(2) because the site is less than 10 acres. No changes to 36 Staff Report to City Council – CUP 26-01 and DRP 26-01 9 July 20, 2026
building footprint, floor area, setbacks, or parking are proposed, and all property development standards of HMC Chapter 13-8 and Table 13-8.2 would be maintained.
Parking (HMC Chapter 13-32)
HMC Table 13-32.1 requires shopping centers of 100,000 to 500,000 square feet to provide 4.5 spaces per 1,000 square feet of gross leasable area. Creekside Shopping Center was originally approved with 834 parking spaces. Subsequent approvals on the site including a Bloom Energy fuel cell installation, Home Depot’s conversion of existing parking spaces to non-parking uses, and the America’s Tire use reduced the original parking count to 709 parking spaces, with a Parking Exception pursuant to HMC 13-
32.500
A 2007 citywide parking management study by Carl Walker, Inc. found that a total of 287 parking spaces were utilized out of the 834 total parking spaces, which resulted in a 34.4 percent utilization rate, leaving a 464 parking spaces as surplus. Approved projects over time have reduced the “extra” parking space count to 709, or an approximate 40.5 percent utilization rate.
The proposed project is not designed to remove, reconfigure, or reduce on-site parking.
The use is a general retail tenancy comparable in type and intensity to the prior Big Lots store, so no increase in parking demand is anticipated, and donation drop-off queuing is accommodated at the rear of the building without affecting marked spaces or drive aisles.
The project is therefore consistent with the approved parking exception for the site.
Conditional Use Permit Findings (HMC §13-50.300)
Per HMC Section 13-50.300, a conditional use permit may be granted only if all of the following findings are made. Staff’s analysis supporting each finding is set forth below:
Finding 1 - HMC §13-50.300(1): "That the proposed use is consistent with the General Plan."
As discussed under General Plan Consistency above, the proposed retail use is consistent with the Community Commercial land use designation and with Objective 2 (Policies 2A and 2B) and Objective 13 (Policy 13A). The site has long operated as general retail commercial, and the proposed use continues that established character within a fully built-out, CC-designated shopping center. The finding can be made.
Finding 2 - HMC §13-50.300(2): "That the proposed location of the use conforms with the purposes of the Zoning Ordinance and the purposes of the district in which the site is located and will comply with the applicable provisions of the Zoning Ordinance." The CC district is intended to accommodate retail, office, and service uses serving city residents and employees, and general retail is a core conditionally permitted use type in the district. The project complies with the applicable provisions of the Zoning Ordinance:
no changes to building footprint, floor area, setbacks, parking, or landscaping are proposed; the Design Review Permit was filed concurrently as required by HMC Section 13-8.200(1); and signage has been analyzed under HMC Chapter 13-34 as addressed 37 Staff Report to City Council – CUP 26-01 and DRP 26-01 10 July 20, 2026
below. Subject to the Conditions of Approval, the use complies with all applicable provisions of the Zoning Ordinance. The finding can be made.
Finding 3 - HMC §13-50.300(3): "That the location, size, design and operating characteristics of the proposed use will be compatible in design, scale, coverage and density with existing and anticipated adjacent uses."
The proposed use occupies an existing retail building of unchanged size and scale within an established multi-tenant commercial center; adjacent uses are general retail, food service, and personal service commercial uses of similar character. The drive-up donation operation, the only operating characteristic that differs from a typical retail tenancy, is located at the rear of the building and is governed by operational measures including attendant coverage during all operating hours, a prohibition on overnight drop-offs and outdoor storage, video surveillance, and an after-hours deterrent system. These measures ensure the use will not impair the integrity or character of the shopping center or surrounding CC-zoned properties. The new trash compactor at the rear of the building, discussed in further detail under Design Review Finding 4 below, is similarly compatible with adjacent uses, as it is located within the existing loading dock area that has historically served this operational function for the shopping center. The finding can be made.
Finding 4 - HMC §13-50.300(4): "There is adequate access, traffic, public utility, and public service capacity for the proposed use and surrounding existing and anticipated uses."
The site is fully improved with existing access drives, surface parking, and utility connections that served the prior retail tenancy. Traffic generation would be comparable to the former Big Lots store, as no floor area is added and the use classification is the same. The donation drop-off area is separated from primary pedestrian and customer parking areas by the building mass and existing drive aisle configuration, with queuing capacity for four (4) or more vehicles that does not encroach on marked parking or drive aisles. Existing public streets, water, sewer, and dry utilities are adequate to serve the use. The finding can be made.
Finding 5 - HMC §13-50.300(5): "There are no potential, significant adverse environmental impacts that could not be feasibly mitigated and monitored." The project is a change of tenancy within an existing building on a fully developed commercial parcel, with minor physical improvements and no expansion of use or intensity. As discussed under Environmental Review below, the project is categorically exempt from CEQA as a Class 1 (Existing Facilities) project, and no unusual circumstances or exceptions to the exemption apply. No significant adverse environmental impacts would result. The finding can be made.
Sign Program Analysis (HMC Chapter 13-34 and Creekside Master Sign Program) Wall Signs (Signs A, B, and C)
38 Staff Report to City Council – CUP 26-01 and DRP 26-01 11 July 20, 2026
Per HMC Section 13-34.302(3)(A), and the Creekside Master Sign Program, wallmounted signs in nonresidential districts are allowed at a rate of one (1) square foot of sign area per lineal foot of tenant storefront. The proposed wall signage consists of three (3) signs: the primary facade sign (Sign A, 154.17 SF) and new directional sign (Sign B,
33.92 SF), both on the south (front) elevation, and secondary rear facade sign (Sign C, 28 SF) on the north (rear) elevation above the new donation drop-off door.
Secondary customer-facing storefronts.
Staff finds that the Goodwill retail operation presents two (2) distinct customer-facing storefronts and that both qualify as “tenant storefront” for purposes of the wall-sign allowance under HMC Section 13-34.302(3)(A). The south elevation is the primary retail storefront, containing the main customer entrance to the sales floor. The north elevation functions as a second, dedicated customer storefront for the donation drop-off operation.
Customers drive up to the rear of the building, are received directly by a dedicated Donation Attendant during all hours of operation, and complete their donation transaction at a public-facing entry served by the new 12-foot by 8-foot sliding door and identified by the Sign C “Donation Drop Off” sign (See Figure 4).
The term “storefront” in HMC Section 13-34.302(3)(A) is not defined to be limited to the elevation containing the primary sales entrance, and it is most reasonably read to mean the customer-facing building frontage or frontages at which the tenant receives and serves the public. The purpose of a frontage-based sign allowance is to scale permitted signage to the extent of a tenant’s public building exposure; that purpose supports counting both customer-facing elevations here, because the project genuinely orients customer activity to, and requires wayfinding signage on, both faces of the building.
Figure 4: Example Drop Off Sign
Source: Goodwill Sign Exhibit
39 Staff Report to City Council – CUP 26-01 and DRP 26-01 12 July 20, 2026
Resulting sign allowance.
The south elevation provides 191.5 linear feet of primary retail storefront, and the rear customer-serving area, which consists of the new paved and striped customer queuing area and the donation drop-off door, measures approximately 35 linear feet (See Figure 5). Counting both customer-serving frontages, the tenant's qualifying storefront frontage totals approximately 226.5 linear feet (191.5 + 35), yielding a combined wall-sign allowance of approximately 226.5 square feet, against which the proposed 216.09 square feet of total wall signage conforms.
The proposed signage also conforms when each storefront is evaluated independently:
the south-elevation signs (Sign A at 154.17 SF plus Sign B at 33.92 SF, totaling 188.09 SF) are within the 191.5-square-foot allowance generated by the south frontage, and the single north-elevation sign (Sign C at 28 SF) is within the 35-square-foot allowance generated by the approximately 35-linear-foot customer-serving rear frontage. On this basis, neither individual elevation nor the sign program as a whole exceeds the frontagebased standard of HMC Section 13-34.302(3)(A).
Figure 5: Rear Donation Area
Source: Project Plans
35 by 5-foot donation drop-off area
40 Staff Report to City Council – CUP 26-01 and DRP 26-01 13 July 20, 2026
Freestanding Sign Face Replacements
Replacement faces are proposed within the three existing freestanding sign structures (freeway pylon, west entrance monument, and southeast entrance monument). No new sign structures and no changes to structure height or area are proposed; the work is limited to new faces within existing cabinets per HMC Section 13-34.200. The Creekside Master Sign Program (General Rule 7) requires evidence of the Lessor’s approval of proposed sign design and locations, which is documented in the consent letter in Attachment 3. The replacements are consistent with the Master Sign Program.
Freestanding Directional Sign
One new single-sided, ground-mounted directional sign (approximately 4 square feet, 34 inches wide by 36 inches tall overall) is proposed within the median of the shopping center’s west entrance drive, displaying the Goodwill logo and "Donation Drop Off" copy with an arrow.
Public Information, Safety and Warning Signage
The proposed asphalt directional markings for the donation drop-off queuing area and safety and warning signs near the new employee-only automatic sliding door on the rear elevation, are exempt from sign permits under HMC 13-34.500 (7) and (8).
Design Review Findings (HMC §13-42.500)
Finding 1 - HMC §13-42.500(1): “The approval of the design review plan is in compliance with all provisions of this Chapter, pertinent provisions of Zoning Ordinance and applicable zoning and land use regulations, including but not limited to the Hercules General Plan as amended and any specific plan.”
All proposed signs have been reviewed for compliance with HMC Chapter 13-34 and the Creekside Master Sign Program as addressed above. As discussed in the Sign Program Analysis, the building presents two (2) customer-facing storefronts: the primary retail storefront on the south elevation and a dedicated donation drop-off storefront on the north elevation. Counting both customer-facing frontages as tenant storefront under HMC Section 13-34.302(3)(A), the proposed 216.09 SF of combined wall signage is within the resulting frontage-based allowance, and the signage on each elevation is independently within the allowance generated by that elevation’s own frontage.
The only exterior building modification, the new 12-foot by 8-foot donation drop-off door and associated concrete landing and ramp at the rear (north) elevation, is a minor alteration that does not change the building footprint, intrude into any required setback, or alter the building's street-facing elevations design characteristics, and complies with the development standards of HMC. The finding can be made.
Finding 2 - HMC §13-42.500(2): “The approval of the design review plan is in the best interests of the public health, safety, and general welfare.” The proposed improvements are limited to interior alterations, one new rear door with landing and ramp, a trash compactor in the existing loading area, and replacement and 41 Staff Report to City Council – CUP 26-01 and DRP 26-01 14 July 20, 2026
new signage. No new building mass is proposed, and the project would not create adverse impacts on public health, safety, or welfare. The finding can be made.
Finding 3 - HMC §13-42.500(3): “General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development.” No changes to site layout, parking, access, circulation, or setbacks are proposed. The existing site configuration adequately accommodates the proposed use, including the donation drop-off operation and associated vehicle queuing at the rear of the building.
The finding can be made.
Finding 4 - HMC §13-42.500(4): “General architectural considerations, including the character, scale, and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing, and similar elements are consistent with applicable design standards.”
The proposed signage uses high-quality materials: halo-lit reverse pan channel brushed aluminum letters on Deep Brown background panels, consistent across all signs and compatible with the shopping center’s established character. Freestanding sign work is limited to replacement faces within existing structures and one new freestanding directional sign with commercial messaging.
Figure 6: Example Photo of Goodwill Loading Dock Area
Source: Applicant Photo
42 Staff Report to City Council – CUP 26-01 and DRP 26-01 15 July 20, 2026
A new trash compactor is proposed within one bay of the existing loading dock at the rear of the building; the second loading dock bay will remain open for deliveries. The approximately 8.5-foot-high compactor will be installed on a steel support frame and will be partially screened from the rear parking lot area by an existing wall. No additional screening is proposed, in order to preserve unobstructed operational access to the loading dock. As shown in Figure 6, the compactor will be further screened from view whenever a delivery trailer is parked in the adjacent bay. The rear elevation of the building has functioned as the shopping center’s service area since the center’s original development, as reflected in the 1982 approved development and building plans for the Lucky’s store, which show the loading dock in this location, and the rear elevation continues to serve this function today, as it is also where the other commercial tenants in the shopping center receive deliveries, store refuse, and locate utility equipment. The proposed compactor is therefore consistent with the long-established character and operational function of this elevation. The finding can be made.
Finding 5 - HMC §13-42.500(5): “General landscape considerations, including the location, type, size, color, texture and coverage of plant materials at the time of planting and after a 5-year growth period, provision for irrigation, maintenance and protection of landscaped areas and similar elements are consistent with applicable design standards.” No changes to landscaping are proposed, and existing landscaping would be maintained.
The finding can be made.
ENVIRONMENTAL REVIEW:
The project proposes a change of occupancy within an existing commercial building with minor interior improvements, replacement of sign faces on three (3) existing monument sign structures, two (2) new wall-mounted informational sign, one (1) new freestanding directional sign, and the addition of one (1) new door and a compactor pad. No ground disturbance beyond minor concrete work and sign post footings are proposed, no new building area would be added, and the proposed use is consistent in type and intensity with the prior retail use of the building.
The project is categorically exempt from CEQA pursuant to Class 1 (Existing Facilities), California Code of Regulations, Title 14, Section 15301, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures involving negligible or no expansion of existing or former use. The project involves the minor alteration of an existing commercial building with no expansion of use. No unusual circumstances exist that would remove the project from this exemption, and none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply. The Class 1 categorical exemption is appropriate for this project. 43 Staff Report to City Council – CUP 26-01 and DRP 26-01 16 July 20, 2026
FISCAL IMPACT:
There are no direct fiscal impacts associated with this item.
ATTACHMENTS:
Attachment 1 – Draft Resolution of Approval (CUP 26-01 / DRP 26-01) Exhibit A – Conditions of Approval
Exhibit B – Project Exhibits
Attachment 2 – Conditions of Approval
Attachment 3 – Project Exhibits:
Aerial Site Map
Circulation Plan
Project Description
Signage Package
Project Plans
Home Depot Consent Letter
Creekside Master Sign Program
Attachment 4 – Planning Commission Resolution 26-03
Attachment 5 – Property Owner Letter to City Council
Staff Presentation
Applicant Presentation
44 Draft City Council Resolution 26-XX Page 1 of 7
HERCULES CITY COUNCIL
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING CONDITIONAL USE PERMIT #26-01 AND DESIGN REVIEW PERMIT #26-01 FOR A RETAIL STORE WITH DRIVE-UP DONATION OPERATIONS AT 1551 SYCAMORE AVENUE (APN: 406-140-003-4), HERCULES, CALIFORNIA, WITHIN THE
COMMUNITY COMMERCIAL (CC) ZONING DISTRICT, AND FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA)
WHEREAS, at its regular meeting of July 6, 2026, the Planning Commission of the City of Hercules approved Conditional Use Permit #26-01 and Design Review Permit #26- 01 (Application CUP 26-01 / DRP 26-01); and
WHEREAS, on July 14, 2026, in accordance with Hercules Municipal Code Section 13-44.500 and the Hercules Zoning Ordinance, the City Council called up the subject project for review, specifying concerns regarding the donation drop-off area operations and controls, and now, having received the staff report and heard public testimony and applicant responses, is prepared to make its determination; and WHEREAS, pursuant to CEQA (Public Resources Code Section 21000 et seq.) and the CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.), the project is categorically exempt from environmental review under Class 1 (Existing Facilities), California Code of Regulations, Title 14, Section 15301, because it involves the minor alteration of an existing commercial building with negligible or no expansion of use, and none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply; and WHEREAS, the City provided notice of the public hearing in accordance with the Hercules Municipal Code and Government Code Section 65090 et seq.; and WHEREAS, based on the facts and evidence set forth in the entire record for this proceeding, including but not limited to the staff report prepared for this project, the City Council finds, after due study, deliberation, and public hearing, that all required findings for issuance of a Conditional Use Permit and Design Review Permit can be made so long as the conditions of approval are met; and
WHEREAS, in accordance with the Conditional Use Permit findings required by Hercules Municipal Code Section 13-50.300, the City Council affirms the Planning Commission's findings that:
1. The proposed use is consistent with the General Plan (HMC §13-50.300(1)).
The proposed retail use is consistent with the Community Commercial (CC) land use designation and with Land Use Element Objective 2 (Policies 2A and 2B) and Objective 13 (Policy 13A). The site has long operated as general retail commercial, and the proposed use continues that established character within a fully built-out, CC-designated shopping center.
45 Draft City Council Resolution 26-XX Page 2 of 7
2. The proposed location of the use conforms with the purposes of the Zoning Ordinance and of the CC district, and the use will comply with the applicable provisions of the Zoning Ordinance (HMC §13-50.300(2)). The CC district is intended to accommodate retail, office, and service uses serving City residents and employees, and general retail is a type of use that is conditionally permitted in the district. No changes to building footprint, floor area, setbacks, parking, or landscaping are proposed; the Design Review Permit was filed concurrently as required by HMC Section 13-8.200(1); and signage has been analyzed under HMC Chapter 13-34, with the authority under HMC Section 13-34.103(1) applied to the combined wall sign area. Subject to the Conditions of Approval, the use complies with all applicable provisions of the Zoning Ordinance.
3. The location, size, design, and operating characteristics of the proposed use are compatible in design, scale, coverage, and density with existing and anticipated adjacent uses (HMC §13-50.300(3)). The use occupies an existing retail building of unchanged size and scale within an established multi-tenant commercial center, and adjacent uses are general retail, food service, and personal service commercial uses of similar character. The drive-up donation operation is located at the rear of the building, screened from the primary retail frontage, and governed by attendant coverage during all operating hours, a prohibition on overnight drop-offs and outdoor storage, video surveillance, and an after-hours deterrent system.
4. There is adequate access, traffic, public utility, and public service capacity for the proposed use and surrounding existing and anticipated uses (HMC §13-50.300(4)). The site is fully improved with existing access drives, surface parking, and utility connections that served the prior retail tenancy. Traffic generation would be comparable to the former Big Lots store, as no floor area is added and the use classification is the same. The donation drop-off area is separated from primary pedestrian and customer parking areas by the building mass and existing drive aisle configuration, with queuing capacity for four (4) or more vehicles that does not encroach on marked parking or drive aisles. Existing public streets, water, sewer, and dry utilities are adequate to serve the use.
5. There are no potential significant adverse environmental impacts that could not be feasibly mitigated and monitored (HMC §13-50.300(5)). The project is a change of tenancy within an existing building on a fully developed commercial parcel, with minor physical improvements and no expansion of use or intensity. As discussed under Environmental Review below, the project is categorically exempt from CEQA as a Class 1 (Existing Facilities) project, and no unusual circumstances or exceptions to the exemption apply. No significant adverse environmental impacts would result, and
WHEREAS, the City Council specifically finds that the Conditions of Approval directly address the Council's call-up concerns regarding donation drop-off area operations and controls:
46 Draft City Council Resolution 26-XX Page 3 of 7
Hours Limitation: Condition No. 3 restricts donations and public-facing operations to 9:00 AM to 9:00 PM, Monday through Sunday, preventing problematic late-night or early-morning activity at the rear of the building;
Attendant Supervision: Condition No. 4 requires a dedicated Donation Attendant present during all operating hours to receive donations directly from customer vehicles, ensuring professional oversight and control of all donation transactions; No Unsupervised Donations: Condition No. 4 prohibits unsupervised donation bins and exterior storage of donations at any time, and requires removal within one hour of store opening if any items are left overnight, eliminating the risk of accumulated donations, refuse, or nuisance conditions;
After-Hours Monitoring: Condition Nos. 5 and 6 require 24/7 video security monitoring and after-hours deterrent measures to discourage off-hours donations and ensure the facility remains secure and orderly when staff is not present; No Outdoor Storage: Condition No. 7 categorically prohibits merchandise, donated goods, trash, or equipment storage or display on the exterior of the building or in parking and drive aisles at any time, except donations during operating hours at the drive-up door;
Refuse Management: Condition Nos. 11 and 12 require the trash compactor and loading dock to be maintained in clean and sanitary condition in compliance with solid waste regulations, and require a refuse collection plan developed with the refuse collection provider; and
WHEREAS, in accordance with the Design Review Permit findings required by Hercules Municipal Code Section 13-42.500, the City Council affirms the Planning Commission's findings that:
1. The design review plan complies with all provisions of HMC Chapter 13-42, the Zoning Ordinance, and applicable zoning and land use regulations, including the Hercules General Plan (HMC §13-42.500(1)). All proposed signs have been reviewed for compliance with HMC Chapter 13-34 and the Creekside Master Sign Program as addressed above. As discussed in the Sign Program Analysis, the building presents two (2) customer-facing storefronts: the primary retail storefront on the south elevation and a dedicated donation drop-off storefront on the north elevation. Counting both customer-facing frontages as tenant storefront under HMC Section 13-34.302(3)(A), the proposed 216.09 SF of combined wall signage is within the resulting frontage-based allowance, and the signage on each elevation is independently within the allowance generated by that elevation’s own frontage.
The only exterior building modification, the new 12-foot by 8-foot donation drop-off door and associated concrete landing and ramp at the rear (north) elevation, is a minor alteration that does not change the building footprint, intrude into any required setback, or alter the building's street-facing elevations design 47 Draft City Council Resolution 26-XX Page 4 of 7
characteristics, and complies with the development standards of HMC. The finding can be made..
2. The design review plan is in the best interests of the public health, safety, and general welfare (HMC §13-42.500(2)). The proposed improvements are limited to interior alterations, one new rear door with landing and ramp, a trash compactor in the existing loading area, and replacement and new signage. No new building mass is proposed, and the project would not create adverse impacts on public health, safety, or welfare.
3. General site considerations have been designed to provide a desirable environment for the development (HMC §13-42.500(3)). No changes to site layout, parking, access, or setbacks are proposed. The existing site configuration adequately accommodates the proposed use, including the donation drop-off operation and associated vehicle queuing at the rear of the building.
4. General architectural considerations are consistent with applicable design standards (HMC §13-42.500(4)). The proposed signage uses high-quality materials: halo-lit reverse pan channel brushed aluminum letters on Deep Brown background panels, consistent across all signs and compatible with the shopping center’s established character. Freestanding sign work is limited to replacement faces within existing structures and one new freestanding directional sign with commercial messaging.
A new trash compactor is proposed within one bay of the existing loading dock at the rear of the building; the second loading dock bay will remain open for deliveries.
The approximately 8.5-foot-high compactor will be installed on a steel support frame and will be partially screened from the rear parking lot area by an existing wall. No additional screening is proposed, in order to preserve unobstructed operational access to the loading dock. As shown in the staff report, the compactor will be further screened from view whenever a delivery trailer is parked in the adjacent bay. The rear elevation of the building has functioned as the shopping center’s service area since the center’s original development, as reflected in the 1982 approved development and building plans for the Lucky’s store, which show the loading dock in this location, and the rear elevation continues to serve this function today, as it is also where the other commercial tenants in the shopping center receive deliveries, store refuse, and locate utility equipment. The proposed compactor is therefore consistent with the long-established character and operational function of this elevation
5. General landscape considerations are consistent with applicable design standards (HMC §13-42.500(5)). No changes to landscaping are proposed, and existing landscaping would be maintained; and
WHEREAS, the City Council finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work at or visit this development.
48 Draft City Council Resolution 26-XX Page 5 of 7
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hercules finds that the above recitals are true and correct and are incorporated herein as findings.
BE IT FURTHER RESOLVED that the City Council of the City of Hercules hereby determines that the project is Categorically Exempt from CEQA pursuant to Class 1 (Existing Facilities), California Code of Regulations, Title 14, Section 15301, and hereby approves Conditional Use Permit No. CUP 26-01 and Design Review Permit No. DRP 26-01, authorizing the operation of a retail store with drive-up donation operations by Goodwill of the San Francisco Bay at 1551 Sycamore Avenue within Creekside Shopping Center, subject to the Conditions of Approval (Exhibit A).
BE IT FURTHER RESOLVED that the City Council of the City of Hercules hereby approves Conditional Use Permit #26-01 and Design Review Permit #26-01 (Application CUP 26-01 / DRP 26-01) subject to the Conditions of Approval attached hereto as Exhibit A and incorporated herein, and as described and depicted on Exhibit B incorporated herein.
PASSED AND ADOPTED by the City Council of the City of Hercules on this 28th day of July 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
Exhibit A – Conditions of Approval
Exhibit B – 1551 Sycamore Avenue Project Exhibits (CUP 26-01 / DRP 26-01) 49 Draft City Council Resolution 26-XX Page 6 of 7
Exhibit A – Conditions of Approval
50 Draft City Council Resolution 26-XX Page 7 of 7
Exhibit B – 1551 Sycamore Avenue Project Exhibits (CUP26-01 / DRP26-01) 51 Exhibit A – Draft Conditions of Approval
Planning Division
1. Project Approval. This Conditional Use Permit (CUP 26-01) and Design Review Permit (DRP 26-01) authorize the operation of a general retail store with drive-up donation operations by Goodwill of the San Francisco Bay at 1551 Sycamore Avenue within Creekside Shopping Center. Any change of use, expansion of floor area, or material modification to operations not described in the approved project description shall require prior Planning Division review and may require a permit amendment.
2. Project Plans. Development and operation shall be in substantial conformance with the plans and materials submitted as part of Application CUP 26-01 / DRP 26- 01 (Exhibit B hereto), as approved and as modified by these Conditions of Approval. Minor modifications may be approved by the Community Development Director; significant changes shall require a permit amendment.
3. Hours of Operation. The retail store and donation drop-off operations shall be limited to 9:00 AM to 9:00 PM, Monday through Sunday. Employees may arrive beginning at 8:00 AM for store preparation. No public-facing operations or donation acceptance shall occur outside approved hours.
4. Donation Operations. A dedicated Donation Attendant shall be present at the donation drop-off area during all hours of operation. All donations shall be accepted directly from customer vehicles. No unsupervised donation bins or exterior storage of donated items shall be permitted at any time. Items left outside after hours shall be removed from the exterior of the building within one (1) hour of store opening each day.
5. Non-business Hours Donation. Donations left at the donation drop-off area during non-business hours shall be addressed in accordance with the operational commitments described in the project description for Application CUP 26-01 / DRP 26-01, including video monitoring, after-hours deterrent measures, and nextmorning removal of any items left overnight.
6. Cameras. Goodwill of the San Francisco Bay shall install and maintain video security equipment to discourage off-hours donations.
7. No Outdoor Storage. No merchandise, donated goods, trash, or equipment shall be stored or displayed on the exterior of the building or in the parking lot or drive aisles at any time, except for donation handoff at the drive-up door during operating hours.
8. Signage. All signs shall be installed in conformance with the approved signage package (DRP 26-01) and in compliance with the Creekside Master Sign Program.
Any new or modified signage not included in the approved package shall require a separate Administrative Design Review Permit.
9. Temporary Signage. Pursuant to HMC 13-34.500(6), temporary signs include but are not limited to those for special, promotional, or seasonal events. Examples of 52 temporary signs include but are not limited to banners, pennants, wind socks, posters, or flags. Temporary signs shall be limited to two (2), not exceeding 36 square feet in combined area or exceeding 40 percent of the length of the building elevation on which they are displayed. Temporary signs shall be removed at the conclusion of the authorized display period and the applicant shall notify the Community Development Director of the installation and removal dates consistent with HMC 13-34.500(6).
10.Parking. No changes to the existing parking supply or layout within the shopping center are authorized under this permit. Existing parking shall remain available to all shopping center tenants and customers.
11.Trash and Compactor. The trash compactor shall be installed, operated, and maintained as described in the project description for Application CUP 26-01 / DRP 26-01, and the compactor area and loading dock shall be maintained in a clean and sanitary condition at all times in compliance with applicable solid waste and vector control requirements.
12.Refuse/Trash Collection. A refuse collection plan shall be formulated, working with the refuse collection provider, Republic Services, to provide for an efficient and effective trash/refuse collection system.
13.Business License. Prior to commencing operations, the Applicant shall obtain a Business License from the Finance Department of the City of Hercules.
14.Indemnification. Applicant agrees as a condition of approval to indemnify the City, its agents, officers, and employees and to defend at developer’s own expense against and from any claim, action, or proceeding brought within the time period provided for in Section 66499.37 of the Government Code to attack, set aside, void, or annul the approval of this resolution. City shall promptly notify developer of such claim, action, or proceeding of which City receives notice, and City will fully cooperate with developer in the defense therefor. Developer/applicant shall reimburse the City for any court costs and attorney’s fees which the City may be required to pay as a result of any such action. City may, in its sole discretion, participate in the defense of any such claim, action, or proceeding, but such participation shall not relieve the developer of the obligations of this condition.
15.Permit Expiration. This Conditional Use Permit shall expire one (1) year from the date of the approving Resolution if the authorized use has not commenced, unless an extension is granted by the Community Development Director prior to expiration upon written request by the Applicant.
16.Building Permit Required. Applicant shall obtain a building permit for the construction, which shall comply with all pertinent California Building Codes and Standards adopted by the City of Hercules.
Contra Costa County Fire Protection District
17.Fire Plan Review. Tenant improvements of the existing commercial building require review and permit approval through the Contra Costa County Fire 53 Protection District (CCCFPD) prior to issuance of a building permit. The Applicant shall contact CCCFPD early in the process.
Public Works Department
18.Stormwater. If the total new impervious surface area (concrete landing, compactor pad, and sign post footings) triggers C.3 thresholds under the current Municipal Regional Permit, the Applicant shall submit a Stormwater Control Plan to the Public Works Department for review and approval prior to building permit issuance.
19.Encroachment. Any work within the public right-of-way shall require an encroachment permit from the Public Works Department prior to commencement of work.
54 PREMISES
Aerial Site Map
55 Aerial Donation Pathway
DONATION DROP OFF AREA
GOODWILL LOADING/COMPACTOR
56 Circulation Plan
57 Donation Drop O\ Area (05 – New door installation and landing)
22.82'
01 PROPERTY LINE
02 04 03
DROP-OFF
DONATION
MECHANICAL
ROOM
PRODUCTION
ROOM
LOUNGE
MANAGER'S
OFFICE
STORAGE
STORAGE
IT
JAN.
