Agenda Packet — Hercules City Council, September 22, 2026

Tuesday, September 22, 2026
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Chris Kelley
Vice Mayor Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Council Member Dion Bailey
Patrick Tang, Interim City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
REGULAR MEETING - 7:00 P.M
In-Person in Council Chambers or Via Zoom:

Zoom ID: 897 1446 1416 Zoom Passcode: 583904
Zoom Phone Number: 1-669-900-6833
1 September 22, 2026City Council Meeting Agenda
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL CLOSED SESSION – NONE
II. PUBLIC COMMUNICATION - NONE
III. CONVENE INTO CLOSED SESSION - NONE
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 PM V. Mayor Chris Kelley will be participating in the meeting from the following remote location: 152 Whig Street, Dennis, MA 02638

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. 26-226
Proclamation - Hispanic Heritage Month: September 15 - October 15, 2026
ProclamationAttachments:

2. 26-227 Presentation - MCE
MCE - City of HerculesAttachments:

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 September 22, 2026City Council Meeting Agenda
XI. PUBLIC HEARINGS
XII. CONSENT CALENDAR

1. 26-230 Meeting Minutes for the Regular Meeting of September 8, 2026 Meeting Minutes for the Regular Meeting of September 8, 2026Attachments:

2. 26-232 Approve Resolution Appointing Mike Futrell as City of Hercules City Manager and Authorize the Mayor to Execute an Employment Agreement

RECOMMENDATION
Approve a resolution appointing Mike Futrell as City of Hercules City Manager and authorize the mayor to execute an employment agreement with Mike Futrell.

Staff Report
Attach 1 - Resolution
Attach 2 - Employment Agreement - City Manager
Attachments:

3. 26-231 Conflict of Interest Code Biennial Review
RECOMMENDATION:

Adopt a Resolution amending the City’s Conflict of Interest Code for designated employees, consultants, boards, committees and commissions for the City of Hercules.

Staff Report
Attach 1 - Resolution with Exhibit A
Attach 2 - 2026 Local Agency Notice Instructions
Attachments:

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3 September 22, 2026City Council Meeting Agenda
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 26-229 Housing Asset Funding Commitment Letter to Satellite Affordable Housing Associates
RECOMMENDATION:

By resolution, approve a commitment letter outlining preliminary loan terms for the award of $2,500,000 in Housing Asset Funds to Satellite Affordable Housing Associates (“SAHA”) to support affordable housing development and authorize staff to negotiate, draft, and execute loan documents that carry out the terms of the commitment letter.

Staff Report
Attach 1 - Resolution
Attach 2 - Loan Commitment Letter
Attachments:

2. 26-240 Acceptance of the Hercules Police Lobbies Project RECOMMENDATION:

Adopt a resolution accepting the Hercules Police Lobbies Project contract with GSP Construction, Inc. as complete for a total amount of $264,935 and authorizing the filing of the Notice of Completion with the Contra Costa County Recorder’s Office.

Staff Report
Attach 1 - Resolution
Attach 2 - Notice of Completion
Attachments:

3. 26-243 Amend City Council Rules of Procedure Pertaining to Personnel Evaluations

RECOMMENDATION
By minute order, approve amendments to the City Council Rules of Procedure to allow a member to call a closed session to evaluate the performance of the City Manager or City Attorney.

Staff Report - Amendment to the City Council Rules of Procedure Attach 1 - Draft Amendments to the Rule of Procedure
Attach 2 - Council Rules of Procedure
Attachments:

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

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4 September 22, 2026City Council Meeting Agenda
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

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

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

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

3. Commission Liaisons
a. Community & Library Services Commission
b. Finance Commission
c. Planning Commisison
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, October 13, 2026 at 7:00 PM 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: September 17, 2026)

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5 September 22, 2026City Council Meeting Agenda

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

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

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

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

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

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

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

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

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6 September 22, 2026City Council Meeting Agenda

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

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

Video Streamed Live on the City’s Website:

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

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

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

2. Locate the desired meeting and date.

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

Video = Video is available for on demand viewing.

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

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

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7 September 22, 2026City Council Meeting Agenda

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

1. SPECIAL ACCOMMODATIONS: In compliance with the Americans with Disabilities Act 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.

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8 INTRODUCTIONS/PRESENTATIONS/

COMMISSION REPORTS

AGENDA ITEMS

1. 26-226

2. 26-227
9 PROCLAMATION

RECOGNIZING SEPTEMBER 15th to OCTOBER 15th, 2026 AS

NATIONAL HISPANIC HERITAGE MONTH IN THE CITY OF

HERCULES

WHEREAS, National Hispanic Heritage Month celebrates the heritage, history, traditions, and cultural diversity of Hispanic and Latino Americans tracing roots to Spain, Mexico, Central America, South America and the Spanish -speaking nations of the Caribbean; and

WHEREAS, Hispanic and Latino Americans represent a diversity of national origins, racial and ethnic identities, languages and cultures whose contributions and lived experiences in the United States are an essential part of our nation’s history and continue to enrich our nation’s evolving and vibrant identity; and

WHEREAS, of 39.5 million people liv ing in California, more than half of young Californians age 24 and under are Latino and will continue to shape California’s schools, workforce, and public systems. Hispanic Heritage month is an opportunity for all citizens to learn about the unique voices and experiences of Hispanic/Latino Americans , the contributions made in civil rights advocacy, buisiness, politics and beyond , and demonstrate the importance of inclusivity in shaping a properous and innovative nation to our future generations of leaders;

WHEREAS, the City of Hercules recognizes the profound contributions of Hispanic and Latino Americans to the fabric of American society and reaffirm our commitment to inclusivity in our City by promoting cultural understanding and celebrating the rich diversity of our community.

NOW, THEREFORE, BE IT PROCLAIMED, that I, Chris Kelley, Mayor of the City of Hercules, on behalf of the entire City Council, do hereby proclaim September 15 through October 15, 2026 as National Hispanic Heritage Month in the City of Hercules. I call upon residents to observe this month by attending celebrations and learning more about the diverse histories and achievements of Hispanic and Latin Americans that deepen connections and pave the way for future generations and leaders.

In witness whereof, I hereunto set my hand and cause the seal of the City of Hercules to be affixed this 22nd day of September 2026.

_____________________________
Chris Kelley, Mayor
10 INTRODUCTIONS/PRESENTATIONS/

COMMISSION REPORTS

AGENDA ITEMS

2. 26-227
11 MCE
A local, not-for-profit
electricity provider
September 22, 2026
City of Hercules
12 Community
Choice in
California
Enabling
Legislation
AB 117, 2002
Over 14 million
customers & 200
communities
Opt-out
model
Serving Customers
Implementation Plan Field
Considering CCA
2 13
How MCE Works
Benefit from cleaner air,
stable rates, choice and
local control
You
Delivers energy,
maintains lines, and
sends bills
PG&E
Buys and builds clean
and renewable
energy for you
MCE
3 14
Not-for-Profit
Public Agency
34 Board Members.

Elected officials.

No tax dollars.
4 Bay Area
counties
600,000
Accounts

1.8 million
customers
4 15
MCE’s Growth
2010 2012 2013 2015 2016 2018 2020 2021 2022
MCE
service
launches to
small group
in Marin
County
Service offered
to all of Marin
County
Service starts in
Richmond
Service starts in
Benicia, El Cerrito,
San Pablo, and
unincorporated
Napa County
Service starts in
American Canyon,
Calistoga, Lafayette,
Napa, St. Helena,
Walnut Creek, and
Yountville
Service starts in
Concord, Danville,
Martinez, Moraga,
Oakley, Pinole,
Pittsburg, San Ramon,
and unincorporated
Contra Costa County
Service starts in
unincorporated
Solano County
Service starts in
Vallejo and
Pleasant Hill
Service starts
in Fairfield
2025
Service starts in
Hercules
5 16
Your Energy
Choices
17 Choice is Power
Default Service
100%
MCE
Deep Green

RENEWABLE
60%
MCE
Light Green

RENEWABLE
23%
PG&E

RENEWABLE
7 18
Residential Cost Comparison Example
Electric Generation $51.22 $56.69 $53.94
PG&E Electric Delivery $129.35 $129.35 $129.35
Additional PG&E Fees $16.29 $16.29 $-4.02
Average Total Monthly Cost $196.86 $202.33 $179.26
60%

RENEWABLE
MCE
Light Green
100%

RENEWABLE
MCE
Deep Green
23%

RENEWABLE
PG&E
8 *Rates effective April 1, 2026
19 Rate Reductions and
Customer Bill Relief
Lower generation rates:
• A 14% reduction in MCE’s generation rate
T
emporary bill credit:
• A $0.0062/kWh credit, applied through 2026
• Helping offset recent PG&E exit fee increase
E
xpanded MCE Cares Credit
• $10M additional funding
• $20/month credit residential
• $25/month credit small bu siness customers
CARE, FERA, and Medical Baseline Allowance
are provided in full.
9 20
MCE and the
City of Hercules
21 Hercules At A Glance
11 Strong Participation, Real Community Impact
Community Benefits1 Customer Enrollment
EV Rebates Distributed2 $84,000
Energy Efficiency
Rebates Distributed $29,300

MCE Participation Rate 93%
Deep Green 0.2%
Solar 19%
CARE Discount 16%
Medical Baseline 5%
1 Cumulative statistics since joining MCE
2 Funds distributed directly to customers
22 Community
Engagement
• Partnering with MCE: H ercules city staff
are participating in a new Contra Costa
staff working group led by MCE. This
quarterly group brings together a
coalition of sustainability staff across
MCE member communities in Contra
Costa County.
• Local Sponsorship: He
rcules Senior
Center Spring Wellness Fair, State of the
Cities Hercules, Hercules Cultural Day,
Hercules Rotary Care and Share, Bay
Front Run and Festival, Lunar New Year
Parade, Bay Front Chamber
MCE staff with Vice Mayor Walker-Griffin 12
23 Electric Vehicle Programs
Income-Qualified
EV Rebates
$3,500 per vehicle
Stacks with other incentives
MCE Sync
Automates EV charging at
home to use the least
expensive and cleanest
energy on the grid
Workplace &
Multifamily Charging
2,300+ ports
$4,500 rebates for
workplace
and multifamily properties
13 24
Get Involved
14 25
The Power of MCE
metric tons of
GHGs eliminated
since 2010
548K
60% renewable
since 2017,
100%
renewable option
95%
carbon-free
since 2022
$400M
reinvested in MCE
communities since
2010
$4.5B
committed to
building new
renewable projects
46MW
of new renewable
projects built in our
service area
of labor hours
supported

