City with an emergency phone number where the Contract Manager can be reached outside of normal 3098 business hours. 3099
33.03 Service Supervisor. Contractor shall assign a qualified employee to serve as its Service 3100 Supervisor, to be in charge of the Collection Service within the Service Area and must provide the name 3101 of that person in writing to the Agreement Administrator on or before the Commencement Date, and 3102 thereafter annually before January 1st of each subsequent Calendar Year of the Term, and any other time 3103 Contractor changes the employee serving in that position changes. The Service Supervisor must be 3104 physically located in the Service Area and available to the Agreement Administrator through the use of 3105 telecommunication equipment at all times that Contractor is providing Solid Waste Collection. In the event 3106 the Service Supervisor is unavailable due to illness or vacation, Contractor must designate a substitute 3107 acceptable to the City who shall be available and shall have the authority to act in the same capacity as 3108 the Service Supervisor. 3109
33.04 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff, consisting 3110 at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical 3111 Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key 3112 Operations Staff will provide the following to City Staff: email address, phone number, cell phone number, 3113 and office address. 3114
33.05 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide 3115 full-time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 3116
33.06 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3117 uniform shirt bearing Contractor’s name. Contractor’s employees who normally come into direct contact 3118 with the public, including drivers, must bear some means of individual photographic identification, such as 3119 a name tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California 3120 driver's license and all other required licenses for the type of vehicle that is being operated. 3121
33.07 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3122 the California Labor Code that require every employer to be insured against liability for Workers' 3123 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3124 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3125 person such that any part of this Agreement is performed by such a person as would be subject to the 3126 workers' compensation laws of the State of California unless and until Contractor gives City a certificate 3127 of consent to self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the 3128 event Contractor hires any subcontractor who has employees to perform any part thereof, then Contractor 3129 shall either require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must 3130 obtain Workers' Compensation Insurance Coverage for the subcontractor's employees. Before 3131 commencing performance under this Agreement, Contractor shall provide to the City evidence of any 3132 Workers' Compensation Insurance Coverage required by or for this Agreement, and all such coverage 3133 shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its 3134 employees, its agents, and its subcontractors. 3135
238
33.08 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3136 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of 3137 any and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, 3138 state, and local licenses required for the work they are assigned to perform. Contractor shall require any 3139 subcontractors performing work in the City to enter into a written contract that requires such subcontractors 3140 to agree they are independent contractors and have no other agency relationship with City. 3141 ARTICLE 34 Exempt Waste 3142
34.01 Contractor is not required to Collect or Dispose of Exempt Waste but may offer such 3143 services. All such Collection and Disposal of Exempt Waste is not regulated under this Agreement, but if 3144 provided by Contractor must be in strict compliance with all Applicable Laws. 3145 ARTICLE 35 Independent Contractor 3146
35.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3147 contractor and not an officer, agent, servant, or employee of City. Contractor will have exclusive control of 3148 the details of the services and work performed, and over all persons performing such services and work. 3149 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, 3150 and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or 3151 subcontractors will obtain any right to retirement benefits, Workers Compensation benefits, or any other 3152 benefits which accrued to City employees, and Contractor expressly waives any claim to such benefits. 3153
35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to 3154 enter into a contract containing the provisions set forth in the preceding subsection, in which contract the 3155 subcontractor agrees that Contractor and subcontractor are independent contractors and have no other 3156 agency relationship with City. 3157
ARTICLE 36 Laws to Govern 3158
36.01 The laws of the State of California govern the rights, obligations, duties, and liabilities of 3159 City and Contractor under this Agreement, and governs the interpretation of this Agreement. 3160 ARTICLE 37 Consent to Jurisdiction 3161
37.01 The parties agree that any litigation between City and Contractor concerning or arising out 3162 of this Contract must be filed and maintained exclusively in the Superior Courts of Contra Costa County, 3163 State of California, or in the United States District Court for the Northern District of California to the fullest 3164 extent permissible by law. Each party consents to service of process in any manner authorized by 3165 California law. 3166
ARTICLE 38 Assignment 3167
38.01 No assignment of this Agreement or any right occurring under this Agreement may be 3168 made in whole or in part by Contractor without the express prior written consent of the City. City will have 3169 239
full discretion to approve or deny, with or without cause, any proposed or actual assignment by the 3170 Contractor. Any assignment of this Agreement made by Contractor without the express written consent of 3171 the City will be null and void and will be grounds for City to declare a default of this Agreement and 3172 immediately terminate this Agreement by giving written notice to Contractor, and upon the date of such 3173 notice this Agreement will be deemed immediately terminated, and upon such termination all liability of 3174 City under this Agreement to Contractor will cease, and City will have the right to call the performance 3175 bond and will be free to negotiate with other contractors for the services that are the subject of this 3176 Agreement. In the event of any assignment approved by City, the assignee must fully assume all the 3177 liabilities of Contractor by way of an assignment and assumption agreement. The sale, assignment, 3178 transfer, or other disposition, on a cumulative basis, of fifty percent (50%) or more of the ownership interest 3179 in Contractor or twenty-five percent (25%) or more of the voting control of Contractor (whether Contractor 3180 is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an 3181 assignment for purposes of this Agreement, requiring prior written consent of the City. Further, the 3182 involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, sale, 3183 acquisition, financing, transfer, leveraged buyout, or otherwise), whether or not a formal assignment of this 3184 Agreement, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more, shall 3185 also constitute an assignment for purposes of this Agreement, also requiring prior written consent of the 3186 City. Transfers to affiliate companies of Contractor that have common ownership shall not be considered 3187 an assignment under the terms of this section. Upon notification to the City of any proposed assignment, 3188 Contractor shall provide to the City a payment of one hundred fifty thousand dollars ($150,000) for the City 3189 to perform its due diligence related to the requested assignment. 3190
38.02 The use of a subcontractor to perform services under this Agreement will not constitute 3191 delegation of Contractor’s duties if Contractor has received prior written authorization from the Agreement 3192 Administrator to subcontract such services and the Agreement Administrator has approved a 3193 subcontractor who will perform such services. Contractor will be responsible for directing the work of 3194 Contractor’s subcontractors, and any compensation due or payable to Contractor’s subcontractor will be 3195 the sole responsibility of Contractor. The Agreement Administrator will have the right to require the removal 3196 of any approved subcontractor for reasonable cause. 3197 ARTICLE 39 Compliance with Laws 3198
39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3199 including, without limitation, the Hercules Municipal Code. 3200
39.02 City shall provide written notice to Contractor of any planned amendment of the Hercules 3201 Municipal Code that would substantially affect the performance of Contractor’s services pursuant to this 3202 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s 3203 approval of such an amendment. Any such amendment that would or does affect Contractor’s services 3204 hereunder shall trigger the requirements of Sections 30.01 and 6.06 of this Agreement. 3205 240
ARTICLE 40 Permits and Licenses 3206
40.01 Contractor shall obtain, at its own expense, all permits and licenses required by law or 3207 ordinance, and shall maintain same in full force and effect throughout the Term of this Agreement. 3208 Contractor must provide proof of such permits, licenses, or approvals and must demonstrate compliance 3209 with the terms and conditions of such permits, licenses, and approvals upon the request of the Agreement 3210 Administrator. 3211
40.02 The Contractor must procure and maintain a valid City Business License throughout the 3212 Term of the Agreement. 3213
ARTICLE 41 Ownership of Written Materials 3214
41.01 Contractor hereby grants City a non-exclusive license to all reports, documents, brochures, 3215 public education materials, and other similar written, printed, electronic, or photographic materials 3216 developed by Contractor at the request of City or as required under this Agreement and intended for public 3217 use, without limitation or restrictions on the use of such materials by City. This Article 41does not apply to 3218 ideas or concepts described in such materials and does not apply to the format of such materials. 3219 ARTICLE 42 Waiver 3220
42.01 Waiver by City or Contractor of any breach for violation of any term, covenant, or condition 3221 of this Agreement will not be deemed to be a waiver of any other term, covenant, or condition or any 3222 subsequent breach for violation of the same or of any other term, covenant, or condition. The subsequent 3223 acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City 3224 will not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of 3225 this Agreement. 3226
ARTICLE 43 Prohibition Against Gifts 3227
43.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3228 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer 3229 or designated employee any gifts prohibited by the City. 3230 ARTICLE 44 Point of Contact 3231
44.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3232 Agreement Administrator. 3233
ARTICLE 45 Notices 3234
45.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3235 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3236 specified, and to the place for giving of notice in compliance with the provisions of this Section. For the 3237 present, the parties designate the following as the respective persons and places for giving of notice: 3238 241
As to the City: 3239
________________ 3240
________________ 3241
________________ 3242
As to the Contractor: 3243
________________ 3244
________________ 3245
________________ 3246
45.02 Notices given by personal delivery shall be effective immediately. Notices given by mail 3247 shall be deemed to have been delivered forty-eight (48) hours after having been deposited in the United 3248 States mail. Changes in the respective address to which such notice is to be directed may be made by 3249 written notice. 3250
45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3251 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to 3252 Contractor through the Customer Service System by the end of the Workday. 3253 ARTICLE 46 Transition to Next Contractor 3254
46.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3255 Solid Waste Collection following the expiration or early termination of this Agreement, Contractor will 3256 cooperate fully with City and any subsequent contractors to assure a smooth transition of services 3257 described in this Agreement. Such cooperation will include, but not be limited to, transfer of non-3258 confidential ; routing information, route maps, , and list of Service Recipients; providing a complete 3259 inventory of all Collection Containers; providing adequate labor and equipment to complete performance 3260 of all Solid Waste Collection required under this Agreement;, ; coordinating Collection of Materials set out 3261 in new Containers if new Containers are provided for a subsequent Agreements; and providing other 3262 reports and data required by this Agreement. 3263
ARTICLE 47 Contractor’s Records 3264
47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and 3265 accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the 3266 franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. 3267 These records and reports are necessary for the City to properly administer and monitor the Agreement 3268 and to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, 3269 during the Term of this Agreement, and for a period of not less than four (4) years following expiration or 3270 242
other termination hereof or for any longer period required by law, full, complete, and accurate records as 3271 indicated in the Agreement. 3272