SALES
[103 PM 21]
PARCEL 3
4.456± ACRES
N 84°55'00" E 214.00'
N 05°05'00" W 98.16'
N 05°05'00" W 225.73'
N 84°55'00" E 101.13'
N 05°05'00" W 140.75'
N 79°50'00" E
24.09'
1551 SYCAMORE AVENUE
EXISTING ONE STORY BUILDING
05 PROPOSED GOODWILL SITE
P:\SNR\25\6024\00\Civil\CAD\Sheets\CD\SNR25-6024_Grading Plan.dwg 12/09/2025 10:23 AM SYOWAKIM 1:1 C2.0
SITE / GRADING PLAN
0 SCALE: 1" =
5 10 20
10'
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT OF ANY WORK. CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT SHEET DESIGNED: PA / PM: JOB NO.:
NO. DATE REMARKS
Sheet of
OF WARE MALCOMB
FOR AND ON BEHALF
PLOT DATE:DATE:
suite 300
4683 chabot dr
pleasanton, ca 94588
p 925.244.9620
waremalcomb.com
C I V I L E N G I N E E R I N G
SITE IMPROVEMENTS
GOODWILL HERCULES
1551 SYCAMORE AVENUE
HERCULES, CA
SNR25-6024
SY
MM
DEC. 02, 2025
NOT FOR CONSTRUCTION12/09/25
REGISTERED PROFESS OI NAL E GN NI REE
C I V I L
STA TE OF CA LIFORNIA
No. 43696 M I CHA EL G. MUR YHP
CONSTRUCTION NOTES
STANLEY SLIDING DOOR
PROPOSED 4' WIDE CONCRETE LANDING FOR
CAR STACKING AREA
DROP OFF AREA
OTHERSSTEEL SUPPORT STRUCTURE PROVIDED BYOTHERS. COMPACTOR TO BE INSTALLED ON
PROPOSED TRASH COMPACTOR AND RAMP BY
TRUCK TURN TO EXISTING DOCK AREA
0504030201
58 Project Description – 1551 Sycamore Avenue, Hercules, CA Goodwill is seeking approval to occupy an existing 31,631 SF retail building at 1551 Sycamore Avenue within an existing shopping center located within the Community Commercial (CC) zoned district (See Exhibit A).
No additional square footage will be added to the Premises. The use is defined as the operation of a retail store selling new and used donated items such as clothing, household items, furniture and other general retail items such as those listed in the definition of “General Retail” in DMC Sec. 18.34.030, which is a conditionally permitted use at this site. No alcoholic beverages will be provided or served. Hours of operation are from 9:00 am – 9:00 pm, with employee shifts beginning at 8:00 am. Approximately 31 employees would be hired for this location with 14 is the maximum number of employees expected during a shift. No outdoor activities are anticipated other than donation collections. The entitlements Goodwill is seeking are as follows:
• Use Permit for retail use, and for drive-up donation activities • Design Review for commercial uses
Goodwill will require space in the rear of the building to be dedicated to a donation drop o\ area for customers, see Exhibits B, C, D & E. The scope of work for this area will require a sawcut opening for the installment of a 12’ x 8’ set of sliding double doors, and a proposed 4” wide concrete landing as shown on Exhibit “ Per the CC&R’s that the shopping mall is subject to, Goodwill and Brandenburg Properties have received the formal consent from Home Depot (See Exhibit I) for the donation drop o\ area location. While queuing of multiple cars is not anticipated for the donation drop o\ area as turnaround time is less than one minute, if queuing were to occur, there would be room behind the car occupying the donation space for 4 or more cars without infringing on any marked parking spots or drive aisles.
The scope of work for the interior of the space does not require demolition of existing walls separating the back of house area to the sales floor area, except for where demolition is required in relation to the ADA upgrades of the two existing restrooms. Existing ceiling grid and tiles to remain, existing walls to be painted, and existing T-8 lighting fixtures will be replaced with retrofit tubes and meet Title 24 requirements.
Proposed signage for the existing panels on the two existing monument signs and the façade signage will be replaced with text referencing the Goodwill store. The only new sign being proposed is in relation to the donation drop o\ area located at the rear of the building, See Exhibit F.
Additional signage proposed:
• Sign with backer (largest allowed per code) located on façade of building (See Exhibit F) • Temporary “Coming Soon”, “Grand Opening”, “Now Hiring” and “Now Open” banners (See Exhibit F)
• Donation Door Signage (See Exhibit G)
• Asphalt Painting (See Exhibit H)
The existing loading dock at the rear of the building will be reused by Goodwill. New construction, in this area, will include a new trash compactor and pad. See enclosed Civil drawings sheet C3.0 for location.
Project Description
59 GSFB Neighborhood Flyer
60 61
Goodwill Operations and Donation Processes
Goodwill of the San Francisco Bay
2626 W Beryl Avenue
Phoenix, AZ 85021
Goodwill Operational Processes and Commitment to Shopping Center Standards Goodwill is committed to being a strong partner and good neighbor within every shopping center we occupy. We recognize the importance of maintaining the overall presentation and image of the property, and we have established a series of operational processes designed to ensure a clean, professional, and well-managed environment.
For additional context, a folder of marketing materials has been provided, along with two video links that showcase the appearance of a typical Goodwill store, our operational procedures, and testimonials from industry professionals. While much of the current material highlights Goodwill of Central Arizona, updated marketing will soon be developed for Goodwill of the San Francisco Bay (GSFB). This location will be featured prominently in those materials and promoted nationally.
Donation Operations
• Donation Drop-O. Area: Goodwill will utilize the existing rear roll-up door connected to the loading dock as the designated Donation Drop OI Area.
• Signage: Directional signage and striping will be provided throughout the center, subject to review and approval in the formal signage package. Signage will clearly state that donations are accepted only during operating hours and are posted at the Donation Drop OI Area doors. A mockup of this signage will be provided at a later date. • Hours of Operation: Donations will be accepted during business hours only, Monday through Sunday, 9:00 AM – 9:00 PM. A dedicated Donation Attendant will be present at all times during these hours.
Security and Monitoring
• Tinted Doors: The donation drop-oI doors will be tinted to prevent public visibility into the back-of-house area while allowing staI to maintain visibility outside.
• 24/7 Video Monitoring: The donation area will be monitored with live-streamed video surveillance at all times. • After-Hours Deterrents: A speaker system connected to live attendants will deter after-hour drop-oIs by instructing customers to return during operating hours. While no system can completely prevent noncompliance, this approach has proven highly eIective at other Goodwill locations. • Morning Clean-Up: In the rare event items are left overnight, employees arriving prior to opening will remove them 1–2 hours before store operations begin.
Donation Handling and Cleanliness
• No Outside Storage: No donations or products will be left outside overnight. Even during business hours, attendants collect donations directly from customers’ vehicles, ensuring items never accumulate outside. • Motion-Censored Door: The donation door is equipped with a motion sensor and chime, alerting the attendant to greet and assist customers promptly, within a few second window. • On-Site Compactor: A compactor located in the truck well will handle all trash, ensuring the area remains clean, orderly, and free of debris.
62 Mission Services
Goodwill of the San Francisco Bay (GSFB) has a long-standing history of excellence in Workforce Development. Through our ABCs of Workforce Development, we empower individuals to secure A job, move into a Better job, and ultimately achieve a sustainable and rewarding Career.
Our approach is highly individualized. We work one-on-one with clients to create tailored development plans, provide access to supportive services, connect them with education and training opportunities, and, when needed, oIer behavioral health case management. This comprehensive model ensures that each person we serve has the tools, resources, and support to succeed.
While Workforce Development is at the heart of our work, our mission extends far beyond it. By strengthening and optimizing our retail operations, we are creating opportunities to expand the scope of our community impact. Future initiatives include:
• No-CostAdultHighSchools to provide second-chance educational opportunities. • InnovativeK–12MicroschoolsdesignedtooIerpersonalized,future-ready learning. • VeteranResourceCenterstohonorandsupportthosewhohaveserved.
These programs reflect our commitment to building pathways for long-term success and resilience across the communities we serve.
As a nonprofit, we embrace the principle: “no margin, no mission.” To sustain and grow our mission impact, we must continue to invest in our retail division. A strong retail foundation generates the operational margin necessary to reinvest in mission-driven programs. This is especially critical today as government funding for nonprofits continues to evolve and, in many cases, decline.
By expanding and optimizing our retail operations, Goodwill of the San Francisco Bay is not only ensuring the sustainability of our existing programs but also paving the way for innovative new initiatives that will serve our community for generations to come. 63 X
Goodwill
1551 Sycamore Ave Hercules, CA 94547 SS Rob Frazier
OWNER
OWNER APPROVAL
6-16-26
Goodwill -6-16-26
64 X
Goodwill
SS Rob Frazier
OWNER
OWNER APPROVAL
1551 Sycamore Ave Hercules, CA 94547
Goodwill copy on logo to be routed out and
backed with white acrylic.
154.17 Sq. Ft.
60”
46”
30’-10”
41.7”
Fascia
Painted Goodwill brown.
6-16-26
Goodwill -6-16-26
65 X
Goodwill
SS Rob Frazier
OWNER
OWNER APPROVAL
33.92 Background panel to be 2” deep aluminum frame
with aluminum face surface.
Montex textured finish painted Dunn Edwards De6077 “Deep Brown” Directional
Fabricate and install one set of
lighted reverse pan channel letters.
Letters to be brushed aluminum with
3” deep returns.
Peg off background 2”.
All backlit with white LED’s.
Signage
1551 Sycamore Ave Hercules, CA 94547
6-25-26
Goodwill -6-16-26
37”
132”
16”
9”
66 X
Goodwill
SS Rob Frazier
OWNER
OWNER APPROVAL
Fabricate and install one set of halo-lit
reverse pan channel letters.
Letters to be brushed aluminum.
Letters to have 3” returns.
Peg off background 2”.
All back-lit with white LED’s.
Background panel to be 2” deep aluminum frame
with aluminum face surface.
Montex textured finish painted Dunn Edwards De6077 “Deep Brown” 28 C
Directional
Signage
1551 Sycamore Ave Hercules, CA 94547
6-16-26
Goodwill -6-16-26
67 X
Goodwill
1551 Sycamore Ave Hercules, CA 94547 SS Rob Frazier
OWNER
OWNER APPROVAL
Fabricate and install 2 new white lexan faces.
Cut size to be 62.75” x 179.38”.
Visible opening 60” x 174.25”.
Background painted to match Dunn Edwards “Deep Brown” DE6077.
Inset copy to be Wrisco brushed aluminum with horizontal brush.
Outline around copy and logo to show through to white lexan. 6-16-26
Goodwill -6-16-26
68 X
Goodwill
SS Rob Frazier
OWNER
OWNER APPROVAL
Fabricate and install 2 new white lexan faces.
Cut size to be 32.125” x 67.125”.
Visible opening 28” x 65.75”.
Background painted to match Dunn Edwards “Deep Brown” DE6077.
Inset copy to be Wrisco brushed aluminum with horizontal brush.
Outline around copy and logo to show through to white lexan. 1551 Sycamore Ave Hercules, CA 94547
6-16-26
Goodwill -6-16-26
69 X
Goodwill
SS Rob Frazier
OWNER
OWNER APPROVAL
Fabricate and install 2 new Reverse pan panels.
Size is 18.25” tall x 91.5” x 2” deep.
Background painted to match Dunn Edwards “Deep Brown” DE6077.
Rout copy and back with white acrylic.
Inset copy to be Wrisco brushed aluminum with horizontal brush.
Outline around copy and logo to show through to white lexan. 1551 Sycamore Ave Hercules, CA 94547
6-16-26
Goodwill -6-16-26
70 X
Goodwill
SS Rob Frazier
OWNER
OWNER APPROVAL
1551 Sycamore Ave Hercules, CA 94547
34”
36”
16.5”
19.5”
Fabricate and install one Single-sided directional sign. 1/8” thick face panel to be painted to match Dunn Edwards De6077 “Deep Brown”. 2” square aluminum tube supports to be painted to match Dunn Edwards De6151 “Warm Butterscotch”.
Copy to be brushed alum vinyl, with white outlines as shown.
Note: Top of posts to be capped. Posts extend into ground 18” for concrete footing.
West view South view
6-16-26
Goodwill -6-16-26
3.9 Sq Ft.
71 X
Goodwill
SS Rob Frazier
OWNER
OWNER APPROVAL
1551 Sycamore Ave Hercules, CA 94547
2-13-26
Goodwill -2-13-26
72 73
Exhibit H – Asphalt Paint Exhibit
74 CO2
F.E.
R
MECHANICAL
ROOM
PRODUCTION
ROOM
LOUNGE
MANAGER'S
OFFICE
STORAGE
STORAGE
ITJAN.
SALES
905
COMPACTOR
QUIET RM.
+/- 6'-1" X 8'-1 1/2"
+/- 16'-11" X 17'-9"
+/- 7'-7" X 6'-4"
+/- 7'-7" X 6'-4"
906
+/- 11'-7" X 19'-58"
+/- 11'-7" X 9'-10"+/- 11'-7" X 9'-11"
WOMEN'S RR
MEN'S RR
905
STORAGE
TRAILER
NEW DONATION DROP-OFF AUTOMATIC SLIDING DOOR
EXISTING AUTOMATIC
SLIDING FRONT DOOR
EXISTING AUTOMATIC
SWING DOORS
WALL LEGEND
EXISTING PARTITION, TO REMAINNEW PARTITION
AREA ANALYSIS :
BOH +/- 9,628 SFSALES FLOOR +/- 21,202 SF
+/- 30,830 SF
0 4' 8' 16'
1/8"=1'-0"
PAGE
This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification. 04/16/2025
SPACE PLAN
GOODWILL - HERCULES
1551 SYCAMORE AVENUE
HERCULES, CA 94547
SP1
SCHEME: 01
GENERAL NOTES:1. PROTECT FLOORING THROUGHOUT DURING CONSTRUCTION, U.O.N. REPLACE DAMAGED EXISTING VCT AND PREPARE SURFACE TO RECEIVE NEW FINISH.
2. PROVIDE LOCKSETS FOR DOORS FACING PUBLIC SIDE AS
REQUIRED.
3. PROVIDE ALTERNATE FOR NEW LIGHTS TO REPLACE ALL
EXISTING T-8 FIXTURES WITH RETROFIT TUBES.
4. EXISTING CEILING GRID AND TILES TO REMAIN. PATCH REPAIR AS REQUIRED. WHERE THERE IS WATER DAMAGE AND MOLD, ROOF LEAK REMEDIATION IS REQUIRED BEFORE NEW CONSTRUCTION TO BEGIN. REPLACE GRID AND TILES AS REQUIRED.
KEYNOTES:
905 EXISTING CURB TO REMAIN.906 EXISTING TRENCH DRAIN TO REMAIN. 273'-8 1/4"
222'-3 1/2" 188'-9 1/4"
SEPARATION OF EXITS OVERALL DIAGONAL DIAGONAL OF SALES FLOOR PATH OF EGRESS TRAVEL EGRESS 1: EXISTING AUTOMATIC SLIDING FRONT DOOR EGRESS 2: EXISTING AUTOMATIC SWING DOORS EGRESS 3: (EMERGENCY ONLY) SINGLE 36" HOLLOW METAL DOOR BI-PARTING SLIDING AUTOMATIC DOOR. 60.3" WIDE X 83" HIGH CLEAR DOOR OPENING NEW CONCRETE WALKWAY ACCESS TO DOOR - SEE CIVIL DRAWINGS. 75 76
PARCEL 2 [103 PM 21] PARCEL 3 [103 PM 21] 4.456± ACRES N 84°55'00" E 214.00' N 05°05'00" W 98.16'
N 05°05'00" W 225.73' N 84°55'00" E 101.13'
S 39°30'16" E
110.83'
S 06°22'23" E 226.21' N 05°05'00" W 140.75'
N 79°50'00" E
24.09' FND REBAR/CAP "LS 8501" FND BRASS CAP "LS 8501" 1551 SYCAMORE AVENUE EXISTING ONE STORY BUILDING
65.7' 190.1'
160.0'
40.4' 22'x8' CAR SPACE TYPICAL UNIT AREA 31,575 SF ±
30'±
PROPOSED DROP-OFF LOCATION SEE SHEET C3.0
25.7'
P:\SNR\25\6024\00\Civil\CAD\Sheets\CD\SNR25-6024_Existing Conditions Plan.dwg 04/09/2026 3:38 PM SYOWAKIM 1:1 EXISTING CONDITIONS C2.0
0 SCALE: 1" = 15 30 60 30' SURVEYOR NOTES POST INDICATOR VALVE BACK FLOW PREVENTER CATCH BASIN / DROP INLET WATER METER FIRE DEPARTMENT CONNECTION FENCE PROPERTY LINE LEGEND - EXISTING OVERHEAD SANITARY SEWER RETAINING WALL SIGN VALVE FIRE HYDRANT FOUND MONUMENT AS NOTED CENTERLINE UTILITY POLE W/ GUY WIRE BOLLARD LIGHT SANITARY SEWER MANHOLE STORM DRAIN WATER ADJACENT PROPERTY LINE STORM DRAIN MANHOLE GAS METER BUILDING LINE W/ DOOR TRANSFORMER CLEAN OUT EDGE OF PAVEMENT MONUMENT LINE BUILDING OVERHANG FOUND IRON PIPE OR AS NOTED UTILITY BOX (SIZE VARIES) STREET LIGHT LIGHT CONCRETE INDEX CONTOUR CONTOUR CURB TREE W/ SIZE AND ELEVATION CURB & GUTTER SPOT ELEVATION THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT SHEET PA / PM: JOB NO.: DESIGNED:
REMARKS DATE NO. Sheet of FOR AND ON BEHALF OF WARE MALCOMB DATE: PLOT DATE:
4683 chabot dr
suite 300
pleasanton, ca 94588
p 925.244.9620
waremalcomb.com
C I V I L E N G I N E E R I N G
SITE IMPROVEMENTS
GOODWILL HERCULES
1551 SYCAMORE AVENUE
HERCULES, CA SNR25-6024 MMSY DEC. 02, 2025
6 1 03/03/2026 CUP COMMENTS
NOT FOR CONSTRUCTION01-21-2026
REGISTER ED PROFES
SIONAL ENGINEER
ST
C I V I L
A TE
OF C
A LIFORNIA
MNo. 43696
I CHA EL
G. MURPHY 1. All distances shown hereon are in U.S. Survey feet and decimals thereof.
2. This boundary and easements shown on this survey was based solely on the following recorded documents:
Parcel Map 477-82 filed for record on October 26, 1982 in Book 103 of Parcel Maps at Page 21, Contra Costa County Records.
No liability is assumed for matters of record not shown on said document that may affect the boundary lines, exceptions, or easements affecting the property.
3. The types, locations, sizes and/or depths of existing underground utilities as shown on this topographic survey were obtained from sources of varying reliability. The contractor is cautioned that only actual excavation will reveal the types, extent, sizes, locations and depths of such underground utilities. (A reasonable effort has beenmade to locate and delineate all unknown underground utilities.) However, the surveyor can assume no responsibility for the completeness or accuracy of itsdelineation of such underground utilities which may be encountered, but which are not shown on these drawings. 4. A.P.N.: 406-140-003-4 5. Basis of Bearings:
The bearing of North 80°00'00" East taken on the monument line of Sycamore Avenue as shown on that certain Parcel Map 477-82 filed for record on October 26, 1982 in Book 103 of Parcel Maps at Page 21, Contra Costa County Records was taken as the Basis of all Bearings shown hereon. 6. Benchmark: NGS CORS Station: OHLN Elevation: 105.70 feet (GPS Observed) (Datum) NAVD 1988 7. Flood Zone Note: The subject property is shown on the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 060434 0044 H, March 21, 2017, as being located in Flood Zone "X"; Areas of determined to be outside the 0.2% annual chance flood. Information was obtained from the FEMA website (www.fema.gov) on December 02, 2025. 2 77
PARCEL 1 [127 PM 35] PARCEL 1 [220 PM 19] PARCEL 2 [220 PM 19] PARCEL 10 [103 PM 21] PARCEL 1 [103 PM 21] PARCEL 2 [103 PM 21] PARCEL 3 [103 PM 21] 4.456± ACRES 1551 SYCAMORE AVENUE EXISTING ONE STORY BUILDING
65.7' 190.1'
160.0'
40.4' 22'x8' CAR SPACE TYPICAL UNIT AREA 31,575 SF ±
55'±
30'±
30'±
30'±
30'±
65'±
30'±
PROPOSED DROP-OFF LOCATION SEE SHEET C3.0
25.7'
P:\SNR\25\6024\00\Civil\CAD\Sheets\CD\SNR25-6024_Existing Conditions Plan.dwg 04/10/2026 8:32 AM SYOWAKIM 1:1 EXISTING CONDITIONS - FIRE ACCESS C2.1
0 SCALE: 1" = 15 30 60 30'
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT SHEET PA / PM: JOB NO.: DESIGNED:
REMARKS DATE NO. Sheet of FOR AND ON BEHALF OF WARE MALCOMB DATE: PLOT DATE:
4683 chabot dr
suite 300
pleasanton, ca 94588
p 925.244.9620
waremalcomb.com
C I V I L E N G I N E E R I N G
SITE IMPROVEMENTS
GOODWILL HERCULES
1551 SYCAMORE AVENUE
HERCULES, CA SNR25-6024 MMSY DEC. 02, 2025
6 1 03/03/2026 CUP COMMENTS
NOT FOR CONSTRUCTION01-21-2026
REGISTER ED PROFES
SIONAL ENGINEER
ST
C I V I L
A TE
OF C
A LIFORNIA
MNo. 43696
I CHA EL
G. MURPHY
3 HOME DEPOT
SYCAMORE AVE PROPOSED GOODWILL SITE POST INDICATOR VALVE BACK FLOW PREVENTER CATCH BASIN / DROP INLET WATER METER FIRE DEPARTMENT CONNECTION FENCE PROPERTY LINE LEGEND - EXISTING OVERHEAD SANITARY SEWER RETAINING WALL SIGN VALVE FIRE HYDRANT FOUND MONUMENT AS NOTED CENTERLINE UTILITY POLE W/ GUY WIRE BOLLARD LIGHT SANITARY SEWER MANHOLE STORM DRAIN WATER ADJACENT PROPERTY LINE STORM DRAIN MANHOLE GAS METER BUILDING LINE W/ DOOR TRANSFORMER CLEAN OUT EDGE OF PAVEMENT MONUMENT LINE BUILDING OVERHANG FOUND IRON PIPE OR AS NOTED UTILITY BOX (SIZE VARIES) STREET LIGHT LIGHT CONCRETE INDEX CONTOUR CONTOUR CURB TREE W/ SIZE AND ELEVATION CURB & GUTTER SPOT ELEVATION FIRE ACCESS AMERICA TIRE EXIST. POST OFFICE EXISTING RETAIL TENANTS EXIST. BANK OF AMERICA EXISTING RETAIL TENANTS EXIST. FAST FOOD RESTURANT NOTE: SEE SHEET C3.0 FOR PROPOSED GOODWILL SITE LOCATION DETAILS. 78 22.82' 01 PROPERTY LINE 02 04 03 05 PROPOSED GOODWILL SITE PARCEL 3 [103 PM 21] 4.456± ACRES 1551 SYCAMORE AVENUE EXISTING ONE STORY BUILDING 5.7' 25.0' 10.00'
5.1' FF 80.10 (SLIDING DOOR) FS 80.05 FS 78.13 (ME) FS 78.20 FS 78.20 (ME) FS 78.10 (ME) 7.4% FS 78.56 (ME) FS 78.66 (ME) FS 78.15 (ME) 07 06 08 EXISTING DOOR
25.51'
30.80'
EXISTING TRAFFIC FLOW EXISTING DOOR EXISTING DOOR EXISTING DOOR EXISTING DOOR P:\SNR\25\6024\00\Civil\CAD\Sheets\CD\SNR25-6024_Grading Plan.dwg 04/09/2026 4:45 PM SYOWAKIM 1:1 SITE / GRADING PLAN C3.0
0 SCALE: 1" = 5 10 20 10'
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT SHEET PA / PM: JOB NO.: DESIGNED:
REMARKS DATE NO. Sheet of FOR AND ON BEHALF OF WARE MALCOMB DATE: PLOT DATE:
4683 chabot dr
suite 300
pleasanton, ca 94588
p 925.244.9620
waremalcomb.com
C I V I L E N G I N E E R I N G
SITE IMPROVEMENTS
GOODWILL HERCULES
1551 SYCAMORE AVENUE
HERCULES, CA SNR25-6024 MMSY DEC. 02, 2025
6 1 03/03/2026 CUP COMMENTS
NOT FOR CONSTRUCTION01-21-2026
REGISTER ED PROFES
SIONAL ENGINEER
ST
C I V I L
A TE
OF C
A LIFORNIA
MNo. 43696
I CHA EL
G. MURPHY CONSTRUCTION NOTES EXISTING TRUCK DOCK LOADING AREA TO REMAIN. PROPOSED TRASH COMPACTOR AND RAMP BY OTHERS. COMPACTOR TO BE INSTALLED ON STEEL SUPPORT STRUCTURE PROVIDED BY OTHERS DROP OFF AREA CAR STACKING AREA PROPOSED 5' WIDE CONCRETE LANDING & RAMP WITH RAILING FOR STANLEY SLIDING DOOR MATCH AND DOWEL TO EXISTING CONCRETE SEE DETAIL ON SHEET C5.0 INSTALL POLLARDS SEE DETAIL ON SHEET C5.0 INSTALL CONCRETE LANDING PAD. SEE DETAIL ON SHEET C5.0. 0102030405060508 4 79
PARCEL 2 [103 PM 21] PARCEL 3 [103 PM 21] 4.456± ACRES
1 1
4 2
3 P:\SNR\25\6024\00\Civil\CAD\Sheets\CD\SNR25-6024_Erosion Control Plan.dwg 04/09/2026 4:50 PM SYOWAKIM 1:1 EROSION CONTROL PLAN C4.0
0 SCALE: 1" = 15 30 60 30' FIBER ROLL / SILT FENCE BARRIER SEE DETAIL B ON THIS HSEET 1 2
3 CONCRETE WASH OUT AREA SEE DETAIL A ON THIS SHEET4EROSION CONTROL LEGEND INLET PROTECTION SEE DETAIL A FOR FIELD INLET AND DETAILS C & D ON THIS SHEET MATERIAL STORAGE AREA EROSION CONTROL NOTES A. GRADING PLANS SHALL BE DESIGNED WITH LONG-TERM EROSION AND SEDIMENT CONTROL AS A PRIMARY CONSIDERATION. B. NO GRADING OPERATIONS SHALL BE CONDUCTED DURING THE RAINY SEASON EXCEPT UPON A CLEAR DEMONSTRATION, TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS, THAT AT NO STAGE OF THE WORK WILL THERE BE ANY SUBSTANTIAL RISK OF INCREASED SEDIMENT DISCHARGE FROM THE SITE. C. SHOULD GRADING BE PERMITTED DURING THE RAINY SEASON, THE SMALLEST PRACTICABLE AREA OF ERODIBLE LAND SHALL BE EXPOSED AT ANY ONE TIME DURING GRADING OPERATIONS AND THE TIME OF EXPOSURE SHALL BE MINIMIZED. D. NATURAL FEATURES, INCLUDING VEGETATION, TERRAIN, WATERCOURSES AND SIMILAR RESOURCES SHALL BE PRESERVED WHEREVER POSSIBLE. LIMITS OF GRADING SHALL BE CLEARLY DEFINED AND MARKED TO PREVENT DAMAGE BY CONSTRUCTION EQUIPMENT. E. PERMANENT VEGETATION AND STRUCTURES FOR EROSION AND SEDIMENT CONTROL SHALL BE INSTALLED AS SOON AS POSSIBLE. F. ADEQUATE PROVISION SHALL BE MADE FOR LONG-TERM MAINTENANCE OF PERMANENT EROSION AND SEDIMENT CONTROL STRUCTURES AND VEGETATION. G. NO TOPSOIL SHALL BE REMOVED FROM THE SITE UNLESS OTHERWISE DIRECTED OR APPROVED BY THE DIRECTOR OF PUBLIC WORKS. TOPSOIL OVERBURDEN SHALL BE STOCKPILED AND REDISTRIBUTED WITHIN THE GRADED AREA AFTER ROUGH GRADING TO PROVIDE A SUITABLE BASE FOR SEEDING AND PLANTING. RUNOFF FROM THE STOCKPILED AREA SHALL BE CONTROLLED TO PREVENT EROSION AND RESULTANT SEDIMENTATION OF RECEIVING WATER. H. RUNOFF SHALL NOT BE DISCHARGED FROM THE SITE IN QUANTITIES OR AT VELOCITIES SUBSTANTIALLY ABOVE THOSE WHICH OCCURRED BEFORE GRADING EXCEPT INTO DRAINAGE FACILITIES WHOSE DESIGN HAS BEEN SPECIFICALLY APPROVED BY THE DIRECTOR OF PUBLIC WORKS. I. PERMITTEE SHALL TAKE REASONABLE PRECAUTIONS TO ENSURE THAT VEHICLES DO NOT TRACK OR SPILL EARTH MATERIALS INTO PUBLIC STREETS AND SHALL IMMEDIATELY REMOVE SUCH MATERIALS IF THIS OCCURS. J. CONTRACTOR SHALL IMPLEMENT ALL DUST CONTROL MERGERS DURING GRADING OPERATION. EROSION & SEDIMENT CONTROL NOTES CONTRACTOR: DEACON CONSTRUCTION 1. IT SHALL BE THE OWNER'S RESPONSIBILITY TO MAINTAIN CONTROL OF THE ENTIRE CONSTRUCTION OPERATION AND TO KEEP THE SITE IN COMPLIANCE WITH THE SOIL EROSION CONTROL PLAN. 2. CIVIL ENGINEER: WARE MALCOMB SAM YOWAKIM / MICHAEL MURPHY (925)480-6085 / (925) 480-6085 CONSTRUCTION SUPERINTENDENT: ______________ 3. THIS PLAN IS INTENDED TO BE USED FOR INTERIM EROSION AND SEDIMENT CONTROL ONLY AND IS NOT TO BE USED FOR FINAL ELEVATIONS OR PERMANENT IMPROVEMENTS. 4. THE DEVELOPER IS RESPONSIBLE FOR ENSURING THAT ALL CONTRACTORS AND SUBCONTRACTORS ARE AWARE OF ALL STORM WATER QUALITY MEASURES AND IMPLEMENT SUCH MEASURES. FAILURE TO COMPLY WITH THE APPROVED CONSTRUCTION BEST MANAGEMENT PRACTICES WILL RESULT IN THE ISSUANCE OF CORRECTION NOTICES, CITATIONS, AND/OR STOP ORDERS. 5. THIS PLAN COVERS ONLY THE FIRST WINTER FOLLOWING GRADING WITH ASSUMED SITE CONDITIONS AS SHOWN ON THE EROSION CONTROL PLAN. PRIOR TO SEPTEMBER 15, THE COMPLETION OF SITE IMPROVEMENTS SHALL BE EVALAUATED AND REVISIONS BE MADE TO THIS PLAN AS NECESSARY WITH THE APPROVAL OF THE CITY ENGINEER. PLANS ARE TO BE SUBMITTED FOR CITY APPROVAL PRIOR TO SEPTEMBER 1 OF EACH SUBSEQUENT YEAR UNTIL SITE IMPROVEMENTS ARE ACCEPTED BY THE CITY. 6. ANY VEHICLE OR EQUIPMENT WASHING/STEAM CLEANING MUST BE DONE AT AN APPROPRIATELY EQUIPPED FACILITY WHICH DRAINS TO THE SANITARY SEWER. OUTDOOR WASHING MUST BE MANAGED IN SUCH A WAY THAT THERE IS NO DISCHARGE OF SOAPS, SOLVENTS, CLEANING AGENTS OR OTHER POLLUTANTS TO THE STORM DRAINS. WASH WATER SHALL DISCHARGE TO THE SANITARY SEWER, SUBJECT TO REVIEW AND APPROVAL OF CITY OF CLOVIS. 7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR LITTER CONTROL AND SWEEPING OF ALL PAVED SURFACES DURING CONSTRUCTION. 8. THE FACILITIES SHOWN ON THIS PLAN ARE DESIGNED TO CONTROL EROSION AND SEDIMENT DURING THE RAINY SEASON, OCTOBER 1 TO APRIL 15. GRADING OPERATIONS DURING THE RAINY SEASON WHICH LEAVE DENUDED SLOPES SHALL BE PROTECTED WITH EROSION CONTROL MEASURES IMMEDIATELY FOLLOWING GRADING ON THE SLOPES. DURING THE NON-RAINY SEASON, BEST MANAGEMENT PRACTICES (BMP'S) MUST BE IMPLEMENTED DURING CONSTRUCTION WHICH INCLUDES BUT IS NOT LIMITED TO: STABILZED CONSTRUCTION ENTRANCE(S), TIRE WASH AREA AND INLET PROTECTION. 9. OWNER/CONTRACTOR SHALL BE RESPONSIBLE FOR MONITORING EROSION AND SEDIMENT CONTROL MEASURES PRIOR TO, DURING AND AFTER STORM EVENTS. 10. ALL ON-SITE STORM DRAINS SHALL BE CLEANED IMMEDIATELY BEFORE THE START OF THE RAINY SEASON BEGINNING ON OCTOBER 1ST OF EACH YEAR, SUBJECT TO THE REVIEW OF THE BUILDING/ENGINEERING INSPECTOR. 11. IF RAINY WEATHER BECOMES IMMINENT, GRADING OPERATIONS SHALL BE STOPPED AND EROSION CONTROL MEASURES SHALL BE IMPLEMENTED TO PROTECT DISTURBED AREAS. 12. DURING THE RAINY SEASON, ALL PAVED AREAS SHALL BE KEPT CLEAR OF EARTH MATERIAL AND DEBRIS. THE SITE SHALL BE MAINTAINED SO AS TO MINIMIZE SEDIMENT LADEN RUNOFF TO ANY STORM DRAIN SYSTEM. 13. CONSTRUCTION ENTRANCES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF GRADING. ALL CONSTRUCTION TRAFFIC ENTERING ONTO PAVED ROADS MUST CROSS THE STABILZED CONSTRUCTION ENTRANCE(S). ANY MUD OR DEBRIS OR DEBRIS TRACKED ONTO PUBLIC STREETS SHALL BE REMOVED DAILY AND AS REQUIRED BY THE CITY. 14. INLET PROTECTION SHALL BE INSTALLED AT OPEN INLETS TO PREVENT SEDIMENT FROM ENTERING THE STORM DRAIN SYSTEM. INLETS NOT USED IN CONJUNCTION WITH EROSION CONTROL MEASURES ARE TO BE BLOCKED UNLESS THE AREA DRAIN IS UNDISTURBED OR STABILIZED. 15. BORROW AREAS AND TEMPORARY STOCKPILES SHALL BE PROTECTED WITH APPROPRIATE EROSION CONTORL MEASURES TO THE SATISFACTION OF THE CITY ENGINEER. 16. ALL DISTURBED AREAS INCLUDING FLAT PADS ARE TO BE TREATED WITH STRAW AND TACKIFIER AT A RATE OF 2 TONS PER ACRE APPROXIMATELY 3 INCHES THICK. 17. THIS EROSION AND SEDIMENT CONTROL PLAN MAY NOT COVER ALL SITUATIONS THAT MAY ARISE DURING CONSTRUCTION DUE TO UNANTICIPATED FIELD CONDITIONS. VARIATIONS AND ADDITIONS MAY BE MADE TO THIS PLAN IN THE FIELD. NOTIFY CITY PROJECT INSPECTOR OF ANY FIELD CHANGES. 18. KEEP CONSTRUCTION TRAFFIC OUT OF STORMWATER TREATMENT AREA LOCATIONS, AND MINIMIZE COMPACTION OF EXISTING SOILS. 19. PROTECT STORMWATER TREATMENT FACILITIES FROM CONSTRUCTION SITE RUNOFF. ONCE IMPORTED MATERIALS ARE INSTALLED IN STORMWATER TREATMENT FACILITIES, RUNOFF FROM UNSTABILIZED AREAS MUST BE DIVERTED AWAY FROM SUCH FACILITIES. 20. THE COSTRUCTION BMPs SHOWN ON THE PLAN ARE MINIMUM REQUIREMENTS. THE CITY ENGINEER OR STORMWATER INSPECTOR IS AUTHORIZED TO REQUIRE ADDITIONAL BMPs TO PREVENT NON-STORMWATER DISCHARGES.