3.3M
7,134
jobs created
15 26
Thank you!
mceCleanEnergy.org
[email protected]
(888) 632-3674
27 Appendix
mceCleanEnergy.org
[email protected]
(888) 632-3674
28 2024 Power Content
Renewable (%) 23% 69% 100%
Bioenergy 3 2 0
Geothermal 0 2 0
Eligible Hydro 1 4 0
Solar 14 44 50
Wind 4 17 50
Large Hydro 12 31 0
Natural Gas 2 0 0
Nuclear 63 0 0
Unspecified/Other 0 0 0
PG&E MCE Light
Green
MCE Deep
Green
Solar
Biogas
Wind
Union Job
Local Hire
Geothermal
Energy Storage
18 29

CONSENT CALENDAR

AGENDA ITEMS

1. 26-230

2. 26-232

3. 26-231
30 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Chris Kelley
Vice Mayor Alex Walker-Griffin
Council Member Dilli Bhattarai
Council Member Tiffany Grimsley
Council Member Dion Bailey
Patrick Tang, Interim City Manager
Christie Crowl, City Attorney
Eibleis Melendez, City Clerk
7:00 PMTuesday, September 8, 2026
REGULAR MEETING - 7:00 P.M
In-Person in Council Chambers or Via Zoom:

Zoom ID: 843 0754 6485 Zoom Passcode: 232861
Zoom Phone Number: 1-669-900-6833
I. SPECIAL CLOSED SESSION – CALL TO ORDER - ROLL CALL - NONE NONE
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS - NONE NONE
III. CONVENE INTO CLOSED SESSION - NONE
NONE
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

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

Present: 5 -
V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION-

NO CLOSED SESSION
B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
NONE
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Mayor Kelley.

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31 September 8, 2026City Council Meeting Minutes
VII. MOMENT OF SILENCE
Mayor Kelley requested a Moment of Silence for retired Kindergarten teacher Joyce Tanaka as well as the over 1500 people who have died in the Nepal floods.

VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 26-221
Proclamation - 25th Anniversary of September 11 Patriot Day and National Day of Service and Remembrance
ProclamationAttachments:

Mayor Kelley read the proclamation. Council made remarks.

2. 26-211 Presentation - Family Justice Center
PresentationAttachments:

Representatives from the Family Justice Center presented. Council asked questions and made remarks.

IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
Public comment was provided by Kendall and Jeremy Tang.

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.

XI. PUBLIC HEARINGS
NONE

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32 September 8, 2026City Council Meeting Minutes
XII. CONSENT CALENDAR
MOTION: A motion was made by Vice Mayor Walker-Griffin, seconded by Council Member Bhattarai, to adopt the Consent Calendar. The motion carried by the following vote:

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

1. 26-214
Meeting Minutes for the Special Meeting of July 28, 2026.

Meeting Minutes for the Special Meeting of July 28, 2026Attachments:

APPROVED

2. 26-212 Meeting Minutes of the Regular Meeting of July 28, 2026 Meeting Minutes for the Regular Meeting of July 28, 2026Attachments:

APPROVED

3. 26-222 Meeting Minutes for the Special Closed Session of July 29, 2026 Meeting Minutes for the Special Closed Session of July 29, 2026Attachments:

APPROVED

4. 26-223 Meeting Minutes for the Special Closed Session of July 31, 2026 Meeting Minutes for the Special Closed Session of July 31, 2026Attachments:

APPROVED

5. 26-224 Meeting Minutes for the Special Closed Session of August 3, 2026 Meeting Minutes of the Special Closed Session of August 3, 2026Attachments:

APPROVED

6. 26-225 Meeting Minutes for the Special Closed Session of August 25, 2026 Meeting Minutes for the Special Closed Session of August 25, 2026Attachments:

APPROVED

7. 26-217 Accept the Investment Report for the Quarter Ending June 30, 2026 RECOMMENDATION:

Accept the Investment Report for the Quarter Ending June 30, 2026.

Staff Report - Investment Quarterly Report Ending 06302026 Attach 1 - Quarterly Investment Report
Attachments:

APPROVED

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33 September 8, 2026City Council Meeting Minutes

8. 26-220 Addition of a Police Support Supervisor Job Description to the City’s Classification Plan

RECOMMENDATION
Adopt a resolution approving the addition of a Police Support Supervisor job description to the City’s Classification Plan and approving an amended Fiscal Year 2026-2027 Master Salary Schedule pursuant to California Public Employees Retirement System (“CalPERS”) requirements.

Staff Report - Police Support Supervisor Job Description Attach 1 - Resolution Adopting Addition of Police Support Sup.

Classification and Revised Salary Schedule
Attach 2 - Police Support Supervisor Job Description
Attach 3 - FY 26-27 Master Salary Schedule-REVISED
Attachments:

RESOLUTION 26-055

9. 26-213 Information Technology (IT) Surplus Equipment for Disposal RECOMMENDATION:

Staff recommends that the City Council adopt a resolution that declares the list of IT equipment as surplus property, which is deemed obsolete and no longer required for public operations, and authorize staff to proceed with the disposal of the identified surplus property.

Staff Report
Attach 1 - Resolution
Attachments:

RESOLUTION 26-056

10. 26-210 Acceptance of Civil Improvements as Complete and the Offers of Dedication for Easements for Tract No.9606 Owl Ranch
RECOMMENDATION:

Adopt a resolution accepting the civil improvements as complete and offers of dedication for easements for Tract No.9606 Owl Ranch.

Staff Report
Attach 1 - Resolution
Attach 2 - Own Ranch Subdivision Map
Attachments:

RESOLUTION 26-057

11. 26-207 Proposed Amendment to the Joint Exercise of Powers Agreement forming the West Contra Costa Integrated Waste Management Authority (Joint Powers Authority) to Change the Authority Fiscal Year to January 1 - December 31 beginning in 2027
RECOMMENDATION:

The City Council is requested to approve the Resolution authorizing the Mayor to execute the amendment to the Joint Exercise of Powers

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34 September 8, 2026City Council Meeting Minutes
Agreement to change the Fiscal Year from July 1 - June 30 to January 1 - December 31, commencing January 1, 2027.

Staff Report
Attach 1 - Resolution
Exhibit A - First Amendment to 5th Amended and Restated JEPA Attach 2 - Joint Exercise of Powers Agreement Resolution Attachments:

RESOLUTION 26-058
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 26-215 Award of a Construction Contract in the amount of $804,133 to Rapid Grading Service for the Foxboro Pavement Rehabilitation Project - Phase1

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a construction contract with Rapid Grading Services in the amount of $804,133 for the Foxboro Pavement Rehabilitation Project - Phase 1,and authorizing an additional expenditure of up to $80,413 for a 10 percent contingency on said construction contract, for a total not to exceed contract amount of $884,546.

Staff Report - Foxboro Pavement Rehabilitation Project - Phase 1 Attach 1 - Resolution
Attach 2 - Location Map - Foxboro Pavement Rehabilition Project - Phase 1
Attachments:

Interim Public Works Director, Mike Roberts, presented the Staff Report.

Council asked questions. Director Roberts provided a response. No public comment. Action was taken on this item.

MOTION: A motion was made by Council Member Bailey, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 26-059. 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. 26-218
Professional Services Agreement with Sanbell to provide Construction Management Services for the Foxboro Pavement Rehabilitation Project - Phase 1

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional services agreement with Sanbell, Inc. in the amount of $81,974 to provide Construction Management Services for the Foxboro Pavement Rehabilitation Project - Phase 1.

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35 September 8, 2026City Council Meeting Minutes
Staff Report - Foxboro Construction Management Sanbell
Attach 1 - Resolution
Attach 2 - 26-030 Bellecci & Associates Inc DBA Sandbell Attachments:

Interim Public Works Director, Mike Roberts, presented the Staff Report.

Representatives from Sanbell attended via Zoom to answer any questions.

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

MOTION: A motion was made by Council Member Bhattarai, seconded by Council Member Grimsley, to adopt Resolution 26-060. The motion carried by the following vote:

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

3. 26-190
Adoption of the June 2026 Sewer System Management Plan
RECOMMENDATION:

Approve a Resolution adopting the June 2026 Sewer System Management Plan.

Staff Report
Attach 1 - Resolution
Attach 2 - Sewer System Management Plan Update
Presentation
Attachments:

Interim Public Works Director, Mike Roberts, introduced the item. Public Works Superintendent, Chris Morris, presented. Representatives from West Yost attended via Zoom to answer any questions. Council asked questions and made remarks. Superintendent Morris and Director Roberts provided a response. No public comment. Action was taken on this item.

MOTION: A motion was made by Vice Mayor Walker-Griffin, seconded by Council Member Grimsley, to adopt Resolution 26-058. 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 -
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.

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36 September 8, 2026City Council Meeting Minutes
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

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

3. Commission Liaisons
a. Community & Library Services Commission
b. Finance Commission
c. Planning Commisison
Interim City Manager Tang invited Parks and Recreation Director, Christopher Roke, to the podium to announce upcoming events and to provide an update on park improvements. City Attorney Crowl had no announcements.

1. Regional Committees
Council Member Grimsley and Council Member Bailey reported out on the WestCat board meeting. Vice Mayor Walker-Griffin attended the Contra Costa Mayors Conference. Mayor Kelley reported out on the West Contra Costa Transportation Advisory Committee(WCCTAC) meeting.

2. City Council Committees and Subcommittees
No reports were provided

Page 7 ends

37 September 8, 2026City Council Meeting Minutes

3.Commission Liaisons
No reports were provided
Council also reported out on local and regional events that they had attend.

Future Agenda Item Requests-
Council Member Bailey requested that Council have a discussion at the 9/22/2026 City Council Meeting on amending the Council Rules of Procedure to allow a Council Member to request a Closed Session item if there is a personnel issue with the two position under Council. The Council unanimously agreed to bring it back to Council on 9/22/26.

Vice Mayor Walker-Griffin requested a presentation from Entitled Futures at a future City Council meeting.

Council Member Grimsley requested a presentation from our School Board Representatives from West Contra Costa County and John Swett Unified School District.

Council unanimously agreed to have both presentation on the agenda at a future meeting.

XVI. ADJOURNMENT
Mayor Kelley adjourned the meeting at 8:38pm
_________________________________
Chris Kelley, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

Page 8 ends

38 CONSENT CALENDAR

AGENDA ITEMS

2. 26-232
39 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 22, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Kristi Carter, Human Resources Manager
SUBJECT: Approve Resolution Appointing Mike Futrell as City of Hercules City Manager and Authorize the Mayor to Execute an Employment Agreement
RECOMMENDED ACTION:

Approve a resolution appointing Mike Futrell as City of Hercules City Manager and authorize the mayor to execute an employment agreement with Mike Futrell.