47.02 Any records or documents required to be maintained pursuant to this Agreement must be 3273 made available for inspection or audit at any time during regular business hours, upon written request by 3274 the Agreement Administrator, the City Attorney, City Auditor, City Manager, or a designated representative 3275 of any of these officers. Copies of such documents will be provided to City electronically, available to City 3276 for inspection at the local Contractor office, or available to City for inspection at an alternate site if mutually 3277 agreed upon. 3278
A. Contractor acknowledges that City is legally obligated to comply with the California 3279 Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or 3280 information contained therein (“Records”) which Contractor is required to provide to City under this 3281 Agreement to be of a proprietary or confidential nature. In such instances, Contractor will inform City in 3282 writing of which records are considered propriety or confidential and shall identify the statutory exceptions 3283 to disclosure provided under the CPRA that legally permit non-disclosure of the Records. At such time as 3284 City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”), or a 3285 subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the request, 3286 subpoena, or order and of City’s obligation and intent to provide a response within ten (10) calendar days. 3287 Contractor shall within five (5) calendar days either: (i) consent in writing to the disclosure of the Records; 3288 or (ii) seek and obtain, at Contractor’s sole cost and expense, the order of a court of competent jurisdiction 3289 staying or enjoining the disclosure of the Records. If Contractor fails to respond within the timeframe 3290 stipulated, then City may proceed to disclosure the Records, in which event Contractor agrees, waives, and 3291 releases City of any liability for the disclosure of the Records. In the event Contractor seeks a court order to 3292 stay or enjoin the disclosure of the Records, Contractor agrees to indemnify, defend, and hold harmless the 3293 City, its Council, elected and appointed board or commission members, officers, employees, volunteers, and 3294 agents (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, 3295 demand, action, proceeding, or suit in law or equity of any and every kind and description, whether judicial, 3296 quasi-judicial, or administrative in nature, arising or resulting from or in any way connected with the subject 3297 CPRA, FOIA request, or subpoena for the Records. This indemnity obligation shall survive the expiration or 3298 termination of this Agreement. 3299
47.03 Where City has reason to believe that such records or documents may be lost or discarded 3300 in the event of the dissolution, disbandment, or termination of Contractor’s business, City may, by written 3301 request or demand of any of the above-named officers, require that custody of the records be given to City 3302 and that the records and documents be maintained in City Hall. Access to such records and documents 3303 will be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s 3304 successor-in-interest. 3305
47.04 Failure to Keep and Preserve Records. The refusal of Contractor to keep and preserve any 3306 of the records required shall be deemed a material breach of this Agreement and shall subject Contractor 3307 to all remedies, legal or equitable, which are available to City under this Agreement or otherwise. 3308 243
ARTICLE 48 Entire Agreement 3309
48.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3310 understanding between the parties, and the Agreement will not be considered modified, altered, changed, 3311 or amended in any respect unless in writing and signed by the parties. 3312 ARTICLE 49 Severability 3313
49.01 If any provision of this Agreement or the application of it to any person or situation is to any 3314 extent held invalid or unenforceable, the remainder of this Agreement and the application of such 3315 provisions to persons or situations other than those as to which it is held invalid or unenforceable, will not 3316 be affected, will continue in full force and effect, and will be enforced to the fullest extent permitted by law. 3317 ARTICLE 50 Right to Require Performance 3318
50.01 The failure of City at any time to require performance by Contractor of any provision of this 3319 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3320 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of 3321 such provision or as a waiver of any provision itself. 3322 ARTICLE 51 All Prior Agreements Superseded 3323
51.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3324 conversations, agreements, and understandings applicable to the matters contained in this Agreement, 3325 and the parties agree that there are no commitments, agreements, or understandings concerning the 3326 subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no 3327 deviation from the terms of this Agreement will be predicated upon any prior representations or 3328 agreements, whether oral or written. 3329
ARTICLE 52 Headings 3330
52.01 Headings in this document are for convenience of reference only and are not to be 3331 considered in any interpretation of this Agreement. 3332 ARTICLE 53 Exhibits 3333
53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3334 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3335 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3336 ARTICLE 54 Attorney’s Fees 3337
54.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will 3338 be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ 3339 244
fees, incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement 3340 or the enforcement of any of the terms, conditions, or provisions of this Agreement. 3341 ARTICLE 55 Commencement Date 3342
55.01 This Agreement will become effective when it is properly executed by City and Contractor, 3343 and Contractor will commence Solid Waste Collection under this Agreement as of July 1, 2025. 3344 3345
IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective date(s) 3346 below each signature. 3347
CITY OF HERCULES CONTRACTOR 3348
A General Law City 3349
By: ________________________ By: ________________________ 3350 3351
3352
Title: _______________________ By: _____________________________ 3353 President 3354
3355
ATTEST: ____________________ By: __________________________ 3356 City Clerk 3357
APPROVED AS TO FORM 3358
City Attorney _____________________________ 3359
Secretary 3360
By: _________________________ 3361
3362
245
2025 City 7/1/2025 2025 7/1/2025
Goodwill Bulky Item Waste Combined *Rate Stab Combined
Discount Rate Program Maximum Rate Fund Monthly Total
20-gallon 2.62 1.40 38.05 -2.04 36.01
35-gallon -0.50 2.62 2.08 39.48 -2.12 37.36
35-gallon Sr. -0.45 2.62 2.03 37.48 -2.12 35.36
65-gallon 2.62 3.79 67.27 67.27
95-gallon 2.62 5.60 94.78 94.78
* Estimated rate stabilization fund of $243K offset rates over 18 months.
Bin
Size 1 2 3 4 5
1 Yard 327.10 559.45 792.02 1,024.39 1,256.95
2 Yard 522.91 937.10 1,351.24 1,765.41 2,179.37
3 Yard 703.40 1,285.43 1,866.92 2,448.41 3,029.93
4 Yard 875.78 1,618.33 2,360.68 3,103.03 3,845.31
5 Yard 1,043.81 1,943.89 2,843.73 3,743.81 4,643.67 6 Yard 1,209.46 2,265.70 3,322.43 4,378.91 5,435.63 7 Yard 1,373.55 2,586.67 3,800.02 5,013.14 6,226.25 7/1/2025 Commercial Collection Service Rates
Times per Week
CITY OF HERCULES
RESIDENTIAL RATES
EFFECTIVE JULY 1, 2025
246
15-Year Term
Rate Per Haul
MSW, Miscellaneous Trash, C&D, Green Waste, Wood, Dirt, Concrete, Cardboard, Metal 2025
Box Size Total Rate
10 Yard 644.83
14 Yard 715.40
20 Yard 759.20
30 Yard 821.25
40 Yard 907.63
Additional
Pickup
Size
1 yd $116.78
2 yd $183.98
3 yd $247.54
4 yd $309.15
5 yd $369.73
6 yd $429.77
7 yd $489.42
35 gal $14.31
65 gal $28.62
95 gal $42.94
RATE
$42.79
$11.30
$11.23
$81.78
$37.09
$116.78
$14.31
Overage Fee - Per Yard $116.78
$348.45
$128.49
$49.77
$38.03
Same as pull rate
CITY OF HERCULES
RATE
Carryout Fee
Box Wash
Bin Wash (1-7 yd)
Cart Wash
7/1/2025 INDUSTRIAL ROLL-OFF SERVICE RATES
Plus disposal rate (per ton)
Lock Replacement
Dry Run (Industrial Box)
SPECIAL SERVICES/ANCILLARY
CHARGES
Contamination - Per Cart
Overage Fee - Per Cart
Contamination - Per Yard
Cart Replacement
Additional Cart - Recy/Organic
Service
Return Trip
247
3366
This page was deliberately left blank.
248
3367
3368 This page was deliberately left blank.
249
Exhibit 2 3369
List of City Cans 3370
3371
City Cans. 3372
3373
Park Square Stone Cans
Round
Stone
Mesh
Cans
Steel
Cans Double Cans
Refugio Valley Park 15 13
Tennis Park 4
Ohlone Park 6
Hanna Ranch 6 3 2
Beachnut Park 1
Woodfeild Park 4
Railroad Park 2
Duck Pond Park 2 5
Frog Pad Park 2
Tushima Park 4
Victoria Park 2 6 1
Foxboro Park 12 2
Swim Center 3 1
Library 1 1
Heritage Garden 2
Park And Ride 6
BayFront BLVD 4
Refugio Valley Road 10
Total 62 4 20 27 7
120 3374
3375
3376
250
Exhibit 3 3377
Collection Container Specifications 3378
Cart Specifications.
All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post-consumer recycled material content and come with a ten (10) year warranty against defects.
Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed.
Contractor must provide Carts having an approximate volume of 20, 32, 64, and 96 gallons. Actual cart volume may vary by +/- 10% depending on manufacturer.
Carts must include wheels and handles that accommodate ease of movement by able- bodied persons, have heavy duty wheels, have attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds.
Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids should be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open.
Carts must be capable of bein g lifted into the Collection Vehicl e without damage or distortion under normal usage.
Carts must be hot-stamped, embossed, or labeled/decaled with the company name, a unique identification number (i.e., a serial number for carts), weight limit, images of the type of materials to be Collected, and a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City. All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the Term to maintain a near new appearance. Decals/labels showing types of materials Collected in each Cart must be replaced annually.
Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/ = Garbage, green = yard waste/mixed Organic Waste, green= Food Waste or other color standards as determined by CalRecycle prior to the start of this Agreement) by the year 2036; in the intervening years, brown Garbage carts may remain in use.
251
Bin Specifications.
Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition, and without rust or dents.
Wheels, forklift slots, and other appurtenances which are designed for movement, loading, or unloading of the Container, must be maintained in good repair.
Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4 cubic yards.
Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use.
Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, as well as a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City, and each Bin must include a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.” Bins must be labeled in English and Spanish.
Bid lids must be constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the Maximum Service Rate set forth in Exhibit 1.
Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage.
Bin lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/ = Garbage, green = yard waste/mixed Organic Waste Food Waste or other color standards as determined by CalRecycle prior to the start of this Agreement) by January 1, 2037.
Roll-off Container Specifications.
Roll-off Container specifications shall be the same as Bin specifications. Roll-off Containers shall be provided in sizes 10, 20, 30, and 40 cubic yards. Compactors shall be available in sizes 10, 20, 35, and 40 cubic yards. Contractor is obligated to provide covers for Roll-Off Containers upon Customer request.
Containers End of Life
Collection Containers must be recycled at the end of their useful life. 252
Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within the City and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax purposes.
3379
253
Exhibit 4 3380
RESERVED 3381
3382
254
Exhibit 5 3383
Administrative Charges and Penalties 3384
All dollar figures stated below shall increase annually by the CPI Adjustment Calculation in Section 3385
6.03.1. 3386
Item Amount if Not Cured
in 30 Days
If Cured in 30
Days
a. Failure to respond to each complaint within three (3) Work Days of receipt of complaint. $100 per incident per Service Recipient. b. Failure to maintain call center hours as required by this Agreement. $100 per day. -0-
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $100 per day. -0- d. Failure to include all parts of quarterly and annual reports specified in Sections 22.02 and 22.05 in the submitted
report
$100 per day. -0-
e. Failure to submit to City all payments by the deadlines required under the provisions of this Agreement.
1% of the total amount due if fees are 1
– 10 days late; and 10% of the total
amount due if fees are more than 10
days late.
f. Failure for Collection Container to be compliant with specifications of Exhibit 4.
$50.00/each Collection
Container not
compliant.
-0-
g. Failure for Collection Container to be compliant with SB 1383 labeling requirements.
$50.00/each Collection
Container not
compliant.
-0-
h. Failure to display Contractor’s name and on Collection Vehicles.
$100 per incident per
day. -0-
i. Failure to Collect a missed collection Container by close of the next Work Day upon notice to Contractor, that
exceeds twenty (20) in any Calendar Year.
$1,000 per Calendar
year, plus $10 per
incident per day.
-0-
j. Failure to repair or replace damaged Containers within the time required by this Agreement, that exceeds twenty (20) in any Calendar year.
$1,000 per Calendar year, plus $10 per
incident per day.
k. Failure to maintain collection hours as required by this Agreement. $100 per day. -0-
255
Item Amount if Not Cured
in 30 Days
If Cured in 30
Days
l. Failure to have Contractor personnel in Contractor-
provided uniforms.
$25 per day per
employee. -0-
m
.
Failure of Contractor to follow Recyclable Materials and Organic Waste Contamination and Overage procedures
as set forth under Section 5.07.
$100/day for failure to
implement correction
plan.