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT SHEET PA / PM: JOB NO.: DESIGNED:
REMARKS DATE NO. Sheet of FOR AND ON BEHALF OF WARE MALCOMB DATE: PLOT DATE:
4683 chabot dr
suite 300
pleasanton, ca 94588
p 925.244.9620
waremalcomb.com
C I V I L E N G I N E E R I N G
SITE IMPROVEMENTS
GOODWILL HERCULES
1551 SYCAMORE AVENUE
HERCULES, CA SNR25-6024 MMSY DEC. 02, 2025
6 1 03/03/2026 CUP COMMENTS
NOT FOR CONSTRUCTION01-21-2026
REGISTER ED PROFES
SIONAL ENGINEER
ST
C I V I L
A TE
OF C
A LIFORNIA
MNo. 43696
I CHA EL
G. MURPHY INLET SEDIMENT BARRIER SCALE: N.T.S. E4
C FIBER ROLL EROSION BARRIER SCALE: N.T.S. E10
B CONCRETE WASH OUT AREA SCALE: N.T.S. E9
A ALTERNATE DRAIN INLET PROTECTION SCALE: N.T.S. E6
D
5 80
P:\SNR\25\6024\00\Civil\CAD\Sheets\CD\SNR25-6024_Details.dwg 04/09/2026 3:50 PM SYOWAKIM 1:1 DETAILS C5.0
THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO CAUTION: IF THIS SHEET IS NOT 30"x42" IT IS A REDUCED PRINT SHEET PA / PM: JOB NO.: DESIGNED:
REMARKS DATE NO. Sheet of FOR AND ON BEHALF OF WARE MALCOMB DATE: PLOT DATE:
4683 chabot dr
suite 300
pleasanton, ca 94588
p 925.244.9620
waremalcomb.com
C I V I L E N G I N E E R I N G
SITE IMPROVEMENTS
GOODWILL HERCULES
1551 SYCAMORE AVENUE
HERCULES, CA SNR25-6024 MMSY DEC. 02, 2025
6 1 03/03/2026 CUP COMMENTS
NOT FOR CONSTRUCTION01-21-2026
REGISTER ED PROFES
SIONAL ENGINEER
ST
C I V I L
A TE
OF C
A LI FOR NIA
MNo. 43696
I CHA EL
G. MURPHY
[t/4"] DEPTH CONCRETE FLATWORK THICKENED EDGE SCALE: N.T.S. C1 A CONTROL JOINT SCALE: N.T.S. C4
B DOWELED CONSTRUCTION JOINT FOR VEHICULAR PAVING ONLY SCALE: N.T.S. C5 C CONCRETE PAVING CONNECTION DETAIL SCALE: N.T.S.
D EXPANSION JOINT SCALE: N.T.S. C8
E GUARD POST DETAIL SCALE: N.T.S. C20
G CONCRETE PAVEMENT SECTION SCALE: N.T.S. C9
F
6 81
Home Depot Consent
82 83
TENANT SPACE SIGN CRITERIA
decals and replace etched glass with non-etched glass.
that is necessary to repair said work and to remove sign or "shadow". Tenant shall remove all removal of the sign and conduit, and if necessary, shall pay for any painting and/or waterproofing shall be specifically required to fill in, in a professional manner, any holes in the fascia panel by Lease, Tenant shall leave the reader board or fascia in good condition. Without limitation, Tenant of Tenant's lease. If the fascia sign is removed for replacement or because of termination of the Tenant's sole cost and expense within 15 days of expiration of the lease term or earlier termination 15) Tenant shall remove its sign(s) and restore the surface(s) to its (their) original condition at sign panels shall be replaced by Tenant.
maintenance and repair of signs shall be that which will assure the highest visual quality. Faded 14) All signs shall be maintained in first-class condition by Tenant at all times. The standard for 13) No exposed tubing, lamps, raceways, crossovers, conduits, conductors, transformer, etc. system decals.
Landlord prior to installation. This shall include, but not be limited to, credit card and security banners of any type shall be permitted, except as otherwise previously approved in writing by the any type (whether Illuminated or not), placards, flags, pennants, balloons, A-frame signs and 12) No animated, flashing, audible, off-premise, or vehicle signs, temporary signs, window signs of insurance must be provided to Landlord prior to installation. construction or erection of signs in the amount of $1,000,000.00 per occurrence. Evidence of this against all damage suffered or done by any and all persons and/or property while engaged in the 11) Tenant's sign contractor shall carry workman's compensation and public. liability insurance contractor's work.
and hold harmless the Landlord and its agents from damages or liabilities resulting from the sign 10) Tenant shall be fully responsible for the actions of its sign contractor, and shall indemnify, defend architect.
signs. Lessor reserves the right to reject any work judged below standard by himself, or the 9) All work must be of excellent quality and identical in workmanship, materials and colors to other removal and City permits.
8) Tenant shall pay all costs for its sign(s), including design, manufacture, installation, maintenance, pay for required approval and permits.
7) The Lessee shall submit Lessor approved drawings to all agencies requiring approval and shall codes of the City of Hercules.
prior to installation. All signs and their installation shall comply with all building and electrical 6) All permits for signs and their installation shall be obtained from the City of Hercules by Tenant prior to construction.
5) All sign designs, colors and shop drawings must be submitted to Lessor for review and approval indicated on the approved drawings.
4) Signs shall conform to dimensions and materials as shown hereon. Signs shall be mounted as the character intended for the overall development.
Design approval will be based upon compatibility with store front design, and with regard for 3) The design and graphics for each sign should reflect the character of the shop it identifies. be limited to, pertinent dimensions of proposed signage and sign area, details and color call-outs. proposed sign, indicating conformance with these criteria. Such submittal shall include, but not 2) Each Lessee shall submit to the Lessor, for his approval, detailed shop drawing of his non-conforming signs shall be removed by Lessee or his sign contractor at their expense. coordinated proportional exposure for all Lessees. Performance shall be strictly enforced and any 1) The purpose of these criteria is to establish the minimum sign standards necessary to ensure
GENERAL RULES
84 GENERAL SPECIFICATION
SIGN TYPES
Sign Type “A” (Primary Signs)
Signs shall be mounted and internally illuminated individual letters. They shall have a DuPont Duranodic No. 313 Dark Bronze aluminum body 5” deep with color matching screws and trim cap at the letter’s edge with flat Plexiglas faces.
Sign Type “B” (Interior Illuminated Individual Letters) Signs shall be mounted on parapet wall only where shown on key plan. They shall have a DuPont Duranodic No. 313 Dark Bronze aluminum body 5” deep with color matching screws and trim cap at the letter’s edge with flat Plexiglas faces.
Sign Type “C” (Under Canopy Signs – Optional)
Signs shall be wood carved or painted, double-faced exterior illuminated, chain mounted. They shall be carved from one or more pieces of wood using routing, sandblasting and/or other techniques, to include painting of sign surface. Graphics shall be in relief and painted with gloss enamels. A handcrafted effect is desired. All signs to be sized as shown on drawings. Total sign area not to exceed 5 sq. ft. per side.
Sign Type "D" (Graphic logos)
Graphic logos shall not exceed 10% of sign area. The maximum height of logos shall be 16 inches, 22 inches with two lines of copy. Graphic logos are included as part of the area of a wall sign. Graphic logos may be sign cabinets or neon tubing.
Sign Type “E” (Storefront Window Sign)
Signs shall be silk screened, gold leafed, painted onto the window surface. Total sign area not to exceed the lesser of 15 sq. ft. or 25% of the window area.
Sign Type “F” (Business Information)
Upper window panel to the right of each entrance. Not more than 144 square inches of Helvetica lettering by Dennison or equal, not to exceed 3” in height, indicating hours of business, telephone numbers for emergency, accepted credit cards, etc.
Sign Type “G” (Rear door markings)
Lessee MUST install vinyl lettering on the rear entrance door. The lettering shall not exceed 144 square inches of Helvetica lettering by Dennison or equal, not to exceed 3” in height, indicating Lessee business name and address (including suite number). 1) Building shop signs are permitted for each Lessee shop as located on the key plans and shall be internally illuminated metal letters not to exceed 16” in height, 18" in height for upper case. For two lines of copy, minimum letter height is 10" inches with overall maximum sign height of 22 inches. Letters shall have Plexiglas faces. Letter type to be Helvetica Medium. 2) Shops shall be allowed a maximum of 1 sq. ft. of signage per foot of frontage, with a maximum of 37 sq. ft. or 75% of tenant's linear exposure, consisting of signage in any combination of sign type: A, B and E.
3) Notwithstanding any of the above, signs may not exceed the available sign band, regardless of tenant's linear exposure.
TENANT SPACE SIGN CRITERIA 85
Planning Commission Resolution 26-03 Page 1 of 7
HERCULES PLANNING COMMISSION
RESOLUTION NO. 26-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERCULES APPROVING CONDITIONAL USE PERMIT #26-01 AND DESIGN REVIEW PERMIT #26-01 FOR A RETAIL STORE WITH DRIVE-UP DONATION OPERATIONS AT 1551 SYCAMORE AVENUE (APN: 406-140-003-4), HERCULES, CALIFORNIA, WITHIN
THE COMMUNITY COMMERCIAL (CC) ZONING DISTRICT, AND FINDING THE
PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
WHEREAS, Goodwill of the San Francisco Bay (“Applicant”) submitted Applications CUP 26-01 and DRP 26-01, requesting approval of a Conditional Use Permit and a Design Review Permit to operate a retail store with drive-up donation operations within an existing 31,631-square-foot commercial building at 1551 Sycamore Avenue in Creekside Shopping Center, Hercules, California (APN: 406-140-003-4); and WHEREAS, the subject property is designated and zoned Community Commercial (CC) in the Hercules General Plan Land Use Element and on the Hercules Zoning Map, and a retail store of more than 2,000 square feet is conditionally permitted in the CC district subject to a Conditional Use Permit approved by the Planning Commission pursuant to Hercules Municipal Code (HMC) Section 13-8.400 and Table 13-8.1; and WHEREAS, a Design Review Permit is required for the proposed signage and exterior modifications pursuant to HMC Section 13-34.103(1); because the Design Review Permit is processed concurrently with, and as part of, the Conditional Use Permit application, the Planning Commission is the review and approval authority for both permits, and this Resolution provides for the approval of both applications; and WHEREAS, the application was submitted on January 12, 2026; Staff issued a First Review comment letter on February 5, 2026; the Applicant submitted a second submittal on April 28, 2026; and Staff determined the application complete on May 20, 2026, in accordance with the Permit Streamlining Act (Government Code Section 65920 et seq.); and
WHEREAS, pursuant to CEQA (Public Resources Code Section 21000 et seq.) and the CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.), the project is categorically exempt from environmental review under Class 1 (Existing Facilities), California Code of Regulations, Title 14, Section 15301, because it involves the minor alteration of an existing commercial building with negligible or no expansion of use, and none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply; and WHEREAS, the City provided notice of the public hearing in accordance with the Hercules Municipal Code and Government Code Section 65090 et seq.; and WHEREAS, on July 6, 2026, the Planning Commission conducted a duly noticed public hearing at which all interested persons were afforded an opportunity to be heard, and after reviewing the staff report and supporting materials and receiving public 86 Planning Commission Resolution 26-03 Page 2 of 7
testimony, the Planning Commission closed the public hearing and deliberated on the application; and
WHEREAS, based on the facts and evidence set forth in the entire record for this proceeding, including but not limited to the staff report prepared for this project, the Planning Commission finds, after due study, deliberation, and public hearing, that the following circumstances exist with regard to the Conditional Use Permit and Design Review Permit applications so long as the Conditions of Approval are met; and WHEREAS, in accordance with the Conditional Use Permit findings required by HMC Section 13-50.300, the Planning Commission finds the project demonstrates the following:
1. The proposed use is consistent with the General Plan (HMC §13-50.300(1)).
The proposed retail use is consistent with the Community Commercial (CC) land use designation and with Land Use Element Objective 2 (Policies 2A and 2B) and Objective 13 (Policy 13A). The site has long operated as general retail commercial, and the proposed use continues that established character within a fully built-out, CC-designated shopping center.
2. The proposed location of the use conforms with the purposes of the Zoning Ordinance and of the CC district, and the use will comply with the applicable provisions of the Zoning Ordinance (HMC §13-50.300(2)). The CC district is intended to accommodate retail, office, and service uses serving City residents and employees, and general retail is a type of use that is conditionally permitted in the district. No changes to building footprint, floor area, setbacks, parking, or landscaping are proposed; the Design Review Permit was filed concurrently as required by HMC Section 13-8.200(1); and signage has been analyzed under HMC Chapter 13-34, with the Planning Commission’s authority under HMC Section 13-
34.103(1) applied to the combined wall sign area. Subject to the Conditions of Approval, the use complies with all applicable provisions of the Zoning Ordinance.
3. The location, size, design, and operating characteristics of the proposed use are compatible in design, scale, coverage, and density with existing and anticipated adjacent uses (HMC §13-50.300(3)). The use occupies an existing retail building of unchanged size and scale within an established multi-tenant commercial center, and adjacent uses are general retail, food service, and personal service commercial uses of similar character. The drive-up donation operation is located at the rear of the building, screened from the primary retail frontage, and governed by attendant coverage during all operating hours, a prohibition on overnight drop-offs and outdoor storage, video surveillance, and an after-hours deterrent system.
4. There is adequate access, traffic, public utility, and public service capacity for the proposed use and surrounding existing and anticipated uses (HMC §13-50.300(4)). The site is fully improved with existing access drives, surface parking, and utility connections that served the prior retail tenancy. Traffic generation would be comparable to the former Big Lots store, as no floor area is added and the use classification is the same. The donation drop-off area is 87 Planning Commission Resolution 26-03 Page 3 of 7
separated from primary pedestrian and customer parking areas by the building mass and existing drive aisle configuration, with queuing capacity for four (4) or more vehicles that does not encroach on marked parking or drive aisles. Existing public streets, water, sewer, and dry utilities are adequate to serve the use.
5. There are no potential significant adverse environmental impacts that could not be feasibly mitigated and monitored (HMC §13-50.300(5)). The project is a change of tenancy within an existing building on a fully developed commercial parcel, with minor physical improvements and no expansion of use or intensity. As discussed under Environmental Review below, the project is categorically exempt from CEQA as a Class 1 (Existing Facilities) project, and no unusual circumstances or exceptions to the exemption apply. No significant adverse environmental impacts would result, and
WHEREAS, in accordance with the Design Review findings required by HMC Section 13-42.500, the Planning Commission finds the project demonstrates the following:
1. The design review plan complies with all provisions of HMC Chapter 13-42, the Zoning Ordinance, and applicable zoning and land use regulations, including the Hercules General Plan (HMC §13-42.500(1)). All proposed signs have been reviewed for compliance with HMC Chapter 13-34 and the Creekside Master Sign Program as addressed above. As discussed in the Sign Program Analysis, the building presents two (2) customer-facing storefronts: the primary retail storefront on the south elevation and a dedicated donation drop-off storefront on the north elevation. Counting both customer-facing frontages as tenant storefront under HMC Section 13-34.302(3)(A), the proposed 216.09 SF of combined wall signage is within the resulting frontage-based allowance, and the signage on each elevation is independently within the allowance generated by that elevation’s own frontage.
The only exterior building modification, the new 12-foot by 8-foot donation drop-off door and associated concrete landing and ramp at the rear (north) elevation, is a minor alteration that does not change the building footprint, intrude into any required setback, or alter the building's street-facing elevations design characteristics, and complies with the development standards of HMC. The finding can be made..
2. The design review plan is in the best interests of the public health, safety, and general welfare (HMC §13-42.500(2)). The proposed improvements are limited to interior alterations, one new rear door with landing and ramp, a trash compactor in the existing loading area, and replacement and new signage. No new building mass is proposed, and the project would not create adverse impacts on public health, safety, or welfare.
3. General site considerations have been designed to provide a desirable environment for the development (HMC §13-42.500(3)). No changes to site layout, parking, access, or setbacks are proposed. The existing site configuration 88 Planning Commission Resolution 26-03 Page 4 of 7
adequately accommodates the proposed use, including the donation drop-off operation and associated vehicle queuing at the rear of the building.
4. General architectural considerations are consistent with applicable design standards (HMC §13-42.500(4)). The proposed signage uses high-quality materials: halo-lit reverse pan channel brushed aluminum letters on Deep Brown background panels, consistent across all signs and compatible with the shopping center’s established character. Freestanding sign work is limited to replacement faces within existing structures and one new freestanding directional sign with commercial messaging.
A new trash compactor is proposed within one bay of the existing loading dock at the rear of the building; the second loading dock bay will remain open for deliveries.
The approximately 8.5-foot-high compactor will be installed on a steel support frame and will be partially screened from the rear parking lot area by an existing wall. No additional screening is proposed, in order to preserve unobstructed operational access to the loading dock. As shown in the staff report, the compactor will be further screened from view whenever a delivery trailer is parked in the adjacent bay. The rear elevation of the building has functioned as the shopping center’s service area since the center’s original development, as reflected in the 1982 approved development and building plans for the Lucky’s store, which show the loading dock in this location, and the rear elevation continues to serve this function today, as it is also where the other commercial tenants in the shopping center receive deliveries, store refuse, and locate utility equipment. The proposed compactor is therefore consistent with the long-established character and operational function of this elevation
5. General landscape considerations are consistent with applicable design standards (HMC §13-42.500(5)). No changes to landscaping are proposed, and existing landscaping would be maintained; and
WHEREAS, the Planning Commission finds that the Applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work at or visit this development.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hercules finds that the above recitals are true and correct and are incorporated herein as findings.
AND BE IT FURTHER RESOLVED that the Planning Commission of the City of Hercules hereby determines that the project is Categorically Exempt from CEQA pursuant to Class 1 (Existing Facilities), California Code of Regulations, Title 14, Section 15301, and hereby approves Conditional Use Permit No. CUP 26-01 and Design Review Permit No. DRP 26-01, authorizing the operation of a retail store with drive-up donation operations by Goodwill of the San Francisco Bay at 1551 Sycamore Avenue within Creekside Shopping Center, subject to the Conditions of Approval (Exhibit A). 89 Planning Commission Resolution 26-03 Page 5 of 7
PASSED AND ADOPTED by the Planning Commission of the City of Hercules on this 6th day of July 2026, by the following vote:
AYES: Morrison, Most-Walker, Rubio and Esselsagoe
NOES: None
ABSENT: Jimenez
ABSTAIN: None
Hector Rubio, Chair
ATTEST:
Timothy Rood, AICP
Community Development Director
Exhibit A – Draft Conditions of Approval
Exhibit B – 1551 Sycamore Avenue Project Exhibits (CUP 26-01 / DRP 26-01) 90 91
92 93
94 CITY OF HERCULES · CITY COUNCIL
Goodwill Retail Store with Drive-Up
Donation Operations
Conditional Use Permit CUP 26-01 & Design Review Permit DRP 26-01 1551 Sycamore Avenue · Creekside Shopping Center · Hercules, CA
CITY COUNCIL CALL-UP REVIEW
Called up by the Council on July 14, 2026, following Planning Commission approval on July 6, 2026.
The Council specified review of the donation drop-off area operations and controls.
PUBLIC HEARING — JULY 28, 2026
1 95
Overview
Goodwill of the San Francisco Bay proposes to occupy the vacant former Big Lots building in Creekside Shopping Center — a change of tenancy with interior improvements, a new rear donation door, a trash compactor, and updated signage.
31,631 SF
Existing building
(no added floor area)
CC District
Community Commercial
zoning & GP designation
≈ 31 jobs
New employees
(max. 14 per shift)
9 AM – 9 PM
Daily hours
(staff from 8 AM)
Staff Recommendation:
Affirm the Planning Commission's approval of CUP 26-01 and DRP 26-01, subject to the recommended Conditions of Approval, and find the project categorically exempt from CEQA.
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 2 96
Site & Setting
● 4.456-acre parcel (Parcel 3 of Parcel Map 477-82)
within Creekside Shopping Center
● Multi-tenant retail center anchored by Home Depot (±
190,567 SF total)
● Surrounding uses: general retail, food service, and
personal-service commercial
● Fully developed — building, surface parking, drive
aisles, and landscaping in place
● Most recently operated as a Big Lots store; that
entitlement has since expired
Creekside Shopping Center — aerial view
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 3 97
The Proposal
USE & OPERATIONS
● Retail sale of new and donated used goods —
clothing, household items, furniture
● Hours 9 AM – 9 PM, Mon–Sun (employees from 8
AM)
● ≈ 31 employees; maximum 14 per shift
● No alcoholic beverages sold or served
PHYSICAL IMPROVEMENTS
● Interior tenant improvements: ADA restrooms, LED
retrofit, sorting/production area
● New 12' × 8' rear donation door with concrete
landing and ramp
● New trash compactor and pad in the existing
loading-dock area
● Replacement and new signage (reviewed under
DRP 26-01)
No expansion of building area, no change to the site plan, layout, or landscaping, and no reduction in parking.
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 4 98
AD DRESSING THE COUNCIL'S CALL -UP CONCERN
Drive-Up Donation Operations & Controls
Donations are received at the rear (north) of the building. Conditions of Approval — protect the center's character and directly respond to the Council's concerns:
Attended drive-up
Dedicated attendant
receives donations from
vehicles during all open
hours
Business hours only
No overnight drop-offs;
motion chime alerts the
attendant on arrival
No outdoor storage
No exterior storage or
display of donations or
merchandise at any time
24/7 monitoring
Live-streamed video plus an
after-hours deterrent
speaker system
Screened back-of-house
Tinted sliding doors screen
the interior work area from
public view
Efficient queuing
Under-1-minute turnover;
space for 4+ cars off the
parking & drive aisles
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 5 99
Parking
No spaces removed
The project does not
remove, reconfigure, or
reduce parking anywhere
in the center
Comparable demand
Same retail use
classification and
intensity as the prior
retail tenancy
Pre-existing parking
The existing center-wide
parking supply was allowed
by prior approvals — not this
project
No new exception
Does not trigger a new
Parking Exception under
HMC § 13-32.500
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 6 100
DESIG N REVIEW
Proposed Signage Program
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 7 Sign Type Area
Sign A — Primary façade (south) Replacement face 154.17 SF Freeway pylon + 2 monument signs Replacement faces
Existing
structures
Sign B — Wall sign (south) New 33.92 SF
Sign C — Wall sign (north) New 28 SF
West entrance directional sign New 3.9 SF
Temporary banners Temporary Limited per HMC
Design Quality
• Halo-lit reverse pan-channel
brushed-aluminum letters on
Deep Brown panels — consistent
across all signs
• Freestanding signage limited to
new faces within existing cabinets
— no new structures, height, or
area
• Materials compatible with the
center's established character
101
REPLACEMENT WALL SIG N
Sign A — Primary Façade (South)
Halo-lit reverse pan-channel aluminum letters and logo on Deep Brown background panel CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 8 102
NEW WALL SIG N
Sign B — Wall Sign (South)
“Donation Drop Off / Around Back” directional copy — 33.92 SF CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 9 103
NEW WALL SIG N
Sign C — Wall Sign (North)
“Donation Drop Off” informational sign above the new donation door — 28 SF CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 10 104
REPLACEMENT FREESTANDING SIG NS
Freeway Pylon + 2 Monument Signs
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 11 105
NEW D IRECTIONAL SIG N
West Entrance Directional Sign
Single-sided, ground-mounted sign with logo, “Donation Drop Off” copy, and arrow — 3.9 SF CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 12 106
DESIG N REVIEW
Wall Sign Area — Analysis
HMC § 13-34.302(3)(A) allows 1 SF of wall sign area per lineal foot of customer-serving storefront. 191.5 SF
baseline allowance
Single frontage
(south, 191.5 LF)
226.5 SF
allowance applied
Two storefronts
(south 191.5 + rear 35 LF)
216.09 SF
Signs A + B + C
Proposed combined
wall signage
Conforms on a two-storefront basis (rear is a customer-serving donation entrance). Each elevation also independently conforms to its own frontage-based allowance.
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 13 107
DESIG N REVIEW
New Donation Door & Signage
Donation area Rear elevation
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 14 Donation Area
108
DESIG N REVIEW
New Trash Compactor
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 15 109
Required Findings
CONDITIONAL USE PERMIT — HMC § 13-50.300 DESIGN REVIEW PERMIT — HMC § 13-42.500 Consistent with the General Plan (CC designation)
Conforms to the purposes of the CC district &
zoning
Compatible in design, scale & operating character
Adequate access, traffic, utilities & services
No significant environmental impacts
In the interest of public health, safety & welfare
Sound site design, circulation & access
Quality architecture, materials & screening
Landscaping consistent with design standards
Complies with all provisions of the Design Review
chapter
The finding can be made for all ten findings. Supporting analysis is provided in the staff report.
