Draft Agenda
Board of Directors Meeting
Wednesday, June 15, 2022
5:00 pm
https://us02web.zoom.us/j/87023071843
Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 929 205 6099 or +1 301 715 8592 or 888 475 4499 (Toll Free) or 877 853 5257 (Toll Free)
Webinar ID: 870 2307 1843
Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the Clerk of the Board at least 2 working days before the meeting at (510) 906-0491 or [email protected].
If you have anything that you wish to be distributed to the Board, please email it to the clerk by 5:00 pm the day prior to the meeting.
1. Welcome & Roll Call
Present: Directors: Harrison (Berkeley), Jordan (Albany), Kumagai (Dublin), Cox (Fremont), Marquez (Hayward), Munro (Livermore), Hannon (Newark), Kalb (Oakland), Cavenaugh (Piedmont), Narum (Pleasanton), Patino (Union City), Eldred (Community Advisory Committee), Vice-Chair Lopez (San Leandro), and Chair Martinez (Emeryville) Excused: Directors: Valle (Alameda County), Arriola (Tracy) Director Jordan served as an Alternate for Director Tiedemann (Albany).
Director Cox served as an Alternate for Director Mei (Fremont), Director Hannon joined the meeting at 5:33pm.
Director Kumagai joined the meeting at 5:12pm.
Director Munroe joined the meeting at 6:20pm.
2. Pledge of Allegiance
3. Public Comment
This item is reserved for persons wishing to address the Board on any EBCE-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. As with all public comment, members of the public who wish to address the Board are customarily limited to two minutes per speaker and must complete an electronic speaker slip. The Board Chair may increase or decrease the time allotted to each speaker.
Priscilla Ward, a retired respiratory therapist, supported EBCE’s endeavor to support UCSF Benioff Children’s Hospital asthma program. Priscilla Ward’s 45-year career was rewarding East Bay Community Energy
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but frustrating due to lack of resources to serve the large East Bay population, and EBCE’s support of children with asthma is appreciated.
Katie D’Harlingue, Associate Medical Director for Pediatrics at La Clinica De La Raza in Oakland supported the proposed grant to the pediatrics asthma program at UCSF Benioff Children’s Hospital, where La Clinica refers its most severe asthma patients. Katherine D’Harlingue stated that La Clinca’s pediatric asthma patients are particularly vulnerable and many are at higher risk due to living in polluted urban areas and near freeways, and are at high risk for developing complications of asthma.
Sanae Bouchentouf supports EBCE’s grant to Benioff Children’s Hospital pediatric asthma program, as her daughter was diagnosed with asthma at two-years-old and at 14-years-old suffered a heart attack and was taken to Children’s Hospital, where her asthma was treated.
Gina Lewis, Medical Director of Federally Qualified Health Center at UCSF Benioff Children’s Hospital, spoke in support of EBCE’s grant to Benioff Children’s Hospital pediatric asthma program. Gina Lewis noted that Benioff Children’s Hospital serves over 10,000 children and families and receives approximately 30,000 visits per year. Gina Lewis stated that many patients of that hospital live with poverty, housing instability and pollution, and that the grant will help these patients to live full and happy lives.
Kandice spoke in support of EBCE’s grant to Benioff Children’s Hospital pediatric asthma program.
Maria Echaveste, Member of the UCSF Benioff Children’s Hospital Board of Directors and CEO of the Opportunity Institute, spoke in support of EBCE’s grant to Benioff Children’s Hospital pediatric asthma program. Maria Echaveste stated that the grant will help the UCSF Benioff Children’s Hospital to respond to the needs of vulnerable children and families.
Beth Weinberger spoke in opposition to EBCE’s proposed grant to Benioff Children’s Hospital pediatric asthma program. Ms. Weinberger noted that the grant would not be in alignment with EBCE’s primary objectives to promote clean energy to the entire community. She stated EBCE should invest that money into equity programs and projects that address root causes of asthma rather than supporting medical treatment options.
Rick da Silva, Oakland Chinatown Chamber of Commerce, spoke in support of EBCE’s grant to Benioff Children’s Hospital pediatric asthma program, stating that Chinatown has the worst air quality in Oakland.
Blair Beekman referred to public commenter Tom Kelly’s comments regarding EBCE’s current practices and the relationship between renewable energy and what can be a clean energy future with carbon-free nuclear. Blair Beekman stated that EBCE’s preparation for how to talk about the future of renewables and its relationship with fossil fuels has been commendable.
