Tuesday, January 17, 2023
6:30 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, Acting City Clerk
Meeting Agenda
SPECIAL MEETING In- Person in Council Chambers or
Zoom ID: 895 2081 9860
Zoom Passcode: 106516
Zoom Phone Number: 1-669-444-9171
1 January 17, 2023City 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. CLOSED SESSION – CALL TO ORDER- ROLL CALL
NO CLOSED SESSION
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION- The Hercules City Council will meet in Closed Session regarding the following:
NO CLOSED SESSION
IV. SPECIAL MEETING - CONVENE TO OPEN SESSION- ROLL CALL [7:00 p.m] 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.
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE- NONE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
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.
2 January 17, 2023City Council Meeting Agenda
XI. PUBLIC HEARINGS- NONE
XIII. DISCUSSION AND/OR ACTION ITEMS
22-420 Resolution of the Hercules City Council Confirming the Proclamation of a Local Emergency Issued by the Director of Emergency Services on January 10, 2023
RECOMMENDATION: Receive report, discuss, and take action to adopt the Resolution Proclaiming the Existence of a Local Emergency.
Staff Report - Council Resolution Local Emergency
Proclamation of Local Emergency
Att. 2-Council Resolution affirming proclamation of a local emergency Attachments:
22-414 Sustainability Initiatives
RECOMMENDATION:: Receive a report on potential sustainability initiatives, ask questions, and provide direction on any initiatives the CIty Council would like to pursue further.
Staff Report: Sustainability Initiatives - CC 011723
Presentation: Sustainability Initatives CC 011723
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.
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.
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, January 24th at 7:00p.m. in the Council Chambers.
Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.
Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an enotice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the Administrative Services Department at (510) 799-8215 (Posted: January 12, 2023)
3 January 17, 2023City 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.
Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.
4 January 17, 2023City Council Meeting Agenda
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 live 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. • Speakers will be asked to provide their name and city of residence, although providing this information is not required for participation.
• Each speaker will be allowed up to 3 minutes to speak and provide comment. A limit of 30 minutes will be devoted to taking public comment during the first public comment period on the agenda. If any speaker comments have not been accommodated prior to the initial 30 minute period, time will be reserved at the conclusion of the meeting for the remaining public comments. • Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute.
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) 799-8215 no later than 3:00 p.m. on the meeting date.
If you need assistance with public comment, please contact: Eibleis Melendez, Acting City Clerk at [email protected] or by calling (510) 799-8215.
All public comments will become part of the official meeting record. 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.
5 January 17, 2023City 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.
6 January 17, 2023City Council Meeting Agenda
THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,
PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS
1. SPECIAL ACCOMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8215 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, Hercules Post Office, 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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REPORT TO THE CITY COUNCIL
DATE: Meeting of January 17, 2023
TO: Mayor Walker-Griffin and Council
SUBMITTED BY: J. Patrick Tang, City Attorney
Dante Hall, City Manager/Director of Emergency Services
SUBJECT: Resolution of the City Council P roclaiming Existence of a Local Emergency
RECOMMENDATION: Receive report, discuss, and take action to adopt the Resolution Proclaiming the Existence of a Local Emergency.
BACKGROUND:
Back-to-back winter storms have brought unusually high winds and near record amounts of rain throughout much o f the state of C alifornia. While many California cities have experienced disastrous flooding resulting in loss of life and extensive property damage, the City of Hercules has so far escaped serious or widespread damage. However, the ground is saturated and the additional rains that are forecast bring on the possibility of mudslides and flooding as well as the potential for damage to both above ground and underground city infrastructure.
DISCUSSION:
When there is a condition of extreme peril or potential peril to the safety of persons and property, the local governing body may proclaim that a local emergency exists. A local emergency may be proclaimed to exist due to a specific situation, such as flood, fire, sto rm, earthquake, epidemic, drought, or other condition.
For a jur isdiction that has experienced a disaster to qualify for assistance u nder the California Disaster Assistance Act (CDAA), a proclamation must be made within 10 days of the event. The Proclamation of a Local Emergency:
Gives public employees and governing bodies certain immunities for emergency actions taken.