Submit for
approval to
City and
implement
plan of
correction to
City within 30
days.
n. Failure of Contractor to provide proof of performance bond as required by this Agreement Agreement Default $500 per day o. Failure of Contractor to provide proof of insurance as required by this Agreement Agreement Default $500 per day p. Failure to Collect holiday trees on Collection Days. $25 per day. -0- q. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day -0-
r. Failure to initially respond to a Service Recipient
complaint within one (1) business day.
$50.00 per failure to
resolve customer
complaint or request
-0-
s. Failure to Perform Public Education and Outreach Tasks $100 per incident per day. -0-
3387
3388
3389
256
Exhibit 6
Customer Service Plan- Hercules
1. Overview
When fielding a customer request, CSRs immediately access the customer’s account information in Republic’s customer management system, InfoPro. Republic owns the InfoPro application and continues to invest in it. When a new technology must be integrated, Republic’s IT team makes the necessary modifications. CSRs can access all pertinent customer information through InfoPro, including service address, pick-up day, rate, service level, and a complete history of service requests and resolutions. ▪
After determining the customer need, the CSR inputs all required information into the customer’s permanent file history and, if necessary, generate an on-line automated work order. ▪
If the inquiry is simply for information or clarification about Republic programs, the CSR will answer the question and close the file.
▪
If the request requires action on the part of Republic, a work order will be generated for the appropriate department to address, end the telephone call, and produce an online work order in InfoPro, that must be closed out within two (2) days.
When customers contact Republic through the My Resource web portal or mobile application, the process is automated, and information is immediately and directly sent to the proper department for prompt handling.
Each time a customer contacts Republic, inquiries and concerns are entered into InfoPro, including date, time, customer name, address, and the nature, date and manner of the resolution is also logged and sent to Drivers and Supervisors. Dispatch monitors all work orders requiring driver action. Upon receipt of a work order requiring same-day completion, a special alert is generated, and the appropriate driver is instructed as to what is needed to complete the order. In addition, each driver verbally contacts dispatch prior to completion of their assigned route to ensure all outstanding requests are fulfilled prior to returning to the operations facility.
Republic Route Supervisors spend the majority of their time working in their assigned area(s), which enables them to meet drivers at the customer location to ensure quick, permanent resolution. Drivers document completion of all same-day service orders in the system.
Common customer requests and concerns are tracked and reported by Republic business unit company- wide, which has resulted in an exceedingly high level of customer service.
2. Service Recipient Billing
· Residential customers are billed quarterly, while Commercial and Industrial customers are billed monthly.
· The initial step for the CSR is to confirm the customer's name, service address, and reason for inquiry. After listening to and stating the reason(s) for the customer call, the CSR can assist in addressing and resolving their needs. Common billing inquiries may include but are not limited to, requests for
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cart/container size increase or decrease, service day increase or decrease changes, customer new starts, or stopping service.
· When and if billing disputes arise, CSRs are trained to actively listen and understand the customer concern, review the invoice, and investigate and gather supporting relevant information to successfully resolve the customer's concern.
• In the spirit of a one-call resolution, the customer's concern is typically resolved at that time. If a situation requires escalation to the Customer Service Manager, they will immediately and professionally attempt to resolve the issue to the customer's satisfaction.
3. Technology Network
Our phone systems are modern and sufficient to handle all calls from the City of Hercules customers. As the incumbent, our existing website will be updated to include all changes selected by the city.
4. Staffing Levels
There are approximately 7,152 service accounts in the City of Hercules service area. Our highly trained, engaged, and dedicated CSR team ensures an excellent customer experience with limited average wait time of only .19 second speed of telephone call answer (ASA)--below the national industry standard and exemplifying our commitment to exceed customer expectations.
5. Payment Programs
Modern day customer service is about customer options and simple solutions. Newer generations expect web-based and mobile app-based abilities to self-serve simple needs at any time of the day or night.
Certainly, more complex topics may still require person-to-person interaction, but a vast majority of customer service contacts in this industry are topics that can be self-served. For this reason, Republic Services has invested to create state-of-the-website and mobile app. Our customers now can reach us 24/7 via our website, www.republicservices.com/municipality/wccc-ca.com, or via our Republic Services mobile app. Our self-service options are designed to improve overall response time, enabling resolutions to simple customer inquiries and needs anytime, anywhere with the least amount of customer inconvenience as possible. Through our website and mobile app customers can:
▪ Pay their bill
▪ Schedule an extra pick up
▪ Discover new services
▪ Receive weather and holiday service updates
▪ Sign up for autopay and paperless billing
▪ Submit inquiries or complaints
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▪ “Track My Truck” where customers can see where a truck is currently located on route. ▪ Service alerts to notify residents or businesses of changes or delays. Alerts such as blocked containers will provide a notification with a photo uploaded to the app.
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Exhibit 7
Collection Service Operations Plan
Republic Services’ continued growth and extensive experience in Collection programs and Diversion have situated the company in a position to ensure that necessary resources will be available during the transition period and contract term.
1. Vehicles
Collection Vehicles
Industrial
Truck # TYPE YEAR EsƟmated
Useful Life FUEL Make/Model Size Axles GVWR Turning
Radius
Decibels
Maximum
Load
Capacity
3425 Roll-Off 2020 8 Renewable PETERBILT N/A 3 55000 42' at 90 deg 85-95 db 10.5 Tons 3426 Roll-Off 2020 9 Renewable PETERBILT 3 55000 42' at 90 deg 85-95 db 10.5 tons 3427 Roll-Off 2020 9 Renewable PETERBILT N/A 3 55000 42' at 90 deg 85-95 db 10.5 Tons 3428 Roll-Off 2019 9 Renewable PETERBILT N/A 3 55000 42' at 90 deg 85-95 db 10 .5Tons 3429 Roll-Off 2020 9 Renewable PETERBILT N/A 3 55000 42' at 90 deg 85-95 db 10 .5Tons 3430 Roll-Off 2020 9 Renewable PETERBILT 3 55000 42’ at 90 deg 85=95 db 10.5 Tons 3431 Roll -Off 2021 9 Renewable PETERBILT 3 55000 42’ at 90 deg 85-95 db 10.5 tons 3432 Roll-Off 2021 10 Renewable PETERBILT 3 55000 42’ at 90 deg 85-95 db 10.5 tons 3433 Roll-Off 2022 10 Renewable PETERBILT 3 55000 42’ at 90 deg 85-95 db 10.5 tons Commercial
TRUCK TYPE YEAR EsƟmated
Useful Life FUEL Make/Model Size Axles GVWR Turning
Radius
Decibels
Maximum
Load
Capacity
1217 FL 2018 6 Renewable PETERBILT 40 CY 4 55000 42’ at 90 deg 85-95 db 11 tons 1218 FL 2017 5 Renewable PETERBILT 40 CY 4 55000 42’ at 90 deg 85=95db 11 tons 1219 FL 2018 6 Renewable PETERBILT 40CY 4 55000 42’ at 90 deg 85-95 db 11 tons 1220 FL 2018 6 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg 85-95 db 11 Tons 1221 FL 2018 6 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg 85-95 db 11 Tons 1221 FL 2020 8 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg 85-95 db 11 Tons 1222 FL 2020 8 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg 85-95 db 11 Tons 1223 FL 2022 10 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg 85-95 db 11 Tons 1224 FL 2019 7 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg 85-95 db 11 Tons 1227 FL 2024 10 Renewable PETERBILT 40 CY 4 55000 42' at 90 deg 85-95 db 11 Tons 1228 FL 2024 10 Renewable PETERBILT 40CY 4 55000 42’ at 90 deg 85-95 db 11 tons ResidenƟal
TRUCK TYPE YEAR EsƟmated
Useful Life FUEL Make/Model Size Axles GVWR Turning
Radius
Decibels
Maximum
Load
Capacity
2169 ASL 2015 2 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 tons 2171 ASL 2015 2 Renewable PETERBILT 31Cy 4 57500 42' at 90 deg 85-95 db 11 tons 2172 ASL 2015 2 Renewable PETERBILT 31CY 4 57500 42' at 90 deg 85-95 db 11 tons 2173 ASL 2018 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2174 ASL 2019 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2175 ASL 2019 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2176 ASL 2019 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2177 ASL 2019 4 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2185 ASL 2020 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2186 ASL 2020 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2187 ASL 2020 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2188 ASL 2020 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2189 ASL 2019 5 Renewable PETERBILT 31CY 4 57000 42' at 90 deg 85-95 db 11 tons 2190 ASL 2020 8 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2191 ASL 2020 8 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons
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2192 ASL 2020 8 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2193 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2194 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2195 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2196 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2197 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2198 ASL 2021 9 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2199 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2400 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2326 REL 2006 2 Renewable PETERBILT 28CY 3 55000 42’ at 90 deg 85-95 db 9 tons 2330 REL 2007 3 Renewable PETERBILT 28CY 3 55000 42’ at 90 deg 85-95 db 9 tons 2331 REL 2007 3 Renewable PETERBILT 28CY 3 55000 42’ at 90 deg 85-95 db 9 tons 2336 REL 2012 2 Renewable ford 8CY 2 NA 85-95 db 6 tons 2440 ASL 2023 11 Renewable PETERBILT 31CY 4 57500 42’ at 90 deg 85-95 db 11 tons 2401 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2402 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2403 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2404 ASL 2023 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2405 ASL 2024 11 Renewable PETERBILT 31 CY 4 57500 42’ at 90 deg 85-95 db 11 tons 2406 ASL 2024 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 Tons 2407 ASL 2024 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 tons 2408 ASL 2024 11 Renewable PETERBILT 31 CY 4 57500 42' at 90 deg 85-95 db 11 tons 2409 ASL 2024 11 Renewable PETERBILT 31CY 4 57500 42' at 90 deg 85-95 db 11 tons 2410 ASL 2024 11 Renewable PETERBILT 31CY 4 57500 42' at 90 deg 85-95 db 11 tons 2411 ASL 2024 11 Renewable PETERBILT 31CY 4 57500 42' at 90 deg 85-95 db 11 tons 2337 REL 2012 2 Renewable Izuzu 8 CY 2 29000 NA 85-95 db 6 tons 2338 REL 2015 5 Renewable Izuzu 8 CY 2 29000 NA 85-95 db 6 tons 2346 REL 2018 6 Renewable PETERBILT 28 CY 3 51500 42' at 90 deg 85-95 db 8 Tons 2347 REL 2021 9 Renewable PETERBILT 28 CY 3 51500 42' at 90 deg 85-95 db 8 Tons 2348 REL 2024 12 Renewable PETERBILT 28 CY 4 55000 46.5 deg. 85-95 db 9 tons 2349 REL 2024 12 Renewable PETERBILT 28 CY 4 55000 46.5 deg. 85-95 db 9 Tons 2350 REL 2024 12 Renewable PETERBILT 28 CY 4 55000 46.5 deg. 85-95 db 9 Tons 2351 REL 2024 12 Renewable PETERBILT 28 CY 4 55000 46.5 deg. 85-95 db 9 Tons 2352 REL 2024 12 Renewable Izuzu 8 CY 2 29000 na 85-95 db 6 tons a) Vehicle Specifications:
The requested vehicle specifications are identified below.