BACKGROUND:

In March 2026, former City Manager Dante Hall left the City of Hercules to take a new position with the City of Monterey. Upon his departure, the City Council appointed Patrick Tang to be the Interim City Manager while the City undertook a recruitment process to select a permanent City Manager.

In April 2026, the City Council selected Mosaic Public Partners, a nationwide recruiting firm, to conduct an open and broad search for the most qualified candidates to be considered as the next City of Hercules City Manager.

At a special meeting on July 29, 2026, the City Council convened in closed session to interview candidates identified by the recruiting firm. Separate interviews were also conducted by City department directors. On July 31, the City Council conducted final interviews with the top four candidates in closed session. On August 3 and August 25, the City Council met in closed session to discuss the interview process and deliberate.

The City Council voted unanimously to direct staff to negotiate an employment agreement with Mr. Futrell and to prepare a resolution to appoint Mike Futrell to the position of City Manager with commencement of his duties on September 23, 2026. 40 The attached agreement, prepared by the City Attorney, is the product of this negotiation process and is provided to the entire City Council for consideration.

DISCUSSION:

Mr. Futrell was previously the City Manager of the City of South San Francisco and the City of Riverside. He holds a bachelor’s degree in Business and Public Administration and a law degree from Louisiana State University , as well as a Master of Business Administration from the University of Massachusetts . Mr. Futrell is also a retired United States Navy officer and a former member of the Louisiana House of Representatives.

Approval of the employment agreement and authorization for the mayor to execute it is now required.

FISCAL IMPACT:

This item has no fiscal impact to the General Fund as the position’s pay and benefits have already been incorporated into the FY 2026/27 Budget.

ATTACHMENTS:

Attachment 1 Resolution
Attachment 2 Employment Agreement with Mike Futrell
41 CITY OF HERCULES
RESOLUTION NO. 26-

A RESOLUTION OF THE HERCULES CITY COUNCIL APPROVING AN

EMPLOYMENT AGREEM ENT WITH MIKE FUTRELL AND APPOINTING MIKE

FUTRELL AS CITY MANAGER

WHEREAS, the City desires to hire a professional, highly ethical and qualifi ed City Manager; and

WHEREAS, the City engaged the services of Mosaic Public Partners to conduct an open and broad search for the most qualified candidates for the position; and

WHEREAS, after conducting interviews of the top candidates , and after rece iving and considering input from the City’s department directors, the Council determined that Mike Futrell has the combination of qualifications, credentials, experience , and leadership abilities required to manage the City of Hercules, and has selected Mike Futrell to serve as its City Manager in accordance with the Employment Agreement attached hereto as Exhibit “A”; and

WHEREAS, Mike Futrell has agreed to serve as City Manager of the City of Her cules in accordance with the Employment Agreement attached hereto as Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that Mike Futrell is hereby employed as City Manager of the City of Hercules in accordance with the terms and conditions of the Employment Agreement attach ed hereto as Exhibit “A”; and

BE IT FURTHER RESOLVED that the Employment Agreement attached hereto as Exhibit “A” is hereby approved , and the Mayor is authorized to execute said Employment Agreement on behalf of the City of Hercules.

The foregoing Reso lution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 22nd day of September, 2026 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Chris Kelley, Mayor
ATTEST:

Eibleis Melendez, City Clerk
42 43
44 45

Page 4 of 8 ends

cause” only pertains to Futrell’s eligibility for severance as described in this Section 4. If the City terminates this Agreement and Futrell’s employment for cause as defined in this Section 4, the City shall deliver a written Notice of Termination for Cause in accordance with the Notice provisions in Section 14 of this Agreement. Prior to making a decision to terminate this Agreement for cause and delivery of said Notice of Termination for Cause, the City Council shall hold at least one closed session meeting where Futrell is afforded an opportunity to address the City Council on the potential termination . A termination "for cause" for purposes of this Agreement includes any or all of the following:
a. Dishonesty;
b. Embezzlement;
c. Conviction of a felony or misdemeanor relating to Futrell’s fitness to perform assigned duties;
d. Fraud in securing this appointment and/or execution of this Agreement;
e. Willful destruction, theft, or misappropriation of City property; f. Repeated unexcused absences;
g. Any act involving moral turpitude, including but not limited to inappropriate workplace behavior and/or retaliation against any employee or member of the public who in good faith reports violations of law or City policy;
h. Taking a position adverse to the interests of the City without the City's prior written consent;
i. Violation of any state or federal discrimination laws concerning race, religious creed, color, national origin, ancestry, sexual orientation, physical or mental disability, marital status, sex, or age concerning members of the public or City staff, or violation of any fiduciary duty owed to the City;
j. Failure to abide by the terms of this Agreement;
k. Repeated failure, without good cause, to carry out lawful directives formally approved by the City Council acting as a body during a Brown Act compliant meeting after written notice and reasonable opportunity to cure; or
l. Failure to observe or perform any of the duties and obligations under this Agreement, if that failure continues for
a period of thirty (30)
days after Futrell receives written notice.
iii.

Pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by Futrell from the City shall be fully reimbursed to City if Futrell is convicted of a crime involving an abuse of office or position as defined in California Government Code section 53243.4.

C. Sta
tement Upon Termination. In the event this Agreement is terminated prior to the end of the Term for any reason, the City and Futrell agree that no member of the City Council, the City staff, or Futrell, shall make any written, oral or electronic statement to any member of the public, the press, or any City employee concerning said termination except in the Docusign Envelope ID: 997224D9-E830-80EE-8278-C9B21CF2DA2A 46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 CONSENT CALENDAR

AGENDA ITEMS

3. 26-231
67 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 22, 2026

TO: Mayor and Members of the City Council

VIA: Patrick Tang, Interim City Manager

SUBMITTED BY: Eibleis Melendez, City Clerk

SUBJECT: Conflict of Interest Code Biennial Review

RECOMMENDED ACTION:

Adopt a Resolution amending the City’s Conflict of Interest Code for designated employees, consultants, boards, committees and commissions for the City of Hercules.

BACKGROUND:

The Political Reform Act of 1974 requires that cities and other local agencies adopt Conflict of Interest Codes and that these codes require disclosure of financial interests of certain employees, consultants, boards, commissions and committees, if these persons are likely to be involved in decision-making that could affect their own financial interests.

All public employees must comply with the State’s general conf lict of interest laws by abstaining from influencing or making decisions that would affect their own financial interests. Additionally, employees who hold positions designated in the City’s Conflict of Interest Code must disclose specified types of financ ial interests on annual financial disclosure statements that are filed with the City Clerk. Government Code Section 87309(c) states that the Code may not be approved if it “fails to adequately differentiate between designated employees with different powers and responsibilities.” With that in mind the City’s Conflict of Interest Code includes varying disclosure categories.

The City’s Conflict of Interest Code does not list the City Council, Planning Commission, City Manager, City Attorney or Treasurer (F inance Director) as these positions are required under Government Code §87200 to report to the Fair Political Practices Commissio n (FPPC). No other commissions are required to report under the City’s Conflict of Interest Code as they are advisory to the City Council only.

68 The City Council last amended the Conflict of In terest Code on September 24, 2024 by Resolution No. 24.-062. State law requires every local governmental agency to review its Conflict of Interest Code every two years to determine if it is up to date. After a review of the City’s Code, staff has determined that the Disclosure Categories for certain classifications require an amendment. These positions include City Clerk/PIO, Human Resources Manager, Police Administrative Specialist, Chief of Police and Public Works Superintendent. The recommended amendments will properly align each position’s disclosure requirement with its current job responsibilities. Recommended amendments are indicated by strikethrough text in Exhibit A.

FISCAL IMPACT:

There is no fiscal impact as a result of this item.

ATTACHMENTS:

1. Resolution with Exhibit A

2. Local Agency Biennial Notice

69 CITY OF HERCULES
RESOLUTION NO. 26-

A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF HERCULES AMENDING THE CITY’S CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEE S,

CONSULTANTS, BOARDS, COMMITTEES AND COMMISSIONS FOR THE CITY OF

HERCULES

WHEREAS, provisions of the Political Reform Act requires local agencies to adopt and promulgate conflict of interest codes; and

WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, Title 2, Division 6, California Code of Regulations section 18730, which contains the terms of a model conflict of interest code which meets the requirements of the Political Reform Act; and

WHEREAS, Title 2 California Code of Regulations 18730 has been incorporated by reference in the City’s Conflict of Interest Code; and

WHEREAS, the City of Hercules last amended its Conflict of Interest Code by Resolution No. 24-062 adopted by the City Council on September 24, 2024; and

WHEREAS, after a review of the classifications and disclosure categories, it has been determined that the Code should be amended to update the disclosure categories for certain classifications; and

WHEREAS, the classification of City Clerk/PIO, Human Resources Manager, Police Administrative Specialist, Chief of Police and Public Works Superintendent disclosure categories have been updated to align with the job responsibilities of the position.

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

1. That the terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the FPPC shall, along with Exhibit A – 2026 Conflict of Interest Code for the City of Hercules, which are attached and incorporated herein by reference, in which members, employees, and consultants are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Hercules; and

2. All designated members, employees, and consultants of the City of Hercules set forth on Exhibit A – 2026 Conflict of Interest Code shall file Statements of Economic Interest with the City Clerk of the City of Hercules; and

3. Resolution Number 24-062 is repealed by the adoption of this resolution which shall control over prior versions.

70 The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 22nd day of September 2026, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Chris Kelley, Mayor

ATTEST:

____________________________
Eibleis Melendez, City Clerk

71 Exhibit A

2026 CONFLICT OF INTEREST CODE FOR THE

CITY OF HERCULES

The Political Reform A ct, Government Code Section 81000, et. Seq., requires state and local agencies to adopt and promulgate Conflict of Interest C odes. The Fair Political Practices Commission has adopted regulation, California Code of Regulations Title 2, Section 18730, which contain the term of a standard Conflict of Interest C ode. It can be incorporated by reference.

Therefore the terms of California Code of Regulations Title 2, Section 18730 and any amendments to it and duly adopted by the Fair Political Practices Commission are hereby incor porated by reference and, along with the attached Appendix in which employees and consultants are designated and disclosure obligations are set forth, constitute the City of Hercules Conflict of Interest Code.

Designated employees and consultants shall fi le Statements of Economic I nterests with the City Clerk by the appropriate deadline. Statements of Economic Interest are public records pursuant to Government Code Section 81008 and can be reviewed and or copied during business hours at City Hall, located at 111 Civic Drive, Hercules.

