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Hercules Keeps Tobacco License Alive, Weighs Inspection-Only Alternative

Hercules Keeps Tobacco License Alive, Weighs Inspection-Only Alternative

City Council • HerculesOctober 28, 2026

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Hercules spent most of its Oct. 27 meeting on whether five local tobacco sellers, including two supermarkets, should need a city license. Health advocates pressed for tougher rules, and two councilmembers questioned whether a new ordinance would help. The council voted 5-0 to keep the plan moving while staff studies a police inspection practice that would not require changing the city code.

The night also brought a school district push to renew its parcel tax and a county workforce board report showing its funding has more than doubled.


  • Tobacco license advances 5-0, but an inspection-only alternative is now on the table
  • Data dispute: Advocates cited state citations at 4 of 5 stores. The police chief found 1 of 5 in violation.
  • WCCUSD parcel tax, about $10.2M a year, sunsets in June 2027 and renewal is coming
  • County workforce board funding grew from $24M to $51.3M, with apprenticeships open to residents

Tobacco License Lives On, but Its Shape May Change

Why it matters: Five retailers, including Lucky and Safeway, could need a city license under the draft. It would cost $500 every five years, with compliance required by Jan. 1, 2028. The council remains divided on whether the ordinance is needed.

The basics: Hercules already requires conditional use permits, plus location and sales rules, for smoke shops and tobacco stores. The draft would amend Chapter 6 of Title 5 of the municipal code. Retailers would need a license from Community Development, including an application and a site-inspection meeting with Hercules police.

Where things stand: City Attorney Christy Corral said the idea came from Community Villages in March 2025. On Jan. 27, the council voted 3-1 to direct a Pinole-style ordinance. "Right now, staff has contemplated and calculated a fee of $500 every five years," said Corral. She added that a revoked license could not be appealed: "You can reapply for a new one, but there's no appeal process."

Vice Mayor Alex Walker-Griffin led the push to proceed. She described young people getting products through older friends and siblings, and she pointed to flavored pouches. The "smokeless tobacco industry is heavily, heavily, heavily, heavily targeting kids at a rate that we've never seen before," said Walker-Griffin. She argued that five locations are manageable: "I think we need to be able to walk and chew gum."

Advocates turn out: Five speakers backed licensing, and most asked for more than the draft offers.

  • Myra Lopez, Tobacco Prevention Program Manager, Contra Costa Health Department, cited state inspections that found sales to minors. She also cited a June sweep by the state tax agency (CDTFA) that cited 4 of 5 stores. She said Hercules ranks last of 20 county jurisdictions.
  • Joy Williams, Community Engagement Manager, American Cancer Society Cancer Action Network, reported 33% noncompliance with age-signage rules. She asked for graduated penalties on license holders, stronger flavor-ban language and larger buffers.
  • Eddie Morris, a mental health professional, urged a 1,000-foot buffer from youth-sensitive areas.
  • Elias Lockhart, a student volunteer, said he saw flavored sales and missing 21-plus signs.
  • Raquel Antolin of BACR's DRUG youth program asked whether five-year renewals are frequent enough.

Corral said staff holds no such violation data.

The other side: "My concern is, based on our staff report, this ordinance doesn't move us any closer to that goal," said Councilmember Dion Bailey. Corral confirmed: "In January, staff did recommend against adopting any kind of licensing scheme."

"What I'm concerned about most is the taxing on the resources of our city staff," said Councilmember Tiffany Grimsley. Bailey and Grimsley both cited the state's existing role and the grocery store across from Refugio Valley Park.

Police Chief Vasquez answered with his department's numbers. "We're essentially missing about a quarter of our department," he said. An Aug. 28 compliance operation found 1 of 5 retailers in violation, after an undercover 14-year-old bought tobacco. He said annual checks are sustainable: "I think we can still continue to do that with or without the license."