Enables local agencies to request state assistance under the State CDAA. Allows the chief executive or other authorized official designated by local ordinance to take measures to protect and preserve public health and safety.
8
Depending on the circumstances, financial assistance from the CDAA may be made available to repair, restore, reconstruct or replace public real property or public fa cilities belonging to local agencies damaged as a result of natural disasters and recover indirect costs.
The City Manager, in his capacity as Direc tor of Emergency Services and as authorized by Hercules Municipal Code Section 3-1.06, on January 10, 2023 issued a Declaration Proclaiming the Existence of a Local Emergency (Attachment 1). Pursuant to Section 8630 of the California Government Code, whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not r emain in effect for a period in excess of seven days unless it has been ratified by the governing body . Adoption of the Resolution Proclaiming Existence of a Local Emergency by the governing body is re quired in order to qualify for assistance under the state California Disaster Assistance Act (CDAA).
CONCLUSION:
The potential for significant damage from winter storms makes it prudent to prepare for the possibility that conditions could at some point exceed the capability of local forces to cont rol effectively, requiring assistance from the CDAA and/or FEMA.
ATTACHMENTS:
1. January 10, 2023 Director of Emergency Services D eclaration Proclaiming the Existence of a Local Emergency
2. Draft Resolution of the Hercules City Council Proclaiming Existence of a Local Emergency
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Section 3-1.06 of the Hercules Mu nicipal Code empowers the City Manager of the City of Hercules, acting in his capacity as Director of Emergency Services, to proclaim the existence or threatened existence of a lo cal emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, on January 10, 2023, the City Manager, as Director of Emergency Services of the City of Hercules, issued a Declaration Proclaiming the Existence of a Local Emergency upon finding that conditions of extreme peril to the safety of persons and property have arisen within the City of Hercules due to extreme w eather events causing the potential for severe flooding , landslide, and damage to critical infrastructure; and
WHEREAS, pursuant to Section 8630 of the California Government Code, whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body; and
WHEREAS, the governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency, termination to occur at the earliest possible date that conditions warrant.
NOW THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of Hercules that:
1. The Proclamation of Local Emergency made on January 10, 2023 by the Director of Emergency Services is hereby confirmed and a Local Emergency now exists throughout the City of Hercules, California;
2. During the existe nce of this Local Emergency, the powers, functions and duties of the Director of Emergency Services, the Disaster Council and the emergency organization of the City of Hercules shall be those prescribed by state law, by existing ordinances and resolutions of the City of Hercules, as well as this Resolution and any subsequent emergency orders of the Council;
3. For storm related expenditures, t he normal City of Hercules goods and service procurement requests and purchase practices and ordinances are stayed du ring this period of emergency;
4. The content of this Resolution shall be given public notice as is reasonable and feasible under these circumstances;
5. This Local Emergency shall continue until it is terminated by proclamation of the Council;
11 6. The need for continuing this Local Emergency shall be periodically reviewed by Council consistent with the requirements of Section 8630 of the Government Code.
The foregoing Resolution was duly and regularly adopted at a meeting of the City Council of th e City of Hercules held on the 17th day of January 2023, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Alex Walker-Griffin, Mayor
ATTEST:
Eibleis Melendez
Acting City Clerk
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CITY COUNCIL STAFF REPORT
DATE: January 17, 2023
TO: Mayor Walker-Griffin and Members of the City Council
SUBMITTED BY: Timothy Rood, AICP, Community Development Director Dante Hall, City Manager
SUBJECT: Sustainability Initiatives
RECOMMENDED ACTION:
Receive a report on potential sustainability initiatives, ask questions, and provide direction on any initiatives the City Council would like to pursue further.
SUBCOMMITTEE ACTION:
The Council’s Economic Development Committee reviewed this report on August 16, 2022 and recommended that it be brought forward to the full Council.
FISCAL IMPACT OF RECOMMENDATION:
There are no direct fiscal impacts associated with this item ; however, several of the pote ntial initiatives, if pursued, would require additional funding for consulting services and staffing assistance.