Blair Beekman hoped that the activist community can address the ongoing issue of carbon-free nuclear energy.
Robert Freehling spoke in opposition to EBCE’s proposed grant to UCSF Benioff Children’s Hospital. Mr. Freehling agreed with Beth Weinberger’s comment that it is not the purpose of a Community Choice Aggregation program to donate cash to charities, no matter how well intended. Robert Freehling stated that the language of AB 117, which created Community Choice Aggregation, specifically authorizes only certain narrow powers for a CCA: to leverage negotiation of contracts, provide consumer protections, and reduce transaction costs to consumers.
East Bay Community Energy
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Hope Salzer spoke in opposition to EBCE’s proposed grant to UCSF Benioff Children’s Hospital. Hope Salzer stated that racial justice can be served by providing access to resilient microgrids.
Chris Peeples, an expert on electrification of heavy-duty transit, spoke in opposition to EBCE’s proposed grant to UCSF Benioff Children’s Hospital, stating that the grant is far away from EBCE’s core mission. Chris Peeples stated the $15 million should be spent on eliminating the diesel exhaust that causes asthma. Chris Peeples stated that UCSF is a wealthy organization, and that it does not need a $15 million grant.
Tom Kelly spoke in opposition to EBCE’s proposed grant to UCSF Benioff Children’s Hospital.
Tom Kelly stated that grant funds should be spent on purchasing renewable and carbon-free power. Tom Kelly requested to be provided with a summary of EBCE’s Local Development Business Plan to assess its progress over its lifetime.
Dr. Amanda Millstein, Primary Care Pediatrician, UBCP Hilltop Pediatrics, spoke in approval of EBCE’s proposed grant, stating that the community the UCSF Benioff’s Children’s Hospital serves exhibits symptoms of asthma at rates that are double the national average.
Jessica Tovar, Local Clean Energy Alliance and East Bay Clean Power Alliance, stated that the grant to UCSF Benioff Children’s Hospital is outside of EBCE’s core mission. Jessica Tovar stated that EBCE should invest in local clean energy development instead.
Amos White, 100K Trees for Humanity, stated that at the June 13, 2022 Community Advisory Committee meeting, he asked EBCE to fund a portion of its surplus money into a tree-planting program in three targeted communities across the East Bay. Amos White proposed slowing the budget process down in order to receive public input about the grant proposal.
Crystal Huang, People Power Solar Cooperative, stated EBCE should invest the $15 million into the Local Development Business Plan programs that advance resilience and equitable access to local clean energy, such as community microgrids and energy efficiency upgrade for low-income homes and buildings.
Marjaneh Moini, Physicians for Social Responsibility, spoke in opposition to EBCE’s grant to UCSF Benioff Children’s Hospital pediatric asthma program, stating that the grant money should be invested in asthma prevention programs instead.
Shina Robinson, Asian Pacific Environmental Network, spoke in opposition to the UCSF Benioff Children’s Hospital grant, stating that the grant should be given to organizations that that advocate for environmental justice.
Melissa Yu, Sierra Club, spoke in opposition to grant to Benioff Children’s Hospital, stating that EBCE is a public agency whose stated goal is to reinvest earnings back into the community to create local green energy jobs, local programs, and clean power projects.
Melissa Yu urged EBCE to use the grant money to fund equity programs and projects that would directly address root causes of asthma. Melissa Yu requested that EBCE create an public application process to determine the recipients of the grant proposal.
Robert Johnson (Due to technical difficulties Mr. Johnson’s comments were inaudible. It was suggested that Mr. Johnson submit his comments in writing.) Audrey Ichinose stated that environmental pollution falls most heavily on low-income communities of color who live near highways and heavy transport centers like the Port of Oakland. Audrey Ichinose stated that EBCE’s tools are much better suited to helping asthma sufferers before the fact rather than addressing the problem after the fact. Audrey Ichinose East Bay Community Energy
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stated that EBCE should make investments in line with its mission, such as transportation electrification.
Dr. Ann Maris, a biochemist and educator, spoke in support of the 100K Trees for Humanity, East Bay Cooler Communities Plan.