=========================================

72 APPENDIX 1
City of Hercules Conflict of Interest Code

DESIGNATED POSITIONS PERFORMING DESIGNATED SERVICE
BY DEPARTMENT1

CLASSIFICATION DISCLOSURE CATEGORIES
Administrative Services
City Clerk/PIO 1, 2, 3, 4
Information Systems Specialist 2, 3
Consultants* 1, 2, 3, 4
Human Resources Technician 2,3 Human Resources Manager 1,2, 3,4
Information Systems Administrator 2, 3

Parks & Recreation
Parks & Recreation Director 1, 2, 3, 4
Recreation Manager 2, 3
Recreation Coordinator 2, 3

Police
Administrative Specialist 2, 3
Chief of Police 1, 2, 3, 4
Police Commander 2, 3

Planning
Community Development Specialist 2, 3
Community Development Director 1, 2, 3, 4
Planning Manager 1, 2, 3, 4

Public Works
Public Works Director/City Engineer 1, 2, 3, 4
Public Works Superintendent 1, 2, 3, 4

*Any individual is a consultant if either of the following apply: 1) The person serves in a staff capacity with the City and in that capacity performs the same or substantially all the same duties for the City that would be performed by a person holding a position specified or that should be specified i n the C ity’s Conflict of Interest Code; or 2) The person makes a governmental decision listed in 2 CCR Section 19701(a)(2).

The City Clerk/PIO and/or the City Manager and/or the City Attorney may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure obligations in the Conflict of Interest Code. Such a determination shall include a description of the consultant’s duties and, based upon that de scription, a statement of the extent of disclosure requirements. The determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

1 Positions covered under Government Code §87200 (City Council, Planning Commission, City Manager, City Attorney, and Finance Director) are not covered by the local Conflict of Interest Code. 73 APPENDIX 2

DISCLOSURE CATEGORIES
Category 1 – Interests in Real Property
All interests in real property located in whole or in part' within the jurisdiction of the City of Hercules. Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Hercules or within two miles of any land owned or used by the City of Hercules. Interest in real property includes any leasehold, beneficial or ownership interest or an option to acquire such an interest in real property located in the jurisdiction if the fair market value of the interest is greater than two thousand dollars ($2,000). Interests in real property of an individual include those held by the individual's spouse and dependent childre n as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own in the aggregate, a direct, indirect or beneficial interest of ten (10) percent or greater. Interest in real property does not include the principal residence of the person making the disclosure.

Category 2 – Investments
All financial interest in excess of $2,000 held by the individual, his/her spouse or dependent children or securities issued by a business entity if the business entity or any parent, subsidiary or otherwise related business entity has an interest in real property in the City of Hercules or is located in or does business or plans to do business in the City of Hercules, or has done business within the City of Hercules at any time during the two years prior to the time the disclosure statement is made, and a pro rate share of investments or any business entity, mutual fund, or trust in which the person making the disclosure statement or his or her spouse or dependent children owns directly, indirectly or beneficially a ten (10) percent interest or greater, if such business entity, mutual fund or trust has an interest in real property in the City of Hercules or is located in or does business or plans to do business in the City of Hercules, or has done business within the City of Hercules at any time during the two years prior to the time the disclosure statement is made.

Category 3 –Income
All sources of income as defined in t he Political Reform Act of 1974, as amended. Not included in this disclosure category is income, other than a gift, received from any source outside the City of Hercules and not doing business within the City of Hercules, not planning to do business within the City of Hercules or not having done business within the City of Hercules during the two years prior to the time the disclosure statement is made.

Category 4 – Business Positions
Any official has an economic interest in any business entity in which he or she is an officer, director, or employee or holds any business position, irrespective of whether he or she has an investment in or receives income from the entity.
74 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2026 Local Agency Biennial Notice
Nam
e of Agency:

Mai
ling Address:

Cont
act Person: Phone No.

Em
ail: Alternate Email:

Accur
ate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):

An amendment is required. The following amendments are necessary:
(Check al
l that apply.)
Inc
lude new positions
Revi
se disclosure categories
Rev
ise the titles of existing positions
Del
ete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Othe
r (describe)
The code is currently under review by the code reviewing body.

No amendment is required. (If your code is over five years old, amendments may be necessary.)
Ver
ification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by thos e holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________

Si
gnature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2026, or by the date specified by your agency, if earlier, to:
(PL

ACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

City of Hercules
111 Civic Drive, Hercules Ca94547
Eibleis Melendez 510-799-8200
[email protected] NA
75 [email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2026 • Page 1 of 1

FAIR POLITICAL PRACTICES COMMISSION
2026 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies

The Political Reform Act requires every local governm ent agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).

By July 1, 202 6: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.

By October 1, 2026: The biennial notice must be filed with the agency’s code reviewing body.

The FPPC has prepared a 202 6 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.

The Local Agency Biennial Notice is not forwarded to the FPPC.

If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.

If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.

• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?

If you have any questions or are still not sure if you should amend your agency’s conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website. 76 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

1. 26-229

2. 26-240

3. 26-243
77 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 22, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Timothy Rood AICP, Community Development Director SUBJECT: Housing Asset Funding Commitment Letter to Satellite Affordable Housing Associates
RECOMMENDED ACTION:

By resolution, approve a commitment letter outlining preliminary loan terms for the award of $ 2,500,000 in Housing Asset Fund s to Satellite Affordable Housing Associates (“SAHA”) to support affordable housing development and authorize staff to negotiate, draft, and execute loan documents that carry out the terms of the commitment letter.

BACKGROUND:

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

The Housing Successor’s Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”) had a $6.2 millio n cash balance as of June 30, 2025. The balance is primarily from loan repayments related to homeowner and developer loans issued by the former Redevelopment Agency. Approximately $3 million of the Housing Asset Fund will be forfeited to the state if not t imely committed or awarded to an eligible project ($2,685,377 must be expended or encumbered by June 30, 2027 , and an additional $266,421 must be spent or encumbered by June 30, 2028).

Housing Asset Funds may be used on a variety of project development costs with the following restrictions:
78 • At least 30% must be spent assisting extremely low income rental households earning 30% or less of the AMI. No more than 20% may be spent on low income households earning 60% to 80% of the Area Median Income (“AMI”). • Moderate and above moderate-income households (above 80% AMI) may not be assisted with Housing Asset Funds.
• Housing Asset Funds may be used to assist senior units if no more than 50% of rental units assisted by any City funding source are restricted for seniors.

All affordable housing units developed with this funding source must be income restricted for at least 55 years. All deed -restricted affordable housing units within Hercules Ci ty limits are subject to the City’s Affordable Housing Policy.

Notice of Funding Availability Awards
The City issued a Notice of Funding Availability (“NOFA”) in October 2025 inviting developers to submit proposals to develop affordable housing utilizing up to $5 million in Housing Asset Funds. At a special meeting on July 28, 2026 , the City Council approved awarding $2.5 million to Satellite Affordable Housing Associates and $2.5 million to Eden Housing to develop affordable housing, as presented in Table 1.

Table 1:

Awarded Developer Proposals
Developer Satellite Affordable Housing
Associates (SAHA) Eden Housing (“Eden”)
Project Name Sycamore Crossing Victoria Green
# of Units 100 66
new units
+132
rehab units
Housing Asset
Fund Award
$2,500,000 $2,500,000

Commitment Letter, Loan Documents, and Next Steps
The next steps in providing the $2.5 million award to each developer are to:

• Commitment Letter: Approve commitment letters outlining preliminary loan terms with each developer. The commitment letters will encumber Housing Asset Funds toward the proposed projects. They will also serve to leverage City funds when developers apply for other financing sources.

• Loan Documents: Negotiate, draft, and execute predevelopment and construction loan documents based on the terms of the commitment letter. The agreements will have more detailed loan terms. They may be amended prior to closing on construction financing in order to align with the terms or other lenders.

79 City staff has met with SAHA to negotiate the terms of a commitment letter. A meeting with Eden is forthcoming.

SAHA intends to apply the City’s $2.5 million loan toward purchasing a vacant 1.9 -acre parcel at the intersection of Sycamore Avenue and San Pablo Avenue. The purchase price is approximately $3.5 million; SAHA plans on utilizing other funds for the approximately $1 million balance of the purchase price . SAHA could close on the land acquisition as early as October 6, with an outside date of February 17 if SAHA pays the landowner for an additional extension of their option to purchase the property.

SAHA plans to apply for other financing sources and work toward obtaining entitlements and building permits over the next two years. They plan to apply for funds from the County of Contra Costa in December 2027, the California Department of Housing and Community Development in 20 28, and tax credits in early 2029. Construction will commence after SAHA secures complete financing necessary for construction and operations, tentatively anticipated in late 2029. These timelines are subject to change based on when funds become available and are awarded.

The proposed commitment letter and loan terms are discussed in the following section.

ANALYSIS:

City staff is seeking City Council’s input and approval of a 1) commitment letter (Attachment 1) to SAHA for the award of $2.5 million in Housing Asset Funds to the proposed Sycamore Crossing affordable housing project and 2) authorization to negotiate, draft, and execute loan documents that carry out the terms of the commitment letter.

The major terms of the commitment letter are summarized in Table 2 below:

Table 2:

Summary of Commitment Letter Terms
Item Term Comments
Loan Amount $2,500,000 As approved by City Council
Interest Rate 3% simple interest Standard for public agency affordable housing
agreements
Term 55 years from completion of
construction
Minimum affordability term
required by state law for
Housing Asset Funds
Timing / Use Acquisition, construction, and
permanent financing of an
approximate 100 unit
affordable housing
City funds will be used for
land acquisition and
permanent financing over the
80 Table 2:

Summary of Commitment Letter Terms
Item Term Comments
development 55-year loan term.

Borrower proposes an
“approximate” 100 units to
allow flexibility in case the unit
number changes during
entitlements and when
obtaining other financing
sources.

Security Deed of trust on the
borrower’s fee interest in the
development
Land is held as collateral if the
borrower defaults on the loan
or the project is not
constructed
Affordable
Housing Covenant
Rental units shall be restricted
as affordable housing units by
a regulatory agreement in
accordance with the City’s
Affordable Housing Policy at
income and rent levels to be
determined by the parties
The covenant will have a 55-
year term as required by state
law for Housing Asset funds.

Specific terms will be
negotiated in the loan
documents and will comply
with the City’s Affordable
Housing Policy.