Fuel
Type Size # of
Axles GVWR Capacity # of Collection
Compartments
Side Loader Bio
Fuel 31 4 57,500 10 1
Front Loader Bio
Fuel 40 4 55,000 10 1
Scout Truck Bio
Fuel 8 2 10,800 2 1
Flat Bed Bio
Fuel 12 ft 2 10,600 n/a 1
Rear Loader Bio
Fuel 28 3 54,500 8 1
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b) Reduction of Air Emissions and Wear & Tear on City Streets All collection vehicles are in compliance with CARB’s low carbon alternative fuel regulations Consistently well-maintained collection vehicles greatly cut emissions (and noise), and optimized routes reduce vehicle miles traveled and street wear and tear. Republic has partnered with its equipment manufacturers to design vehicles that have increased carrying capacity, which minimizes trips to the transfer station, reducing vehicle miles traveled. c) Vehicle Technology: With Republic’s RISE application, Republic driver and truck locations are reported at regular time and distance intervals, providing the operations team with the whereabouts and situational awareness of the fleet and all routes during the day. Additionally, Republic utilizes geo-fencing capabilities, to set geographic boundaries for routes, which trigger alerts when vehicles cross a defined geo-fence border. This assists operation team members in determining whether drivers are on pace for on-time route completion, or whether additional support must be dispatched due to unforeseen circumstances. d) Vehicle Maintenance Program: Republic’s fleet of vehicles undergoes the most extensive preventive maintenance procedures in the industry, which leads to a safer, more efficient, and environmentally sound collection process. Company vehicles undergo rigorous preventive maintenance procedures and comprehensive pre- and post-trip inspections which exceed industry standards to ensure the highest level of performance and safety while on route and minimal downtime.
e) Vehicle Maintenance Schedule: Republic’s reporting system for tracking vehicle maintenance, vehicle performance, and adherence to company policies relative to such is called Dossier, which enables Republic to produce weekly reports that are used by the Fleet Maintenance Manager to monitor performance and take appropriate action steps when necessary to enforce compliance with Company policy and procedure. Some of the maintenance-related reports the Dossier system produces, and which are also covered in weekly maintenance and operations meetings are:
▪ Maintenance Cost per Vehicle Report (with high-cost trucks noted) ▪ Road Call Report
▪ Towing Report
▪ Drive Compliance and Error Report
▪ Mechanic Productivity Report
▪ Fuel and Meter Report
▪ System Code Spreadsheet Report
▪ Preventive Maintenance (PM) Report (with overdue PM sub-report)
2. Containers
a. Sufficiency of Capacity: We have a durable process in place to ensure the availability of collection containers that are SB 1383 compliant for our customers.
Container Dimensions
Container Height Width Depth
20 Gallon Cart 36.2” 19.8” 26.0”
32 Gallon Cart 36.5” 19.8” 26.3”
64 Gallon Cart 41.5” 24.5” 27.5”
96 Gallon Cart 43.2” 28.0” 32.1”
1 Cubic Yard Bin 41.0” 72.0” 24.0”
2 Cubic Yard Bin 41.5” 72.0” 34.5”
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3 Cubic Yard Bin 50.5” 72.0” 41.5”
4 Cubic Yard Bin 57.0” 72.0” 50.5”
6 Cubic Yard Bin 57.0” 72.0” 80.0”
7 Cubic Yard Bin 57.0” 72.0” 81.0”
b. Bin Enclosures and Limited Space: During the assessment, we will identify bin locations and access paths that allow for safe, convenient service. Right-sizing service levels can increase waste diversion, improve collection productivity, and lead to reduced costs for customers. d. Container Appearance: Republic takes pride in the appearance of its equipment. The condition of all containers is audited annually, on a rolling basis, and scheduled for replacement as needed. Containers that require repairs or maintenance will be delivered to Republic’s local container repair facility in Richmond. e. Container Durability: The containers listed above are suitable for all customers.
In the event of a customer’s space limitations, we can provide and have demonstrated the ability to offer optional services to meet the customer’s needs. 1) Automated Carts: A weekly Bundled SFD Solid Waste Collection Service system with one (1) 20,32,65,95-Gallon Black Garbage Cart, one (1) 65-Gallon Blue Recyclable Materials Cart, and one (1) 65-Gallon Green Organic Waste Cart as part of the base SFD Solid Waste Collection Service.
2) Commercial Bins: Republic Services will assist commercial and multi-family customers in achieving compliance with existing and new regulations through personalized outreach and recycling technical assistance to optimize recycling and organic service levels. This includes the continued implementation of a properly signed and colored three-container system. Please refer to the Education and Outreach section for information pertaining to education and outreach efforts, both during transition, and ongoing.
As the incumbent, Republic Services will continue to offer solid waste, recycling, and organic collection services with a variety of collection container sizes and service frequencies to meet single-family, multi-family and commercial community needs, up to six days per week. Collections will be conducted in the following container sizes: 32-, 64 and 96-gallon carts; 1- to 7- yard front load bins; 1–2-yard rear load bins: for recyclable materials, MSW, and green/food waste organics.
Being the incumbent in Hercules we have already implemented SB 1383 compliant programs which make our evaluation process immensely easier to accommodate each property with the proper size containers and ensure that each customer maximizes the City’s participation goals.
3. Route Operations: Successful collection operations begin with a skillful operations supervisor who knows the business as well as your community. Your Republic Services local operations manager is responsible for the day-to-day collection operations, including development and evaluation of routing (in conjunction with the general manager), training and oversight of drivers, and implementation and enforcement of safety procedures. a) Advantages to Collection Vehicles Chosen: All collection vehicles are in compliance with CARB’s low carbon alternative fuel regulations (see appendix). Consistently well-maintained collection vehicles greatly cut emissions (and noise), and optimized routes reduce vehicle miles traveled and street wear and tear. Republic has partnered with its equipment manufacturers to design vehicles that have increased carrying capacity, which minimizes trips to the transfer station, reducing vehicle miles traveled. b) Driver Responsibilities: To ensure extreme reliability and a consistently high level of customer service, Republic Services has a quality control program called Driver Service Management (DSM). DSM includes an extensive
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driver-lead reporting process, accompanied by regular auditing, that is focused on safeguarding against procedural failures. DSM standards guarantee that all driver issues will be addressed and completely resolved by supervisors or management within seven days of discovery.
c) Anticipated Driver Productivity: During collection activities, drivers are instructed to make notes on their RISE tablets throughout the day. The objective of the post-route briefing is to collect all valuable route information from each driver to ensure operations will receive issues such as poorly sequenced routes; sales will receive items such as commercial overage issues; safety will receive information pertaining low hanging wires or dangerous dumpster locations; and maintenance will be forwarded issues such as repair and replacement needs.
Hercules
Truck
Type Service Line
Commodities Serviced
# of
Vehicles
# of
Routes
Containers/
Hour
Route
Hours Route
Customer
Passes
Crew
Members/
Vehicle
RO Industrial MSW/Recyclable/OW 0.5 1 0.8 10 9 1-3 1
FEL Commercial MSW 1 1 13.5 10 9 1-3 1
FEL Commercial Recyclable Materials 1 1 13.5 10 9 1-3 1 ASL Residential MSW 1.5 1 106 10 9 1 1
ASL Residential Recyclable Materials 1.5 1 106 10 9 1 1 ASL Residential Organic Waste 1.5 1 106 10 9 1 1
REL Residential MSW 0.5 1 70 10 9 1 2
Flatbed Residential Other 0.5 0.5 10 10 9 1 1
Flatbed Commercial Other 0.5 0.5 10 10 9 1 1
d) Operational Communications: Successful collection operations begin with a skillful operations supervisor who knows the business as well as your community. Your Republic Services local operations manager is responsible for the day-to-day collection operations, including development and evaluation of routing (in conjunction with the general manager), training and oversight of drivers, and implementation and enforcement of safety procedures. We ensure our operations supervisors are not overloaded, nor tied to a desk. On average, we maintain a 15:1 ratio of routes to supervisors, which means that items needing attention are dealt with immediately and that the supervisor knows your community intimately. In addition, our supervisors are out on the routes regularly. At least twice per week, they conduct a ride-along with drivers on their routes. This creates great opportunities for driver mentoring, ensures quality control on the route, and keeps the supervisor directly aware and familiar with the nuances of the route and the community. Few, if any other companies in the industry, dedicate their operations staff to succeed in this manner. e) Driver Contamination Monitoring:
For recycling and organic waste setouts, Republic drivers perform a periodic visual contamination check of the cart contents.
▪ If contamination is visible, the cart will be tagged with a “Corrective Action Notice,” informing the customer why they received the notice and how to properly sort materials in the future. Subsequent infractions or ongoing
unacceptable levels of contamination will also be noticed, and a fee may be assessed. A picture is taken with the RISE tablet and uploaded to the customer’s account. ▪ As with all Corrective Action Notices and other route events and incidents, this information will be logged into Republic’s customer database and routinely shared with the city. f.) Annual Service Level and Billing Audit Approach
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Audit Plan: To additionally mitigate any impacts to our ability to provide reliable service, Republic’s customer management software application, InfoPro, automatically generates a number of reports that are routinely reviewed by Republic managers, most on a daily basis.
These include:
Production Reports
This module includes:
▪ Route Analysis
▪ Route Downtime Analysis
▪ Customer Service History
▪ Daily Operating Summary
▪ Daily Fuel Report
▪ Daily Disposal Report
▪ Disposal Exception Report
▪ Daily Truck / Employee Replacement Report
▪ Customer Service Report
▪ Blocked / No Service Report
These reports are used in the daily activities of the division in order to monitor productivity and effectiveness.
1) Route Maps: The RISE platform was built for Republic Service employees by Republic Service employees. The RISE platform consists of three components:
2) ▪ RISE Portal
3) ▪ RISE Map
4) RISE Tablet
The heart of the platform is the RISE Portal and the RISE Map, the portal and map feature an intuitive structure that allows users to easily assign routes, view maps, and quickly identify assets and facilities.
The RISE Map: quickly allows new or substitute drivers to visually understand the assigned work through the visual representation of the proximity between customers and disposal sites. This benefit helps eliminate unproductive time and total miles traveled, limiting impacts on the city roads and emissions.
RISE tablet: Republic Services rolled out RISE tablets to our industrial drivers starting in 2020 and to our commercial drivers in 2021/2022. The RISE tablets provide our drivers with an electronic route sheet with turn-by-turn directions to ensure the most efficient route. The navigation software uses real-time traffic conditions to avoid delays and incorporate safety mechanisms that record the truck's height, weight, and length to ensure overpasses and bridges can support our vehicles
1) At least once annually, beginning in 2025, Contractor or its approved designee shall conduct a Route Review for each Hauler Route. The number of Containers to review per Hauler Route shall be calculated on the basis of the number of Garbage accounts provided service by a specific Hauler Route for one week. For example, “Route A” collects Garbage from 250 accounts, 4 days per week, for a total of 1,000 accounts per week; include a minimum of 25 accounts for Route Review of “Route A”. For each Route Review of a Hauler Route, Contractor shall inspect at least the following minimum number of Containers but may inspect more if Contractor deems necessary; and shall inspect all Containers placed for Collection (including Recyclable Materials Containers, Organic Waste Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and observing the contents but shall not require Contractor to disturb the contents or open any bags. Contractor may select the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to
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annually inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its next regularly scheduled report to City. 2) Route Audit Team Training: As the incumbent we already perform annual route audits on all collection routes where we sample an appropriate number of collection containers.