Margie Lewis, an Oakland resident, urged EBCE to redirect its $15 million proposed donation to the UCSF Benioff Children’s Hospital to local programs that advance equitable access to local clean energy for EBCE’s customers. Margie Lewis stated the proposed grant is misdirected and dwarfs all prior community support donations. Margie Lewis also noted that UCSF Benioff Children’s Hospital is extremely well funded with over $2 billion in assets and over $500 million in donations just this year.
4. Closed Session
a) Conference with labor negotiations pursuant to Government Code 54957.6. (Labor negotiators: Dianne Martinez, Board Chair; Corina Lopez, Executive Committee Chair) (Unrepresented employees)
5. General Counsel Report Out of Closed Session
No reportable actions were taken in closed session.
CONSENT AGENDA
6. Approval of Minutes from May 18, 2022
7. AB 361 – Finding for Continued Remote Meetings
Find that conducting in person meetings of the Board would present imminent risks to attendees’ health and authorize the Board to continue meeting via teleconferencing pursuant to Government Code Section 54953(e).
8. Contracts entered into (Informational Item)
9. Legal Services Agreements Approval for Fiscal Year 2022-2023 Adopt a Resolution authorizing the CEO or designee to negotiate and execute contracts with select legal vendors in accordance with the legal and other departmental budgets, for fiscal year 2022-2023.
10.Amendment to CSE with CALSTART
Amend existing CSA with CALSTART to add already Board approved budget to existing SOW; will enable additional M/HD Fleet technical assistance.
11.Amendment to CSA with Stantec
Amend existing CSA with Stantec to add budget for additional services regarding EV charging projects.
Director Narum (Pleasanton) motioned to approve the Consent Agenda. Director Cox (Fremont) seconded the motion which passed 10/0. Excused: Director Valle (Alameda East Bay Community Energy
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County), Director Jordan (Albany), Director Munro (Livermore), Director Arriola (Tracy) and Director Patino (Union City)
REGULAR AGENDA
12. CEO REPORT
A. Executive Committee
B. Marketing, Regulatory and Legislative Subcommittee
C. Finance, Administration and Procurement Subcommittee D. New Staff
13. Community Advisory Committee Report
• Chair Eldred reported the CAC held a meeting on June 13th where they said good-bye with great appreciation to Mary Sutter.
• Chair Eldred announced that CAC will welcome Alternate Member Lorraine Souza to replace Ms. Sutter at the next meeting, and would begin recruiting an alternate to replace Ms. Souza.
• Chair Eldred stated that Reverand Chambers, a founder of the CAC, will receive a kidney transplant in a week and has asked for everyone’s prayers and support. • Chair Eldred provided an update on two items:
o 1) The CAC recommends that stipends for the CAC are brought into parity with BOD stipends.
o 2) Chair Eldred stated that constituents provided negative feedback about the UCSF Benioff Children’s Hospital grant. Her constituents stated, in part, that they could not know how to apply for the grant.
14. FY 22-23 Budget (Action Item)
Adopt a Resolution approving the presented budget for fiscal year 2022-2023.
Audrey Ichinose, East Bay Clean Power Alliance and California Alliance for Community Energy, reiterated her opposition to the $15 grant to Benioff Children's Hospital, stating that EBCE must not lose sight of its obligations to low-income communities of color.
Jessica Tovar, East Bay Clean Power Alliance, noted that the $15 million grant to Benioff Children's Hospital had been put on hold, and spoke in support of funding programs in low-income communities so that those communities can benefit from the transition to clean energy.
Al Weinrub, California Alliance for Community Energy, spoke in opposition to the grant proposal to the UCSF Benioff Children's Hospital, stating that not received enough public scrutiny.
Amos White, 100K Trees for Humanity, referred to his earlier comments about the UCSF Benioff Children’s Hospital grant proposal.
Tom Kelly stated that based on comments of the public and CAC there are three items that people want to see: 1) Significantly improved GHD reductions from EBCE. 2) Meaningful discounts for customers. 3) Measurable benefits and successes with respect to the Local Development Business Plan.
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Blair Beekman referred to the October 2020 IPR report from which he learned what to expect in the future for solar and storage versus fossil fuel use. Blair Beekman stated that programs in the budget show that EBCE is trying to branch out into community efforts, and asked if funding for UCSF Benioff Children's Hospital should come from other sources.