SAHA’s NOFA response
proposed:
25 units @ 30% AMI
25 units @ 50% AMI
49 units @ 60% AMI
1 manager unit
The final mix of units by
affordability level must comply
with Health and Safety Code
Section 34176.1
Payment The loan shall be repaid from
residual receipts
Standard for public agency
affordable housing
agreements. Loans are paid
from net cash flow remaining
after revenues and expenses
to be defined in the loan
documents.

Prepayment The borrower shall have the
right to prepay the loan. If they
are unable to secure
If the project is not
constructed, and the borrower
repays the City in full, the
81 Table 2:

Summary of Commitment Letter Terms
Item Term Comments
construction financing, and
the loan is prepaid in full, the
City shall release the borrower
and property from the
regulatory agreement
borrower and property are not
subject to affordability
restrictions.

Insurance Borrower shall obtain
insurance as reasonably
required by the lender
Loan documents will contain
specific requirements that
comply with City requirements
and industry standards
Loan Documents Lender and Borrower will
execute loan documents
evidencing the Loan,
including, without limitation, a
promissory note, the
Regulatory Agreement and
the Deed of Trust
The resolution authorizes City
staff to negotiate, draft, and
execute loan documents that
align with the terms of the
commitment letter
Labor Standards Borrower shall ensure that all
contractors and
subcontractors pay all workers
performing work on the
Development not less than the
prevailing wage rates
specified for the applicable
craft classification in the wage
determinations issued by the
California Department of
Industrial Relations for Contra
Costa County, as such wage
determinations exist on the
date of building permit
approval. Borrower shall
comply with the
apprenticeship requirements
of AB 2011 to the extent
feasible, and shall engage a
labor compliance consultant to
ensure no violations occur.

This language was negotiated
with SAHA as directed by the
City Council.

Waiver of
Conditions
Lender in its sole discretion
may waive or modify certain
conditions or requirements of
the Commitment
Provides the City flexibility to
waive or modify requirements
if needed. This is helpful if
modifications are necessary to
secure financing by other
82 Table 2:

Summary of Commitment Letter Terms
Item Term Comments
lenders and increase
probability of a successful
project.

Termination Lender reserves the right to
cancel the commitment due to
material misrepresentations or
adverse change in the
borrower or development
Preserves the City’s right to
cancel the commitment if
there are material
misrepresentations or
changes.

FISCAL IMPACT:

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

Per HSC 34176.1 (d), a Housing Asset Fund may not accumulate an “excess surplus” of cash, which is an unencumbered amount that exceeds the greater of $1 million or the sum of deposits in the prior four fiscal years. An excess surplus must be spent within three (3) fiscal years. If the Housing Successor fails to comply, it must transfer the excess surplus to the California Department of Housing and Community Development (HCD).

According to the City’s FY 2024 -25 Housing Successor Annual Report, there was a remaining excess surplus from FY 2023 -24 of $2,685,377 that must be expended or encumbered by June 30, 2027. There is an excess surplus amount for FY 2024-25 of an additional $266,421 that must be spent or encumbered by June 30, 2028. This NOFA was intended to facilitate the encumbrance of the Housing Asset Funds to ensure compliance with this requirement.

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Loan Commitment Letter

83 1690\08\5085147.1

HERCULES CITY COUNCIL
RESOLUTION NO. 26-____

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

COMMITMENT LETTER TO SATELLITE AFFORDABL E HOUSING ASSOCIATES (SAHA) FOR FUNDING AN APPROXIMATELY 100 UNIT AFFORDABLE HOUSING

PROJECT

WHEREAS, the City of Hercules (“City”) issued a Notice of Funding Availability for Affordable Housing Development dated October 1, 2025 inviting proposals to receive up to $5 million in funding from the City’s Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”); and

WHEREAS, the City Council approved allocating $2.5 million to Satellite Affordable Housing Associates (“SAHA”) and $2.5 million to Eden Housing at a special meeting on July 28, 2026; and

WHEREAS, City staff and SAHA have negotiated a commitment letter outlining initial terms for a $2.5 million predevelopment and construction loan for a proposed approximately 100-unit affordable housing project at Sycamore Crossing; and

WHEREAS, the commitment letter and associated Housing Asset Funds will be used to leverage additional county, state, and/or federal funds to finance the construction of new affordable housing in Hercules.

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

1. The City Council hereby authorizes the City Manager to execute a commitment letter with SAHA in substantially the form attached hereto as Exhibit 1 , committing $2.5 million in Housing Asset Funds for a proposed approximately 100-unit affordable housing project.

2. The City Council a uthorizes the City Manager and/or his or her designee to negotiate and execute loan documents that are consistent with the terms of the commitment letter.

84 1690\08\5085147.1
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 22nd of September 2026, by the following vote of the City Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Chris Kelley, Mayor
ATTEST:

________________________________
Eibleis Melendez, City Clerk

Exhibits:

Exhibit 1 – Commitment Letter

85 HerculesCA.gov
111 Civic Drive Hercules, CA 94547
___________, 2026
Eve Stewart
Satellite Affordable Housing Associates
1835 Alcatraz Avenue
Berkeley, CA 94703
Re: Sycamore Crossing
Commitment for $2,500,000 Loan
Dear Ms. Stewart:

This commitment letter (the "Commitment") will confirm that the City of Hercules, a California municipal corporation ("City"), is committed to loan to the Borrower (as defined below) Low and Moderate Income Housing Asset Funds, such loan (the "Loan") to be made substantially according to the terms and conditions outlined below:

Borrower: Satellite Affordable Housing Associates, a California nonprofit public benefit corporation ("SAHA") or an affiliate controlled by SAHA, will be the borrower of the Loan (the "Borrower").

Lender: City will be the lender of the Loan (the " Lender").

Loan Amount: The Loan amount will be Two Million Five Hundred Thousand Dollars ($2,500,000).

Interest Rate: The outstanding principal balance of the Loan shall bear interest at the rate of three percent (3%) simple interest, subject to default rate provisions.

September 8
86 HerculesCA.gov
111 Civic Drive Hercules, CA 94547
Loan Term: The Loan will have a term (the " Term") of 55 years from completion of construction of the Development (as defined below).

Timing of Loan: The Loan will be used for acquisition, construction and permanent financing of Sycamore Crossing, a proposed approximately one hundred (100) unit affordable housing development (the "Improvements"), to be constructed on that certain real property located in the City of Hercules, County of Contra Costa, California, APN 404-020-098-4 (the "Property"; and together with the Improvements, the "Development"). The Property is more specifically described in the attached Exhibit A.

Ownership: Borrower will own a fee interest in the Development.

Security: The Loan will be secured by a deed of trust on Borrower's fee interest in the Development (the "Deed of Trust"). The Deed of Trust may be subordinated to loans from institutional lenders and other public agencies in accordance with subordination provisions in the Loan Documents and pursuant to a form of subordination agreement acceptable to Lender in its reasonable discretion. The Loan and all obligations arising in connection with the Loan or the documents evidencing, describing or securing the Loan shall be a non- recourse obligation of the Borrower.

Affordable Housing Covenant; In addition to the Deed of Trust, the Borrower will enter into and record on the Property an Affordable Housing Covenant ("Regulatory Agreement") requiring that the rental units in the Development, other than a manger's unit, be restricted as Affordable Housing Units in accordance with the City's Affordable Housing Policy and California Health and Safety Code Section 34176.1 at income and rent levels to be determined by the Parties.

Payment: Payments on the Loan will be due annually from the Lender's share of 50% of residual receipts from the Development, provided, however, if other debt payable from residual receipts calculates the lender's share based on 75% of residual receipts, the Lender's share of residual receipts will be based on 75% of residual receipts. Lender's share of residual receipts shall be calculated in proportion to all debt incurred by the Borrower related to the Development that is payable from residual receipts. Residual Receipts shall mean the amount by which the Gross Revenue from the Development exceeds Annual Operating Expenses, as those terms are defined in the Loan Documents. 87 HerculesCA.gov
111 Civic Drive Hercules, CA 94547
Prepayments: Borrower shall have the right to prepay the Loan in full or in part at any time without penalty and any such prepayment shall reduce the amount of principal and interest due on the Loan, provided, however, following the closing of the construction financing for the Developer, prepayment shall not release the Borrower from continued compliance with the Regulatory Agreement. If Borrower is unable to secure construction financing for the Development and prepays the Loan in full, the City will release Borrower and the Property from the Regulatory Agreement.

Insurance: Borrower shall obtain policies of all-risk insurance with extended coverage, comprehensive general liability insurance, and such other insurance as Lender reasonably requires, in such amounts, in such form, with such companies, and with additional insureds endorsements, all as are reasonably acceptable to Lender.

Loan Documents: This Commitment does not set forth all of the terms, conditions, and documents that will be required by Lender in connection with the Loan. Lender shall not be obligated to close and fund the Loan unless and until Lender and Borrower have executed loan documents evidencing the Loan, including, without limitation, a promissory note, the Regulatory Agreement and the Deed of Trust (collectively, the "Loan Documents"). The Loan Documents shall include provisions viewed by Lender and its counsel as appropriate for this transaction and for transactions of this type.

Labor Standards; Borrower shall ensure that all contractors and subcontractors pay all workers performing work on the Development not less than the prevailing wage rates specified for the applicable craft classification in the wage determinations issued by the California Department of Industrial Relations for Contra Costa County, as such wage determinations exist on the date of building permit approval. Borrower shall comply with the apprenticeship requirements of AB 2011 to the extent feasible, and shall engage a labor compliance consultant to ensure no violations occur.

Other Documentation: Borrower shall deliver to Lender any further documentation reasonably required by Lender.

No Third Party Beneficiaries: This Commitment is solely for the benefit of Borrower and Lender and Borrower's approved successors and assigns, and shall not inure to the benefit of, or be relied upon by, any other person or entity. 88 HerculesCA.gov
111 Civic Drive Hercules, CA 94547
Waiver of Conditions: Lender in its sole discretion may waive or modify certain conditions or requirements of this Commitment, however, no waiver or modification of any such condition or requirement shall be deemed or construed to be a waiver of any other provision of this Commitment. No waiver shall be effective unless included in a writing signed by Lender.

Termination: Lender reserves the right to cancel this Commitment and terminate its obligations hereunder upon any material misrepresentation by Borrower in information and representations supplied by Borrower to Lender, or upon a material adverse change in the Borrower or the Development.

Please indicate your acceptance by signing the acknowledgement below.

Very truly yours,
City of Hercules
By: __________________________
Its: City Manager
89 HerculesCA.gov
111 Civic Drive Hercules, CA 94547

ACCEPTANCE OF COMMITMENT
This Commitment is approved and accepted as of _________, 2026.