These annual route audits are supplemented by our sustainability advisors performing more exhaustive audits of our commercial and industrial containers.
4. Safety
a. Staffing Safety Requirements: Republic Services has an industry leading safety record that has been 38% better than the industry average for the past ten years, based on OSHA data.
In addition, we have been recipients of 72% of the industry’s Driver and Operator of the Year awards since 2009.
b. Republic Services maintains strict compliance with all applicable DOT (includes physical, drug, and alcohol testing), OSHA, federal, state and local safety requirements while performing all work-related functions.
c. We recognize that a safe workforce is not simply a discussion with a new hire, but a dedicated plan to review, educate and verify employee practices constantly. . d. Two of Republic Services’ ambitious sustainability goals are tied to specific safety metrics.
These include reducing our Occupational Safety and Health Administration Total Recordable Incident Rate to 2.0 or less and
1) Training: Republic Services has the lowest occurrence of incidents and crashes in the industry due to our company-wide emphasis on safety, extensive employee training and ongoing educational development programs. Republic Services requires all operations personnel to participate in extensive classroom training and testing, as well as on-road auditing and policy reinforcement.
2) Personal Protective Equipment: Republic Services is committed to providing the safest collection and disposal processes possible. We recognize that effective management of worker safety and health protection is a decisive factor in reducing the extent, severity, and cost of work-related injuries and illnesses. Eye, face, head, hand, and high visibility PPE is required to be worn when applicable.
5. Reporting
a. Detailed monitoring and reporting:
Republic Services as the responsible agent to fulfill several of its responsibilities under AB 341, AB 939, AB 1594, and SB 1383. However, Hercules cannot delegate its authority to Republic Services for the imposing of civil penalties to non-compliant generators. b. Method Used to Track Tonnage: It is required that all collection vehicles are weighed daily after collection at each of the designated post-collection facilities. All truck weights are captured, reported, and maintained through our PC Scales software. c. Process for Reporting Complaints: We track all service recipient complaints through our InfoPro system and record notes within the customer’s account. Should there be any disputes we will provide the full-service log to the Cities as required by the RFP. Please refer to our Customer Service Plan for a detailed process on the protocols for all customer service interactions.
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Exhibit 8 3406
Processing and Disposal Facilities 3407
Dictated by the terms of the West Contra Costa County Integrated Waste Management Authority Post-3408 Collection Agreement. 3409
For the purposes of this Agreement, it is assumed that all processing and disposal facilities are 3410 those currently used by the City as per the terms of the West Contra Costa County Integrated Waste 3411 Management Authority Post-Collection Agreement. These facilities may change in accordance with 3412 Section 30.01.A. 3413
West County Resource Recovery – Recycling Center 3414
▪ Address: 101 Pittsburg Ave. Richmond, CA 948013415
▪ Owner/ Operator: Republic Services3416
▪ Permit Status: Current**3417
▪ Permitted Capacity: 1,200 tons per day3418
Republic Services has equipped the West County Resource Recovery Center with cutting-edge sorting 3419 technology, capable of processing over 200 tons of residential, commercial, and industrial recycling daily. 3420 This innovation helps meet the growing demand for recycling and empowers our customers to achieve 3421 their sustainability goals. WCRR also provides CRV recycling buyback, mattress recycling for member 3422 agency cities of the West County JPA, and Household Hazardous Waste (HHW) drop-off for all residents 3423 of West Contra Costa County. Compost giveaway is offered once a month for West County residents. 3424 Household Hazardous Waste Facility 3425
▪ Address: 101 Pittsburg Ave. Richmond, CA 948013426
▪ Owner/ Operator: Republic Services3427
▪ Permit Status: Current** Permitted Capacity: no tons per day limit 3428 The HHW facility offers no-cost (SFD) drop offs of common household hazardous waste materials 3429 such as automotive fluids, batteries, fluorescent light bulbs, paints, stains, solvents, etc. Drop off is 3430 currently available to all West Contra Costa County residents. Additionally, mattresses, box springs, and 3431 futons may also be dropped off at the HHW facility by Richmond. 3432 Golden Bear Transfer Station 3433
▪ Address: 1 Parr Blvd, Richmond, CA3434
▪ Owner/ Operator: Republic Services3435
▪ Permit Status: Current**3436
▪ Permitted Capacity:3437
BAAQMD Tonnage: 2,000 tpd; 730,000 tpy 3438
SWFP Tonnage:1,000 tpd 7-day average; peak of 1,400 tpd. tonnage not to go over 7,000 tons per week. 3439 267
– SWFP Trips: 1,706 vehicle trips per day 3440
The Golden Bear Transfer Station processes approximately 440 tons of municipal solid waste 3441 (MSW) per day. Materials such as metals, mattresses, tires, electronics, and carpet are diverted from the 3442 MSW pile and recovered for recycling purposes. 3443
West Contra Costa Sanitary Landfill Organics Material Processing Facility 3444 ▪ Address: 1 Parr Blvd, Richmond, CA3445
▪ Owner/ Operator: Republic Services3446
▪ Permit Status: In Review**3447
▪ Permitted Capacity:3448
– SWFP Tonnage: 1,134 tons/day maximum3449
– BAAQMD Permit Tonnage: 130,000 tons across any consecutive 12-month period3450 WCCSL's 2017 CASP upgrade processes 325 tons of organics daily, achieving 50% faster 3451 composting, 25% water reduction, and 95% lower emissions compared to the old system. 3452 West Contra Costa Sanitary Construction and Demolition Recycling Facility 3453 ▪ • Address: 1 Parr Blvd, Richmond, CA3454
▪ Owner/ Operator: Republic Services3455
▪ Permit Status: In Process**3456
▪ Permitted Capacity:3457
– SWFP Tonnage: 196 tons/day or 51,000 tons/year3458
– BAAQMD Tonnage3459
⧫ Concrete: 30,000 tons across any consecutive 12-month period 3460 ⧫ Wood: 19,000 tons across any consecutive 12-month period 3461 The C&D facility accepts concrete, dirt, clean wood, and mixed C&D debris for recovery. On average, the 3462 facility processes approximately 27 tons of material per day. 3463 3464
3465
3466
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Exhibit 9
Sustainability and Compliance Plan
1. Meeting Diversion Requirements
Diversion Programs
SFD
Republic Services shall continue to offer the following collection programs to Single Family Dwellings, Multi-Family Dwellings, commercial, and industrial customers. ▪ Green Container for Commingled Organic Waste
Only food waste, yard waste, green waste, and food-soiled paper allowed in each container.
▪ Blue Container for Recyclables
Traditional recyclables, such as bottles, cans, plastics, and organic waste such as paper and cardboard
▪ Black Container for Non-Organic Waste
Items destined for a landfill that cannot be recycled or composted (including animal waste) MFD & Commercial Diversion Programs
Republic Services offers a wide range of recycling program container sizes, frequencies, and opportunities for reduced MSW collections from customers’ current service levels:
▪ Website availability of diversion requirements
Tips to becoming a better recycler.
Recycling insights and information
(PBS) Where does your recycling go?
Recycling Simplified
▪ Sustainability program leader initiative
▪ MFD service guides
▪ MFD brochures
▪ MFD toolkit
▪ Posters, guides, stickers, bin labeling – Sustainability Advisors shall provide this material during initial site visit and as needed in the future.
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▪ Waste presentations and trainings – Sustainability Advisors will provide waste trainings to staff, managers, janitors, etc. to encourage proper sorting and program participation.
Republic intends to be a fully active and committed partner to educate the customer base, enrolling them in required recycling programs, and shifting away from the voluntary mindset to comply with the law. To achieve this, it is recommended that the city establish a mandatory participation ordinance with enforceable actions to ensure joint success.
Bulky Waste Diversion Program: Should the City consider including this option.
Republic Services can provide a wide range of bulky waste diversion programs and information such as:
▪ On-call curbside household bulky items & electronic waste pickup ▪ Mattresses
▪ TVs
▪ White goods (refrigerators, washers, dryers, household appliances) We utilize two of our facilities: the Household Hazardous Waste Facility to divert mattresses, box springs, and futons and the Golden Bear Transfer Station to divert materials such as metals, white goods, mattresses, tires, electronics, and carpet.
C&D Waste Diversion Program
For construction and demolition projects, services will be performed in a manner that complies with CalGreen requirements, which currently includes a 65% minimum diversion rate stipulation at all covered projects.
2. Contamination Minimization
RSS proposed contamination program to the City of Hercules Three-Month Contamination Education Period. For the first Three-months following commencement of this Agreement, all service recipients will be provided educational materials and instructions on methods to properly source separate generated materials within the appropriate collection containers and prevent contamination for a particular Container (i.e., Recyclable Materials or Organic Waste). During this three -month contamination education period Contractor must Collect the contaminated Container (as the container’s intended commodity) and must affix to the contaminated Container a Contamination Violation Notice which contains instructions on the proper procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, email, or in person (which may be a Container tag that meets SB 1383 requirements), that any subsequent incidents of excess contamination following this two-month contamination education period, the Service Recipient may be
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charged a contamination fee for the contaminated Container, and Contractor may increase the Collection Container size, or require an additional Collection Container. Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, email, or in person (which may be a Container tag that meets SB 1383 requirements) to ensure that they have the appropriate level of service for proper Collection of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue and provide digital/visual documentation to the Service Recipient that clearly documents the Service Recipient’s on-going contamination problems. For each new service account that is created during the term of this Agreement, that service recipient will also be given a three-month contamination education period prior to the assessment of a contamination fee for the contaminated Container. The procedures for such contamination education period associated with the establishment of a new service account will follow those previously described in this section during the first three-months of this contract’s commencement.
Occurrences After the Three-Month Contamination Education Period. Upon conclusion of the three- month contamination education period of contamination for a particular Container (i.e., Recyclable Materials or Organic Waste), Contractor must Collect the contaminated Container (as the Container’s intended commodity) and must charge the Service Recipient a contamination fee. Contractor must continue providing the Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided) digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient’s on-going contamination problems and written Notices of contamination as described above. Contractor may increase the Container size or Collection frequency and impose a contamination surcharge on the account for a period of six months or until the Service Recipient has demonstrated no contamination for a period of three consecutive months. Contractor must document contamination issue and surcharge and notify City within five (5) Business Days if Contractor increases the Container size or Collection frequency for excessive contamination or imposes the contamination surcharge on the account. City will consult with Contractor and consider and pursue, as applicable, appropriate legal remedies against offending Service Recipients to secure discontinuance of the contamination.
Tracking Occurrences of Contamination. each Contamination occurrence is tracked annually per Calendar Year. Where contamination is occurring, and occurrences are consecutive and unremedied, their count shall continue across Calendar Years until remedy occurs.
Disputes Over Excess Contamination Charges. If Service Recipient disputes a contamination charge (which must be within thirty (30) days of them being assessed), Contractor will temporarily halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size, or Collection frequency, and Contractor may request a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may restore Container size or number, or Collection frequency to the prior levels. A request by Contractor to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between Contractor and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will credit the disputed contamination charges or increased
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Maximum Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size or Collection frequency and may follow the steps for collection of delinquent accounts.
3. Overage
RSS proposed Overage program to the City of Hercules
Overage and Correction Procedures. Contractor shall provide the Service Recipients the correct combination of Collection Containers and Collection frequency that matches each Service Recipient’s unique service needs to enable clean, efficient, and cost-effective Collection of Solid Waste, Recyclable Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in the Service Recipient’s Solid Waste Collection Containers negatively impacts public health and safety.