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 16 110
ENVIRONMENTAL REVIEW
CEQA Determination
Categorically Exempt — Class 1 (Existing Facilities)
CEQA Guidelines, 14 CCR § 15301
● Change of occupancy within an existing commercial building ● Minor alterations only — interior work, one rear door, a compactor pad, and signage ● Negligible expansion of use; consistent in type & intensity with the prior tenancy ● No unusual circumstances; none of the § 15300.2 exceptions apply CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 17 111
Key Conditions of Approval
Hours of operation
9 AM–9 PM daily; no
operations or donation
acceptance outside
approved hours
Attended donations
Attendant present all hours;
no unsupervised bins; items
removed within 1 hr of
opening
No outdoor storage
No merchandise, goods,
trash, or equipment stored
or displayed outside
Signage
Install per approved package
& Creekside Master Sign
Program; banners timelimited
Trash compactor
Maintained clean per solidwaste & vector-control rules Security & cameras
Install and maintain video
security equipment to
discourage off-hours
donations
Full conditions — including Building, Fire, and Public Works requirements — appear in Staff Report, Attachment 2.
CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 18 112
Recommendation
1 Find the project categorically exempt from CEQA
Class 1 — Existing Facilities, 14 CCR § 15301
2 Affirm the Planning Commission Decision and approve CUP 26-01 / DRP 26-01 Subject to the Conditions of Approval in the Staff Report (Attachment 2) CUP 26-01 / DRP 26-01 · 1551 Sycamore Avenue City Council · July 28, 2026 19 113
Questions & Discussion
CUP 26-01 · DRP 26-01 · 1551 Sycamore Avenue
114
07.28.2026
Goodwill of the San Francisco Bay
Bay
HERCULES CUP
Kim Ryder
President Real Estate, Development and Government Relations 115
Goodwill Partners: GCNA and GSFB
September 2024
Goodwill of Central and
Northern Arizona (GCNA) and
Goodwill of the San Francisco
Bay (GSFB) join together in
partnership.
GCNA's operational expertise
merged with GSFB's continued
dedication to the community -
strengthen the impact made
locally through our stores and
mission services.
2025
GSFB experiences operation
updates, with store and donation
center adjustments enacted to
ensure ongoing operations.
2026 - April
Debut of the new Goodwill store
experience in Fairfield. Location
opens to a record-setting number
of shoppers.
2026 - June
Pittsburg store and donation
center is relocated and reopens
to a shopper volume that
surpasses Fairfield records.
KRON4 at the Pittsburg Grand
Opening
116
The Goodwill Experience
Goodwill provides customers and donors with a consistent, modern, and welcoming retail experience across our locations. Each location is designed to be clean, professional, and inviting, ensuring a seamless shopping and donating experience.
The resale industry is a multi-billion-dollar
industry, one of the fastest-growing segments
of retail. Average thrift store transactions have
doubled over the last three years, per capita.
• Goodwill is a highly regarded nonprofit, with 77% of
respondents saying they have a positive impression
of Goodwill
• 87% of respondents shop at least one of Goodwill's
convenient locations
• 84% of individuals surveyed were familiar with
Goodwill
117
Goodwill "Good Neighbor" Policies
NEW ITEMS EVERY DAY: Items donated by Sunday are on the retail floor by Tuesday. We put approximately 7,000 new items onto the retail floor in every store, every day.
ILLEGAL DUMPING REPORTS: If overnight, illegal dumping takes place, team members remove items prior to the location opening for business.
DONATION LOCATION MANAGEMENT: Donations are only accepted during store hours in the designated donation area and brought into the building immediately.
SHOPPING CENTER SECURITY BENEFITS: We are security-conscious, and all Goodwill locations have 24-hour security cameras monitored by a member of our asset protection team. The presence of our cameras provides additional security throughout the entire center, a benefit for surrounding businesses.
118
The New Goodwill – A Peek at the Interior
119
Goodwill's Donation Processes
Processes
120
The New Goodwill – Our Donation Process
DONATION ACCEPTED
9 AM – 9 PM DAILY
DONATION DRIVE UP
AND DROP OFF
DONATION ATTENDANT
PRESENT AND READY TO
ACCEPT DONATIONS
DONATIONS ARE NEVER PERMITTED TO BE LEFT UNATTENDED OR DROPPED OFF BEFORE/AFTER STORE HOURS 121
Donation Signage
122
The New Goodwill – Our Donation Process
123
The New Goodwill – Fairfield
124
The New Goodwill – Pittsburg
125
Goodwill's Mission in Action
126
Goodwill’s Mission Programs
Goodwill of the San Francisco Bay is a 501(c)(3) dedicated to transforming lives and ending poverty through the power of work across San Francisco Bay. For more than a century, Goodwill SF Bay has supported Bay Area communities through its network of thrift retail stores and donation centers, as well as its no-cost career, training, wellness services, and sustainability efforts.
In-person career center, career
coaching, skills training,
and employment services.
Mental health support, life skillsbased workshops, and support groups.
Paths to employment, substance
and mental health support, career
coaching, and development
planning.
CAREER & VETERAN
SERVICES
WELLNESS SERVICES RE-ENTRY SUPPORT SERVICES
127
2025 Community Impact
TRAINING COURSES TAKEN:
465
SERVICES PROVIDED:
21,805
EMPLOYMENT PLACEMENTS:
816
CREDENTIALS EARNED:
78 128
Goodwill's Impact: Making Careers
Tamy, Goodwill District Manager – Paying It Forward
From joining as a part of a Welfare-to-Work partnership, Tamy started as a cashier and has worked across the store in roles including Donation Attendant and through store management roles. A 17-year veteran of Goodwill who rebuilt her life thanks to her steady employment at Goodwill, Tamy now leads nine Bay Area locations.
“To see somebody develop and grow from nothing and move on to a career is the best feeling in the world,” Tamy says. “Knowing you were part of helping develop and encourage that person. That is everything.”
Ivonne, Goodwill District Manager – Exemplifying Leadership Recently relocated to the Bay Area, Ivonne brings 12-plus years of Goodwill experience. Having worked her way up through store management, Ivonne brings her experience in leadership to her teams through development and coaching, helping others find their own career paths at Goodwill.
“A lot of people have a misconception that you can’t have a career at Goodwill,” Ivonne says. “In reality, it can be a really good career where you can learn and achieve a lot.”
129
APPENDIX: Goodwill Mission Program Flyers
130
Thank You!
Kim Ryder
Contact Cell: (602) 460-0743
[email protected]
131
CONSENT CALENDAR
AGENDA ITEMS
1. 26-189
2. 26-188
3. 26-198
4. 26-186
5. 26-201
6. 26-187
7. 26-197
8. 26-191
132
111 Civic Drive City of Hercules Hercules, CA 94547
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
Tuesday, July 14, 2026 5:00 PM
CLOSED SESSION - 5:00 PM REGULAR MEETING - 7:00 PM
In-Person in Council Chambers or Via Zoom:
Zoom ID: 838 0884 0203 Zoom Passcode: 438779
Zoom Phone Number: 1-669-900-6833
I. SPECIAL CLOSED SESSION – CALL TO ORDER - ROLL CALL - 5:00 PM A. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO
PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
Council Member Grimsley was not present during roll call but did attend Closed Session.
Council Member Dilli Bhattarai, Council Member D. Bailey, Mayor C. Kelley, Vice Mayor A. Walker-Griffin, and Council Member T. Grimsley
Present: 5 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
City Attorney, Christie Crowl, read the title of the item to be discussed in Closed Session. Council and Staff convened into Closed Session.
The Hercules City Council will meet in Closed Session regarding the following:
1. 26-176 Pursuant to Government Code section 54957: Public Employment (City Manager)
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 -
City of Hercules Page 1
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City Council Meeting Minutes July 14, 2026
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
No final or reportable action was taken in Closed Session.
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Grimsley VII. MOMENT OF SILENCE
Mayor Kelley requested a Moment of Silence for Pinole resident and Council Member, Mary Horton, who recently passed away.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 26-171 Presentation - East Bay Municipal Utility District (EBMUD) Attachments: Presentation
Representatives from East Bay Municipal Utility District (EBMUD) presented. Council asked questions.
IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
Christine Hermes provided Public Comment.
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. 26-172 Public Hearing Regarding the Proposed Fiscal Year 2026-27 Sewer Service Charges to be Collected on the County Tax Roll
RECOMMENDATION:
It is recommended that the City Council conduct a public hearing and if protests are not made by a majority of the affected parcels, adopt a resolution approving the Written Report for the Fiscal Year 2026-27 Sewer Service Charges and authorizing the collection of Sewer Service Charges on the tax roll in the same manner, by the same persons, and at the same City of Hercules Page 2
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City Council Meeting Minutes July 14, 2026
time as, together with and not separately from, general taxes.
Staff Report
Attach 1 - Resolution
Attach 2 - Written Report
Attach 3 - Resolution No. 25-044 - Sewer Rate Increase
Attachments:
Interim Public Works Director, Mike Roberts, introduced the item.
Francisco and Associates presented the Staff Report. Council asked questions and made comments. Mayor Kelley opened the Public Hearing.
No Public Comment. Mayor Kelley closed the Public Hearing. Interim Public Works Director Roberts and Interim City Manager Tang, provided a response. Action was taken on this item.
MOTION: A motion was made by Council Member Grimsley, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 26-047. 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. 26-169 Mandatory Garbage/Solid Waste Disposal - Delinquent Accounts RECOMMENDATION:
Conduct a Public Hearing and upon conclusion, consider adopting a Resolution confirming the report of delinquent accounts and placing liens on said properties and special assessments upon property taxes pursuant to City of Hercules Municipal Code Section 5-2.01 to 5-2.16, Mandatory Garbage/Solid Waste Disposal.
Staff Report
Attach 1 - Resolution
Attach 2 - Lien List
Attachments:
City Clerk, Eibleis Melendez, presented the Staff Report. Council asked questions and made comments. City Clerk Melendez provided a response. Mayor Kelley opened the Public Hearing. No public comment.
Mayor Kelley closed the Public Hearing. Action was taken on this item.
MOTION: A motion was made by Vice Mayor Walker-Griffin, seconded by Council Member Bhattarai, to adopt Resolution 26-048. 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 -
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Bailey, seconded by Vice Mayor Walker-Griffin, to adopt the Consent Calendar as is. 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 -
City of Hercules Page 3
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City Council Meeting Minutes July 14, 2026
1. 26-170 Meeting Minutes for the Regular Meeting on June 23, 2026 Attachments: Meeting Minutes for the Regular Meeting on June 23, 2026
APPROVED
2. 26-173 Quarterly Review of Future Agenda Items
RECOMMENDATION:
Staff recommends that the City Council receive the staff report on the quarterly review of future City Council agenda items.
Staff Report
Attach 1 - Future Agenda Items List
Attachments:
Council Member Bailey requested to move the Monument Sign discussion from the 7/28 City Council meeting to the 9/8 City Council meeting Staff confirmed the date change for the item.
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 26-167 Waterfront Directional Signage
RECOMMENDATION:
Receive a report on waterfront directional signage, take public comment, and provide any direction to staff.
Staff Report
Presentation
Attachments:
Community Development Director, Tim Rood, presented the Staff Report.
Council asked questions and provided comments. Director Rood provided a response. Public Comment was provided by Oscar Adams. Discussion came back to Council. Direction was provided by Council for Staff to do the following: The Directional Signage and Monument Sign discussion items will go to the next Economic Development Subcommittee meeting for review. The discussion will also take into consideration branding and the determination of whether the area near the water will be referred to as the "Bayfront" or the "Waterfront". The Economic Development Subcommittee will then come back to City Council with their recommendation.
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.
City of Hercules Page 4
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City Council Meeting Minutes July 14, 2026
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
Interim City Manager Tang promoted upcoming city events and meetings.
Interim Public Works Director, Mike Roberts, provided a parks improvement and department update. Council asked follow up questions.
Staff provided a response. City Attorney Crowl had no announcements.
1. Regional Committees
Council Member Grimsley reported out that WestCat did not meet this past month. Council Member Bailey reported out on the Marin Clean Energy(MCE) meeting. Vice Mayor Walker Griffin and Mayor Kelley attended the Contra Costa Mayors Conference.
2. City Council Committees and Subcommittees
Council Member Bhattarai will be attending the Wastewater Subcommittee City of Hercules Page 5
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City Council Meeting Minutes July 14, 2026
meeting
3. Commission Liaisons
No reports were provided
Council also reported out on events that they attended both locally and regionally. Which included the Foxboro Park ribbon cutting.
Future Agenda Item Request -
Council Member Grimsley had two agenda item requests:
1. A presentation from Bisa French, Executive Director on the Family Justice Center. The council unanimously agreed to have this item come back at a future council meeting.
2. A discussion on a concept similar to 'city stroll' to highlight Hercules small businesses. The council agreed to have this item go to the Economic Development Subcommittee first and then have it come back to council at a future date.
Mayor Kelley called up item: Conditional Use Permit (CUP 26-01) and Design Review Permit (DRP 26-01) for a Retail Store with Drive-Up Donation Operations at 1551 Sycamore Avenue. The Mayors reason for the Call Up was regarding the drive up donation operations and the potential for illegal dumping. The Council unanimously agreed to have the item come back to council at the 7/28 City Council meeting. Council Member Bailey made a motion, seconded by Council Member Grimsley.
The Motion passed 5-0.
XVI. ADJOURNMENT
Mayor Kelly closed the meeting in Mary Horton's honor. The meeting was adjourned at 9:03 P.M.
_________________________________
Chris Kelley, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk
City of Hercules Page 6
138
CONSENT CALENDAR
AGENDA ITEMS
2. 26-188
139
PROCLAMATION
HONORING AND COMMENDING DR. PATE THOMSON, MD FOR HIS
LEADERSHIP AND VISION IN FOUNDING THE ROTACARE WEST CONTRA
COSTA FREE CLINIC, AND HIS CONTINUED COMMITMENT TO ITS
SUCCESS OVER THE PAST 13 YEARS
WHEREAS, Dr. Pate Thomson recognizing the need for access to healthcare services among very low-income, uninsured residents of West Contra Costa County, envisioned and established the RotaCare West Contra Costa Free Clinic in Richmond in 2013; and
WHEREAS, Dr. Pate Thomson, brought together the Rotary Clubs of Berkeley, Albany, Richmond, El Cerrito, San Pablo/El Sobrante, Pinole and Hercules-Rodeo Crockett to collaborate in the creation, support and ongoing success of the RotaCare West Contra Costa Free Clinic; and
WHEREAS, Dr. Pate Thomson led the effort to affiliate the clinic with RotaCare Bay Area as a satellite clinic securing the facility license, regulatory support, operational guidance and organizational foundation needed to serve the community, and went on to serve as a member of the RotaCare Bay Area Board; and
WHEREAS, Dr. Pate Thomson, became the founding Medical Director for the RotaCare West Contra Costa Free Clinic, working diligently over the years to recruit physicians and nurses, Rotarian volunteers, community supporters, and student volunteers through relationships established with pre-medicine undergraduate programs; and WHEREAS, Dr. Pate Thomson has guided the RotaCare West Contra Costa Advisory Committee and the Executive Committee as a visionary thought leader, patiently and steadfastly supporting clinic volunteers and staff through many challenges, including clinic relocations, operational leadership changes and funding needs; and WHEREAS, Dr. Pate Thomson, together with the Advisory Committee, helped ensure that the RotaCare West Contra Costa Free Clinic patients have access to compassionate healthcare services, including free prescriptions, lab work, diagnostic imaging, social services, diabetic supplies and patient education; and WHEREAS, Dr. Pate Thomson’s optimism, unwavering belief in the possible, warmth, strength, kindness and inclusive spirit has inspired others to embrace his vision, work together, overcome challenges, and sustain the clinic’s mission of providing, hope, dignity and compassionate care to those in need.
WHEREAS, there is a deep, unmet need worldwide to educate and support individuals affected by lupus, including their family members and caregivers.
NOW, THEREFORE, BE IT PROCLAIMED, That I, Chris Kelley, Mayor, on behalf of the City of Hercules, hereby recognize and thank Dr. Pate Thomson for his extraordinary vision, exemplary leadership, compassion and dedicated service to the residents of West Contra Costa County.
In witness whereof, I hereunto set my hand and cause the seal of the City of Hercules to be affixed this 28th day of July 2026.
__________________________________
Chris Kelley, Mayor
140
CONSENT CALENDAR
AGENDA ITEMS
3. 26-198
141
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Christopher Roke, Parks and Recreation Director SUBJECT: Contra Costa County Library Commission Seat Appointment RECOMMENDED ACTION:
By minute action, appoint Community and Library Services Commissioner Wylendia Eastman as the City Representative to the Contra Costa County Library Commission.
BACKGROUND:
The Contra Costa County Library Commission was established by the Contra Costa County Board of Supervisors in March 1991. The Commission was created to serve in an advisory capacity to the Board of Supervisors and the County Librarian, and is comprised of 24 members and 4 non-voting (ex-officio) members: 18 members representing cities/towns in Contra Costa County appointed by their respective City Councils; 5 members represent Contra Costa County appointed by the Board of Supervisors; 1 member representing the Central Labor Council; and 4 Ex-Officio members representing the College District, East Bay Leadership Council, Office of Education and the Friends Council. The responsibilities and duties of the Commission are described in its Bylaws, which are accessible online at: https://d4804za1f1gw.cloudfront.net/wpcontent/uploads/sites/72/2019/11/16142500/LC-2019ByLaws-2019E.pdf.
Donna Rennie was serving as the Hercules representative to the County Library Commission, but her term ended on June 30, 2026. Commissioner Wylendia Eastman, who currently serves on the Hercules Community & Library Services Commission, has been serving as the alternate seat on the County Commission was unanimously selected by the Community and Library Services Commission to take on the duties as the Hercules representative to fulfill the current term ending June 30, 2030. Staff recommends the Hercules City Council appoint Commissioner Eastman to this post effective immediately. 142
ANALYSIS:
Pursuant to Hercules Municipal Code Section 2-2.502(e), one member of this Commission shall serve as the City’s Representative to the Contra Costa County Library Commission. That representative shall be nominated by the Commission and such nomination shall be forwarded to the City Council for consideration, such appointment shall be for a period of (4) years.
FISCAL IMPACT:
There is no fiscal impact for this item.
ATTACHMENTS:
None
143
CONSENT CALENDAR
AGENDA ITEMS
4. 26-186
144
1 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Chris Kim, Police Commander
SUBJECT: Acceptance of a grant award from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program
RECOMMENDED ACTION:
Staff recommend the City Council adopt a resolution to accept the grant award of $126,000 from the California Highway Patrol on behalf of the City of Hercules.
EXECUTIVE SUMMARY:
The California Highway Patrol (CHP) administers the Cannabis Tax Fund Grant Program to support enforcement efforts addressing impaired driving associated with cannabis and other controlled substances. The City applied for assistance to address these issues in our community and recently received official confirmation that our grant was approved. As a result, the California Highway Patrol has awarded the Hercules Police Department a Cannabis Tax Fund grant for $126,000 to fund the cost of a new, fully outfitted patrol vehicle and to conduct impaired driving enforcement operations. There is no local match required for acceptance of this grant.
BACKGROUND:
The CHP Cannabis Tax Fund Grant Program focuses on a comprehensive approach to enforce, educate, and encourage compliance with impaired driving laws, with particular emphasis on drug-impaired driving. Education and enforcement are two very important components of collision reduction. The acceptance of the Cannabis grant will allow the Hercules Police Department to bolster its enforcement efforts in these areas of concern through the acquisition of a new, fully outfitted patrol vehicle and dedicated impaired driving enforcement operations.
145
2 ANALYSIS:
The grant award for $126,000 will allow the Hercules Police Department to fund the cost of a new, fully outfitted patrol vehicle and to conduct impaired driving enforcement operations, including saturation patrols and targeted enforcement of individuals driving under the influence of cannabis and other controlled substances. These comprehensive programs have a long-lasting impact in reducing both fatal and injury collisions. Staff recommends that Council accept the CHP Cannabis Tax Fund grant in the amount of $126,000 and authorize the use of these funds for the approved activities. No local match is required.
FISCAL IMPACT:
Acceptance of the Cannabis Tax Fund award will provide $126,000 in funding to support our community's law enforcement services, with no local match required. It will fund the cost of a new, fully outfitted patrol vehicle and assist with the Police Department's expenditure for impaired driving enforcement operations targeting individuals driving under the influence of cannabis and other controlled substances.
ATTACHMENTS:
1. Resolution designating the City Manager as the Authorizing Official to accept the CHP Cannabis Tax Fund grant on behalf of the City of Hercules .
2. CHP Cannabis Tax Fund grant Agreement.
146
HERCULES CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
AUTHORIZING THE STATE OF CALIFORNIA CANNABIS EQUITY ACT GRANT
FUNDS FOR THE PURCHASE OF A PATROL VEHICLE AND IMPAIRED DRIVING
ENFORCEMENT OPERATIONS
WHEREAS, traffic crashes involving impaired drivers continue to pose a significant threat to the safety and well-being of the residents and visitors of the City of Hercules; and
WHEREAS, the City of Hercules is committed to improving public safety through proactive traffic enforcement and education efforts designed to reduce collisions, injuries, and fatalities caused by impaired driving; and WHEREAS, grant funding has been made available through the Cannabis Equity Grants Program, to support local law enforcement traffic safety programs; and WHEREAS, the City of Hercules has determined that the most effective use of these grant funds includes the purchase of a fully equipped patrol vehicle dedicated to traffic safety enforcement and the implementation of impaired driving enforcement operations, including but not limited to DUI saturation patrols, DUI checkpoints, and other specialized traffic enforcement activities; and
WHEREAS, these enforcement efforts will enhance the Department’s ability to detect, deter, and apprehend impaired drivers while improving overall traffic safety within the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
1. The City Council hereby authorizes the City Manager to execute all documents necessary to accept and administer grant funding including any amendments or extensions thereto, and to expend grant funds for the following purposes:
a. The purchase, outfitting, and deployment of one (1) patrol vehicle to support traffic safety enforcement activities; and
b. The planning and execution of impaired driving enforcement operations, including overtime personnel costs, equipment, training, and other eligible grant-funded expenditures consistent with the approved grant agreement.
IT IS FURTHER RESOLVED that any liability arising from the performance of activities conducted under this grant agreement shall remain the responsibility of the City of Hercules, and that the State of California disclaim responsibility for any such liability. 147
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 28th day of July, 2026 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
148
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
30799 ________________________________________________________________
1. GRANT TITLE
FY26/27 CTFGP Law Enforcement – Hercules Police Department
2. NAME OF ORGANIZATION/AGENCY
Hercules Police
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Hercules Police Admin.
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2026 To: 06/30/2027
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $126,000.00
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Dwayne Collard
Title: Commander
Phone: (510) 799-8267
Address: 111 Civic Drive
Hercules, CA 94547
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Elliotte Johnson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Edwin Gato
Title: Finance Director
Phone: (510) 799-8267
Address: 111 Civic Drive
Hercules, CA 94547
149
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360. 150
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
151
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4. 152
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 153
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with 154
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement. 155
Schedule A
Hercules Police
The Grantor determined awards and adjustments based on the Project’s merit, operational scale, compliance with the Request for Application (RFA), and program regulations. Certain activities or budget items proposed in Schedule A may have been deemed ineligible for funding. The final, binding list of authorized activities and expenses is set forth in Schedule B - Detailed Budget Estimate.
Project Description
The Hercules Police Department submits this application for funding under the Cannabis Tax Grant Program to acquire three specialized enforcement vehicles designed to address the escalating public safety crisis of impaired driving in our jurisdiction.
The three vehicles- a Kawasaki Mule off road enforcement vehicle, Ford Explorer patrol vehicle and a Harley Davidson motorcycle, will be deployed exclusively for driving under the influence (DUI) and driving under the influence of drugs (DUID) enforcement operations.
The strategic deployment of these integrated enforcement vehicles will significantly expand our ability to detect and remove impaired drivers from roadways, directly contributing to the reduction of traffic fatalities and injuries caused by alcohol and drug impairment.
Problem Statement
PROBLEM STATEMENT
The Impaired Driving Crisis: Current Need and Scope
California faces an unprecedented public health crisis related to impaired driving. Recent data demonstrates the severity and urgency of this threat:
Drug-Impaired Driving (DUID) - A Growing Threat:
• In 2021, California recorded 751 fatalities directly attributable to drug-involved driving • Of fatally injured drivers tested in California, 52.9% were positive for drugs (legal, prescription, and illegal)
• Drug-involved DUI offenders demonstrate significantly elevated crash risk: they are twice as likely to be involved in crashes following arrest compared to alcohol-focused offenders • Drug-involved offenders are 30% more likely to reoffend, indicating the critical need for enforcement deterrence
• These statistics underscore that drug-impaired driving represents an escalating component of California's overall impaired driving problem
Alcohol-Impaired Driving - Persistent Threat:
• Saturation patrols and DUI checkpoints remain proven, evidence-based enforcement strategies, demonstrating 9-40% reductions in alcohol-related crashes in California • Visible enforcement presence significantly increases perceived risk of apprehension, creating powerful behavioral deterrence
Current Unmet Needs and Operational Gaps
The Hercules Police Department currently faces significant operational limitations in conducting comprehensive DUI/DUID enforcement activities within our jurisdiction:
Limited Off-Road Enforcement Capacity:
The jurisdiction includes rural and off-road areas where impaired drivers operate vehicles, creating significant public safety risks to hikers, day-use visitors, and other community members. The agency currently lacks specialized off-road enforcement equipment to patrol these high-risk zones effectively. This represents a critical enforcement gap where impaired drivers operate with minimal risk of detection. 156
Schedule A
Insufficient Motorcycle Traffic Enforcement:
The agency's aging motorcycle unit is at the end of its service life. A new motorcycle unit will provide dedicated high-visibility traffic enforcement capacity during peak impaired driving periods. and at documented high-incident locations. The distinctive presence of a motorcycle unit creates enhanced community awareness of DUI enforcement efforts and provides superior mobility for rapid response to impaired driving incidents.
Inadequate Primary Patrol Vehicle Resources:
The current patrol vehicle fleet is insufficient to support simultaneous enforcement operations required to achieve meaningful deterrence and apprehension targets. A dedicated Ford Explorer patrol unit is essential for conducting saturation patrols and checkpoint operations necessary to achieve the enforcement presence required to reduce impaired driving incidents.
Targeted Population and Geographic Area
This project serves the entire Hercules community with particular emphasis on:
• High-Risk Geographic Zones: Limited-access trails and off-road areas with elevated DUI/DUID risks due to terrain characteristics and proximity to recreational users • Underserved Enforcement Areas: Geographic zones currently lacking adequate enforcement resources
• Problem-Identified Neighborhoods: Neighborhoods with documented impaired driving concerns and incident concentration
• Peak Impaired Driving Hours: Thursday through Saturday, 9:00 PM to 3:00 AM (peak DUI/DUID occurrence periods)
Performance Measures/Scope of Work (Proposed Solution)
PERFORMANCE MEASURES / SCOPE OF WORK (Proposed Solution) Strategic Framework: Evidence-Based Enforcement
This project employs proven, evidence-based enforcement strategies documented in California research to effectively reduce impaired driving incidents and fatalities. The three specialized vehicles create an integrated enforcement ecosystem enabling simultaneous operations across diverse terrain and roadway conditions.
Goal 1: Expand DUI/DUID Enforcement Capacity and Detection Objective 1.1: Conduct Monthly DUI/DUID Saturation Patrols Activity: Deploy all three vehicles in coordinated saturation patrols targeting high-incident corridors and peak impaired driving hours (Thursday through Saturday, 9:00 PM to 3:00 AM). All enforcement personnel will be trained in DUI/DUID detection protocols, including standardized field sobriety test (SFST) administration and preliminary screening procedures.
Timeline: Monthly patrols commencing August 2026 through June 2027 (12 months) Quantitative Measurements:
• Minimum of 2 saturation patrols per month. Patrols will vary, 6-12 hours each. (24 total patrols) • Target 25% increase in DUI arrests compared to same timeframe, previous year • Target 15% increase in DUID arrests compared to same timeframe, previous year • Minimum 50+ traffic contacts per patrol operation
• Target 2+ DUI/DUID arrests per saturation patrol
Justification: Research demonstrates that saturation patrols create high-visibility enforcement presence, significantly increasing perceived risk of apprehension and deterring impaired driving behavior. California evaluations show 9-40% reductions in alcohol-related crashes following saturation patrol implementation. The addition of specialized vehicles enables simultaneous operations across diverse terrain, multiplying enforcement effectiveness.
157
Schedule A
Objective 1.2: Conduct biyearly DUI/DUID Checkpoints
Activity: Establish and operate DUI/DUID checkpoints at strategically selected locations using all three vehicles to manage traffic flow, conduct preliminary screening, and provide secondary enforcement support.
Checkpoints will be announced in advance to maximize community awareness and behavioral deterrence.
Timeline: Quarterly checkpoints (minimum 1 per quarter) commencing September 2026 through June 2027 Quantitative Measurements:
• Minimum of 2 checkpoints conducted. Checkpoint duration times will vary, 6-10 hours each. • Target 500+ vehicles screened per checkpoint (2,000+ annual screening) • Minimum 6 DUI arrests per checkpoint
• Target 3+ DUID arrests per checkpoint
• Community education materials distributed to 80%+ of screened drivers Justification: DUI checkpoints are proven enforcement tools that maximize detection of impaired drivers while providing community education and behavioral deterrence. Specialized vehicles enhance operational efficiency, officer safety, and traffic management. The Ford Explorer's capacity enables efficient management of high-volume traffic flow while the motorcycle provides visible enforcement presence.
Objective 1.3: Conduct Off-Road Impaired Driving Enforcement Activity: Deploy the Kawasaki Mule to patrol off-road areas, parks, and rural locations where impaired drivers operate vehicles outside traditional roadway enforcement. Off-road patrols address a critical enforcement gap in current operations.
Timeline: Bi-monthly patrols commencing July 2026 through June 2027 Quantitative Measurements:
• Minimum of 2 off-road patrols per month. Patrol times will vary, 6-12 hours. (24 total patrols) • Target 10+ contacts/arrests in off-road environments annually • Documentation of previously unreachable enforcement areas now accessible • Community safety improvement in park and recreational areas Justification: Off-road areas represent a significant enforcement gap where impaired drivers currently operate with minimal detection risk. The Kawasaki Mule enables access to previously unpatrolled areas, increasing enforcement presence, deterrence, and community safety in recreational zones.