Robert Johnson (Due to technical difficulties Mr. Johnson’s comments were inaudible. It was that suggested Mr. Johnson submit his comments in writing.) The Board Discussed:
• Community Innovation Grants:
o Growing the green energy jobs workforce, especially with respect to electrification and reduced emissions in the medium- and heavy-duty sector. o Helping low-income people become a larger part of the clean energy solution through organizations receiving the grants.
o Giving fewer grants in larger amount versus many tiny grants. o Increasing the grant dollar amount from $3 million over three years to $4.2 million over three years.
The Board Discussed:
• Reasoning behind Director Kalb’s figure of $4.2 million Community Innovation Grants amount over three years rather than a round number of 5 million, and the possibility of increasing the amount from $4.2 million.
• Decision making process for what to do with extra money. • Explicitly laying out short-, medium-, and long-term value and which communities are affected.
• Rationale for transportation electrification objectives outlined in the budget. • Incentives other counties use to help increase the adoption of more electrical charging stations.
• Promoting induction cooking with the Builders Association to get a foothold in new developments.
• Focusing on transparency and the public process by removing the $15 million Children’s Hospital grant.
• Getting an update on the Local Development Plan to see where is EBCE at with implementing projects and to understand how revenues and expenses are allocated. • Ensuring low-income communities are receiving their full service and taking advantage of financial resources.
• How to close the gap for communities, such as Hayward, that are not eligible for some low-income programs.
• Exploring partnering with other agencies whose jurisdictions include EBCE’s service territories.
• Ways equity is being realized in EBCE’s project and program choices. • Avoiding adding inputs into historically marginalized communities, BIPOC communities, and communities that do not qualify for other subsidies and support. • Expanded access to EBCE’s small pilot projects, such as LMI Electrification, local microgrids, and subsidized medical baseline batteries.
• Balance of EBCE’s programs versus its ability to make one-time investments, and staff’s capacity to run the programs.
Director Kalb (Oakland) motioned to pass the budget as presented with an amendment to increase the Community Innovation Grant amount from $3 million over three years to $4.2 million over three years, and to cut the $15 million grant to Children’s Hospital from East Bay Community Energy
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the vote. Director Cavenaugh (Piedmont) seconded the motion which passed 13/0 Excused: Director Valle (Alameda County) and Director Arriola (Tracy).
The Board Discussed:
• The Proposed $15 Million Grant to UCSF Benioff Children's Hospital:
o How pursuing the grant rather than focusing on long-term prevention by reducing pollution sources is outside of EBCE’s mission. o Alameda County’s 0.5% sales tax passed in March 2020, 20% of which will go to Benioff Children's Hospital, for $30 million a year.
o Using the grant funding to reduce gas stoves and reduce indoor air pollution in disadvantaged households by developing programs such as the induction cooktop program, and running studies to see what the impacts are. o Partnering with Benioff Children's Hospital on the induction cooktop program, because they know the population who would most benefit from the program, and the challenges of implementing and scaling such a program and partnering with Children's Hospital or other institutions.
o CAC’s recommendation that the Children’s Hospital grant be pulled and an RFP process started so entities, including Children’s Hospital, could submit proposals for the funding, with guidelines around how to review that. o Other ways that EBCE might be able to work with Children’s Hospital, such as doing energy efficiency for the facility with solar panels, backup, etc. o Producing a proposal to address asthma and air pollution in the community that is transparent and appropriate for a public entity.
o Seeking a large contract, with Children’s Hospital or someone else, who would work on dealing with the results as well as the causes of greenhouse gases, and would also collect data about those causes.
o Next steps in terms of outlining competitive solicitation as an RFP to see if there are other health providers out there that EBCE could partner with for a more neighborhood-focused way to get at the issue. Establish criteria of the winning bidder and allowing multiple awards.
o Implementing a referral system so EBCE can offer electrification directly in low-income and vulnerable homes to have a greater impact to entire families. o The challenges of putting out a full public solicitation and the difficulties in comparing different ideas from a quantitative perspective. o Whether the grant issue should go before the Executive Board for review before bringing it back to the entire Board. Presenting two or three options to the Executive Board to vote on as a recommendation, then bringing them to the full Board.
Director Harrison (Berkeley) motioned that the Board support the vision of spending funding on dealing with health impacts, especially in the area of pediatric asthma that results from pollution and greenhouse gas and climate impacts; and support a methodology for examining and dealing with those impacts and the causes. If agreement on a vision is reached, options shall be sent to the Exec Committee. Director Marquez (Hayward) seconded the motion. A straw poll indicated majority support with some opposition.