BORROWER:

Satellite Affordable Housing Associates
By:____________________
Its:_____________________
Jonathan Astmann
Director, Real Estate Development
September 8
90 HerculesCA.gov
111 Civic Drive Hercules, CA 94547

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

All that certain real property situated in the City of Hercules, County of Contra Costa, State of California, described as follows:

Being all of Lot 1, as said Lot is described in Lot Line Adjustment 2017-01, recorded May 19, 2017, as Document Number 2017-0087541, of Contra Costa County Records;
Together therewith the following described land (transfer Parcel 1):

The following land as described in that Grant Deed recorded concurrently herewith, described as follows:

Beginning at the Southwesterly corner of said Lot 1;
Thence, from said point of beginning, along the Southerly line of said lot, North 87°43'07" East 69.78 feet;
Thence, leaving said Southerly line, South 06°05'00" West 18.14 feet; Thence, along the arc of a tangent 12.00 foot radius curve to the right, through a central angle of 76°27'10", an arc distance of 16.01 feet; Thence, South 82°32'10" West 19.12 feet;
Thence, North 82°41'00" West 41.23;
Thence, North 05°59'51" East 23.24 feet to said point of beginning.

Also together therewith the following described land (transfer Parcel 3); The following land as described in that Quitclaim Deed recorded concurrently herewith, described as follows:
91 HerculesCA.gov
111 Civic Drive Hercules, CA 94547
Beginning at an angle point on the Easterly line of said Lot 1, said point being the Southwesterly terminus of that course designated as "S47°24'07"W 279.04’" in said Lot Line Adjustment 2017-01;
Thence, from said point of beginning along said Easterly line of Lot 1 the following two (2) courses;

1. North 47°24'07" East 279.04 feet,

2. North 59°16'36" East 86.31 feet, to a point on the Southerly line of Sycamore Avenue;
Thence, Easterly along said Southerly line of Sycamore Avenue, on the arc of a non- tangent 400.00 foot radius curve to the right, from which the center of said curve bears South 12°20'09" West, through a central angle of 01°39'46", an arc distance of 11.61 feet;
Thence, leaving said Southerly line, South 63°39'04" West 44.16 feet; Thence, South 47°24'07" West 313.15 feet;
Thence, South 12°48'56" West 28.37 feet;
Thence, North 73°20'32" West 22.20 feet, to a point on said Easterly line of Lot 1; Thence, along said Easterly line, North 16°39'28" East 23.53 feet to said point of beginning.

Excepting therefrom the following described land (transfer Parcel 2):

The following land as described in that Grant Deed recorded concurrently herewith, described as follows:

Commencing at the Southwesterly corner of said Lot 1;
Thence, from said point of commencement, along the Southerly line of said lot, North 87°43'07" East 69.78 feet, to the point of beginning for this description; Thence, from said point of beginning, leaving said Southerly line, North 06°05'00" East 83.12 feet;
92 HerculesCA.gov
111 Civic Drive Hercules, CA 94547
Thence, South 83°54'20" East 15.73 feet;
Thence, along the arc of a tangent 16.00 foot radius curve to the left, through a central angle of 86°29'24", an arc distance of 24.15 feet; Thence, North 09°36'16" East 25.85 feet;
Thence, along the arc of a tangent 8.00 foot radius curve to the right, through a central angle of 14°24'46", an arc distance of 2.01 feet; Thence, North 24°01'02" East 5.44 feet;
Thence, South 73°20'32" East 5.50 feet, to a point on the Easterly line of said Lot 1; thence, along said Easterly line of Lot 1 the following two (2) courses;

1. South 16°39'28" West 129.79 feet;

2. South 87°43'07" West 17.11 feet to said point of beginning.

This legal description is made pursuant to that certain Certificate approving a Lot Line Adjustment, Certificate No. LLA #22-02, recorded April 17, 2023, as Instrument No. 2023-0035460 of Official Records.

APN: 404-020-098-4
93 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

2. 26-240
94 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 22, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Mike Roberts, Interim Public Works Director/City Engineer SUBJECT: Acceptance of the Hercules Police Lobbies Project RECOMMENDED ACTION:

BACKGROUND:

The Hercules Police Lobbies Project was awarded at the September 9, 2025, City Council meeting to GSP Construction, Inc. (GSP) for the low bid amount of $255,216 with provisions for up to a 10 percent contingency of $25,522 for a total authorized expenditure amount of $280,738. The project consist ed of improving the two existing lobbies at the Hercules Police Department to enhance safety and the public safety officer - customer interface. The renovations added a customer service counter, created a dedicated lobby area separate from the main police department office, and upgraded to bullet-proof walls.

ANALYSIS:

GSP has completed all work on the Project in accordance with the plans and specifications and to the satisfaction of the City Engineer. The final cost to complete the project was $264,935.
95 Night Lobby Day Lobby

It is recommended the Hercules Police Lobbies Project be accepted at this time so the Notice of Completion can be filed with the Contra Costa County Recorder’s Office to allow final payment to be made to the contractor.

ENVIRONMENTAL REVIEW:

The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

FISCAL IMPACT:

This Project was included in the 2025 Capital Improvement Program and the adopted FY 25-26 Budget. Police Impact Fees and Asset Seizure Funds were allocated to fully fund the Project. Change orders for additional ceiling and flooring replacement in the amount of $9,719 were necessary to complete the project. The final cost of $264,935 was within the available 10% contingency and unexpended funding will be unobligated and available for other qualifying expenditures in the future.

96 The final budget for the Police Lobbies Project is as follows:

Funding Sources:

Police Impact Fee $200,000
Asset Seizure Fund $112,722
Total Revenue $264,935
Expenditures accounts:

Base Construction Contract $255,216
Change Orders $9,719
Total Expenditures $264,935

ATTACHMENTS:

Attach 1- Resolution
Attach 2- Notice of Completion

Financial Impact
Description: Expenditure amount not to exceed $280,738
Funding Source:

Police Impact Fee Fund No. 244 $200,000
Asset Seizure Fund Fund No. 101 $ 64,935
Budget Recap:

Total Estimated cost: $312,722 New Revenue: $
Amount Budgeted: $312,722 Lost Revenue: $
New funding required: $ New Personnel: $
Council Policy Change: Yes No

97 HERCULES CITY COUNCIL
RESOLUTION NO. 26-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES ACCEPTING

THE HERCULES POLICE LOBB IES PROJECT CONTRACT WITH GSP
CONSTRUCTION, INC. AS COMPLETE FOR A TO TAL AMOUNT OF $ 264,935 AND

AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE CONTRA COSTA COUNTY RECORDER’S OFFICE

WHEREAS, the Hercules Police Lobbies Project construction contract was awarded to GSP Construction, Inc. at the September 9, 2025 Council meeting for the low bid amount of $255,216 with provisions for up to a 10% contingency of $25,522 for a total authorized expenditure amount of $280,738; and

WHEREAS, t he Project improved the two existing lobbies at the Hercules Police Department to enhance safety and the public safety officer - customer interface by adding a customer service counter, creat ing a dedicated lobby area separated from the main police department office, and upgrading to bullet-proof walls; and

WHEREAS, the Project has been completed in accordance with the approved plans and specifications to the satisfaction of the City Engineer; and

WHEREAS, GSP Construction completed the Project for a total amount of $264,935; and

WHEREAS, the Notice of Completion must be filed with the Contra Costa Recorder’s Office to allow final payment to be made to the Contractor.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the Hercules Police Lobbies Project contract with GSP Construction, Inc. as complete for a total amount of $264,935 and authorizes the filing of the Notice of Completion , attached hereto, with the Contra Costa County Recorder’s Office.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 22nd day of September 2026 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________
Chris Kelley, Mayor
ATTEST:

Eibleis Melendez, City Clerk
98 Hercules Police Lobbies Project 2026 Form NOTICE OF COMPLETION

Recording Requested By:

City of Hercules

When Recorded Mail To:

City Clerk
City of Hercules
111 Civic Drive
Hercules, CA 94547

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE § 27383

SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 9204 and 9208

NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is __CITY OF HERCULES ___________________________ (“City”)

3. City’s address is _111 CIVIC DRIVE, HERCULES, CA 94547 ___________________

4. The nature of City’s interest in the Project is:

X Fee Ownership __ Lessee __ Other:___________ _______

5. Construction work on the Project performed on City’s behalf is generally described as follows: Hercules Police Lobbies Project

6. The name of the original Contractor for the Project is: GSP Construction, Inc. located at 3349 Verdeca Way, Rancho Cordova, CA 95670

7. The Project was accepted as complete on: September 22, 2026

8. The Project is located at: 111 Civic Drive, Hercules, CA 94547

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct.

__________________________ ______________________ __________ Date and Place Signature

MIKE ROBERTS, P.E.

PUBLIC WORKS DIRECTOR/CITY ENGINEER
Name and Title

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208

99 DISCUSSION AND/OR ACTION ITEM

AGENDA ITEMS

3. 26-243
100

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 22, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Christie Crowl, City Attorney
SUBJECT: Amend City Council Rules of Procedure Pertaining to Personnel Evaluations
RECOMMENDED ACTION:

By minute order, approve amendments to the City Council Rules of Procedure to allow a member to call a closed session to evaluate the performance of the City Manager or City Attorney.

BACKGROUND:

At the regular City Council meeting on September 8, 2026, Councilmember Bailey requested a future agenda item to discuss amending the City Council Rules of Procedure to adjust the process through which personnel evaluations may be requested for the two staff positions hired by the City Council (the City Manager and the City Attorney).

Currently, the Rules of Procedure require a council member to make a request for a future agenda item at a City Council meeting.

DISCUSSION:

The proposed amendments to the Council Rules of Procedure would allow any member of the Council to make a written request of the Mayor to hold a closed session to evaluate the performance of the City Manager or City Attorney. With the concurrence of the Mayor, the City Clerk will place the closed session item on an agenda. If it is the Mayor who desires to make a request to hold a closed session to evaluate the performance of the City Manager or City Attorney, he or she may do so by bringing the written co ncurrence of one other Council Member to the City Clerk.

101

FISCAL IMPACT:

This item has no fiscal impact.