Goal 2: Enhance Traffic Enforcement Visibility and Deterrence Objective 2.1: Increase Motorcycle-Based High-Visibility Traffic Enforcement Activity: Deploy the Harley Davidson motorcycle for high-visibility traffic enforcement during peak impaired driving hours and at locations with documented DUI/DUID incidents. The distinctive motorcycle profile serves as a visible deterrent to impaired driving.
Timeline: Daily enforcement activities commencing July 2026 through June 2027 Quantitative Measurements:
• Minimum 4 enforcement shifts per week.
• Target 150+ traffic contacts per month (1,800+ annually) • Minimum 6+ DUI arrests per month from motorcycle enforcement • Target 2+ DUID arrests per month from motorcycle enforcement • Enhanced community visibility and perceived enforcement risk 158
Schedule A
Justification: Motorcycle units provide enhanced visibility and mobility for traffic enforcement, creating a visible deterrent to impaired driving. The Harley Davidson's distinctive profile increases public awareness of DUI/DUID enforcement efforts and provides superior agility for rapid response to impaired driving incidents at high-incident locations.
Objective 2.2: Support DUI/DUID Checkpoint Operations
Activity: Utilize the Ford Explorer as primary checkpoint management vehicle, coordinating traffic flow, managing safety perimeter, providing secondary enforcement support, and managing the checkpoint operation.
Timeline: Integrated into all quarterly checkpoint operations Quantitative Measurements:
• Deployment in all 4 planned checkpoints
• Support for 2,000+ vehicle screenings annually
• Coordination of checkpoint operations ensuring officer safety and public safety • Efficient traffic management enabling maximum screening capacity Justification: The Ford Explorer's capacity, utility, and operational flexibility make it ideal for checkpoint operations, enabling efficient management of high-volume traffic while maintaining officer safety and operational effectiveness.
Goal 3: Support Community DUI/DUID Prevention and Education Objective 3.1: Community Outreach and Awareness
Activity: Utilize the three vehicles as visible platforms for community education events, high school presentations, and public awareness campaigns focused on impaired driving dangers, with particular emphasis on drug-impaired driving risks. The distinctive vehicles serve as mobile education platforms enhancing community engagement.
Timeline: Minimum 2 community events per quarter (8 annually) Quantitative Measurements:
• Target 500+ community members reached per quarter (2,000+ annually) • Positive feedback from 85%+ of attendees
• Educational materials emphasizing both alcohol and drug impairment distributed • High school presentations on DUI/DUID dangers and consequences • Community awareness of enforcement efforts and public safety commitment Justification: Visible enforcement presence at community events reinforces messaging about impaired driving consequences while demonstrating agency commitment to traffic safety. Mobile platforms featuring specialized enforcement vehicles enhance visibility and community engagement.
Project Performance Evaluation
PROJECT PERFORMANCE EVALUATION
Comprehensive Evaluation Plan
The Hercules Police Department will employ a rigorous mixed-methods evaluation approach to assess project effectiveness and impact:
159
Schedule A
Quantitative Metrics:
• DUI arrests and citations (monthly tracking against baseline) • DUID arrests and citations (monthly tracking against baseline) • Vehicles screened at checkpoints (per checkpoint)
• Saturation patrol contacts and arrests (monthly)
• Off-road enforcement contacts and arrests (monthly)
• Traffic citations issued from motorcycle enforcement (monthly) • Comparison of DUI/DUID incident rates pre- and post-implementation • Community survey data on perceived enforcement presence Qualitative Assessment:
• Officer feedback on vehicle utility and operational effectiveness • Community perception surveys regarding DUI/DUID enforcement visibility • Incident reports and officer safety data
• Sustainability indicators for post-grant period
Monitoring and Reporting Plan
Monthly Reports: Tracking of all quantitative metrics against performance targets; comparison to baseline data
Quarterly Reviews: Comprehensive assessment of progress toward annual goals with mid-course corrections as needed
Annual Report: Comprehensive evaluation of project effectiveness, safety impact, and sustainability planning Communication Plan
Project results and effectiveness data will be shared with:
Internal Stakeholders:
• Monthly briefings to agency leadership and enforcement personnel • Quarterly updates to command staff
• Ongoing documentation of enforcement activities and outcomes External Stakeholders:
• Annual community presentation of DUI/DUID enforcement results • Coordination with county traffic safety organizations • Submission of results to California Highway Patrol Cannabis Grants Unit • Sharing of effectiveness data with local government leadership Program Sustainability
The Hercules Police Department is firmly committed to sustaining the DUI/DUID enforcement initiatives established through this grant beyond the Project Performance Period. The following sustainability plan ensures continuity of efforts and long-term community safety benefits.
Long-Term Sustainability Strategy
Year 1
• Establish baseline DUI/DUID enforcement metrics and document operational effectiveness • Integrate vehicle operations into standard agency patrol protocols • Build community awareness and support for DUI/DUID enforcement initiatives Year 2
• Transition vehicle operations to agency operational budget using demonstrated cost-benefit analysis • Integrate DUI/DUID enforcement activities into standard patrol assignments • Explore alternative funding sources (local traffic safety grants, county resources, OTS grants) to sustain operations
• Maintain community education and outreach initiatives 160
Schedule A
Funding Transition Plan
The Hercules Police Department has committed to absorbing the following costs post-grant period:
• Vehicle maintenance and repairs: Estimated $1,000 annually for all vehicles (routine maintenance, tire replacement, fluid service)
• Fuel and operational costs: Estimated $4,500 annually The agency's commitment to traffic safety and documented success in reducing DUI/DUID incidents during the grant period will provide strong justification for sustained local funding allocation. The demonstrated safety impact—measured in lives saved and injuries prevented—creates compelling rationale for continued investment in these enforcement vehicles.
Administrative Support
ADMINISTRATIVE SUPPORT
Organization/Agency Capacity and Experience
The Hercules Police Department is well-positioned to successfully implement and manage this project:
Grant Management Experience:
The agency has successfully managed numerous prior grant awards, including Office of Traffic Safety (OTS) awards, demonstrating competency in grant compliance, reporting, budget management, and performance tracking.
Personnel and Staffing:
• Project Director: Responsible for overall project coordination, reporting, and grant compliance • Enforcement Personnel: Certified traffic enforcement officers dedicated to DUI/DUID enforcement activities
• Administrative Support: Administrative staff members providing scheduling, reporting, and documentation support
All personnel assigned to this project have received or will receive appropriate training in DUI/DUID detection, enforcement protocols, and grant-funded activity documentation.
Knowledge and Training:
• All enforcement personnel have completed or will complete standardized field sobriety test (SFST) training
• Personnel are certified in DUI checkpoint operations and procedures • ----- to enhance DUID detection capability
• Administrative staff are trained in grant reporting requirements and compliance documentation Physical Resources:
• Secure vehicle storage and maintenance facilities available for all three vehicles • Administrative office space dedicated to grant project management and reporting • Equipment and technology infrastructure to support performance tracking and reporting 161
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
30799 Hercules Police $126,000.00
Cost Category Line Item Name Total Cost to Grant
Personnel
DUI Checkpoint $24,000.00
DUI Saturation Patrol $12,000.00
Category Sub-Total $36,000.00
Equipment
DUI Patrol Vehicle - SUV (Includes Outfitting
& Decals) $90,000.00
Category Sub-Total $90,000.00
Grant Total $126,000.00
162
Schedule B-1
Budget Narrative
Hercules Police
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Personnel
DUI Saturation Patrol
$12,000.00
Enforcement Actions:
4 Saturation Patrols
2 Officers ($150/HR) X 10 hours each X 4 operations = $12,000 Rates include benefits.
DUI Checkpoint
$24,000.00
Enforcement Actions:
2 Checkpoints:
8 Officer ($150/HR) X 10 hours X 2 operations = $24,000 Rates include benefits.
Equipment
DUI Patrol Vehicle - SUV (Includes Outfitting & Decals) $90,000.00
DUI/DUID patrol vehicle 1@ $60,000 + outfitting $30,000 = $90,000 for checkpoint and DUI and DUID saturation patrols.
*NOTE: CGU WILL ONLY COVER 1 YEAR RADIO ESSENTIAL SERVICE- AGENCY IS RESPONSIBLE FOR
REMAINING WARRANTY COSTS
163
CONSENT CALENDAR
AGENDA ITEMS
5. 26-201
164
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Christie Crowl, City Attorney
SUBJECT: Ratification of Resolution Approving Contra Costa County Regional Alternative Compliance (RAC) Participation and City’s Joint Powers Authority Representative
RECOMMENDED ACTION:
Council is asked to ratify the attached resolution approving the Contra Costa County Regional Alternative Compliance (RAC) Joint Powers Authority Agreement and designating Jose Pacheco, Associate Engineer, as the City’s representative and Kennedy & Associates as the City’s alternate.
DISCUSSION:
The City Council approved Resolution No. 26-029 at its regular meeting on May 26, 2026 approving and authorizing execution of the Joint Powers Agreement for the City’s participation in the RAC Joint Powers Authority in order to comply with the City’s Municipal Regional Stormwater Permit obligations. Due to an inadvertent error, staff did not confirm its recommended Authority representative, Jose Pacheco, in section 3 of the adopted Resolution. Staff recommends that the City Council ratify its prior approval by confirming that Resolution No.26-029 now includes the following section 3 language:
SECTION 3. The City Council appoints Jose Pacheco, Associate Engineer, as the representative on the JPA’s Board and Frank Kennedy or his designee from Kennedy & Associates as the alternative representative on the JPA’s Board.
ATTACHMENTS:
Attachment 1 Resolution No.26-029
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING
THE JOINT POWERS AGREEMENT BETWEEN PARTICIPATING CITIES, CONTRA
COSTA COUNTY, AND THE CONTRA COSTA FLOOD CONTROL AND WATER
CONSERVATION DISTRICT TO CONSTITUTE THE CONTRA COSTA COUNTY
REGIONAL ALTERNATIVE COMPLIANCE JOINT POWERS AUTHORITY AND
IMPLEMENT THE CONTRA COSTA COUNTY REGIONAL ALTERNATIVE
COMPLIANCE SYSTEM; APPOINTING A BOARD MEMBER AND ALTERNATE;
AUTHORIZING THE JOINT POWERS AUTHORITY TO ESTABLISH ONE OR MORE
COMMUNITY FACILITIES DISTRICTS, ACCEPT APPLICATIONS FROM PROPERTY
OWNERS, ANNEX PROPERTIES TO THE CFD, AND LEVY SPECIAL TAXES TO
FINANCE ON-GOING MAINTENANCE COSTS FOR OFF-SITE GSI PROJECTS
CONSTRUCTED PURSUANT TO THE REGIONAL ALTERNATIVE COMPLIANCE SYSTEM WITHIN OR OUTSIDE THE TERRITORY OF THE CITY OF HERCULES; AND
APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT
WHEREAS, the City of Hercules is a “public agency,” as defined in the Joint Exercise of Powers Act, California Government Code Section 6500, et seq., and is authorized to enter into an agreement to exercise powers common to the member public agencies;
WHEREAS, the City of Hercules desires to participate in the Contra Costa County Regional Alternative Compliance (“RAC”) System, which is a program designed to offer a flexible, cost-effective, and scientifically defensible compliance option for the Municipal Regional Stormwater National Pollutant Discharge Elimination System ("NPDES") Permit issued by the San Francisco Bay Regional Water Quality Control Board, Permit No.
CAS612008;
WHEREAS, the proposed joint powers authority (“JPA”) is being be formed to (i) establish a community facilities district (“CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (“Mello-Roos Act”) in order to finance on-going maintenance costs for “Off-Site GSI Projects” constructed pursuant to the RAC System, and (ii) take other actions in furtherance of the RAC System; WHEREAS, a joint exercise of powers agreement between participating cities, Contra Costa County, and the Contra Costa Flood Control and Water Conservation District has been prepared to establish the proposed JPA that will implement the RAC System;
WHEREAS, the proposed agreement will take effect on the earlier of July 1, 2026, provided that two proposed member agencies have executed the agreement by such date, or when all proposed member agencies have executed the agreement; WHEREAS, each member of the proposed JPA may appoint a representative to serve on the JPA’s Board and an alternative member to serve in the absence of the appointed representative;
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WHEREAS, the City of Hercules’s legislative body desires to participate in the RAC System and to adopt the Agreement; and
WHEREAS, with respect to the CFD:
(1) the JPA may establish the CFD to finance the maintenance of OffSite GSI Projects pursuant to Section 53313.5(f) of the Mello-Roos Act, which authorizes community facilities districts to finance the acquisition, improvement, rehabilitation, or maintenance of any real or other tangible property, whether privately or publicly owned, for flood and storm protection services, including, but not limited to, storm drainage and treatment systems; (2) the City of Hercules desires to allow the owners (“Participating Owners”) of property being developed within its jurisdiction (“Participating Properties”) to participate in the CFD in order to finance on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System, whether those Off-Site GSI Projects are located within the boundaries of the City of Hercules or not, and to allow the JPA to conduct proceedings to form the CFD, annex Participating Properties to the CFD and levy special taxes on such Participating Properties;
(3) both the JPA and the City of Hercules are “local agencies” under the Mello-Roos Act;
(4) the Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agreement or joint exercise of powers agreement to exercise any power authorized by the Mello-Roos Act; (5) the City of Hercules desires to enter into such an agreement with the JPA to authorize the JPA to form the CFD and annex to the CFD Participating Properties located within the territorial limits of the City of Hercules for the purpose of financing the maintenance of Off-Site GSI Projects, whether those Off-Site GSI Projects are located within the boundaries of the City of Hercules or not; and
(5) the City of Hercules will not be responsible for the conduct of any proceedings to form the CFD, annex Participating Properties to the CFD, levy or collect special taxes, or any required remedial action in the case of delinquencies in such special tax payments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY DETERMINE, FIND AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves the “Joint Powers Agreement Between Participating Cities, Contra Costa County, and the Contra Costa Flood Control 167
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13074-0002\3224180v3.doc
and Water Conservation District for Implementation of the Contra Costa County Regional Alternative Compliance System,” attached hereto as Exhibit “A” to this Resolution.
SECTION 2. Prior to the effective date of the Agreement, the City Council hereby authorizes minor and technical revisions to the Agreement approved in Section 1 that do not change the overall intent of the Agreement or increase liability or cost exposure.
SECTION 3. The City Council appoints Jose Pacheco, Associate Engineer, as the representative on the JPA’s Board and Frank Kennedy or his designee form Kennedy & Associates as the alternative representative on the JPA’s Board.
SECTION 4. The City Council authorizes the City Manager to execute the Agreement.
SECTION 5. Direct staff to take such actions as necessary to participate in the RAC System, including preparation of an ordinance to revise the City’s stormwater ordinance to incorporate participation in the RAC System as an approved alternative compliance for meeting applicable stormwater treatment requirements.
SECTION 6. Authorize staff to collaborate with the RAC JPA Administrator to support RAC System implementation.
SECTION 7. The Agreement, together with the terms and provisions of this Resolution, shall together constitute a separate joint community facilities agreement between the City of Hercules and the JPA under the Mello-Roos Act for the CFD. The City Council hereby authorizes the JPA to form one or more community facilities districts to accomplish the purposes of this Resolution, and each such community facilities district shall constitute a CFD as that term is used in this Resolution.
The adoption by the JPA of a resolution of intention to form the CFD under the MelloRoos Act to finance on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System shall constitute acceptance by the JPA of the terms of this Resolution with respect to such CFD.
This Resolution shall constitute full approval under Section 8.2 of the Agreement for the JPA to undertake and conduct proceedings under the Mello Roos Act to form the CFD with boundaries that include Participating Properties within the City of Hercules’s jurisdiction, to annex Participating Properties within the City of Hercules’s jurisdiction to the CFD, and to levy a special tax on such Participating Properties; provided that the Participating Owners, who shall be the legal owners of such property at the time of formation of the CFD or annexation to the CFD, as applicable, execute a ballot or unanimous approval in favor of the levy of the special tax in accordance with the MelloRoos Act.
The City Council hereby determines that the Agreement, together with the terms and provisions of this Resolution, are beneficial to the residents/customers of the City Council and of the future residents of the area within the CFD. 168
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The City Council hereby determines that all of the Off-Site GSI Projects constructed pursuant to the RAC System that will be maintained by Participating Properties within the City of Hercules’s jurisdiction are necessary to meet increased demands placed upon the City of Hercules as a result of development occurring or expected to occur within the City of Hercules.
The City Council hereby consents to the formation of, and annexation of Participating Properties to, the CFD in accordance with this Resolution, and consents to the assumption of jurisdiction by the JPA for the proceedings respecting the CFD with the understanding that the JPA will hereafter take each and every step required for or suitable for consummation of the proceedings to form the CFD or annex Participating Properties to the CFD, and the levy, collection and enforcement of the special tax, all at no cost to the City of Hercules and without binding or obligating the City of Hercules’s general fund or taxing authority.
The City Council hereby authorizes and directs appropriate officials and staff of the City of Hercules to execute and deliver such certificates, agreements and documents, and to take all such other lawful actions, as are reasonably required by the JPA in accordance with the formation of the CFD, the annexation of Participating Properties to the CFD, the levy of special taxes and the financing of on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 26th day of May, 2026 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
The foregoing Resolution was ratified at a regular meeting of the City Council of the City of Hercules held on the 28th day of July, 2026 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:
169
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________________________________
Eibleis Melendez, City Clerk
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EXHIBIT A
FORM OF AGREEMENT
171
CONSENT CALENDAR
AGENDA ITEMS
6. 26-187
172
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Edwin Gato, Director of Finance
SUBJECT: Adopt a Resolution authorizing the City Manager to execute a professional service agreement with RSG to administer the Housing Successor Agency Housing Loan Program and Business
Development Loan Program in the amount not to exceed $87,950 RECOMMENDED ACTION:
Staff recommend that the City Council consider adopting a resolution to authorize the City Manager to enter into a professional service agreement with RSG. This agreement will continue to facilitate the administration of the Housing Successor Agency’s Housing Loan Program and the Business Development Loan Program, with an expenditure not to exceed $87,950.
BACKGROUND:
In 2012, California's state law dissolved redevelopment agencies throughout the state. At that time, the City opted not to become a Housing Successor, which would have allowed it to retain the former agency's housing assets and functions. As a result, the Contra Costa County Housing Authority became the Housing Successor by default, but it refused to accept any transfer of assets. Consequently, the loans from the former agency went unmanaged for several years.
Due to the Authority's decision not to carry out Housing Successor functions, the City elected to become the Housing Successor on February 27, 2024. This designation allows the City to access over $4.9 million in affordable housing funds collected from housing loan repayments since the dissolution. Additionally, the City may now resume administering outstanding housing loans issued by the former agency. 173
ANALYSIS:
As the Housing Successor, the City is responsible for managing 77 loans originally issued by the former agency. In September 2023, RSG was hired to review the loan documents, confirm the status of the outstanding loans, and determine the appropriate next steps for both performing and non-performing loans.
RSG's review revealed that out of the 77 loans, 47 are collectible while 30 are deemed uncollectible. Among the 47 active loans, 21 are performing (with no overdue balances), and 26 are non-performing (with overdue balances). The City Council has instructed staff to write off uncollectible loans, continue managing performing loans, and restructure nonperforming loans.
RSG will continue to work alongside the City to assist with the administration of the former redevelopment agency loans. The details of these services are outlined in the attached proposal.
FISCAL IMPACT:
There are adequate funds available for this agreement through the Housing Successor (Fund No. 640), which is financed by the repayment of Housing Loans and is specifically designated for Housing Successor-related activities. The scope of work outlined falls within the jurisdiction of the Housing administration and qualifies as an eligible expense for this funding source. Staff requests that the City Council approve the appropriation for the professional services agreement as detailed below:
Funding Sources Account Number Amount
Housing Successor Fund 640-6000-611.40-00 $87,950
ATTACHMENTS:
Attach 1 - Resolution
Attach 2 - RSG Proposal
174
HERCULES CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RSG IN THE AMOUNT OF $87,950 FOR THE ADMINISTRATION
OF THE HOUSING SUCCESSOR AGENCY HOUSING LOAN PROGRAM AND BUSINESS DEVELOPMENT LOAN PROGRAM, APPROPRIATING $87,950 FROM
THE HOUSING SUCCESSOR FUND TO FULLY FUND THE AGREEMENT
WHEREAS, on February 27, 2024, the City elected to become Housing Successor; and WHEREAS, as Housing Successor, the City resume the administration of outstanding housing loans issued by the Former Agency; and
WHEREAS, the City is responsible for administering 77 loans issued by the Former Agency; and
WHEREAS, after reviewing the loan documents, it was found that 47 loans are collectible, and 30 loans are uncollectible; and
WHEREAS, on July 9, 2024, the City Council directed staff to write-off the uncollectible loans, leaving a loan portfolio of 47 active loans. 21 loans are performing (no overdue balance), and 26 loans are non-performing (carry an overdue balance); and WHEREAS, the Agreement with RSG provides a scope of services to administer the Housing Successor Agency housing loan program and business development loan program; and
WHEREAS, there is sufficient funding in the Housing Successor Agency’s Fund to cover the cost of this Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves a professional services agreement with RSG in the amount of $87,950 for the administration of the Housing Successor Agency’s housing loan program and the business development loan program, and appropriates $87,950 from the Housing Successor Fund to fully fund the Agreement, and authorizes the City Manager to execute the agreement on behalf of the City Council. 175
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 28th of July 2026 by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Chris Kelley, Mayor
ATTEST:
Eibleis Melendez, City Clerk
176
714.541.4585
RSGSOLUTIONS.COM
PROPOSAL FOR CONSULTING SERVICES TO
CITY OF HERCULES
ADMINISTER THE HOUSING SUCCESSOR AGENCY HOUSING
LOAN AND BUSINESS DEVELOPMENT LOAN PROGRAMS
177
S A N D I E G O • L O S A N G E L E S • O A K L A N D
170 Eucalyptus Ave. Suite 200, Vista, CA 92084 | 714.541.4585. | rsgsolutions.com June 29, 2026
Edwin Gato, Finance Director
City of Hercules
111 Civic Drive
Hercules, CA 94547
PROPOSAL FOR FISCAL YEAR 2026-27 HOUSING LOAN PROGRAM
ADMINISTRATION
Dear Mr. Gato,
Thank you for considering RSG, Inc. (“RSG”) to continue administering the City of Hercules (“City”) Housing Successor Agency Loan Program (“Housing Loan Program”) and the former Hercules Redevelopment Agency’s (“Former Agency”) Business Development Loan Program (collectively, the “Loan Programs”). Since September 2023, RSG has supported the City by reviewing loan files, confirming loan status, and establishing an administration framework to guide both performing and non-performing loans.
Following the City’s February 27, 2024, election to become the Housing Successor, the City assumed responsibility for loans issued under multiple housing and business programs. This proposal builds on RSG’s prior work and provides a scope of services to support ongoing loan administration, including portfolio management, loan servicing, and implementation of strategies to address non-performing loans through borrower coordination, negotiations, and preparation of loan amendment documents.
We value our partnership and look forward to continuing to support the City in this capacity.
Should you have any questions, please do not hesitate to contact me at [email protected] or by phone at 714.316.2120, or Rosa Romero at [email protected] or 714.316.2114.
Sincerely,
Jim Simon, Principal
178
RSG COMPANY PROFILE ...................................................................................................... 1 Mission Statement ............................................................................................................................1 Core Values........................................................................................................................................1 RSG QUALIFICATIONS .......................................................................................................... 2 SCOPE OF WORK .................................................................................................................. 3 COST PROPOSAL / ESTIMATED FEES ................................................................................. 5 179
1 RSG COMPANY PROFILE
RSG, Inc. (“RSG”) is a Subchapter “S” Corporation. Founded in 1979, the firm is managed by active Principals Jim Simon and Tara Broughton. RSG’s corporate address is 170 Eucalyptus Ave., Suite 200, Vista, CA 92084, and we have three hubs in California (San Diego, Los Angeles, and Oakland) where we collaborate periodically as a team to accommodate the needs of our clients and growing firm.
RSG is a creatively charged consultant to California public agencies. We collaborate with the people responsible for creating vibrant places to accomplish their goals. The inspired leaders at RSG create stronger communities capable of achieving bolder futures by bringing more than four decades of native knowledge to each engagement. As diverse as the agencies we work with, our services span real estate, economic development, fiscal health, and housing initiatives.
RSG’s federal taxpayer identification number is 95-343-5849 and State taxpayer identification number is 27600915. RSG is also a State certified Small Business Enterprise (SBE – 2006876 DGS).
MISSION STATEMENT
RSG creates solutions to enhance communities’ physical, economic, and social future.
CORE VALUES
Our core values define who we are as people and the standards by which we provide services to our clients.
180
2 RSG QUALIFICATIONS
RSG is uniquely qualified to provide these services based on our direct experience administering the City of Hercules’ loan programs. RSG has worked closely with the City to review and organize legacy loan files, confirm loan status, and develop the initial framework for ongoing program administration. This work included evaluating both housing and business loan programs, identifying compliance considerations, and establishing procedures to address performing and non-performing loans. Through this effort, RSG developed a comprehensive understanding of the City’s portfolio, including lien positions, loan terms, and historical servicing gaps, and prepared the foundation for the Administrative Plan. Building on this experience, RSG is well-positioned to implement, refine, and expand the City’s loan administration and restructuring protocols in a manner that is both compliant with current law and responsive to the City’s operational needs.
181
3 SCOPE OF WORK
RSG will continue to work alongside the City to assist with loan administration of former redevelopment agency loans. Our services are described in the following tasks.
Task 1. Update Loan Program Administration Plan - RSG will update the City’s Loan Program Administrative Plan to address “zombie” subordinate residential mortgage loans in accordance with Assembly Bill 130 (AB 130) (Civil Code § 2924.13), which was signed into law on June 30, 2025. For purposes of the Administrative Plan, “zombie loans” refer to subordinate residential mortgage loans that have experienced extended periods of servicing inactivity and may be subject to restrictions on nonjudicial foreclosure under AB 130. This includes establishing criteria for evaluating the following:
o Borrower hardship
o Outstanding loan balance and equity position
o Feasibility of repayment plans or settlement
o Payment plans
o Loan re-amortization
o Discounted payoff or settlement (subject to City approval thresholds) o Templates associated with zombie loans
o Monitoring and outreach documentation
RSG will meet with City staff to review and finalize the updated plan with City Attorney review and approval.
Task 2. Non-performing Loan Administration- RSG will undertake the following steps to address non-performing loans and facilitate repayment or restructuring. For loans in first-lien position, steps (a) through (d) apply. For loans classified as “zombie loans,” steps (a), (b), and (d) apply; however, step (c) will focus on borrower engagement and restructuring rather than demand for payment.
a. Identify loan terms and provisions that may be renegotiated based on the Administrative Plan.
b. Coordinate with City staff to obtain and review Preliminary Title Reports to confirm lien position and existing encumbrances.
c. RSG will initiate borrower outreach: For first-lien loans, correspondence will identify amounts past due and request payment. For zombie loans, correspondence will notify borrowers of the loan, provide an estimated balance, 182
4 and request engagement to discuss restructuring options, including repayment plans, settlement, or payoff in connection with refinance or sale. d. Coordinate with the City Attorney on revised loan and ancillary document templates. Draft borrower-specific amendment documents based on City Attorney-approved templates, and City staff will record documents with the County Recorder.
Task 3. Ongoing Loan Administration Protocols – These services include:
o Maintaining a database for complete and defensible loan files (loan documents, servicing history, communications log). RSG will rely on City staff to provide updated loan balances and payment history on an ongoing basis since RSG does not have access to the City's accounting files.
o Coordinate with Finance, escrow, or title to prepare the current payoff upon sale or finance, including calculations of principal, interest, and any applicable equity-sharing provisions
o Correspond and provide customer service with borrowers regarding the existence of the loan, current estimated balance, applicable repayment terms and available resolution options (payoff, payment plan, settlement) o Follow-up correspondence for non-responsive (“silent”) borrowers Task 4. Annual Monitoring and Compliance Review - RSG will perform annual monitoring of the loan portfolio to confirm borrower ownership of the property. RSG will verify lien status through title review or monitoring tools and identify any changes in borrower status (sale, refinance, transfer, probate). RSG would provide the following:
o Track and manage a database for loans being monitored. o Send notice and certification of occupancy
o Issue a confirmation notice to the homeowners
o Issue a memo summarizing the overall compliance of the annual monitoring Up to $5,500 in preliminary title reports, other third-party reports, and mailing costs are included in RSG’s fee proposal. The City shall be responsible for ordering and paying for reports that exceed this amount, or reimbursing RSG outside of the negotiated contract amount.
Task 5. As Needed and Advisory Services - The City may periodically request assistance on loan-specific or programmatic issues that require research, analysis, and recommended approaches. RSG will provide as-needed support to respond to these inquiries and develop appropriate courses of action based on applicable law, program requirements, and available documentation up to the budgeted contract amount.
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5 As-needed services may include, but are not limited to:
o Historical Loan and File Research - Review of legacy loan files, servicing history, and prior City or Redevelopment Agency (RDA) actions to determine loan status, enforceability, and documentation gaps.
o Regulatory and Legal Applicability Analysis - Evaluation of current law (including AB 130 and other applicable statutes) and its impact on enforcement, restructuring, or recovery options.
o Administrative and Transactional Review - Assessment of prior City/RDA real estate transactions, loan agreements, and recorded documents to clarify obligations, restrictions, and potential remedies.
o Reconveyance and Title Resolution Support - Preparation of reconveyance packages and supporting documentation in cases where loans were previously defaulted, paid, or where the City’s lien position was not preserved. o Strategy Development and Recommendations - Development of recommended approaches to address complex or unique loan scenarios, including enforcement alternatives, settlement considerations, and risk mitigation strategies.
o Coordination with City Staff and Legal Counsel - Collaboration with City staff and the City Attorney, as needed, to confirm recommended actions and to review consistency with City policies and legal requirements.
COST PROPOSAL / ESTIMATED FEES
RSG proposes to provide these services on a time-and-materials basis in accordance with our standard billing rates within a total budget not to exceed $87,950 for fiscal year 2026-27. RSG has included a third-party cost to pay for such items as preliminary title reports and mailings.
Assignments will be initiated on an as-needed basis through task orders with mutually agreed scopes, budgets, and schedules.