BACKGROUND & DISCUSSION:
The National Environmental Policy Act of 1969 committed the United States to sustainability, declaring it a national policy “to create and maintain conditions under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic and other requirements of present and future generations.” In 1987, the United Nations Brundtland Commission defined sustainability as “meeting the needs of the present without compromising the ability of future generations to meet their own needs.” The U.S. Environmental Protection Agency uses a similar definition: “To pursue sustainability is to create and maintain the conditions under which humans and nature can exist in productive harmony to support present and future generations.”
Local Sustainability Initiatives
The City of Hercules has recognized the importance of environmental sustainability in many ways.
In June 2020 the City Council approved a $3.9 million engineering services contract with ENGIE to install solar arrays and LED lighting on City-owned facilities and streetlights, retrocommission the library heating, ventilation and air conditioning (HVAC) system, and replace the City Hall HVAC 13 2
system. The ongoing planning for the Regional Intermodal Transit Center and Waterfront District Transit-Oriented Development (TOD) demonstrate the City’s leadership in planning for sustainable transportation and land use. Public electric vehicle (EV) chargers are available at several locations in Hercules, including North Shore Business Park and Park Lake Plaza, with more c hargers to be installed at Safeway as well.
The City Council adopted an updated General Plan Safety Element and Local Hazard Mitigation Plan in 2021, which address adaptation and resiliency strategies applicable to Hercules. The Element recognizes that the impacts of climate change pose an increasing and growing challenge to the safety and wellbeing to the residents of Hercules, as California will continue to experience effects of climate change in different ways, including increased likelihood of drought, flooding, wildfires, heat waves, severe weather, and sea-level rise. The Local Hazard Mitigation Plan includes a policy calling for the City to develop a Climate Action Plan by 2026.
In 2017, the City worked with East Bay Energy Watch, a program of StopWaste.org, to develop draft Greenhouse Gas (GHG) inventories for the City of Hercules for the years 2005, 2010, 2015 and 2017, While some data were not available, the inventory estimated that roughly 55 to 60% of the City’s GHG emissions result from transportation, with the remainder primarily resulting from residential and commercial energy use (heating and cooling) and water and wastewater systems. In May 2022, the City adopted local energy standards that are more stringent than the statewide standards, called “Reach Codes” because they are reaching beyond the minimum requirements with the goal of decreasing greenhouse gas (GHG) emissions.
Members of the City Council have expressed interest in additional sustainability initiatives, including incentives for installation of EV charging stations and permit streamlining for solar panels. Given the very limited staffing in the Community Development Department, staff is requesting direction on Council priorities for bringing forward new sustainability initiatives as part of the Department’s overall work plan and staffing strategy.
Climate Change
Since the mid to late 1900s, the world has seen the average global temperature increase. June 2022 marked the 46th consecutive June and the 450th consecutive month with temperatures above the 20th- century average. The ten warmest Junes on record have all occurred since 2010. 1 According to NASA,
over 97% of scientists agree that human activities, specifically emissions of greenhouse gases from the burning of fossil fuels, are the major cause of this trend. Climate change brings added stress to community members’ livelihoods, businesses, and infrastructure systems. While no individual weather event can be fully and directly attributed to climate change, a warming climate increases the volatility of weather and climate conditions. Heat waves become hotter. Storms become more extreme. Fires burn more land.
The Intergovernmental Panel on Climate Change (IPCC) is the United Nations body for assessing the science related to climate change. The IPCC was created in 1988 to provide policymakers with regular scientific assessments on climate change, its implications and potential future risks, as well as to put forward adaptation and mitigation options. Through its assessments, the IPCC determines the state of knowledge on climate change. It identifies where there is agreement in the scientific community on topics related to climate change, and where further research is needed. The reports are drafted and reviewed in several stages, thus guaranteeing objectivity and transparency. IPCC’s Sixth Assessment,
1 National Oceanic and Atmospheric Administration, “June 2022 was Earth’s 6th -warmest on record,” July 2022 14 3
issued in 2022, states with high confidence that the rise in weather and climate extremes has led to some irreversible impacts as natural and human systems are pushed beyond their ability to adapt. The Assessment also states:
• Global warming, reaching 1.5°C in the near -term, would cause unavoidable increases in multiple climate hazards and present multiple risks to ecosystems and humans (very high confidence).