Contractor has also agreed to conduct Recycling audits and provide outreach and support to Service Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually overflow their Solid Waste Collection Containers (i.e., lid will not close, and/or material not contained within Container), Contractor may take the steps listed below to correct Service Recipient’s on-going overflow of Solid Waste.
Prior Arrangements for Collection. If the Service Recipient has made prior arrangements with Contractor for Collection of Solid Waste Overages, Contractor must Collect such Overages as arranged, and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement).
No Prior Arrangements. If the Service Recipient has not made prior arrangements with Contractor for Collection of Solid Waste Overage, (i) Contractor may Collect such Solid Waste Overage at no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a Non-Collection Notice explaining the reason for non-collection of the Solid Waste Overage, (iii) Contractor may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste Overage fee (no prior arrangement) or increase the capacity or frequency of Collection of the existing Collection Container(s) to match documented service needs as provided below. In managing Solid Waste Overages, the following apply:
SFD Service Recipients – Each Occurrence. For each occurrence Contractor will not Collect the Solid Waste Overage because the Collection Container could not be serviced by normal operating procedures or cause spillage upon servicing, Contractor must provide written notice via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient with the date, description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) request an additional Collection Container to eliminate future Overages. For each occurrence Contractor charges a Service Recipient the Solid Waste Overage fee (no prior arrangement). Contractor will document the physical condition of the Collection Container and associated Overage with one or more photographs and retain this documentation for the period of at least one year.
Commercial and MFD Service Recipients – Each Occurrence. Contractor must provide a written notice on the Container and may provide a copy of the notice via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient with the date, description, and photograph of the Solid
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Waste Overage. Contractor’s Non-Collection Notice for MFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) request an additional Collection Container to eliminate future Overage. Contractor may Collect the Solid Waste Overage and may charge the Service Recipient a Solid Waste Overage fee and increase the capacity or Collection frequency of the Collection Container to match documented service needs. At least ten (10) Business Days prior to increasing the Collection Container size or frequency of Collection, Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, email, or in person (which may be by Non-Collection Notice) to ensure that Service Recipient has the appropriate level of service. Contractor must document Overage issue and notify City within ten (10) Business Days of any changes in Service Recipient’s Collection Container size or Collection frequency. The increased capacity or Collection frequency will remain in effect until Contractor determines that it is no longer needed to prevent Overages, which may be longer than the one Calendar Year stated above. Such determination will be in Contractor’s sole but reasonable discretion and will be subject to the dispute resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending Service Recipients in order to secure discontinuance of the Overages.
Tracking Occurrences of Solid Waste Overage. after twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence.
Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste Overage charge or Container size or Collection frequency change within 30 days of the disputed action, Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size or Collection frequency, and Contractor may request a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor may restore Container size or number, or Collection frequency, to the prior levels. A request by Contractor to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s halting of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between Contractor and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste Collection Container size or Collection frequency and may follow the steps for collection of delinquent accounts.
Notifying City of Habitual Overflow. Contractor shall notify the City regarding Commercial and MFD Customers that habitually overflow their Containers, where habitual overflow is defined as three (3) or more instances per Quarter, so that the City can take appropriate action with such Customers to secure discontinuance of the Overages.
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4. Air Emission Reduction
All collection vehicles are in compliance with CARB’s low carbon alternative fuel regulations.
Consistently well-maintained collection vehicles greatly cut emissions (and noise).
5. Reducing Wear and Tear on City Streets
Optimized routes reduce vehicle miles traveled and street wear and tear. Republic has partnered with its equipment manufacturers to design vehicles that have increased carrying capacity, which minimizes trips to the transfer station, reducing vehicle miles traveled.
6. Environmental Stewardship
We use renewable fuel vehicles for all collection activities.
Recycled Products – Operations
Vehicle fluids recycling
We recycle all capturable vehicle fluids through a local vendor allowing for circularity of any necessary hydrocarbon fluids.
Maintenance core returns
Most parts used within our trucks use “cores” which can be refurbished and reused within a future remanufactured part.
Use of local parts vendors to reduce GHG emissions
In order to maintain our fleet in the most efficient manner and support the local vendor network we primarily source our parts from local vendors which has a beneficial effect of reducing GHG emissions from shipping parts over long distances.
Metal recycling
We take every opportunity to recycle metals within our maintenance processes to avoid wasteful introduction of primary metals and recover some of our cost of purchase, thereby reducing rates to service recipients.
Tire recycling, All tires that are worn to the point of being removed from service or irreparably damaged
are diverted from landfills via partnering with our tire partner.
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a. Water and Power Conservation /Waste Reduction and Reuse b. 3 stream system set up in breakrooms to capture all food waste, recycling, and trash c. ▪ Each desk area has recycling baskets
d. ▪ Recycling baskets are readily available at all printer stations around the office. e. ▪ Nearly all employees have their own reusable water bottle. f. ▪ Kitchen is stocked with re-usable cups, plates, and utensils to minimize single use waste g. ▪ E-waste (laptops, cell phones, keyboards, printer ink) is returned to IT for recycling o h. internal reuse
i. ▪ Batteries and other HHW are collected and dropped off to the HHW facility in Richmond j. ▪ Electricity is reduced after hours and weekends
k. ▪ Upgraded water system – integrated filtration system that eliminates the need for single use l. plastic water bottles and water jugs
m. Our office fosters a culture of sustainability through a comprehensive waste reduction and n. recycling program. Breakrooms boast a 3-stream system for food scraps, recyclables, and o. general trash, while personal recycling baskets sit at every desk. Printer stations are p. equipped with readily available recycling bins, and nearly all employees carry their own q. reusable water bottles, minimizing single-use plastic. The kitchen is stocked with reusable r. plates and utensils, further minimizing single-use waste. Even electronics get a second life s. through responsible e-waste recycling by the IT team. Responsible energy use extends to t. after-hours and weekends with reduced electricity consumption, and a state-of-the-art water u. filtration system eliminates the need for plastic water bottles. Additionally, the commitment to v. sustainability extends beyond waste, with electricity being conserved after hours and w. weekends, demonstrating our dedication to both environmental and economic responsibility
7. Innovative “Green Approach”
Innovative Facilities
a. Polymer Center Plastic Circularity – Polymer Center
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b. With increasing desire to address the plastic recycling challenges, Republic Services offers a unique and leading ability to enable greater plastic circularity for our municipalities. c. There is a growing gap in the North American supply chain for recovered plastics to serve Consumer Packaged Goods (CPG) manufacturers’ increasing goals as well as state legislation mandating circularity. This is driven by the inability for traditional recycling centers to generate the CPG level quality that manufacturers need, as well as the barrier that exist for a third party to aggregate enough volume to make such business economically viable. Republic Services has a solution for this challenge. d. Understanding the Market
e. Plastic packaging in North America faces a challenge to achieve circularity in recycling. For example, the likelihood of a water bottle in America becoming another water bottle is slim. This is attributed to three key factors: 1) public education, 2) lack of proper recycling opportunities, and 3) the ability of the plastic material to be properly separated and aggregated into a quality that manufacturers can accept into their production lines.
f. Public education and proper recycling opportunities are tightly coupled. Typical PET water bottles for instance, are designed for convenience, and are likely disposed of away from home in waste containers destined for a landfill. Municipalities that work on public education, as well as comprehensive placement of recycling containers throughout the municipality, create a much higher probability that plastics will make their way to a modern recycling center, rather than a landfill. g. However, once plastics arrive at a modern recycling center, the technology design at these facilities yields a bale that contains a mix of cross-contamination, which means the bale contains plastic grades that are not optimized for the increasing CPG goals and quality requirements. Currently, a majority of PET that is recovered in a modern recycling center is “downcycled” into carpet and textiles. h. Of roughly 14 million tons of North American consumer packaging plastics that are generated every year, 10M tons are landfilled, and 2M tons are incinerated. Of the 2M tons that are recovered through modern recycling programs and centers, 1.7M tons are “downcycled,” while only 0.3M tons (2%) can achieve circularity.
Covered Aerated Static Pile (CASP) System
In 2017, WCCSL transitioned from a windrow compost system to a Covered Aerated Static Pile (CASP) system. The new CASP system utilizes components directly from landfill gas collection system equipment including HDPE headers and aerators, blower systems, and state-of-the-art SCADA system temperature and moisture controls. Advantages of the CASP are up to 95% reduction in emissions when compared to the windrow system, 50% reduction in composting time, and 25% reduction in water use
The facility receives approximately 85,000 tons per year (or about 325 tons per day) of organics.
All facilities are local. Compost is donated back to the community via compost giveaways
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Exhibit 10
Education and Outreach Plan
1. Prior to Service Start Activities
Notification to all customers of the new contract
We will include language on future communications detailing any new and enhanced services.
Update Republic Services website with new agreement programs and services.
2. Implementation Programs
Schedule of Materials/Service Brochures
Republic Services will implement and distribute the following education and outreach materials currently in practice:
• Recyclability of materials brochure
• Acceptable/unacceptable organics brochure
Technical assistance site visits (at least 20 phone calls per month and 40 site visits across all commercial customers. Each customer will be visited once every five years.) \ How-to posters (distributed during site visits)
Public events and booths (on-call)
• Various outreach (on-call):
• Social Media
• HOAs
• Civic Groups
Annual service brochures mailed to all new customers.
Quarterly newsletters (value added service offering by Republic Services) City specific website (ongoing)
Community Meetings: Republic Services may schedule meetings and/or public presentations to HOAs, business and neighborhood groups, volunteer organizations, etc. to provide recycling -related information and encourage compliance with programs/mandatory collection services.
Written Notices and Outreach Material: Service guides shall be mailed to each new customer which include Republic Services’ Residential Service Guide. This service guide outlines sorting of materials for proper disposal shown through both text and images. It shall also outline the proper handli ng of universal
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and hazardous wastes, proper cart set-out procedures, weekly collection schedule, holiday schedule and additional resources for customers. Republic Services shall prepare and distribute an annual mailer promoting compost giveaways, Christmas tree collection, and other collection activities . The direct mail piece shall include the date and time of each event, regular weekly collection schedule, acceptable materials for collection and any relevant set-out instructions. Republic Services shall prepare and distribute quarterly newsletters to all customers that creatively inform residents and businesses about collection and waste reduction programs.
City, School, Facilities, and Business Community Programs: In pursuit of maximizing waste diversion within the City of Hercules, Republic Services, proposes a multifaceted approach encompassing targeted community campaigns and empowered Sustainability Advisors. Republic Services proposes the following:
• Increase diversion through targeted campaigns.
• Comprehensive service guide for commercial customers and staff • Maximize diversion and compliance via site visits, waste audits and contamination tags. • Highlight and award exemplary commercial businesses.
• Offer interior recycling.
City Staff Training: We will commit to collaborating with city staff and developing training education materials tailored to the city staff, public works facilities, and processes to achieve the highest level of diversion.
Engaging residents of MFDs: To empower the City of Hercules MFD communities to become active participants in responsible waste management, Republic Services has established a comprehensive recycling initiative built on three pillars: information, engagement, and convenience. To achieve ambitious state diversion goals, Republic Services prioritizes aggressive public education, particularly targeting MFDs. Through dedicated outreach efforts, we empower MFDs to become active participants in responsible waste management:
Engaging Spanish-speaking residents:
Translating educational materials into Spanish.