City of Hercules Principal Director
Senior
Associate Analyst Total Total
Scope of Service $305 $295 $250 $170 Hours
Loan Administration
Task 1: Loan Program Administration Pan Update 1 15 10 10 36 $8,930 Task 2. Non-performaing Loan Administration 1 40 20 20 81 $20,505 Task 3. Ongoing Loan Administration Protocols 1 15 30 30 76 $17,330 Task 4. Annual Monitoring and Compliance Review 1 15 30 30 76 $17,330 Task 5: As Needed Services and Advisory Services 1 30 30 10 71 $18,355 Subtotal 5 115 120 100 340 $82,450
Third Party Cost - Preliminary Title Reports and Mailing Costs $5,500 Grand Total for FY 2026-27 5 115 120 100 340 $87,950
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6 RSG would bill for these services based on the fee schedule and billing policies below.
Fee Schedule
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services and overnight shipping/express, and mail costs related to administering the loans. We also charge for copies of reports, documents, notices, and support material in excess of five copies. We bill reimbursable costs at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended, and the hourly rate.
Principal $305
Director $295
Senior Associate $250
Associate $205
Senior Analyst $185
Analyst $170
Research Assistant $145
Technician $120
Clerical $100
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7 CORPORATE ADDRESS
170 EUCALYPTUS AVE.
SUITE 200
VISTA, CA 92084
CONTACT
714-541-4585
[email protected]
RSGSOLUTIONS.COM
DRE Corporate #01930929
SAN DIEGO
LOS ANGELES
OAKLAND
WE LEVERAGE OPPORTUNITY
FOR YOUR CITY IN THE
FOLLOWING AREAS:
AFFORDABLE HOUSING
ECONOMIC DEVELOPMENT
FISCAL HEALTH
REAL ESTATE
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CONSENT CALENDAR
AGENDA ITEMS
7. 26-197
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, City Manager
SUBMITTED BY: Mike Roberts, Interim Public Works Director SUBJECT: Contract Amendment with BKF Engineers, Inc. in the amount of $51,855 for Construction Management, Inspection and Quality Assurance Testing Services for the Refugio and Foxboro Park Improvements Project
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to execute Contract Amendment No.1 with BKF Engineers, Inc. (BKF) in the amount of $51,855 for the Construction Management, Inspection and Quality Assurance Testing Services for the Refugio and Foxboro Park Improvements Project, including a transfer of $40,855 from the construction contingency to fully fund the amendment, for a total contract amount of $233,925.
BACKGROUND:
The facility improvements included in this project will improve the public’s experience in Refugio and Foxboro Parks, while extending the lifespan of key assets and reducing future maintenance costs. The work at Refugio Park includes installation of prefabricated shade structures provided by the City, paving and concrete work, new site furniture, accessible parking enhancements and new sod and landscape planting. An alternate bid item was included for provision of a Type II slurry seal on the parking lot and entrance road.
The work at the Foxboro Park basketball court includes new asphalt paving around the perimeter of the existing basketball court, seal coat and court striping of the entire basketball court and new basketball standards. The existing playground equipment and 188
surfacing will be demolished and disposed, new drainage fill and resilient surfacing installed, and new playground structures provided by the City will be installed.
Bids for construction of the improvements were received on Tuesday, December 16, 2025, with Frontline General Engineering Construction, Inc. (Frontline) having submitted the low bid, including an alternate bid item to slurry seal the Refugio Valley Park parking lot, in the total amount of $895,814.00. At the January 13, 2026 City Council meeting, the construction contract for the project was awarded to Frontline, including the alternate, for the low bid amount of $895,814. At that time, City Council authorized an additional expenditure of up to $89,581 for a 10% contingency for a total not to exceed construction contract amount of $985,395. City Council also determined that the Project was exempt from California Environmental Quality Act (“CEQA”) review pursuant to CEQA Guidelines section 15301 for work related to existing facilities.
Construction management for this project was needed to handle contract administration, invoicing, inspections, quality assurance testing services and management of the project through the closeout phase. Staff requested proposals from three construction management firms on the pre-qualified engineering vendor list. Only one firm, BKF, provided a quote for the construction management services. BKF’s scope of work includes:
Construction Management
Inspection Services
Post-Construction Closeout
Quality Assurance and Laboratory Testing (provided by Inspection Services, Inc.) BKF is a long-standing, highly reputable engineering firm. At the January 27, 2026 City Council Meeting, BKF was awarded a professional services agreement for construction management with MNS serving as their inspection subconsultant for the not to exceed amount of $193,070. However, the agreement was executed for $182,070 because MNS subsequently merged into BKF and BKF eliminated their subconsultant management fees, resulting in $11,000 in cost savings.
ANALYSIS:
Construction on the Refugio and Foxboro Park Improvements Project began on March 16, 2026 and was anticipated to be completed no later than June 22, 2026. However, the project has taken longer to complete than originally anticipated and a higher level of oversight was needed by BFK than originally scoped.
The cause(s) for this request to increase the contract amount include: unanticipated minor changes to the scope of the construction contract including replacement of sand base 189
beneath new playground equipment, additional time and costs associated with inspection of delayed and weekend work, and project scheduling issues with the contractor.
ENVIRONMENTAL REVIEW:
The City Council previously determined that the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301 which allows minor alterations to existing facilities without further review. Approval of this amendment to BKF’s professional services agreement for construction management services is within the scope of that Project and will not result in additional or new impacts as Frontline will be implementing the Project as approved.
FISCAL IMPACT:
The adopted budget for the Refugio and Foxboro Park Improvement Project is as follows:
Funding Sources:
General Fund/Capital Reserves $1,037,136.00
Community Development Tax $170,000.00
Total Revenue $1,207,136.00
Expenditures accounts:
Construction Contract $ 895,814.00
10% Contingency $ 89,581.40
Engineering Services During Construction $193,070.00
Total Expenditures $1,178,465.40
To stay within the overall project budget, it is proposed $40,855 from the 10% construction contingency funding be transferred to partially fund Change Order No.1. Said $40,855, when combined with the $11,000 cost savings from the original $193,070 Council authorization, will fully fund the $51,855 amendment to BKF’s construction management contract. With this fund transfer, $21,726 in construction contingency funding will remain for any additional unanticipated expenditures as follows:
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Original Construction Contract Contingency Amount $89,581 Transfer Out to Construction Management $40,855
Proposed Construction Contingency Amount $48,726
Change Order No.1 Remove Sand Subbase $19,000
Change Order No.2 Add/Relocate Irrigation Valves $ 1,000 Change Order No.3 Adjustment to Final Quantities $ 7,000 Remaining Construction Contingency $21,726
The proposed budget for the Refugio and Foxboro Park Improvement Project therefor is as follows:
Funding Sources:
General Fund/Capital Reserves $1,037,136.00
Community Development Tax $170,000.00
Total Revenue $1,207,136.00
Expenditures accounts:
Construction Contract $ 895,814.00
Contingency $ 48,726.00
Construction Management Contract $182,070.00
Contract Amendment No.1
Funding Available from Original Authorization $ 11,000
Transfer in from Construction Contingency $ 40,855
Contract Amendment No.1 Total $ 51,855
Total Construction Management Contract $233,925.00
Total Expenditures $1,178,465.40
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Contract Amendment
Attachment 3 – Professional Services Agreement with BKF Engineers for Construction Management, Inspection and Materials Testing Services for the Refugio and Foxboro Park Improvements Project
191
HERCULES CITY COUNCIL
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO.1 WITH BKF ENGINEERS, INC. (BKF) IN THE AMOUNT OF $51,855 FOR THE CONSTRUCTION MANAGEMENT, INSPECTION AND QUALITY
ASSURANCE TESTING SERVICES FOR THE REFUGIO AND FOXBORO PARK IMPROVEMENTS PROJECT, INCLUDING A TRANSFER OF $40,855 FROM THE
CONSTRUCTION CONTINGENCY TO FULLY FUND THE AMENDMENT, FOR A TOTAL CONTRACT AMOUNT OF $233,925
WHEREAS, On December 16, 2025, the City received bids for the Refugio and Foxboro Park Improvements Project (“Project”), with Frontline General Engineering Construction, Inc. submitting the low bid, inclusive of the alternate bid item; and WHEREAS, on January 13, 2026, the City Council awarded the project construction contract to Frontline General Engineering Construction Inc. and determined that the Project was exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (existing facilities); and WHEREAS, on January 27, 2026, the City awarded the construction management, inspection, and quality assurance testing services contract to BKF Engineers, Inc. (BKF) in the amount of $193,070 to support management of the construction for this project inclusive of Construction Management, Inspection Services, Post-Construction Closeout and Quality Assurance and Laboratory Testing; however, $11,000 in cost savings was subsequently incorporated into the scope of work and the executed construction management contract was in the amount of $182,070; and
WHEREAS, Contract Amendment No. 1 in the amount of $51,855 is now needed to address unanticipated minor changes to the scope of the construction contract including replacement of sand base beneath new playground equipment, additional time and costs associated with inspection of delayed and weekend work, and project scheduling issues with the contractor; and
WHEREAS, a transfer of $40,855 from the construction contingency combined with the $11,000 in cost savings will fully fund Contract Amendment No. 1 in the amount of $51,855 with the remaining construction contingency projected to be sufficient to fully fund the construction contract; and WHEREAS, there is sufficient funding in the Adopted FY 2025-26 Budget to fully fund the construction and construction management services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
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1. The City Council hereby finds that amendment of the Professional Services Agreement for construction management services is within the scope of the Project and does not require further environmental review under CEQA.
2. The City Council hereby authorizes the City Manager to execute Contract Amendment No.1 with BKF Engineers, Inc. (BKF) in the amount of $51,855 for the Construction Management, Inspection and Quality Assurance Testing Services for the Refugio and Foxboro Park Improvements Project, including a transfer of $40,855 from the construction contingency to fully fund the amendment, for a total contract amount of $233,925,
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 28 th day of July, 2026 by the
following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
193
Refugio and Foxboro Park Improvements Original Agreement No. 26-002 Project No. 63061, PR2501, 63088 City Council Resolution No. /crn5/ Amendment No. 1
AMENDMENT NO. 1
This Amendment (“Amendment”) to the January 27, 2026 Refugio and Foxboro Park Improvements Project No. 63061, PR2501, 63088 (“Agreement”), by and between the City of Hercules (“City”) and BKF Engineers (“Consultant”), is entered into and effective as of July 28, 2026.
Recitals
A. On January 27, 2026, the Parties entered into an Agreement for Refugio and Foxboro Park Improvements Project No. 63061, PR2501, 63088 . The Agreement, including any amendments thereto, are incorporated herein by reference.
B. The Parties now wish to amend the Agreement as set forth below.
Terms
1. Modifications to Agreement. The Parties agree to amend the Agreement as follows:
1.1. Compensation. The not-to-exceed amount for the Agreement, as set forth in the Agreement and as modified by any subsequent amendments thereto, is hereby increased by an additional $51,855.07, for a total not-to-exceed amount for the Agreement of $233,925.07.
1.2. Changes. The Services under the Agreement are modified as set forth in Attachment A, which is attached hereto and incorporated herein.
1.3. Additional Services. Consultant will provide to City the Additional Services specified in Attachment A, which is attached hereto and incorporated herein.
2. General Provisions.
2.1. Recitals. The Recitals are true and correct and hereby made part of this Amendment.
2.2. Limitations. Except as expressly modified by this Amendment, all provisions of the Agreement, including any attachments and amendments thereto, remain in full force and effect.
2.3. Defined Terms. Any capitalized terms not otherwise defined in this Amendment have the meaning specified in the Agreement.
2.4. Interpretation. The terms of this Amendment have been negotiated by the Parties and the language used in this Amendment is deemed to be the language chosen by the Parties to express their mutual intent. This Amendment supersedes all prior negotiations, 194
Refugio and Foxboro Park Improvements Original Agreement No. 26-002 Project No. 63061, PR2501, 63088 City Council Resolution No. /crn5/ Amendment No. 1
understandings, and agreements between the Parties pertaining to the subject matter of this Amendment, whether written or oral. This Amendment will be construed without regard to any presumptions or rules of construction against the drafting Party.
2.5. Approval. This Amendment was approved by the City Council or the City Manager, if the City Manager is authorized to approve the Amendment, on July 28, 2026.
2.6. Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Amendment is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.
2.7. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signatures, which will be deemed an original signature for all purposes and will have the same force and effect as an original signature.
[Signatures are on the following page.]
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Refugio and Foxboro Park Improvements Original Agreement No. 26-002 Project No. 63061, PR2501, 63088 City Council Resolution No. /crn5/ Amendment No. 1
The Parties agree to the terms of this Amendment as witnessed by the signatures below:
CITY OF HERCULES – City Signer CITY ATTORNEY – Approved as to Form By: /s4/ By: /s3/
Name: /n4/ Name: /n3/
Title: /t4/ Title: /t3/
Date: /d4/ Date: /d3/
CITY OF HERCULES – Attest
By: /s5/
Name: /n5/
Title: /t5/
Date: /d5/
BKF ENGINEERS
By: /s1/
Name: /n1/
Title: /t1/
Date: /d1/
BKF ENGINEERS - Second Signer
By: /s2/
Name: /n2/
Title: /t2/
Date: /d2/
Please upload completed Insurance Form here:
/IF1/
/i3/
Attachment(s):
Attachment A
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Refugio and Foxboro Park Improvements Original Agreement No. 26-002 Project No. 63061, PR2501, 63088 City Council Resolution No. /crn5/ Amendment No. 1
Attachment A
SUBJECT: CM Amendment Request for Refugio & Foxboro Park Improvement Project, City Projects 63061, PR2501, 63088; Agreement No. 26-002 This letter is a follow up to our telephone call on June 25, 2026 regarding an increase in our contract amount to cover additional expenses incurred as a result an increase of services required to keep the project progressing and for the extended duration of the construction work.
The cause(s) for this request to increase the contract amount include: unanticipated minor changes to the scope of the construction contract including replacement of sand base beneath new playground equipment, additional time and costs associated with inspection of delayed and weekend work, and project scheduling issues with the contractor
As you are aware, the original construction completion date was June 22, 2026. With the approved contract changes, as well as delays caused by the Contractor, the new anticipated completion date is now on or just after July 17, 2026.
The following is a summary of BKF costs to date with anticipated costs to complete the work through July 8, 2026. Any work beyond July 8, 2026 is not included and will be absorbed by BKF as a gesture of goodwill in getting this project to completion.
Prolonged punch list completion durations have now extended the anticipated completion date to July 17, 2026
197
Refugio and Foxboro Park Improvements Original Agreement No. 26-002 Project No. 63061, PR2501, 63088 City Council Resolution No. /crn5/ Amendment No. 1
Total
Hours Hourly Total
June July
Resident
Engineer 432 16 59 $285 $16,815
Construction
Inspector 96 24 86 $230 $27,600
Project
Manager 2 2 4 $145 $ 580
Materials
Testing $ 6,860
Total $51,855
We estimate the additional costs, above the current authorized contract amount, associated with the work described above in June and July for closeout to be $51,855.07. BKF respectfully requests that the City of Hercules prepare a contract amendment to cover the above described increased costs so we can continue work through completion of the project. Please contact me with any questions at 510-932- 4621 or [email protected].
Previously Invoiced
March 40,090.00
April 41,835.00
May 64,365.00
June 70,450.07
July 17,185.00
Total $233,925.07
Contract Amount $182,070
Requested Increase $51,855.07
198
Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on January 27, 2026, between the City of Hercules, a California municipality (“City”), and BKF Engineers, a corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
2. Term. This Agreement will become effective on January 27, 2026 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.
3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed (ONE HUNDRED EIGHTY-TWO THOUSAND SEVENTY DOLLARS $182,070.00), without prior written authorization by City, pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement.
Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.
3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services; and the basis for calculating the amount due.
3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services.
Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.
4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.
Agreement No.26-002
Council Resolution No.26-003
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 199
Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
5. Consultant’s Warranties.
5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the Bay Area.
5.2 Consultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.
5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy (Hercules Municipal Code § 2-3.401 et seq.) and the City’s California Equal Pay Act Compliance Policy (Hercules Municipal Code § 2-3.501 et seq.).
6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other Party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:
City: Consultant:
City of Hercules Name: BKF Engineers
111 Civic Drive Address: 1646 N. California Blvd.
Hercules, CA 94547 Suite 400 Walnut Creek, CA 94596
(510) 799-8200 Phone: (925) 940-2200
Attn: City Clerk Attn: Christopher Mills
[email protected]
Copy to: Glenn Dombeck, P.E. Copy to: Jeff Munzer
Email: [email protected] Email: [email protected]
7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.
Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.
7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 200
Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
8.1 The following insurance policies and limits are required for this Agreement:
8.1.1 Commercial General Liability Insurance (“CGL”). CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of Services under this Agreement, with limits of at least $1,000,000.00 per occurrence.
8.1.2 Automotive. Commercial automotive liability coverage for owned, nonowned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.
8.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is selfinsured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 201
Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
8.1.4 Professional Liability. This insurance must insure against Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount no less than $1,000,000.00 combined single limit.
8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.
8.3 The CGL policy and the automotive liability policy must include the following endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self-insurance will be called upon to protect it as a named insured.
9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.
9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.
9.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either Party commencing litigation in relation to the dispute.
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 202
Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
10. Early Termination.
10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.
10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination.
Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.
11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.
12. Records. Unless otherwise specified in Attachment A, Consultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.
Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.
13. General Provisions.
13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.
13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.
13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13.4 Restrictions on Nepotism and Cronyism. Consultant must comply with the regulations adopted by the City to avoid favoritism or discrimination in the award of contracts, as set forth in section 2-3.401 et seq. of the City’s Municipal Code. Consultant must complete the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy,” using the form attached as Attachment C to this Agreement, and submit a fully executed copy with the executed Agreement.
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 203
Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
13.5 Compliance with the California Equal Pay Act. Consultant must comply with the regulations adopted by the City to allow for verification of Consultant compliance with the requirements of the California Equal Pay Act, as set forth in section 2-3.501 et seq. of the City’s Municipal Code. Consultant must complete the “Contractor Acknowledgment of Compliance with the California Equal Pay Act,” using the form attached as Attachment D to this Agreement, and submit a fully executed copy with the executed Agreement.
13.6 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.
13.7 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.
13.8 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13.9 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.
13.10 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13.11 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.
13.12 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
13.13 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the Party delayed, excluding financial inability (“Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 204
Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
13.14 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.
13.15 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
13.16 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signature page follows.]
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 205
Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
The Parties agree to this Agreement as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Dante Hall, City Manager Christie Crowl, City Attorney
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Eibleis Melendez, City Clerk
Date: ___________________________
CONSULTANT: BKF Engineers
Business Name
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
Attachments:
Attachment A: Scope of Services
Attachment B: Payment
Attachment C: Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy Attachment D: Contractor Acknowledgment of Compliance with the California Equal Pay Act Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 Vice President
2/4/2026
Christopher Mills
2/17/2026 2/12/2026
2/17/2026
206
Attachment A
SCOPE OF SERVICES
City of Hercules
Construction Management for Refugio and Foxboro Park Improvement Project Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Scope of Services
Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
SCOPE OF SERVICES
The Refugio Park Improvements include demolition of existing site elements, earthwork, installation of city furnished pre-fabricated shade structures, concrete work, accessible parking spaces, pathways, striping, installation of site furniture, landscape, irrigation and maintenance, plus a bid alternative for parking lot slurry seal treatment. The Foxboro Park Improvement Project consists of Basketball and Playground Upgrades including site demolition, asphalt paving and seal coat for a replacement basketball court, striping, painting of existing basketball posts, drainage, new playground surfacing, installation of city furnished play equipment and fencing.
These facility improvements will improve the public’s experience in these parks, while extending the lifespan and reducing future maintenance costs.
Based on the Project Understanding, MNS’ services will include a part time Resident Engineer, full or part time inspector, and material testing. We have enlisted Inspection Services Inc (ISI), a local testing firm, to perform testing on an as-needed basis. MNS will report directly to the City of Hercules Project Manager, and will coordinate with the contractor, and City staff as needed. Below is a scope of work related to the described project tasks above.
Task 1 Preconstruction
MNS will meet with the City after the awards of the individual contracts to establish lines of communication and preferred protocols to meet the needs of the City.
MNS will assist the City in setting up these projects on MNS’ CMIS document control web based platform. We will ensure that all parties involved have access to CMIS as needed.
Our Resident Engineer, David Franco, will work with the City to set up and run a preconstruction meeting prior to construction starting. After the preconstruction meeting Mr. Franco will work with the Contractor and City staff to get their required traffic control plans through the City’s process.
While the traffic control is being reviewed Mr. Franco will coordinate the review all the submittals for the project with the project designers and architects and make sure that everything is ready for the work once it starts.
The work will require schedules for each of the operations. This schedule will need to be reviewed and approved prior to the start of work, this schedule will also dictate when notices need to be sent out for each area. These notifications and the dates they are sent out will be tracked to ensure compliance with the Specifications.
Task 2 Construction Inspection
The Construction Inspectors will inspect the work to verify it is being performed in accordance with the contract documents. The Construction Inspector’s responsibilities will also include:
• Daily periodic inspection of contractor’s work
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 207
Attachment A
SCOPE OF SERVICES
City of Hercules
Construction Management for Refugio and Foxboro Park Improvement Project Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Scope of Services
Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
• Monitoring the Contractor’s Traffic Control in conjunction with City staff • Daily inspection reports
• Track item quantities
• Verify materials incorporated into the project meet contract requirements • Coordination with City staff, contractor
• Coordinate with the our materials testing consultant, ISI, to ensure proper testing is being done
• Photo documentation
• Punchlist
• As-Built Documentation
During construction, the Resident Engineer will be working with the Inspectors to ensure that the quantities are being tracked and documented. These quantity sheets will be used to generate a monthly pay estimate.
If there is any unforeseen work that arises, the inspectors will document the work and Mr. Franco will bring it to the attention of the city with a recommendation, if a change is warranted. If warranted, Mr. Franco will put together a Contract Change Order to pay for this work. Mr. Franco will also review any RFI’s, and pass them on to the appropriate responsible party.
Task 3 Closeout
At the end of the project, Mr. Franco will put together a proposed final estimate for final payment to the contractor. He will ensure that all final documentation has been collected and stored in CMIS for archiving.
Schedule
The project duration is approximately 70 and 56 working days, for the Refugio and Foxboro Park Improvements, respectively, and it is anticipated that the Inspector will be required on a part time basis, performing spot check on benchmark items, with full time inspection of critical operations such as paving, concrete work, striping, and slurry seal treatments.
For the sake of the proposal, we have not included costs associated with the plant establishment and maintenance periods at Refugio Park, assuming city maintenance and parks staff will monitor these items. This work can be added to our scope upon request or amendment.
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 208
Attachment B
PAYMENT
City of Hercules
Construction Management for Refugio and Foxboro Park Improvement Project Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Payment
Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
Schedule and Fee
MNS proposes to provide construction inspection services as outlined in the Scope of Work (See Attachment A) on a time and materials not-to-exceed basis. The estimated cost of services is shown in the attached Cost Proposal. The actual costs billed to the City will be on actual time spent. Based upon the City’s anticipated construction duration listed in Attachment A, with additional time for start-up and closeout, MNS estimates that the total fee for construction management services for this project is $169,570.00 for the Refugio & Foxboro Parks Improvements Projects. Please note that the fee is an estimate; the actual costs may fluctuate depending on the contractor’s actual operation, changes in scope, and/or the length of time requested by the City to complete this project.
Additional fee of $12,500 is applied to this work to account for a reimbursable allowance, respectively. The total project not-to-exceed fee is $182,070.
For tasks requested by the City not defined in this Scope of Services, BKF will identify them as potential Additional Services. We can provide a scope and fee for these items or they may be tracked separately as Additional Services and billed on a time and materials per our attached rate schedule.
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 209
Attachment B
PAYMENT
City of Hercules
Construction Management for Refugio and Foxboro Park Improvement Project Professional Services Agreement Agreement No. 26-002
City Attorney Approved, 03112024 Council Resolution No. 26-003 Payment
Refugio and Foxboro Park Improvements
Project No. 63061, PR2501, 63088
Fee Proposal for MNS Engineer’s Construction Management Services for the Refugio and Foxboro Park Improvements Project
Docusign Envelope ID: 75347B25-DB69-4C84-AA59-802EF7AA3F02 210
CONSENT CALENDAR
AGENDA ITEMS
8. 26-191
211
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Kristi Carter, Human Resources Manager
SUBJECT: Adopt a Resolution Approving the Fiscal Year 2026-2027 Master Salary Schedule Pursuant to the California Public Employees’ Retirement System Requirements
RECOMMENDED ACTION:
Approve the Fiscal Year 2026-2027 (“FY 2026-2027”) Master Salary Schedule effective July 5, 2026, pursuant to the California Public Employees' Retirement System (“CalPERS”) requirements.
Adoption of the Master Salary Schedule incorporates previously approved compensation adjustments for represented and unrepresented employee groups and ensures compliance with Title 2, California Code of Regulations Section 570.5.
BACKGROUND:
CalPERS requires participating agencies to maintain a salary schedule that has been approved and adopted by the agency's governing body in accordance with Title 2, California Code of Regulations Section 570.5. The regulation requires that the salary schedule:
• Be duly approved and adopted by the employer's governing body in accordance with applicable public meeting laws;
• Identify the position title for every employee position; • Show the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicate the applicable time base, including hourly, bi-weekly, monthly, or annual compensation;
• Be publicly available and accessible for review;
212
• Include an effective date and the date of any revisions; • Be retained by the employer and available for public inspection for not less than five years; and
• Not reference another document in lieu of disclosing the pay rate.
The attached FY 2026-2027 Master Salary Schedule effective July 5, 2026, satisfies the requirements of Title 2, California Code of Regulations Section 570.5, and reflects compensation actions previously approved by the City Council for represented and unrepresented employee groups.
REVIEW AND ANALYSIS:
The proposed FY 2026-2027 Master Salary Schedule consolidates all City classifications and corresponding rates of pay into a single governing body-approved document as required by CalPERS. Adoption of the schedule is an administrative action necessary to maintain compliance with CalPERS regulations and does not authorize any new compensation adjustments.
The FY 2026-2027 Master Salary Schedule incorporates the following compensation actions previously approved by the City Council:
Employee Group Council Action Compensation Change
Teamsters Local 315 Resolution No. 25-058 adopted
September 23, 2025
3% wage increase for all
classifications effective July
5, 2026
Hercules Police
Officers' Association
Resolution No. 25-075 adopted
December 9, 2025
3% wage increase for all
classifications effective July
5, 2026, and market equity
adjustments for the Police
Officer and Police Sergeant
classifications effective July
5, 2026
Executive Level
Employees
Resolution No. 25-059 adopted
September 23, 2025
3% wage increase for all
classifications effective July
5, 2026
Mid-Management
Employees
Resolution No. 25-059 adopted
September 23, 2025
3% wage increase for all
classifications effective July
5, 2026
Non-Represented
Employees
Resolution No. 25-059 adopted
September 23, 2025
3% wage increase for all
classifications effective July
5, 2026
213
Employee Group Council Action Compensation Change
Part-Time Unbenefited
Employees Resolution No. 25-058 adopted
September 23, 2025
3% cost of living adjustment
effective July 5, 2026
The FY 2026-2027 Master Salary Schedule includes all approved salary ranges and pay rates for City classifications and serves as the official compensation schedule for purposes of CalPERS reporting and compliance.
FISCAL IMPACT:
There is no additional fiscal impact associated with adoption of the FY 2026-2027 Master Salary Schedule. The salary schedule reflects compensation actions previously approved by the City Council and incorporated into the adopted FY 2026-2027 Operating Budget.