• Near-term actions that limit global warming to close to 1.5°C would substantially reduce projected losses and damages related to climate change in human systems and ecosystems, compared to higher warming levels, but cannot eliminate them all (very high confidence)
California is particularly vulnerable to disruption of its water supply due to loss of snowpack.
Fourteen of the most destructive wildfires in California state history have occurred since 2012. In the coming decades, the changing climate is likely to further decrease the supply of water, increase the risk of wildfires, and threaten coastal development and ecosystems. In the Bay Area alone, the effects of climate change have been slowly intensifying. Between 1950 and 2005, the Bay Area’s average annual maximum temperature increased by 1.7°F (0.95 °C). The 2012-2016 drought led to moisture shortages not seen in the last 1,200 years. Sea levels in the Bay Area have risen over 8 inches in the last 100 years.
2 Sea level is likely to rise between one and four feet in the next century. Even a 16- inch rise could threaten coastal highways, bridges, and the San Francisco and Oakland airports. A rise of three feet would increase the number of Californians living in places that are flooded by a 100-year storm from about 250,000 today to about 400,000.
3 Regulatory Context
The State of California has set ambitious greenhouse gas emissions targets for the next 30 years. The State has implemented policies, span ning from renewable energy procurement to sustainable transportation planning, that help it achieve its goals. Aligning with the state can help the City secure funding for projects to improve the livability of its communities.
State laws have outlined goals for the state’s greenhouse gas emissions reductions, including:
• AB 32 (2006): Limit greenhouse gas emissions to 1990 levels by 2020 • SB 32 (2016): Limit greenhouse gas emissions to 40% of 1990 levels by 2030
In 2007, California developed green building standards in an effort to meet the goals of AB 32. The California Green Building Standards Code — Part 11, Title 24, California Code of Regulations — known as CALGreen, was the first-in-the-nation mandatory green building standards code. Since then, regular updates to the code have greatly streamlined permitting for energy efficiency measures such as solar panels and EV chargers, in most cases requiring such permits to be issued ministerially, without a public hearing.
Local governments have a role to play in helping the State achieve its climate goals. California’s Climate Change Scoping Plan encourages local governments to adopt goals to reduce greenhouse gas (GHG) emissions by 15% below 1990 levels by 2020, 40% below 1990 levels in 2030, and 80% below 1990 levels by 2050. Additionally, Executive Order B -55-18 calls for carbon neutrality by 2045, consistent with the latest IPCC report.
2 Bay Area Climate Change Regional Report – California’s Fourth Climate Change Report 3 EPA Bulletin 430-F-16-007 – “What Climate Change Means for California,” August 2016 15 4
POTENTIAL INITATIVES:
Climate Action Plan
Climate Action Plans (CAPs) are comprehensive roadmaps that outline the specific activities that an agency will undertake to reduce greenhouse gas emissions. Climate Action Plans build upon the information gathered by greenhouse gas inventories and generally focus on those activities that can achieve the relatively greatest emission reductions in the most cost-effective manner.
In Hercules, the General Plan Safety Element and associated Local Hazard Mitigation Plan adopted in 2021 call for the City to develop a Climate Action Plan by 2026. Such a plan would require considerable public outreach and consultant assistance and would need to be considered as part of the Community Development Department’s overall workplan and staffing strategy for the coming years.
As of August 2022, in Contra Costa County, 11 of the 16 cities and towns, as well as the County of Contra Costa, currently have adopted Climate Action Plans, and the cities of Brentwood, Pinole and Pittsburg have CAPs in progress. The cities or towns in the County that do not have, and are not currently developing, a CAP are Clayton, Hercules, Lafayette, Orinda, and Pleasant Hill.
A Climate Action Plan would likely take at least 9 -12 months to bring forward for adoption once work began. For context, in May 2022, the City of Pinole authorized a budget of $184,808 for its first Climate Action Plan and associated optional tasks and an additional $50,000 to partner with Strategic Energy Innovations (SEI) to support a Climate Action Fellow for 10 months of on-site service.