Recognizing diverse voices, Spanish presentations may be delivered by bilingual Sustainability Advisors and shall ensure inclusivity for ESL students, effectively educating and engaging a broader audience to participate in waste diversion.
3. Methods to Reduce Contamination:
Produce and distribute Multi-Family Service Guide and other collateral materials designed specifically to reach multi-family residents. These items shall describe topics such as: how to prepare and sort materials for disposal collection.
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Exhibit 11 3484
Acceptable Recyclable Materials 3485
Recyclable Materials include, but are not limited to: 3486 3487
Aluminum cans
Aerosol cans
Aseptic containers
Brochures
Cardboard
Cereal boxes
Clothes hangers (both plastic and metal)
Computer paper
Coupons
Envelopes
Frozen food boxes and trays
Glass bottles/jars
Glass cosmetic bottles
Juice and milk cartons
Junk mail
Laundry bottles
Magazines/catalogs
Mixed plastics (including rigid plastic
packaging and other food containers)
Newspaper
Paper
Paper tubes
Phone books
Pizza boxes
Plastic containers #1-#7
Plastic film and wrapping
Plastic milk jugs
Plastic bags
Polystyrene (Styrofoam)
Scrap metal
Tin cans
Tissue boxes
Wrapping paper
3488
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1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com
February 18, 2025
Christine Crowl
City Attorney
City of Hercules
submitted via email: [email protected]
SUBJECT: Solid Waste Franchise Fee Study – R3 Report
Dear Ms. Crowl,
R3 Consulting Group, Inc. (R3) is pleased to submit this report of Solid Waste Franchise Fee Study (Study) to the City of Hercules (City). This report presents our analytical methodology, results and findings, and recommendations regarding the solid waste Franchise Fee paid by the City’s contracted solid waste collection service provider, Republic Services (Contractor), per the Franchise Agreement for Residential, Multi-Family, and Commercial Discarded Materials Management Collection Services (Agreement) between the City and the Contractor.
The purpose of this Study was to comprehensively analyze and calculate the following:
City’s Costs: The annual costs to the City for performing its management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractor’s Agreement and the sanitation system.
Property Use Charges: The annual use charge to the Contractor for its special and lasting access to use government property in the public right-of-way for placement of solid waste containers and collection of the solid waste contents.
Pavement Impacts: The annualized costs for pavement repair, maintenance, and rehabilitation resulting from the unique impacts to City street pavement caused by the Contractor’s solid waste collection vehicles during the course of providing sanitation service.
We then compared the calculated values to the annual Franchise Fee paid by the Contractor to the City per the Agreement. We found that the City’s current and projected Franchise Fee revenues are less than the sum of the City’s Costs and government Property Use Charges calculated in this Study. Based on these results, we conclude that the City’s fee amount is not more than necessary to cover the City’s costs in managing and administering the Agreement and the sanitation system plus the value of the Contractor’s use of the public right-of-way.
We appreciate the opportunity to be of service to the City. If you have any questions regarding this report or need additional information, please contact me.
Sincerely,
Garth Schultz | Principal
R3 Consulting Group, Inc.
510.292.0853 | [email protected]
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TABLE OF CONTENTS
City of Hercules | Solid Waste Franchise Fee Study – R3 Report toc - i
1. Executive Summary
page 1
2. Methodology & Calculations
page 3
3. Findings & Conclusions
page 19
4. Recommendations
page 20
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1. EXECUTIVE SUMMARY
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 1 of 20 Background
The City’s Agreement with the Contractor is for the collection, processing, and disposal of solid waste from Contractor’s solid waste service subscribers in the City. The Agreement provides the Contractor with the exclusive right to provide critical aspects of the City’s sanitation system, including solid waste collection and the other services and programs included in the Agreement. The Agreement specifies that the Contractor will charge solid waste service subscribers, with the Contractor billing and collecting revenues from subscribers and the City authorizing the maximum rates that the Contractor may charge pursuant to the rate adjustment methodology included in the Agreement.
Per the Agreement, the Contractor pays the City a Franchise Fee. For the purposes of this Study, the Franchise Fee is considered to be a fee that pays the costs incurred by the City in managing, administering, enforcing, and supplementing the services provided in the Agreement, as well as the charge for the use of the public right-of-way for the special and lasting access to use it for set-out and collection of solid waste containers.
Purpose
The purpose of this Study is to identify the amounts that may be considered for recovery through the Franchise Fee paid by the Contractor to the City and that may be exempt from consideration as taxes.
The Franchise Fee is a fee with three potential components. The first component includes the City’s proportionate costs (City’s Costs). The second component includes the proportionate charges for the Contractor’s use of the public right-of-way (Property Use Charges). The third is the City’s proportionate costs associated with pavement impacts (Pavement Impacts).
Methodology and Findings
To complete this Study, R3 reviewed and analyzed information provided by the City and the Contractor pertaining to the City’s Costs, Property Use Charges, and Pavement Impacts. Using that information, we then calculated the proportionate amounts necessary to cover the City’s costs, including staffing and other costs; use of government property in the public right-of-way; and pavement repair, maintenance, and rehabilitation costs caused by the Contractor’s solid waste collection vehicles during the course of providing sanitation service. All calculated amounts in this Study are in Fiscal Year (FY) 2023-24 dollars.
City’s Costs
The annual costs for management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractor’s Agreement and the sanitation system includes: staffing salary and benefits, contracted services, capital and equipment depreciation, operations and maintenance, supplies, and overhead for distributed costs including but not limited to property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions.
Staffing costs are calculated based on estimated time allocations (based on historical experience and the assessment of current City employees) and other costs are calculated based on estimated share allocations associated with the sanitation system, with distributed overhead applied to both.
The calculation results are $295,226 in staffing costs and $126,800 in other costs, for annual proportionate City’s Costs totaling $422,026.
Property Use Charges
The annual charge to the Contractor for use of government property in the public right-of-way is calculated as a function of estimates for the number of solid waste accounts setting out solid waste collection containers in the right-of-way, the set-out area used, the amount of time it is used, and the market value for the per square foot use of the public right-of-way. 282
Executive Summary
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 2 of 20 The calculation result for the use of the public right-of-way is a proportionate annual total Property Use Charge of $432,958.
Pavement Impacts
The annualized costs for pavement repair, maintenance, and rehabilitation are calculated based on the proportionate impact to pavement from solid waste collection vehicles compared to other sources of impacts. This calculation accounts for annual repair costs, five-year projections for capital improvement costs, and five-year projections for growth in deferred maintenance. The calculation also accounts for the high loading and slow speed impacts on pavement associated with solid waste collection vehicles.
The calculation result for the proportionate Pavement Impacts caused by Contractor’s solid waste collection vehicles during the course of providing sanitation service is an annualized total repair, maintenance, and rehabilitation cost of $1,018,474.
Conclusions
Franchise Fee and Fund 291 Revenues
The FY 2022-23 Franchise Fee paid by the Contractor to the City was $407,965 and the projection for FY 2023-24 is $419,225. The Fund 291 revenues paid by Contractor to the City were $176,184. The sum of FY 2023-24 annual City’s Costs and amounts for Property Use Charges calculated in this Study is $854,984, which is $259,759 (44%) higher than the projected FY 2023-24 Franchise Fee plus Fund 291 revenue. The Franchise Fee is, therefore, not more than the sum of the City’s Costs and Property Use Charges.
Limitations
This Study relies on information provided by the City and the Contractor, which we have reviewed and analyzed for reasonableness and accuracy but did not independently audit or verify. It was necessary to estimate certain values for information that the City did not have, and for which reasonable ranges are known to exist. When it was necessary to establish estimates or assumptions for those values, R3 relied on decades of professional experience working with dozens of local government agencies in California on solid waste utility and other local government public administration matters. Because changes to estimates and other underlying assumptions could change calculations, R3’s approach to this Study was to establish reasonable estimates and assumptions such that changes to them would minimize the potential for different ultimate findings. We have reviewed estimates and assumptions with City staff and legal counsel and have mutual concurrence on applicability and reasonableness of estimated and assumed values in this Study.
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2. METHODOLOGY & CALCULATIONS
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 3 of 20 City’s Costs
Methodology
R3 reviewed and analyzed information provided by the City pertaining to the General Fund costs incurred for management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractor’s Agreement and the sanitation system.
These costs include and may not be limited to:
Staffing costs, including salaries and benefits.
Contracted services.
Capital and equipment depreciation.
Capital and equipment operations and maintenance.
Supplies and materials.
Overhead for distributed costs such as property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions.
Using the total annual salary, benefits, and other cost information provided by the City, we estimated the proportion of costs associated with management and administration of the agreement and the sanitation system. We then calculated the proportionate totals and categorized them by the functions listed in the sections below.
Variables, Estimates and Assumptions
Staffing Costs
Variables associated with salaries and benefits include the allocation of time that positions are dedicated to management and administration of the Agreement and the sanitation system (including time supervising others with primary responsibility for these duties), the amount by which funding of salaries and benefits is paid by the General Fund, and the applicable amount of General Fund overhead.
The estimated time allocation by position category used in this Study (and based on historical experience) is shown in Table 1, below and on the following page, along with the explanation for the allocation values.
Table 1: Allocations of Staffing Time by Position
Positions Time
Allocation Explanation
City Manager, City Attorney, City Clerk, Public
Works Director, M&O Superintendent, Code
Enforcement Officer
10.4%
Estimated allocation representing
proportion of staff time spent on solid
waste Agreement and sanitation
utility management and
administration. This estimated
allocation is informed by our prior
work experience in local
governments as well as our
experience conducting similar
studies for local governments in
California.
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Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 4 of 20 Positions Time
Allocation Explanation
MW II 50%
Estimated allocation based on Illegal
Dumping Response, Clean-up,
Mitigation, & Prevention.
R3 verified with City staff that the salaries and benefits included in this Study are paid by the General Fund – any non-General Fund portions of positions included in Table 1 have been excluded from the calculations. A General Fund overhead rate of 20% (for the for distributed costs such as property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions) is also applied to the total allocated costs. The 20% General Fund overhead rate used in this Study is an assumption informed by our prior work experience in local governments as well as our experience conducting similar studies for local governments in California. In our experience, when a City does calculate a General Fund overhead rate on its own, the result tends to be higher than the 20% used for the purposes of this Study (e.g., higher than 25%).
Other Costs
Variables associated with the City’s other (i.e., non-salary and benefit) costs include the proportionate allocation of those costs that are for management and administration of the Agreement and the sanitation system, the amount by which these costs are paid by the General Fund, and the applicable amount of General Fund overhead.
The estimated time allocation by cost category used in this Study is shown in Table 2, below, along with the explanation for the allocation values.
Table 2: Allocations of Other Costs by Category
Cost Category Cost
Allocation Explanation
Public Works Maintenance Crews responsible for
Street Sweeping, Catch Basin Waste Removal. 80%
Estimated allocation based on
proportion of waste generation in
City.
Consulting costs for direct management and
administration of Agreement and sanitation
system.
100%
All these costs are directly
associated with management and
administration of the Agreement
and the sanitation system.
Recovered Organic Waste Product Procurement. 100%
Purchase of compost or mulch
product for compliance with State
law.