ATTACHMENTS:
1. Resolution
2. FY 2026-2027 Master Salary Schedule effective July 5, 2026 214
HERCULES CITY COUNCIL
RESOLUTION 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING THE FISCAL YEAR 2026-2027 MASTER SALARY SCHEDULE PURSUANT TO THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM REQUIREMENTS WHEREAS, the City of Hercules participates in the California Public Employees' Retirement System ("CalPERS"); and
WHEREAS, Title 2, California Code of Regulations Section 570.5 requires CalPERS participating agencies to maintain a publicly available salary schedule that has been duly approved and adopted by the governing body; and WHEREAS, the salary schedule must identify all employee classifications and corresponding pay rates and include the applicable time base and effective dates; and WHEREAS, the Fiscal Year 2026-2027 Master Salary Schedule effective July 5, 2026, satisfies the requirements of Title 2, California Code of Regulations Section 570.5; and
WHEREAS, the Fiscal Year 2026-2027 Master Salary Schedule incorporates compensation adjustments previously approved by the City Council for represented and unrepresented employee groups, including:
Resolution No. 25-058 adopted September 23, 2025, approving compensation adjustments for Teamsters Local 315 represented employees and Part-Time Unbenefited employees; and
Resolution No. 25-059 adopted September 23, 2025, approving compensation adjustments for Executive Level, Mid-Management, and Non-Represented employees; and
Resolution No. 25-075 adopted December 9, 2025, approving compensation adjustments for employees represented by the Hercules Police Officers' Association; and
WHEREAS, adoption of the Fiscal Year 2026-2027 Master Salary Schedule is an administrative action necessary to maintain compliance with CalPERS regulations and does not authorize any new compensation adjustments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
1. The City Council hereby approves the Fiscal Year 2026-2027 Master Salary Schedule effective July 5, 2026, reflecting all previously adopted wage and 215
compensation adjustments and ensuring compliance with the requirements of the California Public Employees' Retirement System, as set forth in Exhibit 1, attached hereto and incorporated herein by this 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 28th day of July 2026, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Chris Kelley, Mayor
ATTEST:
Eibleis Melendez, City Clerk
216
STEP 1 Effective Date Annual Hours
BARGAINING UNIT/
EMPLOYEE GROUP POSITIONS GRADE ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY MONTHLY CONTRACT CITY MANAGER CM 270,400.0000 130.0000 302,356.7040 145.3638 2/24/2026 2080 ELECTED OFFICIAL COUNCIL MEMBER CCM 831.6000 12/10/2024 ELECTED OFFICIAL MAYOR CCM 831.6000 12/10/2024
ELECTED OFFICIAL VICE MAYOR CCM 831.6000 12/10/2024
EXECUTIVE CHIEF OF POLICE 057 201,199.8768 101.8218 211,260.0880 106.9130 221,823.1912 112.2587 232,914.4792 117.8717 244,559.6400 123.7650 256,787.7208 129.9533 7/5/2026 1976 EXECUTIVE CHIEF OF POLICE / ASSISTANT CITY MANAGER 57A 211,259.8904 106.9129 221,822.9936 112.2586 232,914.4792 117.8717 244,560.0352 123.7652 256,787.5232 129.9532 269,627.1760 136.4510 7/5/2026 1976 EXECUTIVE CITY CLERK 051 126,790.2376 64.1651 133,129.8384 67.3734 139,786.1920 70.7420 146,775.6992 74.2792 154,114.1680 77.9930 161,819.9752 81.8927 7/5/2026 1976 EXECUTIVE CITY CLERK / ASSISTANT CITY MANAGER 51A 133,129.6408 67.3733 139,786.5872 70.7422 146,775.6992 74.2792 154,114.3656 77.9931 161,819.9752 81.8927 169,911.1024 85.9874 7/5/2026 1976 EXECUTIVE CITY CLERK / PIO 052 136,933.0456 69.2981 143,780.4784 72.7634 150,968.7712 76.4012 158,517.2888 80.2213 166,443.2224 84.2324 174,765.3440 88.4440 7/5/2026 1976 EXECUTIVE CITY CLERK / PIO / ASSISTANT CITY MANAGER 52A 143,779.6880 72.7630 150,969.5616 76.4016 158,517.0912 80.2212 166,443.2224 84.2324 174,765.3440 88.4440 183,503.6112 92.8662 7/5/2026 1976 EXECUTIVE COMMUNITY DEVELOPMENT DIRECTOR 056 186,296.4896 94.2796 195,610.9584 98.9934 205,391.5656 103.9431 215,661.4304 109.1404 226,444.4624 114.5974 237,766.5472 120.3272 7/5/2026 1976
EXECUTIVE COMMUNITY DEVELOPMENT DIRECTOR / ASSISTANT CITY
MANAGER
56A 195,611.3536 98.9936 205,391.5656 103.9431 215,661.0352 109.1402 226,444.6600 114.5975 237,766.7448 120.3273 249,654.7560 126.3435 7/5/2026 1976
EXECUTIVE FINANCE DIRECTOR 056 186,296.4896 94.2796 195,610.9584 98.9934 205,391.5656 103.9431 215,661.4304 109.1404 226,444.4624 114.5974 237,766.5472 120.3272 7/5/2026 1976 EXECUTIVE FINANCE DIRECTOR / ASSISTANT CITY MANAGER 56A 195,611.3536 98.9936 205,391.5656 103.9431 215,661.0352 109.1402 226,444.6600 114.5975 237,766.7448 120.3273 249,654.7560 126.3435 7/5/2026 1976 EXECUTIVE PARKS & RECREATION DIRECTOR 054 159,719.0920 80.8295 167,704.8984 84.8709 176,090.0544 89.1144 184,894.7152 93.5702 194,139.6288 98.2488 203,846.5312 103.1612 7/5/2026 1976 EXECUTIVE PARKS & RECREATION DIRECTOR / ASSISTANT CITY MANAGER 54A 167,705.0960 84.8710 176,089.6592 89.1142 184,894.3200 93.5700 194,139.4312 98.2487 203,846.7288 103.1613 214,038.7392 108.3192 7/5/2026 1976
EXECUTIVE PUBLIC WORKS DIRECTOR / CITY ENGINEER 057 201,199.8768 101.8218 211,260.0880 106.9130 221,823.1912 112.2587 232,914.4792 117.8717 244,559.6400 123.7650 256,787.7208 129.9533 7/5/2026 1976
EXECUTIVE PUBLIC WORKS DIRECTOR / CITY ENGINEER / ASSISTANT CITY
MANAGER
57A 211,259.8904 106.9129 221,822.9936 112.2586 232,914.4792 117.8717 244,560.0352 123.7652 256,787.5232 129.9532 269,627.1760 136.4510 7/5/2026 1976
MID
‐
MANAGEMENT PUBLIC WORKS SUPERINTENDENT 253 129,464.5560 65.5185 135,937.9320 68.7945 142,734.1864 72.2339 149,871.4984 75.8459 157,364.8856 79.6381 165,232.7248 83.6198 7/5/2026 1976 MID
‐
MANAGEMENT RECREATION MANAGER 248 101,439.1456 51.3356 106,510.7472 53.9022 111,836.2648 56.5973 117,428.1472 59.4272 123,299.6336 62.3986 129,464.7536 65.5186 7/5/2026 1976 MID
‐
MANAGEMENT SENIOR ACCOUNTANT 249 106,510.5496 53.9021 111,836.4624 56.5974 117,428.1472 59.4272 123,299.4360 62.3985 129,464.5560 65.5185 135,938.1296 68.7946 7/5/2026 1976 NON
‐
REPRESENTED ACCOUNTING TECHNICIAN II 046 86,291.1296 43.6696 90,605.7256 45.8531 95,136.1008 48.1458 99,892.9256 50.5531 104,887.4632 53.0807 110,132.1624 55.7349 7/5/2026 1976 NON
‐
REPRESENTED ADMINISTRATIVE SPECIALIST 045 79,898.9672 40.4347 83,894.2416 42.4566 88,088.3016 44.5791 92,493.3984 46.8084 97,118.0288 49.1488 101,973.6536 51.6061 7/5/2026 1976 NON
‐
REPRESENTED HUMAN RESOURCES ADMINISTRATOR 046 86,291.1296 43.6696 90,605.7256 45.8531 95,136.1008 48.1458 99,892.9256 50.5531 104,887.4632 53.0807 110,132.1624 55.7349 7/5/2026 1976 NON
‐
REPRESENTED HUMAN RESOURCES MANAGER 050 117,397.9144 59.4119 123,268.0176 62.3826 129,426.0240 65.4990 135,903.5496 68.7771 142,698.2232 72.2157 149,833.1640 75.8265 7/5/2026 1976 NON
‐
REPRESENTED HUMAN RESOURCES TECHNICIAN 045 79,898.9672 40.4347 83,894.2416 42.4566 88,088.3016 44.5791 92,493.3984 46.8084 97,118.0288 49.1488 101,973.6536 51.6061 7/5/2026 1976 NON
‐
REPRESENTED POLICE COMMANDER 055 172,496.6984 87.2959 181,121.9384 91.6609 190,177.3536 96.2436 199,686.2608 101.0558 209,670.5936 106.1086 220,154.4592 111.4142 7/5/2026 1976 POA POLICE OFFICER PO 117,136.4480 56.3156 120,651.0240 58.0053 124,269.8080 59.7451 127,998.6240 61.5378 131,838.7200 63.3840 135,793.8400 65.2855 7/5/2026 2080 PT BENEFITED POLICE OFFICER TRAINEE PTR 105,422.9280 50.6841 7/5/2026 POA POLICE SERGEANT SGT 138,470.8000 66.5725 142,624.1440 68.5693 146,903.5360 70.6267 151,310.6400 72.7455 155,849.6160 74.9277 160,525.4560 77.1757 7/5/2026 2080 PT UNBENEFITED ADMINISTRATIVE SECRETARY PT20 31.5341 33.1108 34.7663 36.5047 38.3299 40.2464 7/5/2026 PT UNBENEFITED FACILITY ATTENDANT PT1 18.0300 18.8827 19.8268 20.8182 21.8590 22.9519 7/5/2026 PT UNBENEFITED INTER ADMIN / ENG / PLANNING PT1 18.0300 18.8827 19.8268 20.8182 21.8590 22.9519 7/5/2026 PT UNBENEFITED LIFEGUARD / SWIM INSTRUCTOR I PT1 18.0300 18.8827 19.8268 20.8182 21.8590 22.9519 7/5/2026 PT UNBENEFITED LIFEGUARD / SWIM INSTRUCTOR II PT2 18.5230 19.4491 20.4217 21.4426 22.5149 23.6405 7/5/2026 PT UNBENEFITED SENIOR LIFEGUARD PT4 19.6511 20.6336 21.6652 22.7486 23.8860 25.0803 7/5/2026 PT UNBENEFITED SPORTS COACH / REFEREE PT1 18.0300 18.8827 19.8268 20.8182 21.8590 22.9519 7/5/2026 PT UNBENEFITED SWIM COACH PT6 20.8478 21.8903 22.9848 24.1340 25.3406 26.6077 7/5/2026 TEAMSTERS FT ACCOUNTING TECHNICIAN I 145 72,067.0912 36.4712 75,670.3272 38.2947 79,453.5768 40.2093 83,426.5224 42.2199 87,597.8584 44.3309 91,977.8600 46.5475 7/5/2026 1976 TEAMSTERS FT ASSISTANT ENGINEER 150 105,890.0856 53.5881 111,184.5800 56.2675 116,743.8584 59.0809 122,580.7648 62.0348 128,710.1192 65.1367 135,145.5560 68.3935 7/5/2026 1976 TEAMSTERS FT ASSISTANT PLANNER 149 98,045.7608 49.6183 102,948.0192 52.0992 108,095.3016 54.7041 113,500.2544 57.4394 119,174.9312 60.3112 125,133.7568 63.3268 7/5/2026 1976 TEAMSTERS FT ASSOCIATE ENGINEER 151 114,361.0000 57.8750 120,079.5440 60.7690 126,083.2248 63.8073 132,387.6528 66.9978 139,006.8576 70.3476 145,957.0424 73.8649 7/5/2026 1976 TEAMSTERS FT COMMUNITY DEVELOPMENT SPECIALIST 146 77,076.4488 39.0063 80,930.0440 40.9565 84,976.8920 43.0045 89,229.6392 45.1567 93,686.7048 47.4123 98,371.2080 49.7830 7/5/2026 1976 TEAMSTERS FT INFORMATION SYSTEMS ADMINISTRATOR 151 114,361.0000 57.8750 120,079.5440 60.7690 126,083.2248 63.8073 132,387.6528 66.9978 139,006.8576 70.3476 145,957.0424 73.8649 7/5/2026 1976 TEAMSTERS FT INFORMATION SYSTEMS SPECIALIST 148 90,782.7752 45.9427 95,321.8448 48.2398 100,088.1544 50.6519 105,092.3744 53.1844 110,346.9536 55.8436 115,864.3408 58.6358 7/5/2026 1976 TEAMSTERS FT LANDSCAPING AND LIGHTING PROGRAM COORDINATOR 147 84,058.4472 42.5397 88,261.5968 44.6668 92,674.5976 46.9001 97,308.7128 49.2453 102,173.8224 51.7074 107,282.5728 54.2928 7/5/2026 1976 TEAMSTERS FT MAINTENANCE AIDE 141 52,971.4224 26.8074 55,620.2504 28.1479 58,401.0752 29.5552 61,321.0104 31.0329 64,387.1696 32.5846 67,606.4688 34.2138 7/5/2026 1976 TEAMSTERS FT MAINTENANCE WORKER I 143 61,785.3704 31.2679 64,875.0440 32.8315 68,118.4504 34.4729 71,524.6792 36.1967 75,100.8440 38.0065 78,855.6392 39.9067 7/5/2026 1976 TEAMSTERS FT MAINTENANCE WORKER II M46 76,327.9400 38.6275 80,144.1888 40.5588 84,151.7144 42.5869 88,359.0136 44.7161 92,776.9544 46.9519 97,416.0096 49.2996 7/5/2026 1976 TEAMSTERS FT MANAGEMENT ANALYST 147 84,058.4472 42.5397 88,261.5968 44.6668 92,674.5976 46.9001 97,308.7128 49.2453 102,173.8224 51.7074 107,282.5728 54.2928 7/5/2026 1976 TEAMSTERS FT PARKING ENFORCEMENT OFFICER 142 58,734.2288 29.7238 61,671.3552 31.2102 64,754.9032 32.7707 67,992.5792 34.4092 71,392.2872 36.1297 74,961.7336 37.9361 7/5/2026 1976 TEAMSTERS FT POLICE SUPPORT SPECIALIST 145 72,067.0912 36.4712 75,670.3272 38.2947 79,453.5768 40.2093 83,426.5224 42.2199 87,597.8584 44.3309 91,977.8600 46.5475 7/5/2026 1976 TEAMSTERS FT PUBLIC WORKS INSPECTOR / SPECIALIST 147 84,058.4472 42.5397 88,261.5968 44.6668 92,674.5976 46.9001 97,308.7128 49.2453 102,173.8224 51.7074 107,282.5728 54.2928 7/5/2026 1976 TEAMSTERS FT PUBLIC WORKS SUPERVISOR 147 84,058.4472 42.5397 88,261.5968 44.6668 92,674.5976 46.9001 97,308.7128 49.2453 102,173.8224 51.7074 107,282.5728 54.2928 7/5/2026 1976 TEAMSTERS FT RECREATION COORDINATOR 146 77,076.4488 39.0063 80,930.0440 40.9565 84,976.8920 43.0045 89,229.6392 45.1567 93,686.7048 47.4123 98,371.2080 49.7830 7/5/2026 1976 TEAMSTERS FT RECREATION SUPERVISOR 147 84,058.4472 42.5397 88,261.5968 44.6668 92,674.5976 46.9001 97,308.7128 49.2453 102,173.8224 51.7074 107,282.5728 54.2928 7/5/2026 1976 TEAMSTERS FT RECREATION TECHNICIAN 145 72,067.0912 36.4712 75,670.3272 38.2947 79,453.5768 40.2093 83,426.5224 42.2199 87,597.8584 44.3309 91,977.8600 46.5475 7/5/2026 1976 TEAMSTERS FT SENIOR CLERK 143 61,785.3704 31.2679 64,875.0440 32.8315 68,118.4504 34.4729 71,524.6792 36.1967 75,100.8440 38.0065 78,855.6392 39.9067 7/5/2026 1976 TEAMSTERS FT SENIOR PLANNER 151 114,361.0000 57.8750 120,079.5440 60.7690 126,083.2248 63.8073 132,387.6528 66.9978 139,006.8576 70.3476 145,957.0424 73.8649 7/5/2026 1976 TEAMSTERS FT SEWER AND STORMWATER SUPERVISOR 147 84,058.4472 42.5397 88,261.5968 44.6668 92,674.5976 46.9001 97,308.7128 49.2453 102,173.8224 51.7074 107,282.5728 54.2928 7/5/2026 1976 TEAMSTERS PT AQUATICS POOL MANAGER PT12 24.8933 26.1380 27.4450 28.8172 30.2580 31.7709 7/5/2026 TEAMSTERS PT OFFICE ASSISTANT I PT1 18.0300 18.8827 19.8268 20.8182 21.8590 22.9519 7/5/2026 TEAMSTERS PT OFFICE ASSISTANT II PT2 18.5230 19.4491 20.4217 21.4426 22.5149 23.6405 7/5/2026 TEAMSTERS PT RECREATION AIDE PT1 18.0300 18.8827 19.8268 20.8182 21.8590 22.9519 7/5/2026 TEAMSTERS PT RECREATION LEADER I PT2 18.5230 19.4491 20.4217 21.4426 22.5149 23.6405 7/5/2026 TEAMSTERS PT RECREATION LEADER II PT7 21.4731 22.5469 23.6743 24.8579 26.1009 27.4058 7/5/2026 TEAMSTERS PT RECREATION LEADER III PT11 24.1682 25.3767 26.6455 27.9778 29.3766 30.8455 7/5/2026 TEAMSTERS PT RECREATION SPECIALIST PT4 19.6511 20.6336 21.6652 22.7486 23.8860 25.0803 7/5/2026 Last Revised 07/05/2026
Adopted by City Council on 07/28/2026
STEP 6
FY 2026-2027 SALARY SCHEDULE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
217
DISCUSSION AND/OR ACTION ITEM
AGENDA ITEMS
1. 26-200
2. 26-193
3. 26-194
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July 28, 2026 Page 1
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Patrick Tang, Interim City Manager
Edwin Gato, Finance Director
Christie Crowl, City Attorney
SUBJECT: November 2026 Election for a voter-approved revenue measure RECOMMENDED ACTION:
Adopt an Urgency Ordinance calling for an Election for a voter-approved one cent Transaction and Use (Sales) Tax and requesting the Contra Costa County Board of Supervisors to direct the Contra Costa County Election Department to conduct the election and to direct the City Attorney to prepare an impartial analysis and to authorize preparation of arguments for the ballot measure.
ANALYSIS:
The City of Hercules on-going revenues are barely adequate to sustain our current levels of service, which remain reduced from the staffing and service levels prior to the Great Recession, when nearly 40% of staff had to be let go. While we have seen some improvement in revenues overall, Hercules still receives a low share of the property taxes, and our retail tax base is not robust enough to fund anything more than basic service levels. Even with City employee wage and benefit concessions remaining in place, costs continue to increase, thereby continuing the need to look toward ways to generate revenue through economic development and to reduce expenditures by becoming more efficient and effective. However, these efforts will not result in sufficient increases in revenues to avoid a projected budget shortfall beginning in fiscal year 2028-29.
Earlier this year, the City Council began to explore the possibility of asking residents to support a one cent increase to current sales tax rates. Part of these efforts included an independent community survey. This survey showed residents think the City is moving in the right direction and want to continue this positive momentum with locally-controlled funding to maintain essential services, including:
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July 28, 2026 Page 2
Maintaining the City’s financial stability and enhancing fiscal accountability Maintaining the local Hercules Police Department,
Maintaining the number of police officers patrolling neighborhood streets Improving 9-1-1 response times
Expanding neighborhood crime prevention programs
Attracting business to Hercules
Preventing cuts to street maintenance
Our residents have continued to give the City feedback that too many streets in Hercules are old and deteriorating, contributing to hazardous driving conditions. Nearly 25% of the City's neighborhood streets (representing over 35 miles) are rated as “poor” or “failed.” As always, the City's priority is to make it safer to drive and walk in the city by repairing potholes and cracked sidewalks.
In order to place the measure on the ballot for a November 2026 general election, the City Council must take action to call for the election and approve the ballot questions and other actions by August 7. City staff is seeking City Council adoption of an urgency ordinance calling the election, requesting Contra Costa County to conduct the election and directing the City Attorney to prepare the Impartial Analysis for the measure. As drafted, these proposed ballot questions meet the seventy-five (75) word limit provided for under the State Elections Code and the City Attorney has reviewed the language for compliance. It is requested that the City Council review and approve the recommended ballot questions.
FISCAL IMPACT:
A November 2026 election for a voter-approved one cent Sales Tax may cost up to $80,000 and this amount is available in the FY 2026/27 annual budget. The City’s General Fund would see an estimated increase of revenues of nearly $4 million if voters were to approve the measure.
ATTACHMENTS:
1. Urgency Ordinance regarding Transaction and Use (Sales) Tax including Ordinance
2. Ordinance adding the 2026 Transactions and Use Tax Ordinance to Title 8 of the Hercules Municipal Code
220
1 URGENCY ORDINANCE NO. 26-
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES
CALLING AN ELECTION AND REQUESTING THAT THE CONTRA COSTA COUNTY
BOARD OF SUPERVISORS HOLD AN ELECTION, TO BE CONSOLIDATED WITH THE NOVEMBER 3, 2026, STATEWIDE GENERAL ELECTION, FOR THE PURPOSE
OF SUBMITTING TO THE VOTERS OF HERCULES A TRANSACTION AND USE (SALES) TAX OF ONE PERCENT; TO DIRECT THE COUNTY OF CONTRA COSTA ELECTIONS DEPARTMENT TO CONDUCT THE ELECTION ON THE CITY’S BEHALF; TO DIRECT THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND TO AUTHORIZE ARGUMENTS FOR THE BALLOT MEASURE WHEREAS, Federal and state governments favor bigger cities like San José and San Francisco, and at the same time, the State now has its own budget deficit; and WHEREAS, Hercules can be self-reliant with locally controlled funding for residents' core services, with money that cannot be taken by the state; and WHEREAS, Hercules long-term financial stability and accountability can be maintained; and
WHEREAS, all money raised by this measure will stay local to fund and maintain services residents reply on such as neighborhood police patrols, fast 911 response times, parks, and the youth and senior services that make Hercules a safe, well-maintained place to live -- and none of the money can be taken by the Federal Government, State or County; and WHEREAS, the City wishes to continue to address meeting water quality health standards; and
WHEREAS, the City and its residents prioritize responsible, long-term planning; and WHEREAS, pursuant to Resolution No. 26-030, on June 9, 2026, the City Council of the City of Hercules called and noticed a general municipal election to be consolidated with the statewide general election held on November 3, 2026 (“the Election”); and WHEREAS, pursuant to Elections Code Section 10400 et seq., two or more municipal elections called by the same governing body may be consolidated upon an order by the county board of supervisors when the governing body requests consolidation; 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, pursuant to Revenue and Taxation Code Section 7285.9, the City of Hercules has the authority to adopt an additional local transactions and use tax; and 221
2 WHEREAS, pursuant to Government Code Section 53724 and Elections Code Section 9222, the City Council of the City of Hercules has the authority to submit ballot measures to be considered by Hercules voters at regular municipal elections; and WHEREAS, the City Council of the City of Hercules wishes to submit a transactions and use tax ordinance, attached hereto as Exhibit A (“Hercules Public Safety/ Financial Stability Measure” or “the Measure”), to the voters of the City of Hercules; and WHEREAS, the Hercules Public Safety/ Financial Stability Measure proposes a transactions and use tax at the rate of one percent (1%); and WHEREAS, pursuant to Revenue and Taxation Code Section 7251.1, state law caps the total rate for transactions and use taxes in any county to two percent (2%); and WHEREAS, Senate Bill 762 (“SB 762”), which has been approved by the Senate and the Assembly and has been submitted to the Governor for his signature, would authorize the City of Hercules to impose up to a one percent (1%) transactions and use tax without counting that tax against the two percent (2%) cap specified in Revenue and Taxation Code Section 7251.1; and WHEREAS, pursuant to Government Code Sections 36934 and 36937, a city may adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety; and WHEREAS, as set forth in more detail in the declaration of the facts constituting the urgency in Section 2 below, the City’s revenues are not adequate to sustain its current levels of service; and
WHEREAS, the Hercules Public Safety/ Financial Stability Measure is necessary for the City to maintain its current level of service.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Hercules finds and determines the forgoing recitals are true and correct and hereby adopts and incorporates them into this Ordinance.
Section 2. The City Council of the City of Hercules has the power to enact an urgency ordinance, not in conflict with general laws, through the exercise of the powers provided to cities in Article XI, Section 7, of the California Constitution, and in compliance with Government Code Sections 36934 and 36937. The adoption of this Ordinance is necessary for the immediate preservation of the public peace, health, or safety, as those terms are used in Government Code Section 36937(b), in at least the following respects:
(a) The City of Hercules is confronting mounting structural fiscal pressures driven by inflationary cost increases, aging infrastructure, deferred maintenance obligations, rising public safety costs, and growing community needs; and 222
3 (b) The City of Hercules is currently facing a significant structural fiscal imbalance despite implementing meaningful corrective actions, reducing non-essential spending, and pursuing operational efficiencies across departments; and (c) The City of Hercules continues to experience increasing pressure on essential municipal services and infrastructure systems; and
(d) Budget constraints have impacted the City of Hercules’ core public safety and administrative operations, while continued reliance on reserves to sustain ongoing services is not sustainable over the long term; and
(e) Without the Hercules Public Safety/ Financial Stability Measure, the City of Hercules will face increasingly difficult decisions involving service reductions, delayed infrastructure investments, and diminished emergency response capacity; and
(f) The Hercules Public Safety/ Financial Stability Measure will help the City maintain its financial stability and enhance fiscal accountability; and (g) Although SB 762, which will allow the City of Hercules to enact a transactions and use tax of up to one percent (1%) that will not be subject to the two percent (2%) cap in Section 7251.1 of the Revenue and Taxation Code, was approved by the Senate on January 27, 2026, and by the Assembly on July 2, 2026, it is still awaiting the Governor’s signature; and
(h) Under Section 9222 of the Elections Code, the last date to call an election for a ballot measure and to submit that measure to the County for the November 3, 2026, General Election is August 7, 2026, and therefore the City of Hercules can no longer wait for the Governor’s signature and there is no longer sufficient time to adopt an ordinance on the City Council’s usual schedule.
Section 3. Pursuant to the requirements of the laws of the State of California relating to general law cities, the ordinance attached hereto as Exhibit A shall be submitted to the voters of the City of Hercules for their consideration and approval at the consolidated statewide general election to be held on Tuesday, November 3, 2026, and the voters shall be presented with the following ballot question:
Hercules Public Safety/ Financial Stability Measure.
Shall the measure providing Hercules with locally controlled funding to maintain financial stability/general city services, such as fast 911 response; neighborhood police patrols; water quality standards; keeping public areas/parks safe/ clean; repairing deteriorating streets/potholes; and retaining/attracting local businesses, by establishing a one-cent (1%) sales tax generating approximately $4,000,000 annually until ended by voters; requiring audits, public disclosure, and funds only for Hercules, be adopted?
____________ Yes ____________ No
Section 4. The City Clerk is hereby directed to forward a copy of this Ordinance to the County Clerk for the consolidated statewide general election to be held on November 3, 2026. 223
4 Section 5. The Measure will pass only if a majority of the votes cast by electors voting on the Measure are “yes” votes and will, if passed, take precedence over any other conflicting measure receiving less votes in this election.
Section 6. Pursuant to Elections Code Section 9280, the City Council hereby directs the City Attorney to prepare an impartial written analysis of the Measure, not to exceed five hundred (500) words, showing the effect of the Measure on existing law and the operation of the Measure. The impartial analysis shall be filed by the date set for the filing of primary arguments.
Section 7. Pursuant to Elections Code Section 9282, the City Council hereby authorizes the Mayor to prepare and submit on behalf of the City Council a written argument in favor of the Measure as well as a rebuttal argument. All written arguments filed by any person in favor or against the Measure shall be accompanied by the names and signatures of the persons submitting the arguments as required by applicable law. Primary arguments shall not exceed three hundred (300) words and shall be signed by not more than five persons.
Section 8. Pursuant to Elections Code Section 9285, when the City Clerk has selected the primary arguments for and against the Measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument, which it seeks to rebut. Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five persons; those persons may be different persons than the persons who signed the primary arguments.
Section 9. The City of Hercules agrees that the deadline dates are as designated by the Contra Costa County Elections Official:
(a) The last day to submit this Ordinance to place the Hercules Public Safety/ Financial Stability Measure on the ballot is August 7, 2026.
(b) The last day for submission of primary arguments for and against the Measure shall be 5:00 p.m. on August 19, 2026.
(c) The last day for submission of rebuttal arguments for or against the Measure shall be by 5:00 p.m. on August 24, 2026.
Section 10. Pursuant to Elections Code Section 10400 et seq., the election for this Measure shall be consolidated with the statewide general election to be conducted on November 3, 2026, and that the City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418.
Section 11. The City Council hereby authorizes the City Clerk to work with the Contra Costa County Elections Official to ensure that the November 3, 2026, consolidated election is properly and lawfully conducted as provided by law and to transmit a certified copy of this Ordinance to the Contra Costa County Board of Supervisors and the Contra Costa County Elections Official.
224
5 Section 12. Pursuant to Elections Code Section 10002, the City Council requests that the Board of Supervisors of Contra Costa County permit the Contra Costa County Elections Official to provide such services as may be necessary for the holding of the consolidated election, which shall be held in all respects as if there were only one election.
Section 13. The City Council directs the City Clerk to make available in print and for public examination a copy of this Ordinance and the full text of the Measure, in accordance with California Elections Code Sections 9223 and 9295.
Section 14. The Measure would enact an ordinance to add Chapter 8-11 to the Hercules Municipal Code, which is attached hereto as Exhibit A. The text of the Measure, together with the City Attorney’s impartial analysis, and any arguments for or against the Measure, and any rebuttal arguments, are to be mailed to all qualified electors with the ballot. In addition to other notices and publications required by law, the City Clerk shall cause the text of the Measure to be published in the official newspaper within the time required by law. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to properly conduct the election.
Section 15. In all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials, and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election.
Section 16. The approval of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) including without limitation Public Resources Code Section 21065, CEQA Guidelines Sections 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273 as the approval of government revenues to fund existing services. The transactions and use tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose and to adopt it is not a commitment to any particular action. As such, under CEQA Guidelines Section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If any revenue from the tax is to be used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project. Therefore, under CEQA Guidelines Section 15060, review under CEQA is not required.
Section 17. Pursuant to Government Code Section 36937, this Ordinance shall become effective immediately upon its passage and adoption.
The foregoing Ordinance was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the twenty-eighth day of July 2026 by the following vote of the Council:
225
6 AYES:
NOES:
ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:
Eibleis Melendez, City Clerk
226
1 ORDINANCE NO._________
AN ORDINANCE OF THE CITY OF HERCULES ADDING CHAPTER 11, ENTITLED “2026 TRANSACTIONS AND USE TAX” TO TITLE 8 OF THE HERCULES MUNICIPAL
CODE TO IMPOSE A TRANSACTIONS AND USE TAX WITH A MAXIMUM TAX RATE OF ONE PERCENT (1%), TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT
OF TAX AND FEE ADMINISTRATION
THE PEOPLE OF THE CITY OF HERCULES DO ORDAIN AS FOLLOWS:
SECTION 1. Title 8, Chapter 11, of the Hercules Municipal Code is hereby added to read as follows:
CHAPTER 11. 2026 TRANSACTIONS AND USE TAX.
8-11.01 Title and Operative Date.
(a) This Chapter shall be known as the 2026 Transactions and Use Tax Ordinance. The city of Hercules hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City.
(b) “Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance. For purposes of Revenue and Taxation Code section 7265, this ordinance shall be considered adopted on the date of the election in which it is approved by the qualified voters of the City.
8-11.02 Purpose.
This Chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
(a) To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with section 7251) of Division 2 of the Revenue and Taxation Code and section 7285.9 of Part 1.7 of Division 2, which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
(b) To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
(c) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the 227
2 California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
(d) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Chapter.
8-11.03 Contract with State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 8-11.04 Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this Chapter. Such tax shall be in addition to any other transaction (sales) tax imposed by this Code or applicable State law. 8-11.05 Place of Sale.
For the purposes of this Chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration. 8-11.06 Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this Chapter for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. Such tax shall be in addition to any other use tax imposed by this Code or applicable to State law. 228
3 8-11.07 Adoption of Provisions of State Law.
Except as otherwise provided in this Chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Chapter as though fully set forth herein. 8-11.08 Collection of Tax at Less Than the Maximum Rate.
If at any time the full one percent (1%) tax authorized in sections 8-11.04 and 8-11.06 cannot be imposed or collected because of the application of section 7251.1 of the Revenue and Taxation Code which provides that the combined rate of all taxes imposed in accordance with Division 2, Part 1.6 of the Revenue and Taxation Code in any county may not exceed two percent (2%), then the rate of the tax authorized in sections 8-11.04 and 8-11.06 shall be reduced to the maximum rate allowed under section 7251.1 of the Revenue and Taxation Code for such time as, and only for so long as, the full one percent (1%) tax cannot be imposed or collected. Whenever the full one percent (1%) tax authorized in sections 8-11.04 and 8-11.06 can be imposed and collected under section 7251.1 of the Revenue and Taxation Code, whether due to the reduction, rescission, or elimination of another transactions and use tax or due to special legislation allowing the full one percent (1%) tax to be imposed and collected, it shall be. 8-11.09 Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
(a) Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
(1) The word “State” is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California; (2) The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Chapter.