Sustainability Task Force
The Council could consider appointing a limited-term task force to make recommendations regarding sustainability initiatives. Such an advisory body could identify and recommend specific programs for the City Council to consider, and if a Climate Action Plan were prepared, the task force could act as an advisory committee for the effort.
Community Choice Energy
Joining a Community Choice Energy (CCE) provider would be an opportunity to signficantly reduce energy costs for homeowners and businesses and reduce carbon pollution citywide, at no cost to the City. Authorized by the Legislature under AB 117 in 2002, Community Choice Energy, formerly known as Community Choice Aggregation (CCA), is a program by which local, not-for- profit public agencies provide electricity and often other energy-related programs to residents and businesses in their service area. Through Community Choice, communities can join together to pool (or aggregate) their electricity load in order to purchase clean energy and develop local projects and programs on behalf of their residents and businesses. Community Choice introduces competition and consumer choice into the electricity sector with a focus on local, renewable energy to stimulate rapid innovations in clean energy systems. As not-for-profit agencies, CCAs are not beholden to shareholder returns, but rather to stable, competitive pricing for consumers and increasingly resilient, clean, and local energy systems. Community Choice providers work in partnership with the region’s existing Investor-Owned Utility (IOU), which continues to deliver power and maintain the power grid.
Since the launch of Marin Clean Energy (now known as MCE) in 2010, many new CCAs have formed in communities across the service territories of California’s three largest investor-owned utilities: Pacific Gas & Electric (PG&E), Southern California Edison (SCE) and San Diego Gas & 16 5
Electric (SDG&E). According to Cal-CCA, the trade association representing CCAs in California, as of summer 2022, there are 24 operational CCA entities serving over 15 million people in more than 200 California cities and about half the counties in the state. According to CalCCA, CCAs in California have contracted for over 10,000 megawatts (10 gigawatts) of new renewable energy capacity and over 2,600 megawatt-hours of new energy storage, avoided about 940,000 metric tons of GHG emissions per year, and supported thousands of jobs.
In Contra Costa County, the unincorporated County and the cities of Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon and Walnut Creek are members of MCE, which now serves 37 communities in Marin, Napa, Solano and Contra Costa Counties. Like most CCAs, MCE is a Joint Powers Authority (JPA), with a board made up of elected officials representing its member agencies. PG&E continues to deliver the electricity through its transmission and distribution system and provide meter reading, billing, and maintenance services for MCE and other CCA customers in its territory, as well as to provide natural gas service. The MCE charges appear as a line item on the PG&E bill. MCE’s standard service, Light Green, has contained 60% renewable energy or more since 2017, meeting state goals 13 years ahead of schedule. Light Green is projected to be 95% GHG-free by 2023 and will increase to 85% renewable by 2029.
Once a city or county implements or joins a CCA program, state law requires that residential customers within a CCA member's jurisdictions be enrolled in CCA service unless they choose to opt out. The noticing process is conducted by the CCA and includes a website and telephone call center for questions. The default power product at enrollment is selected by the member agency’s governing body, and once enrolled, customers have the option to “opt up” or “opt down” to a different power product, or to “opt out” of the CCA entirely at no charge and continue to purchase their electricity at higher cost from PG&E. Customers will receive at least two notices during a 60- day period prior to CCA service commencement and at least two additional notices during a 60-day period after CCA service commencement. These notices will inform the customer how to opt out of the program if he or she chooses to do so.
On June 25, 2017, the Hercules City Council discussed the option of joining a CCA program. The consensus of City Council at that time was to not join and to only consider this item on a future agenda if MCE offers another open enrollment program where the one-time cost to join is waived, and to return to the City Council at that time to ask if the Council is inclined to consider the option.
MCE staff indicated in July 2022 that there is no cost to join MCE and that all three of MCE’s power products are currently priced below PG&E rates. MCE staff have indicated that they would be happy to present to the City Council, if desired.