ATTACHMENTS:

Attachment 1 Draft amendments to the Rules of Procedure Attachment 2 Existing Rules of Procedure

102

5.2 Agenda:

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

An item may be placed on a Council meeting agenda by any of the following methods:
(1) A Council Member may request an item be considered on a future agenda and, upon agreement of a majority of the Council, staff will prepare a staff report if formal Council action is required. Council Members may make this request during a meeting under Section XV. The process involves two steps: initial consideration of the request by the full Council and, if a majority agrees, the matter is then scheduled for further consideration on an upcoming meeting agenda, or placed on the Council’s pending items list with no specific date set.
(2) By the City Manager.
(3) By the City Attorney.
(4) A Council Member may request a closed session to discuss the performance of the City Manager or City Attorney by either:
a. Following the process in subsection (1) above; or
b. Making a written request to the Mayor at least 5 days before the next regular City Council meeting or date of the proposed special closed session, whichever is later. If a Council Member makes such a written request, and the Mayor agrees with the Council Member that a closed session is necessary, the Mayor shall request that the City Clerk add the item to the agenda. If the Mayor desires to make a request under this subsection, he or she may do so by bringing the written concurrence of one other Council Member to the City Clerk.

The Agenda Committee composed of the Mayor, City Manager, City Attorney, and City Clerk shall meet bi-weekly to plan the scheduling and order of the agenda for future Council meetings.
103

Amended 6/9/2026 – Resolution No. 26-031

CITY COUNCIL RULES OF PROCEDURE

TABLE OF CONTENTS

1. Authority

2. General Rules

3. Types of Meetings

4. Chairperson and Duties

5. Order of Business and Agenda

6. Ordinances

7. Creation of Committees, Boards and Commissions

8. Citizens’ Rights

9. Regional Appointments

10. Amendments

11. Rules of Conduct

12. Legislative Process and Taking Positions
104

Amended 6/9/2026 – Resolution No. 26-031

COUNCIL RULES OF PROCEDURE

HISTORY OF ADOPTION AND AMENDMENTS

Resolution No. Date Amendment

Resolution No. 17-068 9/26/17 Adoption of Rules after Review of all Sections

Resolution No. 18-004 1/23/18 Amendment to Section 3.7

Resolution No. 18-017 4/10/18 Added Section 12

Resolution No. 26-031 6/9/26 Added Section 4.3.1 105

Amended 6/9/2026 – Resolution No. 26-031

1. Authority

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

1.1 Related Documents: This procedures manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of a city council. Many other laws, policies, plans, and documents exist which guide the City Council. Related documents:

1.2.1 Hercules Municipal Code

1.2.2 Hercules Conflict of Interest Resolution

1.2.3 Hercules Ethics Policy Resolution

1.2.4 Hercules Anti-Nepotism Ordinance

1.2.5 Hercules Zoning Ordinance

1.2.6 Hercules General Plan and Specific Plans

1.2.7 California Constitution and Laws

1.2.8 California Open Meeting Laws (The Ralph M. Brown Act )

1.2.9 California Political Reform Act

1.2.10 United States Constitution and Laws

2. General Rules

2.1 Meetings to be Public: All official meetings of the Council shall be open to the public, except where State or local law allows Closed Sessions for certain limited topics. The minutes from open session shall be open to public inspection in accordance with the provisions of the State of California Open Meetings Law (Ralph M. Brown Act). Recordings of City Council Meetings shall be retained as per the requirements of the City’s adopted Retention Schedule.

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

2.3 Compelling Attendance : City Councilmembers are expected to attend all scheduled meetings. If absence is unavoidable, the City Manager, City Clerk, or Mayor shall be notified.

2.4 Teleconferencing: Pursuant to the Ralph M. Brown Act provisions pertaining to meeting requirements as amended from time to time, remote attendance may be allowed in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by roll call. At least a quorum of the Council must participate from teleconferencing locations within the city’s jurisdiction. Each teleconference location must be identified in the notice and agenda of the meeting. Agendas must be posted at each teleconference location, and each location must be accessible to the public. The agenda must 106

Amended 6/9/2026 – Resolution No. 26-031

provide the opportunity for the public to address the legislative body directly at each teleconference location.

2.5 Council Meeting Minutes: Minutes of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constituting part of the official record of the Council.

2.6 Ordinances: An ordinance is limited to one topic, which shall be clearly stated in its title, except for an appropriations ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinances.

2.7 City Manager: The City Manager shall attend all meetings of the Council unless excused by the Mayor with the consent of the Council. The City Manager shall designate at his/her discretion, staff representatives to Subcommittees and Commission meetings.

2.8 City Attorney: The City Attorney shall attend all regular meetings of the Council unless excused by the Mayor with the consent of the Council and shall attend special meetings and Council workshops upon request. The City Attorney shall also attend meetings of the City Commissions at the request of the City Council or on an as -needed basis. The City Attorney shall act as the Council’s parliamentarian.

The City Attorney shall render legal opinions, either written or oral, on questions of law.

Individual members of the City Council may consult with the City Attorney regarding legal issues pertaining to City business, and may request written legal advice regarding a potential conflict of interest which may affect that council member’s ability to participate in an upcoming decision.

All City Attorney responses to council member legal inquiries requiring a substantial commitment of City Attorney time must be provided in writing to all members of the City Council. All staff legal inquiries requiring a substantial commitment of City Attorney time must be authorized by the City Manager.

The City Attorney should do no work on a policy proposal from one or more members of the Council that would require a substantial commitment of City Attorney time when the consideration of such a proposal has not been discussed by the full Council.

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

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

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

107

Amended 6/9/2026 – Resolution No. 26-031

2.12 Rules of Debate:

2.12.1 Mayor May Debate: The Mayor may debate from the chair, subject only to such limitations of debate as are imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of that person serving as Mayor.

2.12.2 Getting the Floor - Improper References to be avoided: A member desiring to speak shall address the Chair, who is in most instances the Mayor, and upon recognition by the presiding officer, shall confine comments to the question under debate. Subject to the discretion of the Chair, the order for Council comment is for the Council Members to be recognized first, followed by the Vice Mayor, and lastly, the Mayor.

2.12.3 Interruptions : A member, once recognized by the chair, shall not be interrupted when speaking unless it is to call a member to order, or as herein otherwise provided. If a member, while speaking, were called to order, that member shall cease speaking until the question of order is determined, and, if in order, the member shall be permitted to proceed.

2.12.4 Motion to Reconsider: A motion to reconsider any action taken by the Council may be made either during the same session, or at a recessed or adjourned session thereof. Such motion must be made and seconded by one of the prevailing sides, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable.

Nothing herein shall be construed to prevent the Council or the City Manager or City Attorney from reconsidering at a subsequent meeting an action previously taken by the Council, upon a showing of changed circumstances or on the basis of new information, as long as the matter is properly agendized for discussion.

3. Types of Meetings

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

No Council meeting will be held in the event that a regular meeting of the Council falls on a City observed/recognized holiday.

3.2 Special Meetings: Special meetings may be called by the Mayor or by a majority of the members of the Council. The call for a special meeting shall be filed with the City Clerk in written form, which should be signed by the Mayor or those members calling for a special meeting except that an announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting, shall list the subject or subjects to be considered, and shall be delivered to each member of the Council, to each media outlet requesting notice, and posted on the City’s local Internet Web site. It is the policy of the City of Hercules that when possible, 72 hour notice be provided for special meetings but in no event shall notice be less than 24 hours. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or an incident thereto.

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3.3 Emergency Meetings: An emergency meeting may be called pursuant to the requirements of the Brown Act as amended from time to time, when a majority of the legislative body determines that an emergency situation exists. At least one hour prior to the meeting, telephonic notice must be provided to all Council Members as well as all media outlets, which have requested that they receive notice of special meetings called pursuant to Government Code Section 54956.5, except in the case of a “dire emergency” as defined in California Government Code Sec. 54956.5(a)(2).

Emergency meetings may be held in closed session as the Government Code allows.

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

3.5 Workshops : The Council may meet informally in Workshops (open to the public), at the call of the Mayor or a majority of the Council. Any workshop shall be noticed and conducted in the same manner as a R egular Council meeting. A workshop is for discussion only; no action can be taken by the Council.

3.6 Closed Sessions: Closed Sessions or closed meetings may only be held in accordance with the exceptions to open meeting requirements contained in the provisions of the Ralph M. Brown Act. Topics that may be discussed include: (1) personnel matters, (2) consideration of price and terms of payment related to the acquisition of property for public purposes or the sale or lease of public property, (3) potential or pending litigation in which the City has an interest.

3.7 Adjournment of Meetings: All regular City Council Meetings shall end no later than 11:30 p.m. with no new business beginning after 11:00 p.m. except that Future Agenda Item requests may be made and discussed after 11:00 p.m. An Agenda item which has commenced consideration before 11:00 p.m. shall be completed prior to adjournment. Upon completion of that item, the meeting shall be adjourned. Any matter appearing on the Agenda of a meeting which is adjourned prior to being considered will be placed on the Agenda of the next regular meeting.

4. Chairperson and Duties

4.1 Chairperson: The Chair of City Council meetings shall be the Mayor and in his/her absence, the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the Council Member with seniority based on continuous service shall act as the temporary Chair. City Council Sub-committees and Commissions shall elect a Chair and Vice Chair annually.

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

4.3 Preservation of Order : The Mayor shall preserve order and decorum among Council Members; prevent attacks on personalities or the impugning of members’ motives, and confine members in debate to the question under discussion.

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

4.4 Points of Order: By tradition, the Mayor speaks last during discussion of an agenda item.

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

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

4.6 Substitution for Chairperson: The Mayor may call on the Vice Mayor to temporarily chair the meeting to cover a temporary absence. Such substitution should not continue beyond adjournment.

4.7 Rights of Council to Discipline: A deliberate body has the inherent right to make and enforce its own rules and laws, including rules providing for the discipline of a member of the deliberative body.

The City Council shall have a right to discipline, admonish, and censure a member where a standard majority of the Council finds that actions of a member are detrimental to the City of Hercules. Such discipline, after the Council duly notices and publicly conducts a hearing, can include admonishment and in more serious cases, public censure. As a rule, the City Council has no right to go beyond what is necessary for its self-protection.

4.8 City Council Leadership and Expectations: It is the policy and practice of the City Council that each year the City Council shall select a Mayor and Vice Mayor. For every election cycle, the City Council Members receiving the highest and the second highest number of votes will be identified. These City Council Members shall be selected by the City Council to rotate into the position of Mayor during the third and fourth year of their terms respectively. The Council Member receiving the highest number of votes shall serve as Mayor during the third year of his/her term and the Council Member receiving the second highest number of votes shall serve in the fourth year of his/her term. The herein selection process shall be followed in all instances unless a Council Member is denied the honor of serving as Mayor or Vice Mayor pursuant to subsection 4.8.4.
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4.8.1 Inability to Serve as Mayor or Vice Mayor: In the event of a death or removal from office, the City Council shall determine who shall serve as the Mayor or Vice Mayor for the term vacated based upon the rotation described in 4.8 above.