(3) In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
A. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; 229
4 B. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
(4) In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
(b) The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203. (1) “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. 8-11.10 Permit Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Chapter. 8-11.11 Exemptions and Exclusions.
(a) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. (b) There are exempted from the computation of the amount of transactions tax the gross receipts from:
(1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. (2) Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
A. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of 230
5 perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
B. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
(3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter.
(4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Chapter. (5) For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. (c) There are exempted from the use tax imposed by this Chapter, the storage, use or other consumption in this City of tangible personal property:
(1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. (2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. (3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter. (4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Chapter.
(5) For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
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6 (6) Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. (7) “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. (d) Any person subject to use tax under this Chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
8-11.12 Amendments to the Revenue and Taxation Code.
All amendments subsequent to the effective date of this Chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Chapter.
8-11.13 Amendments by the City Council.
The voters of the City of Hercules give the City Council of the City of Hercules the power to amend any provision of this Chapter, provided such amendment does not impose a new tax or increase or extend an existing tax, in which case such amendment must be approved by the City’s electorate.
8-11.14 Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 232
7 8-11.15 Severability.
If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 8-11.15 Use of Tax Proceeds.
All proceeds of the tax levied and imposed under this Chapter shall be paid into the general fund for use by the City of Hercules.
SECTION 2. California Environmental Quality Act.
This Ordinance is exempt from the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000 et seq., under, including without limitation, Public Resources Code section 21065 and CEQA Guidelines sections 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080, subdivision (b)(8), and CEQA Guidelines section 15273 as the approval of government revenues to fund existing services.
SECTION 3. Effective Date.
This Ordinance relates to the levying and collection of the City transactions and use tax and is a valid and binding ordinance of the City upon passage and approval by the electorate of the City of Hercules. This Ordinance shall be considered adopted upon the date that the vote is declared by the City Council and shall go into effect ten (10) days after declaration of the election results by the City Council pursuant to Elections Code section 9217. 233
DISCUSSION AND/OR ACTION ITEM
AGENDA ITEMS
2. 26-193
234
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Tim Rood, Community Development Director
SUBJECT: Adopt a Resolution approving an Assignment and Assumption Agreement by and between Hercules Block Q&R Development Partners LP and IEC RT VI Holdings, LLC to facilitate the sale of The Dylan
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the Interim City Manager to execute a Consent and Agreement to an Assignment and Assumption Agreement of Land Use Agreements and Project Approvals by and between Hercules Block Q&R Development Partners LP, a Delaware limited partnership (“Seller”) and IEC RT VI Holdings, LLC, a Delaware limited liability company (“Purchaser”) (Attachments 2 and 3) to consent to the sale of The Dylan apartment building as required by the Bayfront Implementing Development Agreement.
BACKGROUND:
The apartment building at 2200 John Muir Parkway, now known as The Dylan, formerly The Grand, was completed by Ledcor in 2021 as part of the Bayfront development. The building includes 232 units, of which 15 are deed-restricted affordable units, along with 311 parking spaces and common amenities that include a gym, lounge and meeting room.
The property is bound by the Bayfront Implementing Development Agreement, Parking Operations Agreement, and Affordable Housing Covenant, which are the agreements proposed to be assigned to the Purchaser.
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ANALYSIS:
On June 24, 2026, Ledcor notified staff of the potential sale of The Dylan to Interstate Equities Corporation, or IEC. Established in 1981, IEC is a real estate investment company specializing in multifamily properties in the Bay Area, Los Angeles, San Diego and Seattle areas. They report that they manage their properties via an in-house management company, with over 5,000 units in their current portfolio.
On June 25, staff participated in a conference call with the seller and purchaser at the seller’s request to review and clarify the City’s role in consenting to the sale. The City’s role includes providing an estoppel certificate, which is the City’s statement confirming that the development agreement and other applicable agreements are in good standing and that the City is not aware of any defaults. It provides assurance to buyers and lenders that the City will not later contradict these stated conditions, helping facilitate a smooth transfer of the agreement.
The City Council’s written consent to the assignment of the IDA is required, which consent shall not be unreasonably withheld. The IDA provides in Section 10, Transfer and Assignments, that the “Owner and its successors and assigns shall have the right to sell, assign or transfer the Agreement with respect to all or a portion of the Project Site, and all or a portion of its rights, duties and obligations hereunder, to any Transferee; provided, however, that no assignment of Owner’s rights, interests and obligations under this Agreement shall occur without approval by the City, which approval shall not be withheld, conditioned, delayed, or denied in a commercially unreasonable manner.” Accordingly, staff recommends approval of the Consent agreement.
FISCAL IMPACT:
There is no fiscal impact to this item.
ATTACHMENTS:
Attach 1 – Resolution
Attach 2 – Consent and Agreement to Assignment and Assumption Agreement Attach 3 – Assignment and Assumption Agreement
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HERCULES CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE A
CONSENT AGREEMENT TO AN ASSIGNMENT AND ASSUMPTION AGREEMENT
OF LAND USE AGREEMENTS AND PROJECT APPROVALS BY AND BETWEEN
HERCULES BLOCK Q&R DEVELOPMENT PARTNERS LP, A DELAWARE LIMITED PARTNERSHIP (“SELLER”) AND IEC RT VI HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“PURCHASER”) TO FACILITATE THE SALE OF THE DYLAN.
WHEREAS, the apartment building at 2200 John Muir Parkway, APN 404-730- 013-4 (“Property”) now known as The Dylan, was completed in 2021 as part of the Bayfront development; and
WHEREAS, the Property is bound by the Bayfront Implementing Development Agreement, Parking Operations Agreement, and Affordable Housing Covenant (“Agreements”); and
WHEREAS, on June 24, 2026, Seller notified staff of the potential sale of the Property to Purchaser and requested the City’s consent in accordance with the Bayfront Implementing Development Agreement; and
WHEREAS, the Bayfront Implementing Development Agreement provides that the Owner and its successors and assigns shall have the right to sell, assign or transfer the Agreement with respect to all or a portion of the Project Site, and all or a portion of its rights, duties and obligations hereunder, to any Transferee; provided, however, that no assignment of Owner’s rights, interests and obligations under this Agreement shall occur without approval by the City, which approval shall not be withheld, conditioned, delayed, or denied in a commercially unreasonable manner.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
1. The City Council hereby authorizes and directs the Interim City Manager to execute a Consent and Agreement to an Assignment and Assumption Agreement of Land Use Agreements and Project Approvals for The Dylan/2200 John Muir Parkway, Hercules, California by and between HERCULES BLOCK Q&R DEVELOPMENT PARTNERS LP (“Assignor”), a Delaware limited partnership, and IEC RT VI HOLDINGS, LLC (“Assignee”), a Delaware limited liability company, in a form substantially similar to that included in Exhibit A.
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The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 28th day of July, 2026 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
Exhibit A – Consent and Agreement
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CITY OF HERCULES’S CONSENT AND AGREEMENT
The City of Hercules (the “City”) hereby consents to that certain Assignment and Assumption Agreement of Land Use Agreements and Project Approvals for The Dylan/2200 John Muir Parkway, Hercules, California by and between HERCULES BLOCK Q&R DEVELOPMENT PARTNERS LP (“Assignor”), a Delaware limited partnership, and IEC RT VI HOLDINGS, LLC (“Assignee”), a Delaware limited liability company, dated as of ______ (the “Assignment”).
The City acknowledges and agrees that, from and after the effective date of the Assignment, Assignee shall be recognized by the City as the successor to Assignor with respect to the property rights and obligations, including, without limitation, all rights, benefits, privileges, credits, reimbursement rights, fee offsets, obligations, and responsibilities under the land use agreements and project approvals set forth in in Exhibit A, hereto (collectively, the “Property Rights and Obligations”), to the extent applicable to the Property.
The City confirms that upon approval and adoption of this Consent and Agreement, Assignee shall not be required to seek any further approvals from the City to assume the Property Rights and Obligations.
CITY OF HERCULES, a municipal corporation
By: _____________________________
Name: Patrick Tang
Its: Interim City Manager
Date: ___________________________
APPROVED AS TO FORM:
By: _____________________________
Name: Christie Crowl
Its: City Attorney
Date: ___________________________
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EXHIBIT A
LAND USE AGREEMENTS AND PROJECT APPROVALS
1. Vesting Development Agreement recorded June 15, 2012, as Instrument No. 2012-0142851, Official Records of Contra Costa County.
2. Implementing Development Agreement for the Hercules Bayfront Project recorded June 15, 2012, as Instrument No. 2012-0142855, Official Records of Contra Costa County.
3. Assignment of Entitlements recorded August 10, 2016, as Instrument No. 2016-0160279, Official Records of Contra Costa County.
4. Assignment and Assumption Agreement Implementing Development Agreement recorded August 10, 2016, as Instrument No. 2016-0160280, Official Records of Contra Costa County.
5. Assignment and Assumption Agreement Vesting Development Agreement recorded August 10, 2016, as Instrument No. 2016-0160281, Official Records of Contra Costa County.
6. Affordable Housing Plan Implementation Agreement recorded August 5, 2021, as Instrument No. 2021-0219183, Official Records of Contra Costa County.
7. Affordable Housing Covenant recorded August 5, 2021, as Instrument No. 2021-0219184, Official Records of Contra Costa County.
8. Bayfront Project Parking Operations Agreement made as of June 27, 2023, and recorded July 27, 2023, as Document No. 2023-0072068, Official Records of Contra Costa County.
9. All other City-issued, City-approved, or City-administered approvals, entitlements, permits, maps, development rights, project approvals, affordable housing approvals, parking approvals, operating memoranda, compliance determinations, and implementing documents affecting the property subject to the Agreement.
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RECORDING REQUESTED BY AND WHEN
RECORDED MAIL DOCUMENT TO:
Strategy Law, LLP
1 Almaden Boulevard, Suite 700
San Jose, California 95113
Attention: Frank MaioranaTom Lofaro
APNs: 404-730-005 & 404-730-010
(Space Above Line for Recorder’s Use Only)
ASSIGNMENT AND ASSUMPTION AGREEMENT OF
LAND USE AGREEMENTS AND PROJECT APPROVALS
THE DYLAN / 2200 JOHN MUIR PARKWAY, HERCULES, CALIFORNIA This ASSIGNMENT AND ASSUMPTION AGREEMENT OF LAND USE AGREEMENTS AND PROJECT APPROVALS (this “Agreement”) is made and entered into for reference purposes as of ____________, 2026, to be effective as of the Effective Date (as defined in Section 1.4 hereof), by and between HERCULES BLOCK Q&R DEVELOPMENT PARTNERS LP, a Delaware limited partnership (“Assignor” or “Seller”), and IEC RT VI HOLDINGS, LLC, a Delaware limited liability company (“Assignee” or “Purchaser”).
RECITALS
A. Assignor is the owner of that certain real property located in the City of Hercules (the “City”), County of Contra Costa, State of California, commonly known as The Dylan, 2200 John Muir Parkway, Hercules, California, and more particularly described in Exhibit 1 attached hereto and incorporated herein (the “Property”).
B. Assignor and Assignee are parties to that certain Purchase and Sale Agreement and Joint Escrow Instructions concerning The Dylan, dated as of July 2, 2026 (the “PSA”), pursuant to which Assignor agreed to sell, and Assignee agreed to acquire, the Property and certain rights, approvals, entitlements, intangibles, and related property interests associated with the Property.
C. The Property is improved with a multifamily residential rental project commonly known as The Dylan.
D. Hercules Bayfront, LLC, a Delaware limited liability company (“Original Owner”), and the City entered into that certain Vesting Development Agreement, dated March 14, 2012, and recorded in the Official Records of Contra Costa County (“Official Records”) on June 15, 2012, as Instrument No. 2012-0142851 (the “Vesting Development Agreement” or “VDA”).
E. Original Owner and the City entered into that certain Implementing Development Agreement for the Hercules Bayfront Project, dated March 14, 2012, and recorded in the Official Records on June 15, 2012, as Instrument No. 2012-0142855 (the “Implementing Development Agreement” or “IDA”).
F. Original Owner assigned certain entitlements and related rights pursuant to that certain Assignment of Entitlements recorded in the Official Records on August 10, 2016, as Instrument No. 2016- 0160279 (the “Assignment of Entitlements”).
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G. Original Owner assigned, and Hercules Development Partners LP accepted and assumed, certain rights and obligations under the IDA and VDA pursuant to that certain Assignment and Assumption Agreement Implementing Development Agreement recorded in the Official Records on August 10, 2016, as Instrument No. 2016-0160280, and that certain Assignment and Assumption Agreement Vesting Development Agreement recorded in the Official Records on August 10, 2016, as Instrument No. 2016- 0160281.
H. Assignor and the City entered into that certain Affordable Housing Plan Implementation Agreement recorded in the Official Records on August 5, 2021, as Instrument No. 2021-0219183 (the “AHPIA”).
I. Assignor and the City entered into that certain Affordable Housing Covenant recorded in the Official Records on August 5, 2021, as Instrument No. 2021-0219184 (the “Affordable Housing Covenant” or “AHC”).
J. The City and Hercules Land Partners, LP entered into that certain Bayfront Project Parking Operations Agreement made as of June 27, 2023, and recorded in the Official Records on July 27, 2023, as Document No. 2023-0072068 (the “Parking Operations Agreement”).
K. The IDA, VDA, Assignment of Entitlements, AHPIA, AHC, Parking Operations Agreement, and any other City-issued, City-approved, or City-administered approvals, entitlements, permits, maps, development rights, project approvals, affordable housing approvals, parking approvals, operating memoranda, compliance determinations, or implementing documents affecting the Property are collectively referred to herein as the “Land Use Agreements and Project Approvals.” The instruments and approvals included in the Land Use Agreements and Project Approvals are described on Exhibit 2 attached hereto.
L. Contemporaneously with the conveyance of the Property from Assignor to Assignee, Assignor desires to assign to Assignee, and Assignee desires to accept and assume, all of Assignor’s right, title, and interest in and to the Land Use Agreements and Project Approvals with respect to the Property arising on or after the Effective Date, including, without limitation, all development rights, entitlement rights, approvals, permits, maps, affordable housing rights and obligations, parking rights and obligations, credits, reimbursement rights, fee offsets, and related rights applicable to the Property (collectively, the “Property Rights and Obligations”).
M. The City is joining in this Agreement solely for the purpose of evidencing its consent and agreement to the assignment and assumption of the Property Rights and Obligations as set forth in the City of Hercules’s Consent and Agreement attached hereto.
N. Pursuant to the applicable provisions of the Land Use Agreements and Project Approvals, the City Council approved the assignment and assumption of the Property Rights and Obligations to Assignee as provided herein on ____________, 2026, by Resolution No. ____________.
NOW THEREFORE, in consideration of these promises, and of the agreements, covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1
ASSIGNMENT AND ASSUMPTION OF PROPERTY RIGHTS AND OBLIGATIONS
1.1 Incorporation of Recitals.
The recitals set forth above are incorporated by this reference and deemed a part of this Agreement, although they create no affirmative obligations on Assignor or Assignee except to the extent expressly set forth in the operative provisions of this Agreement.
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1.2 Assignment.
As of the Effective Date (as defined in Section 1.4 below), Assignor assigns to Assignee, without representation or warranty except as expressly provided in the PSA, all of Assignor’s right, title, and interest in and to the Property Rights and Obligations. Nothing contained in this Agreement shall be construed to expand, amend, or modify the Land Use Agreements and Project Approvals or to grant Assignee any rights in excess of the rights applicable to the Property under the Land Use Agreements and Project Approvals.
1.3 Assumption.
As of the Effective Date, Assignee accepts Assignor’s assignment of the Property Rights and Obligations and assumes the obligations under the Land Use Agreements and Project Approvals with respect to the Property first arising on or after the Effective Date. From and after the Effective Date, Assignee shall keep and perform all covenants, conditions, and provisions of the Land Use Agreements and Project Approvals relating to the Property first arising on or after the Effective Date, subject to the terms and limitations set forth in the Land Use Agreements and Project Approvals.
1.4 Effective Date.
For purposes of this Agreement, the “Effective Date” shall be the date on which the grant deed from Assignor to Assignee for the Property is recorded in the Official Records.
1.5 Assignor’s Release.
From and after the Effective Date, and subject to the City’s approval of this Agreement if and to the extent required by the Land Use Agreements and Project Approvals or applicable law, Assignor is released by the City from all obligations and liabilities under the Land Use Agreements and Project Approvals with respect to the Property Rights and Obligations first arising on or after the Effective Date.
Assignor shall remain responsible for obligations and liabilities, if any, under the Land Use Agreements and Project Approvals with respect to the Property arising or accruing prior to the Effective Date, except to the extent otherwise provided in the PSA or in the Land Use Agreements and Project Approvals.
1.6 No Modification of Land Use Agreements and Project Approvals.
This Agreement is intended to effectuate the assignment and assumption described herein and does not amend, modify, terminate, supersede, or otherwise alter the Land Use Agreements and Project Approvals. In the event of any conflict between this Agreement and any Land Use Agreement or Project Approval, the applicable Land Use Agreement or Project Approval shall control.
1.7 Annual Review and Compliance Responsibilities.
Assignor shall be responsible for annual review, periodic review, compliance review, reporting, and owner submittal obligations under the Land Use Agreements and Project Approvals with respect to the Property to the extent arising or accruing prior to the Effective Date. Assignee shall be responsible for annual review, periodic review, compliance review, reporting, and owner submittal obligations under the Land Use Agreements and Project Approvals with respect to the Property first arising on or after the Effective Date.
ARTICLE 2
RIGHTS AND REMEDIES
2.1 Pre-Effective Date Breach.
Any default or breach by Assignor under the Land Use Agreements and Project Approvals with respect to the Property arising or accruing prior to the Effective Date shall not constitute a breach or default by Assignee with respect to the Property Rights and Obligations. Subject to approval of this Agreement by the City if and to the extent required by the Land Use Agreements and Project Approvals or applicable law, the City will not impose any remedies under the Land Use Agreements and Project Approvals against 243
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Assignee arising from any default or breach by Assignor to the extent such default or breach arose or accrued prior to the Effective Date.
2.2 Post-Effective Date Breach.
Any default or breach by Assignee under the Land Use Agreements and Project Approvals with respect to the Property Rights and Obligations from and after the Effective Date shall not constitute a breach or default by Assignor. Subject to approval of this Agreement by the City if and to the extent required by the Land Use Agreements and Project Approvals or applicable law, the City will not impose any remedies under the Land Use Agreements and Project Approvals against Assignor arising from any default or breach by Assignee to the extent such default or breach first arises on or after the Effective Date.
2.3 Indemnities.
Assignee shall indemnify, defend, and hold Assignor harmless from and against any and all claims, damages, losses, liabilities, and costs, including without limitation reasonable attorneys’ fees, costs, and disbursements, to the extent arising from or relating to any failure by Assignee to comply with the Property Rights and Obligations or the terms and provisions of this Agreement from and after the Effective Date.
Assignor shall indemnify, defend, and hold Assignee harmless from and against any and all claims, damages, losses, liabilities, and costs, including without limitation reasonable attorneys’ fees, costs, and disbursements, to the extent arising from or relating to any failure by Assignor to comply with the Land Use Agreements and Project Approvals with respect to the Property arising or accruing prior to the Effective Date, or the terms and provisions of this Agreement. The indemnities set forth in this Section 2.3 are subject to the terms, limitations, survival provisions, and remedies set forth in the PSA to the extent applicable.
2.4 Survival of Indemnities.
The indemnities set forth in Section 2.3 shall survive the expiration or earlier termination of this Agreement, subject to the terms, limitations, survival provisions, and remedies set forth in the PSA to the extent applicable.
ARTICLE 3
GENERAL PROVISIONS
3.1 Notices.
All notices, demands, and other communications required or permitted under this Agreement shall be made in writing, and shall be delivered either personally (including by private courier), by certified mail, postage prepaid and return receipt requested, or by nationally recognized overnight courier service to the following addresses, or to such other addresses as the parties may designate in writing from time to time:
Assignor: Hercules Block Q&R Development Partners LP
c/o Ledcor Properties Corporation
Attn: Tom Lofaro
6405 Mira Mesa Blvd., Suite 200
San Diego, CA 92121
Telephone: 858-527-6477
Email: [email protected]
With a copy to: The Akin Law Firm, LLC
12600 Hill Country Blvd
Ste R-130 PMB 3092
Bee Cave, TX 78738
Attention: Rick Akin
Telephone: 970-870-0541
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Email: [email protected]
Assignee: IEC RT VI Holdings, LLC
c/o Interstate Equities Corporation
4970 El Camino Real #220
Los Altos, CA 94022
Attention: Marshall Boyd, Brendan Gibney, Miles Hofmann, Alex Giacco Telephone: 650-314-7010
Email: [email protected], [email protected], [email protected], [email protected]
With a copy to: Strategy Law, LLP
1 Almaden Boulevard, Suite 700
San Jose, California 95113
Attention: Frank Maiorana
Telephone: 408-666-1006
Email: [email protected]
Notices personally delivered shall be deemed received upon delivery. Notices delivered by certified mail as provided above shall be deemed received on actual delivery. Notices delivered by courier service as provided above shall be deemed received twenty-four (24) hours after the date of deposit.
3.2 Estoppel Certificates.
Within ten (10) days after receipt of a written request from time to time, either party shall execute and deliver to the other, or to an auditor, prospective lender, prospective purchaser, or title insurer, a written statement certifying to that party’s actual knowledge: (a) that this Agreement is unmodified and in full force and effect (or, if there have been modifications, that this Agreement is in full force and effect, and stating the date and nature of such modifications); (b) that there are no current defaults under this Agreement by Assignor or Assignee, as the case may be (or, if defaults are asserted, so describing with reasonable specificity), and that there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default; and (c) such other matters as may be reasonably requested.
3.3 Attorneys’ Fees.
In the event of any legal or equitable proceeding in connection with this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable costs and expenses, including without limitation reasonable attorneys’ fees, costs, and disbursements paid or incurred in good faith at the pre-trial, trial, and appellate levels, and in enforcing any judgment granted pursuant thereto.
3.4 No Waiver.
No delay or omission by either party in exercising any right, remedy, election, or option accruing upon the noncompliance or failure of performance by the other party under the provisions of this Agreement shall constitute an impairment or waiver of any such right, remedy, election, or option. No alleged waiver shall be valid or effective unless it is set forth in a writing executed by the party against whom the waiver is claimed.
3.5 Amendment.
This Agreement may be amended only by a written agreement signed by Assignor and Assignee and approved by the City.
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3.6 Successors and Assigns.
This Agreement runs with the land and shall be binding on and inure to the benefit of the parties and their respective successors and assigns.
3.7 Further Assurances.
Assignor and Assignee each covenant that they will, at any time and from time to time, execute any documents and take such additional actions as the other party, the City, or their respective successors or assigns shall reasonably require in order to more completely or perfectly carry out the assignment intended to be accomplished by this Agreement.
3.8 No Joint Venture.
Nothing contained herein shall be construed as creating a joint venture, agency, or any other relationship between the parties hereto other than that of assignor and assignee.
3.9 Severability.
If any term or provision of this Agreement or the application thereof to any person or circumstance is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and enforceable to the full extent permitted by law.
3.10 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
3.11 No Third-Party Beneficiaries.
This Agreement shall not be deemed or construed to confer any rights, title, or interest, including without limitation any third-party beneficiary status or right to enforce any provision of this Agreement, upon any person or entity other than Assignor, Assignee, the City, and their respective successors and assigns.
3.12 Time of the Essence.
Time is of the essence in the performance by each party of its obligations under this Agreement.
3.13 Authority.
Each person executing this Agreement represents and warrants that he or she has the authority to bind his or her respective party to the performance of its obligations hereunder and that all necessary entity approvals have been obtained.
3.14 Term.
The term of this Agreement shall commence on the Effective Date and shall expire upon the expiration or earlier termination of the Land Use Agreements and Project Approvals, as applicable. Upon the expiration or earlier termination of this Agreement, the parties shall have no further rights or obligations hereunder, except with respect to any obligation to have been performed prior to such expiration or termination, any default in the performance of the provisions of this Agreement which occurred prior to such expiration or termination, or any obligations which are specifically set forth as surviving this Agreement.
3.15 Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signature pages may be 246
7 {4908-9058-7324}
detached from the counterparts and attached to a single copy of this Agreement to physically form one document.
3.16 Default.
Any failure by either party to perform any material term or provision of this Agreement shall constitute a default (a) if such defaulting party does not cure such failure within thirty (30) days following written notice of default from the other party, where such failure is of a nature that can be cured within such thirty (30) day period, or (b) if such default is not of a nature that can be cured within such thirty (30) day period, if the defaulting party does not within such thirty (30) day period commence substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute to completion with diligence the curing of such failure. Any notice of default given hereunder shall be given in the same manner as provided in Section 3.1 hereof and shall specify in detail the nature of the failures in performance that the noticing party claims and the manner in which such failure can be satisfactorily cured.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Agreement by proper persons thereunto duly authorized, to be effective as of the Effective Date.
ASSIGNOR:
HERCULES BLOCK Q&R DEVELOPMENT
PARTNERS LP,
a Delaware limited partnership
By: Hercules Block Q&R Developments Inc.,
a Delaware corporation, its General Partner
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
ASSIGNEE:
IEC RT VI HOLDINGS, LLC,
a Delaware limited liability company
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
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EXHIBIT 1
Legal Description of Property
TRACT 1
Real property in the city of Hercules, County of Contra Costa, State of California, described as follows:
PARCEL 29 AND BAYFRONT LOOP (PARCEL 29), CITY OF HERCULES, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF SUBDIVISION 9499, FILED DECEMBER 13TH, 2018 MAP BOOK 540, PAGES 1 THROUGH 4, INCLUSIVE, OFFICIAL RECORDS OF CONTRA COSTA COUNTY.
APN: 404-730-005
TRACT 2
Real property in the City of Hercules, County of Contra Costa, State of California, described as follows:
BEING A PORTION OF PARCEL D AS DESCRIBED IN THAT PARCEL MAP RECORDED OCTOBER 12TH, 2000 IN BOOK 179 OF PARCEL MAPS, PAGES 38 THROUGH 40, CONTRA COSTA COUNTY RECORDS, AND BEING MORE PATICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY POINT OF PARCEL D AS SHOWN ON SAID MAP, THENCE NORTH 37O 46’ 59” WEST, ALONG THE EASTERLY LINE OF SAID PARCEL D A DISTANCE OF 105.34 FEET;
THENCE LEAVING SAID EASTERLY LINE, SOUTH 49O 30’ 00” WEST, 99.61 FEET; THENCE SOUTH 40O 30’ 00” EAST, 105.22 FEET;
THENCE NORTH 49O 30’ 00” EAST, 94.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 10,218 SQUARE FEET OF LAND, MORE OR LESS
APN: 404-730-010
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EXHIBIT 2
LAND USE AGREEMENTS AND PROJECT APPROVALS
1. Vesting Development Agreement recorded June 15, 2012, as Instrument No. 2012-0142851, Official Records of Contra Costa County.
2. Implementing Development Agreement for the Hercules Bayfront Project recorded June 15, 2012, as Instrument No. 2012-0142855, Official Records of Contra Costa County.
3. Assignment of Entitlements recorded August 10, 2016, as Instrument No. 2016-0160279, Official Records of Contra Costa County.
4. Assignment and Assumption Agreement Implementing Development Agreement recorded August 10, 2016, as Instrument No. 2016-0160280, Official Records of Contra Costa County.
5. Assignment and Assumption Agreement Vesting Development Agreement recorded August 10, 2016, as Instrument No. 2016-0160281, Official Records of Contra Costa County.
6. Affordable Housing Plan Implementation Agreement recorded August 5, 2021, as Instrument No. 2021-0219183, Official Records of Contra Costa County.
7. Affordable Housing Covenant recorded August 5, 2021, as Instrument No. 2021-0219184, Official Records of Contra Costa County.
8. Bayfront Project Parking Operations Agreement made as of June 27, 2023, and recorded July 27, 2023, as Document No. 2023-0072068, Official Records of Contra Costa County.
9. All other City-issued, City-approved, or City-administered approvals, entitlements, permits, maps, development rights, project approvals, affordable housing approvals, parking approvals, operating memoranda, compliance determinations, and implementing documents affecting the Property. 249
DISCUSSION AND/OR ACTION ITEM
AGENDA ITEMS
3. 26-194
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 28, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference and General Assembly Meeting RECOMMENDED ACTION:
Designate a voting delegate and alternates for the League of California Cities Annual Conference and General Assembly Meeting to be held September 23-25, 2026 in Anaheim, CA.
DISCUSSION:
The League of California Cities bylaws outline the procedures regarding the designation of delegates and alternates by the City Council.
The League’s 2026 Annual Conference is scheduled for September 23-25, 2026 in Anaheim CA at the Anaheim Convention Center. An important part of the Annual Conference is the General Assembly meeting at which the League membership considers and takes action on resolutions that establish League policy.
To vote during the General Assembly, the City Council must formally designate a voting delegate and up to two alternates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.
The voting delegate and alternates must be registered to attend the conference. In order to cast a vote, at least one must be present at the General Assembly and in possession of a voting card. Once the voting delegates and alternates pick up their conference badges, they will receive a special sticker on their name badges that will admit them into the voting area during General Assembly.
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At the General Assembly, individuals with the voting card will sit in a separate area.
Admission to this area will be limited to those individuals with the special sticker on their name badge identifying them as a voting delegate or alternate.
The voting card may be transferred between the voting delegate and alternates only.
Transferring voting cards to non-designated individuals is not allowed. If the voting delegate and alternates are unable to attend the General Assembly, they may not transfer the voting card to another city official.
Following council action this evening, the City Clerk will submit the names of the voting delegate and up to two alternates for the City of Hercules to Cal Cities by Tuesday, September 1st, 2026.
FISCAL IMPACT:
The cost for a city delegate and alternate to attend the League Annual Conference is included in the FY 2026/27 annual budget.
ATTACHMENTS:
1. LOCC Memo and Voting Procedures and Guidelines
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
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alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 254
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 256