Vehicle Electrification
Given that roughly half of the City’s GHG emissions result from transportation, addressing vehicle emissions will be a key part of any climate action strategy. Along with increased walking, bicycling, use of micro-mobility (e-scooters, e-bikes etc.) and transit use, vehicle electrification is a major part of the state and region’s plans for reducing vehicle emissions. CALGreen, the state Building Code, currently requires a minimum percentage of parking spaces for certain uses to be EV Capable (equipped with service panel capacity and raceway, but not the chargers themselves). The 2022 update that went into effect January 1, 2023 will require new multifamily dwellings and hotels/motels to equip 25% of parking spaces with low power Level 2 receptacles and require 5% of parking spaces in buildings with 20 or more units to provide higher power Level 2 chargers. Local agencies may choose to enact higher minimum percentages as voluntary measures, and Contra Costa County has 17 6
done so, increasing the required percenta ge of spaces with higher power Level 2 EV spaces for hotels/motels and multifamily to 10%. On January 10, 2023, the City Council considered an ordinance adopting the 2022 California Building Code with local amendments consistent with the County’s in this regard.
In partnership with Contra Costa County, the City complies with state laws requiring streamlined permitting of Electric Vehicle Charging Stations (EVCS). AB 1236 (Chiu, 2015), codified in Government Code Section 65850.7, requires all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations (EVCS) , with approval limited to health and safety review and no public hearing required. AB 970 (McCarty, 2021) adds specific binding timelines to that review period based on the size of the project and clarifies parking requirements - if the EVCS and associated equipment interferes with, reduces, eliminates, or in any way impacts the required parking spaces for existing uses. cities and counties shall reduce the number of required parking spaces by the amount necessary to accommodate the EVCS. EVCS are also required to be installed at Safeway and Sycamore Crossing per the approved development agreements.
The City could consider acquiring new electric vehicles (EVs) for its fleet as City vehicles are retired from service and replaced. The Fiscal Year 22 -23 budget includes replacement of three Police Department patrol vehicles and two Public Works pick-up trucks. Transitioning the City fleet to EVs would require further study, as the City fleet includes police vehicles and trucks which may not be well suited to electrification with currently available vehicles. Fleet recharging facilities would also be required; such facilities were considered but not pursued as part of the agreement with ENGIE that the Council approved in June 2020.
In summer 2022, the Metropolitan Transportation Commission (MTC) issued a call for proposals or concepts for projects or programs that address gaps and accelerate equitable electric vehicle adoption, EV charging deployment, or other electric mobility options (e-scooters, e-bike, etc.) and demonstrate replicable or scalable solutions that can improve access to clean mobility options across the region.
MTC anticipates developing a $40-60 million funding program(s) to advance vehicle electrification in the region, with a call for applications later in 2023.
Jurisdictions that belong to MCE can participate in CCTA’s Charge Up Contra Costa program to support electric personal mobility and provide educational programs in low-income communities in Contra Costa. Strategies include rebates for the procurement of electric vehicle charging stations, electric vehicle carshare, e- Bike rebates, Workforce Development, courses for electric vehicle maintenance and repair, and installation and maintenance of electric vehicle charging stations. MCE will lead the outreach efforts to install electric vehicle charging stations at multi-unit dwellings and public locations. The program, which will run through March 2024, aims to improve localized health impacts with estimates to reduce 54,640 tons of greenhouse gases that exacerbate health issues, including emphysema, asthma, and other respiratory diseases such as chronic obstructive pulmonary disease and bronchitis.
Staffing Assistance
With a full-time staff of 2.0 FTEs, the Community Development Department does not currently have capacity to take on major new initiatives. Should the Council decide to pursue a Climate Action Plan and/or Sustainability Task Force, staff recommends consideration of participating in one of the available staffing assistance programs for this type of effort. These include the following:
18 7
• CivicSpark Fellowship, a program of the Local Government Commission, is a Governor’s Initiative AmeriCorps program that launched in 2014 to build capacity for local governments to address climate change. Since then, the program has evolved to address community resilience issues in general, including climate change, affordable housing, transportation equity, and others.. Fellows are placed with agencies from September through August, with applications due in April-July each year. The Fellowship runs for an 11-month term where Fellows serve an average of 40 hours per week to complete a minimum of 1700 hours during the service term. The 2022-23 cost to the participating local government is $29,000.
• Climate Action Fellowship, a program of Strategic Energy Innovations (SEI), is also an AmeriCorps program. Fellows are placed with agencies from September through June, with applications due in April-June each year. The Fellowship runs for a 1 0-month term where Fellows serve an average of 40 hours per week. The 2022-23 cost to the participating local government starts at $46,500 for public agencies.