15.Approval of the 5th Amendment to Employment Agreement with Nick Chaset, CEO (Action Item)
There were no speakers for public comment.
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Director Munro (Livermore) motioned to approve the 5th Amendment to Employment Agreement with Nick Chaset, CEO. Director Narum (Pleasanton) seconded the motion which passed 12/0. Abstain: Director Jordan (Albany). Excused: Director Valle (Alameda County) and Director Arriola (Tracy).
16. Board Member and Staff Announcements including requests to place items on future Board Agendas
Director Munro announced that Livermore has just opened Livermoriun Park at 116 Livermore Avenue.
Director Marquez requested adding review of the Local Development Plan, assessment of where EBCE is at with executing the projects, and what has been accomplished, to a future agenda. Director Marquez also invited the community members and colleagues to the City of Hayward’s Wellness Festival for its second annual Juneteenth Celebration, sponsored by EBCE, on June 18th.
Director Cox reported that the City of Fremont is now implementing celebrating Juneteenth in the history of Fremont.
Vice Chair Lopez announced that San Leandro would also be honoring Juneteenth formally for the first time this year. Vice Chair Lopez also noted that San Leandro is turning 150 years old and invited everyone to an exhibit on redlining housing discrimination in San Leandro at the San Leandro Main Public Library on June 28th.
17.Adjournment in honor or Juneteenth to Wednesday, July 20, 2022 at 5:00pm.
Draft Agenda
Board of Directors Special Retreat
Regarding Power Procurement
Wednesday, July 6, 2022
11:00 am
https://us02web.zoom.us/j/87023071843
Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 929 205 6099 or +1 301 715 8592 or 888 475 4499 (Toll Free) or 877 853 5257 (Toll Free)
Webinar ID: 870 2307 1843
Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the Clerk of the Board at least 2 working days before the meeting at (510) 906-0491 or [email protected].
If you have anything that you wish to be distributed to the Board, please email it to the clerk by 5:00 pm the day prior to the meeting.
1. Welcome & Roll Call
Present: Directors: Tiedemann (Albany), Kumagai (Dublin), Mei (Fremont), Marquez (Hayward), Munro (Livermore), Kalb (Oakland), Narum (Pleasanton), Arriola (Tracy), Patino (Union City), Eldred (Community Advisory Committee), Vice-Chair Lopez (San Leandro) and Chair Martinez (Emeryville)
Excused: Directors: Valle (Alameda County), Harrison (Berkeley), Hannon (Newark), Cavenaugh (Piedmont),
Director Kumagai joined the meeting at 11:35am.
Director Mei joined the meeting at 11:56am.
Director Kalb joined the meeting at 11:35am.
CAC Chair Eldred joined the meeting at 11:22am.
2. Pledge of Allegiance
3. Public Comment
This item is reserved for persons wishing to address the Board on any EBCE-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. As with all public comment, members of the public who wish to address the Board are customarily limited to two minutes per speaker and must complete an East Bay Community Energy
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electronic speaker slip. The Board Chair may increase or decrease the time allotted to each speaker.
Tom Kelly stated that EBCE needs to reduce the amount of CO2, and that EBCE should not enter into contracts for goods or services with companies that are located in states that do not honor human rights.
Jessica Tovar, Local Clean Energy Alliance (LCEA), stated that community choice aggregation programs should invest in programs that promote the development of local clean energy, energy efficiency, electrification, and the creation of microgrids.
Jessica Tovar stated that the Local Development Business Plan should be seen as a roadmap to make those investments throughout the East Bay.
4. Power Procurement Overview (Informational Item)
Vaughn asked questions about the expense and time-horizon of long-term storage.
5. Board Member and Staff Announcements including requests to place items on future Board Agendas
Chair Martinez asked the Board Members to respond to the clerk’s questions about locations and timing for in-person meetings.
Chair Martinez requested that an item be placed on the July, 2022 Board meeting agenda to schedule a Board meeting to pass the AB 361 continuing resolution for the August, 2022 recess month.
Director Munro asked to address the request made during public comment that EBCE should not enter into contracts with companies that are located in states that do not honor human rights.
Chair Martinez sent this request to the Ad Hoc Procurement Policy Committee.
6. Adjournment to Wednesday, July 20, 2022 at 5:00pm.