Decisions and stakeholder impacts: Bailey moved to keep the item moving while examining a police inspection policy or practice, and Walker-Griffin seconded. The motion passed by roll call. For: 5 (Bailey, Bhattarai, Grimsley, Walker-Griffin, Kelley). Against: 0. Absent: 0. Retailers still don't know which rules they will face. Advocates kept the license option alive, and police will likely carry inspections under either path.

What's next: The application fee and signage return at the next meeting, Nov. 10.


School Chief Makes Early Case for Parcel Tax Renewal

Why it matters: The West Contra Costa Unified parcel tax raises about $10.2M a year for counselors, libraries, athletics and core academics. It sunsets in June 2027.

Where things stand: Superintendent Cheryl Cotton described a district of 24,000 students across five cities, built around a new vision of "courageous scholars." She reported a 4.6-point gain in math scores and a planned literacy curriculum adoption.

Those gains came after cuts. "We reduced almost 10% of our workforce," said Cotton, referring to last year's budget stabilization.

On the tax, which has been levied at $0.072 per square foot since 2004, she was direct: "This is not a new tax, and I want to just make sure that everyone understands that." Seniors and people with disabilities can claim exemptions.

Council response: Councilmembers praised Cotton's leadership.

  • "I want to be number one in West County," said Councilmember Dilli Bhattarai.
  • Bailey raised traffic at the Lupine Hills drop-off area.
  • Walker-Griffin asked about political changes ahead for the district.
  • Mayor Christine Kelley asked about reading books and closed with an endorsement: "I do support the parcel tax."

Decisions and stakeholder impacts: The item was informational, and no one spoke during public comment. Families, students and district staff who depend on parcel-funded programs have the most at stake when renewal reaches voters.


Workforce Board's Budget More Than Doubles

Why it matters: Contra Costa County's Workforce Development Board now manages $51.3M, up from $24M. Its job and apprenticeship services are open to Hercules residents and employers.

Where things stand: Tamia Brown of the Workforce Development Board of Contra Costa County reported more than 23,000 individual visits and more than 5,000 businesses served in fiscal year 2025-26, across 12 sites.

The board offers apprenticeship pathways in civil engineering, tutoring, and EMT/paramedic training with AMR. "There's no loss of income," Brown said of the paid EMT track.

Other programs include:

  • Pathways for justice-involved residents, funded through AB 109
  • Childcare and food security programs funded by Measure X
  • East Bay Works

Residents can enter through any location under a "no wrong door" approach.

The federal catch: The Workforce Innovation and Opportunity Act (WIOA), a core federal funding source, still awaits reauthorization. "We receive funding on a 2-year basis, and so we haven't been reauthorized since 2014," said Brown. Councilmembers also asked about college access and job losses from artificial intelligence.

What's next: Bhattarai offered to collaborate through Diablo Valley Tech Initiatives. Kelley invited the board to the city's spring career fair.


Minor Items

  • Police union backs Measure P: Chris Costa, President, Hercules Police Officers Association, urged support for the one-cent sales tax. He said it exempts groceries, keeps revenue local, and would address mandatory overtime officers work to maintain minimum staffing.
  • Juneteenth 2027: Resident Nan Dillard asked the council to schedule an agenda item for a resident proposal. Grimsley formally requested the item, and Kelley asked, "Would it be possible they could move this maybe to January?"
  • Filipino American History Month: Kelley proclaimed October 2026 Filipino American History Month. Henry Torres, Director, Filipino Cultural and Historical Association, accepted and said about 27% of residents are Filipino.
  • Consent calendar: The council approved the Oct. 13 minutes and the quarterly investment report 5-0, on Bailey's motion seconded by Walker-Griffin.
  • Closed session: The council met privately on one potential litigation matter. There was no reportable action.

Looking Ahead

Measure P goes before voters next week. The city's annual trunk-or-treat is Friday, Oct. 30. The council next meets Nov. 10, when the tobacco license fee and signage return.