19 What is Sustainability?
“To create and maintain conditions under which humans
and nature can exist in productive harmony, that permit fulfilling the social, economic and other requirements of present and future generations.”
- National Environmental Policy Act of 1969
“Meeting the needs of the present without compromising
the ability of future generations to meet their own needs.” - United Nations Brundtland Commission, 1987
“To create and maintain the conditions under which humans and nature can exist in productive harmony to support
present and future generations.”
- U.S. Environmental Protection Agency
20 Why Pursue Sustainability?
Environment Economy Equity
21 Local Sustainability Initiatives
22 Hercules Greenhouse Gas (GHG) Inventories
0 20,000
40,000
60,000
80,000
100,000
120,000
140,000
2005 2010 2015 2017
MTCO2e
Energy Transportation BART Off-Road Waste Water and wastewater 23 Carbon Dioxide
24 25
Extreme Weather Events
26 California’s Vulnerability to Climate Change
Snowpack
Wildfires
27 Sea Level Rise
28 29
30 31
Climate Action Plan
Local Hazard Mitigation Plan (2021)
The City of Hercules does not have a Climate Action Plan and intends to develop one as a mitigation planning action during the next five years. The plan will build on the mitigation goals and objectives identified in the mitigation plan.
General Plan Safety Element (2021)
1.A.11 Climate Action Strategy and Resiliency Programs.
Consider completing a City of Hercules Municipal Climate Action
Plan to identify internal city greenhouse gas reduction or climate resiliency strategies.
[Co-benefit: The best way to address climate change is to drastically reduce GHG emissions. A Climate Action Plan would set greenhouse gas (GHG) emission reduction
targets and develop actions to address the negative
outcomes of climate change.]
32 Climate Action Plan Status
In
Progress
Adopted
Antioch 2020
Brentwood 2019
Clayton - -
Concord 2013
Danville 2009
El Cerrito 2013
Hercules
Lafayette
Martinez 2009
Moraga 2014
Oakley 2015
Orinda
Pinole 2021
Pittsburg 2022
Pleasant Hill
Richmond 2016
San Pablo 2012
San Ramon 2011
Walnut Creek 2012
County 2015
33 Hercules GHG Emissions – Energy Only
0 5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
45,000
2005 2010 2015 2017
MTCO2e
Residential electricity Nonresidential electricity Residential natural gas Nonresidential natural gas 34 Sustainability Task Force
The City Council could consider appointing a limited-term task force to advise the Council and staff regarding:
• Climate Action Plan development
• Other sustainability initiatives
• How best to engage Hercules residents and businesses in sust
ainability programs
• Opportunities to realize equity and fairness in
sust
ainability programs across the diverse community of
Hercules
35 Community Choice Energy
36 Community
Choice
Energy
37 38
39 Electric Vehicle Charging Station Permit Streamlining AB 1236 (Chiu, 2015)
• All California cities and counties
must dev
elop an expedited,
streamlined permitting process
for electric vehicle charging
stations
AB 970 (McCarty, 2021)
• Adds specific binding timelines
f
or review period
• Clarifies parking requirements –
cities must r
educe parking
requirements by amount
needed to accommodate EVCS
40 Electric Vehicle Charging Station Permit Streamlining 41 Vehicle Electrification
The City could consider:
• Acquiring EVs for the City vehicle fleet
(requires charging infrastructure and further study)
• Pursuing future regional (MTC) funding for innovative vehicle electrifica
tion programs or other electric mobility options
• Joining MCE and participating in CCTA’s Charge Up Contra Costa program, which includes:
• Installation and maintenance of EV chargers
• Rebates for EV charging stations
• EV carshare
• E-Bike rebates
• Workforce development programs
• Courses for EV maintenance and repair
42 Staffing Assistance Options
• Applications due April-July each year
• 11 month term September-August
• 40 hours/week average
• Cost to participate: $29,000
• Applications due April-July each year
• 10 month term September- June
• 40 hours/week average
• Cost to participate: $46,500
43