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

4.8.3 Declining Position of Mayor or Vice Mayor : If a Council Member declines to accept the position of Mayor or Vice Mayor pursuant to the selection process in this Section

4.8, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council. A Council Member nominated by this process must receive confirmation by a majority of the Council Members to serve in the capacity of Mayor or Vice Mayor.

4.8.4 Vote of No Confidence: A Council Member may be denied the honor of serving as Mayor or Vice Mayor by the Council upon a unanimous vote of no confidence by the rest of the Council based on a serious offense or violation of the law that reflects negatively on the City and its residents.

4.8.5 Mayor’s Duties: The Mayor shall be the official head of the City for all ceremonial purposes and shall be the presiding officer at City Council meetings. The Mayor shall assume his/her duties immediately upon the election of the City Council officers at the City Council’s reorganization meeting

4.8.6 Mayor’s Powers: In presiding at a City Council meeting, the Mayor shall facilitate and guide the meeting, preserve order and decorum, and ensure that the meeting runs smoothly, fairly and in accordance with these Rules and Procedures. The Mayor shall exercise the power to limit the time of any person speaking from the floor consistent with the Council’s Rules, state questions coming before the City Council, announce its decision on all subjects and decide all questions of order, subject, however, to an appeal to the City Council, as a whole. In the event of an appeal to the City Council as a whole, a majority vote shall govern and conclusively determine questions of order. The Mayor may make motions, vote or abstain on all motions. The Mayor, or if the Mayor is unavailable, the Vice-Mayor, shall sign all ordinances, resolutions and other documents adopted and approved by the City Council, unless the City Council designates otherwise. Traditionally, the Mayor has also been assigned by the City Council to consult and coordinate with the City Manager in the development of agendas for meetings of the City Council. The scope of such review focuses on the timing of business items and the volume of business that can be considered at any one meeting. Such review does not allow for a unilateral unlimited delay of items to be considered by the Council or the introduction of new items not otherwise part of the Council’s identified priorities or staff’s work plan. The staff maintains a “tentative” Council Calendar that identifies when matters will likely be considered at future meetings.

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5. Order of Business and Agenda

5.1 Order of Business: Shall be as in the agenda prepared by City Clerk, in substantial compliance with the following forms:

CITY COUNCIL AGENDA

I. CLOSED SESSION– CALL TO ORDER – ROLL CALL

II. PUBLIC COMMUNICATIONS – CLOSED SESSION AGENDA ITEMS

III. CONVENE INTO CLOSED SESSION

IV. REGULAR MEETING - RECONVENE TO OPEN SESSION – ROLL CALL

V. REPORT ON ACTION TAKEN IN CLOSED SESSION

VI. PLEDGE OF ALLEGIANCE

VII. MOMENT OF SILENCE

VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

IX. AGENDA ADDITIONS/DELETIONS

X. PUBLIC COMMUNICATIONS

XI. PUBLIC HEARINGS

XII. CONSENT CALENDAR

XIII. DISCUSSION AND/OR ACTION ITEMS

XIV. PUBLIC COMMUNICATIONS

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

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE

REPORTS, AND FUTURE AGENDA ITEMS

XVI. ADJOURNMENT

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

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An item may be placed on a Council meeting agenda by any of the following methods:

(1) A Council Member may request an item be considered on a future agenda and, upon agreement of a majority of the Council, staff will prepare a staff report if formal Council action is required. Council Members may make this request during a meeting under Section XV. The process involves two steps: initial consideration of the request by the full Council and, if a majority agrees, the matter is then scheduled for further consideration on an upcoming meeting agenda, or placed on the Council’s pending items list with no specific date set.

(2) By the City Manager

(3) By the City Attorney

The Agenda Committee composed of the Mayor, City Manager, City Attorney, and City Clerk shall meet bi-weekly to plan the scheduling and order of the agenda for future Council meetings.

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

Immediate action may be taken upon determination by a majority vote of the Council if the issue qualifies as an “emergency situation” as defined in the Ralph M. Brown Act.

5.4 Process for Addressing Agenda Action Items before the City Council

• Mayor reads the agenda item
• Staff presents their report
• Council questions staff
• Public Comments are heard (if a public hearing is required, the public hearing will be opened, public comments taken, and the public hearing closed.) • Council discusses item
• A motion is made and seconded
• Final Council discussion
• Council votes or provides direction to staff

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

5.6 Process for Requesting Changes to the Minutes: Requests for non- material changes and challenges to material points should be directed to the City Manager or appropriate staff after the minutes have been pulled for discussion pursuant to Section 5.5. Challenges to material points should be presented to the City Manager and the City Clerk shall review the recording of the 113

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meeting in question prior to the next regularly scheduled meeting where the results of the review will be reported by the City Manager. Action items cannot be rescinded, but can be pulled at the meeting for further discussion and direction.

6. Ordinances

6.1 Effective Date:

Pursuant to California Government Code Sec. 36937, ordinances take effect 30 days after their final passage. An ordinance takes effect immediately, if it is an ordinance:

(a) Relating to an election.

(b) For the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the council.

(d) Related to taxes for the usual and current expenses of the city.

(e) Covered by particular provisions of law prescribing the manner of its passage and adoption.

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

6.3 Majority Vote Required : Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the Council, pursuant to Government Code Section 36936. A motion, or any other proposition may be adopted by a majority voting on the issue except as otherwise specified by City Ordinance or State Statutes. When any vote is called, each Council Member shall respond “yes (aye),” “no”, “abstain”, or “pass”. Any Council Member who responds, “pass” will be given the opportunity at the end of the roll call to change their vote. Any “pass” response not changed shall be recorded as an abstention. A Council Member shall recuse himself or herself from a vote if required to do so by State conflict of interest laws, pursuant to the process provided under state law.

6.4 Requests for Preparation of Ordinances or Issuance of Legal Opinions: Any member of the City Council, with the approval of a majority of the Council, may request the City Manager to place the proposed adoption of an ordinance or resolution on the City Council agenda for discussion purposes. The City Attorney shall review proposed ordinances and resolutions for form and provide legal advice prior to and during discussion, consideration, and adoption by the City Council.

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All ordinances and resolutions prepared by the City Attorney shall be provided to the City Manager, who shall distribute them to all members of the City Council so that they may be fully informed of the status of City affairs.

7. Creation of Committees, Boards and Commissions

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

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

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

7.4 Subc ommittees - Operation of City Council Subc ommittees: The City Council shall utilize the subcommittee process to assist the work of staff and to conduct preliminary policy evaluation for purpose of recommendation to the full City Council. Such subc ommittee shall have no authority to resolve and act on policy issues and shall not act as a committee of the whole Council. With the exception of urgency items and personnel issues, notice of a scheduled subcommittee meeting shall be posted not less than 72 hours prior to the scheduled subcommittee meeting. Such notice shall include the date, time, location and item to be discussed. In addition, the subc ommittee shall cause a summary of the discussion held to be provided to all Council Members and appropriate staff. Any formal recommendation of the subcommittee to the full Council shall be in writing. A Council subcommittee is considered a standing committee subject to open meeting requirements, unless it meets the “ad hoc committee” exception under the Brown Act.

8. Citizens’ Rights

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

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issues and for each individual speaker. In addition, the Mayor or presiding officer may rule a speaker to be out of order if that speaker engages in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of City Council business by, among other things: a) uttering threatening or abusive language , b) speaking in excess of the time limits established by the Mayor or presiding officer, or c) repeatedly attempting to enter into discussion with staff, Council Members, or other members of the public.

8.3 Written Communications: Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City’s business or over which the Council has control at any time by direct mail, email, or by addressing the City Clerk, who will distribute copies to the Council Members.

9. Regional Appointments

9.1 Appointments to Regional Committees: In December of each year, the Mayor shall review the appointments to all regional committees and make appointments, as necessary, at the Council’s first meeting in January of each year. The Mayor shall consult with members of the Council to discuss their availability to participate in various regional committees.

9.2 Appointments to City Subc ommittees: In December of each year, the Mayor shall review appointments to all City Council subcommittees and make appointments, as necessary, at the Council’s first meeting in January of each year. The Mayor shall consult with members of the Council to discuss their availability to participate in City Council subcommittees.

10. Amendments

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

11. Rules of Conduct

11.1 Council M embers should be prepared for all meetings by reading and reviewing the material provided to them.

11.2 M embers of the City Council should be aware that all information covered in Closed Session is confidential and not for public discussion.

11.3 Council Members are encouraged to set up appointments with the City Manager, Department Heads and staff, if possible. The Non- Interference Clause, Section 2 -3.1-5 of the Municipal Code should always be considered when working with staff at City Hall.

11.4 Council M embers conduct when attending meetings, as a representative of the City of Hercules, should always reflect the highest standards.

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

11.6 Council M embers should be cognizant of the funds allocated to them within the City’s budget and not use more than their allocated amount for trips and events so that other member’s allocations will not be impacted.

11.7 In addition to the Rules of Conduct herein, Council Members shall follow the requirements of City’s Ethics Policy, adopted May 28, 2013, as Resolution No. 13- 051, attached hereto and incorporated herein by reference.

12. Legislative Process and Taking Positions

12.1 Limitations on resources and staffing constrain the City’s level of involvement in state legislative matters, initiatives and ballot measures.

12.2 In consideration of the limitations on resources and staffing, the City Council shall not consider or take positions on legislation, ballot measures, or issues of interest or concern that would not result in a direct tangible benefit to Hercules.

12.3 The City Manager or City Attorney may identify legislation or issues of direct local importance, impact, or benefit, or where the City of Hercules taking a position would be inordinately influential such as when a local legislative representative is the author or co -author of a measure, which in his or her opinion necessitates or warrants the City taking a position. In these limited instances, the City Manager or City Attorney may author a letter to be signed by the Mayor or Vice Mayor, as appropriate. The City Council shall be copied on any correspondence initiated through this process.

12.4 Matters may still be considered by the City Council as a whole to express an official position of the City upon request of the City Manager or City Attorney or as part of the process for placing matters on the Council agenda by the City Council specified in Section 5.2.

12.5 Individual City Council members may author letters supporting or opposing legislation, ballot measures, initiatives, or other issues of interest using City letterhead in their individual capacity, in which case language must be included that clearly states the correspondence does not reflect the official position of the City or the City Council as a whole.

Attachments:

1. Resolution No. 13-051 Ethics Policy
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Hercules City CouncilSeptember 22, 2026

Hercules City Council
September 22, 2026