R3 verified with City staff that the other costs included in this Study are paid by the General Fund – any non-General Fund portions of these costs as included in Table 2 have been excluded from the calculations. A General Fund overhead rate of 20% (for the for distributed costs such as property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions) is also applied to the total allocated costs.
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Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 5 of 20 Analysis
Direct Management and Administration
This category includes City staffing and consulting costs for direct management and administration of the Agreement and the sanitation system. Staffing costs include allocated costs for the City’s Public Works Director and M&O Superintendent, for a calculated $77,758 in annual staffing costs. Other costs include solid waste consulting services provided by R3, for $4,800 in annualized consulting costs for the cost of performing this Study. The total calculated cost for this category is $82,558.
Indirect Management and Administration
This category includes City staffing costs for indirect management and administration, including supervision of those responsible for direct management and administration of the Agreement and the sanitation system and associated responsibilities. Allocated costs for the City Manager, City Clerk and City Attorney are calculated for total annual costs in this category of $100,610.
CalRecycle and SB 1383 Compliance
This category would include City staff costs and other costs for various activities associated with the City’s need to implement Senate Bill 1383 (Short-Lived Climate Pollutants Act) as well as annual reporting to the State agency CalRecycle. Recovered Organic Waste Product Procurement costs of $50,000 were estimated. No costs other associated with this category were identified by the City during completion of this Study. Though no such costs were identified, that does not mean that these costs do not exist. Future updates to this Study could result in identification of such costs.
Code Enforcement
This category includes City staffing costs for enforcing the solid waste provisions of the City’s Municipal Code, which includes illegal solid waste accumulations, illegal dumping, littering, improper waste collection setouts, nuisances, and the associated investigations, warnings, notices of violation, and administration of penalties. No costs other associated with this category were identified by the City during completion of this Study. Though no such costs were identified, that does not mean that these costs do not exist. Future updates to this Study could result in identification of such costs.
Street Sweeping
When the Contractor or individual waste generators do not properly manage the collection of solid waste, that mismanaged solid waste tends to end up in the public right-of-way and on streets, where it must be removed by the City. Street sweeping captures solid waste that ends up in public streets because of improper collection. Most, if not all, of the solid waste that ends up in the streets is generated by properties that receive solid waste collection services from the Contractor.
For the purposes of this Study, we do not assume that all mismanaged solid waste that ends up on the City’s streets is generated by properties receiving solid waste services. Rather, because there is the possibility that some solid waste collected by street sweeping operations was originally generated by other sources, this Study estimates that only 80% of the solid waste collected by street sweepers was generated by properties receiving solid waste services. This assumption is consistent with other studies conducted by R3 (e.g., for the cities of Garden Grove and San Bruno) wherein street sweeping activities were allocated between 77.4% and 90% to the sanitation system. This category includes City staffing, capital equipment, and operations and maintenance costs for the City’s street sweeping operations. Costs for street sweeping were estimated by the City to be $65,000, and accounting for overhead and allocating as described above, the calculated total in this category is $62,400. 286
Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 6 of 20 Catch Basin Waste Removal
As with street sweeping, solid waste that is not properly managed by waste generators or the Contractor, and not otherwise captured by street sweeping operations, accumulates in catch basins and other trash capture devices in the City’s storm drain system. As with the street sweeping category, we do not assume that all mismanaged solid waste that ends up in catch basins or trash capture devices is generated by properties that receive solid waste services; the 80% estimate used for street sweeping costs is also applied here, and for the same reasons. This category includes City staffing, capital equipment, and operations and maintenance costs for the City’s catch basin waste removal operations. Costs for catch basin waste removal operations were estimated by the City to be $10,000, and accounting for overhead and allocating as described above, the calculated total in this category is $9,600.
Illegal Dumping Clean-up
The City’s Public Works maintenance crews also clean up solid waste materials that are illegally dumped throughout the City. This category includes City staffing costs for illegal dumping clean-up as well as costs for outside contractors and service providers for clean-up of un-housed encampments. Allocated staffing costs for the Public Works maintenance crews are calculated to be $106,576 annually, for a calculated total in this category of $116,857.
Public Waste Containers
This category would include City staff costs and other costs for collection of waste deposited in public waste containers in the public right-of-way and other public locations in the City. No costs associated with this category were identified by the City during completion of this Study. Though no such costs were identified, that does not mean that these costs do not exist. Future updates to this Study could result in identification of such costs.
Waste Collection at City Events
This category would include City staff costs and other costs for collection of waste generated and disposed of at City public events. No costs associated with this category were identified by the City during completion of this Study. Though no such costs were identified, that does not mean that these costs do not exist. Future updates to this Study could result in identification of such costs.
Tree Trimming for Vehicle Access to Public Right-of-Way This category would include City staff costs and other costs for trimming of the City’s street trees to provide safe clearance for collection vehicles to collect solid waste from the public right-of-way. No costs associated with this category were identified by the City during completion of this Study. Though no such costs were identified, that does not mean that these costs do not exist. Future updates to this Study could result in identification of such costs.
Annual Total of City’s Costs
Table 3, on the following age, shows the total of the City’s Costs for management and administration of the Agreement and the sanitation system as calculated in this Study, by category.
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Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 7 of 20 Table 3: City’s Annual Costs by Category and in Total
Category Staffing Costs Other Costs Total
Direct Management and
Administration $77,758 $4,800 $82,558
Indirect Management and
Administration $100,610 $- $100,610
CalRecycle & SB 1383
Compliance $- $50,000 $50,000
Street Sweeping $- $62,400 $62,400
Catch Basin Waste Removal $- $9,600 $9,600
Illegal Dumping Clean-up $116,857 $- $116,857
Total Annual City’s Costs $295,226 $126,800 $422,026
Property Use Charges
Methodology
R3 reviewed and analyzed information provided by the City and the Contractor pertaining to Property Use Charges for Contractor’s use of the public right-of-way for collection of solid waste collection containers.
They then calculated the annual Property Use Charges based on:
The setout area used for collection of solid waste containers (in square feet).
The amount of time that the area is used.
The market value for use of the public right-of-way (in dollars per square foot).
The number of solid waste subscribers setting out collection containers in the public right-of- way.
Using these values, we calculated the market value for the Contractor’s use of government property in the City.
Variables, Estimates, and Assumptions
Setout Area
Standard residential solid waste collection setouts include three solid waste collection containers, usually carts with wheels and lids, with one each for garbage, recycling, and organics waste streams. The setout area needed for placement of these containers is inclusive of the width of each container (typically two feet) as well as minimum required space between the containers and other objects such as cars (minimum of one feet). The set-out area also takes up available parking space and is, thus, assumed to extend six feet out from the curb. Taken altogether, the area for residential setouts is calculated as three 288
Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 8 of 20 containers that are each two feet wide, plus one foot between each container and other objects, for a total area ten feet wide times six feet in depth. The result is 60 square feet of setout area per serviced single- family residential property.
The amount of area used for commercial setouts (in this Study, use of the term commercial also always includes multi-family) can vary widely, as there is no standard commercial subscription size profile – each commercial solid waste subscriber can select from a range of container sizes, with most of them being larger than the containers used in residential areas. Given this complexity, this Study assumes that the average commercial setout area is twice that of the residential setout area, for 120 square feet. This estimate is likely lower than the average setout area needed in commercial areas and is, therefore, conservative.
Setout Time Usage
Standard residential solid waste collection is performed once weekly. Most residential containers are set out the evening prior to collection and are removed from the public right-of-way the following afternoon.
Thus, for the purposes of this Study, we assume that collection containers are in the public right-of-way for an average of 18 hours per day, one day per week, which amounts to approximately 10.71% of the time (18 hours divided by 24 per day divided by 7 days per week).
Commercial solid waste subscription setout times can vary widely – just as there is no standard commercial subscription size profile, likewise there is no standard collection frequency. Commercial solid waste subscribers can select collection frequency between once and six times per week, and with different frequencies for different waste streams. Given this complexity, this Study assumes that the average commercial collection frequently is twice weekly, for 21.43% of the time. As with the setout area, this estimate is likely lower than the average commercial collection frequency and is, therefore, conservative.
Market Value for Use of Public Right-of-Way
To establish the market value for use of the public right-of-way, R3 conducted an online survey of recent purchases of bare land in the City and locally in Contra Costa County. R3 sampled thirty recent sales of bare land in the City, which were sold for a median value of $20.62 per square foot. To that value, R3 added the per square foot value of the City’s street pavement, which is calculated as a function of the total replacement value of the City’s streets ($196,879,000) divided by the area of the streets in square feet (10,810,335) both of which are contained in the City’s 2022 PTAP/PMP (see next section).
The resultant value of the street improvements is $18.21 per square foot, which, when added to the $20.62 market value of bare land, yields $38.84 per square foot. This value is then divided a rental realization rate of 4.45 (based upon a survey of 24 local rates for parking space rentals) and multiplied by the same 20% general fund overhead rate described earlier in the Study to account for distributed costs including but not limited to property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions, for a total annual per square foot use charge for the public right-of-way of $10.48. R3 believes this value to be conservative – other methodologies that could have been applied would have resulted in a higher estimated market value for the use of the public right-of-way. For example, had this Study used “parklet rental fee” charges established in other California communities, with an approximate average annual per square foot value of $15.00 per square foot, the results from this Study would be higher than estimated herein.
Number of Subscriptions Setting Out Containers
The Contractor reports that there are 7,124 residential and 74 commercial solid waste service subscribers in the City. However, not all subscribers set out their containers in the public right-of-way for collection all the time. To account for non-setouts (either because subscribers don’t have waste materials to set out or because they receive on-premises service) we assume that only 90% of residential solid waste 289
Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 9 of 20 subscribers set out containers on a regular basis, for a resulting total of 6,412 average residential setouts.
This 90% assumption is informed by our work overseeing solid waste collection operations for local governments throughout California; from that experience, we know that almost all residential solid waste customers set out their solid waste containers for collection each week (with the exceptions being when residents are on vacation or generate exceptionally low amounts of waste). The City’s Contractor provides weekly collection of solid waste containers to all residents.
It is also understood that most commercial subscribers do not set out containers in the public right-of-way, and therefore we conservatively assume that only 5% of commercial subscribers set out containers on a regular basis, for a resulting total of 4 average commercial setouts. The assumed 5% set-out rate for commercial customers is almost certainly low – were one to take field observations for these values, we believe that the actual rates of set-out would be higher than used for the purposes of this Study. However, we use the 5% set-out assumption for commercial subscribers in this Study as data regarding use of the public right-of-way by commercial subscribers in the City is not available.
Analysis and Total Annual Property Use Charges
Calculating the total annual Property Use Charges using the variables, estimates, and assumptions from the prior section is a function of multiplication, as shown in Table 4, below.
Table 4: Calculation of Total Annual Property Use Charges Variable Category Residential Commercial
Grand Total Annual
Property Use Charge
Setout Area 60 SF 120 SF
Setout Time Usage 10.71% 21.42%
Annual Use Charge $10.48 per SF $10.48 per SF
Number of Setouts 6,412 4
Total Annual Property
Use Charges $431,880 $1,078 $432,958
Pavement Impacts
Methodology
R3 reviewed and analyzed information provided by the City pertaining to Pavement Impacts from the Contractor’s solid waste collection vehicles. We then calculated estimates of the proportionate share of the average annual pavement repair, maintenance, and rehabilitation costs associated with solid waste collection vehicles based on the proportionate impact to pavement from solid waste collection vehicle compared to other sources of impacts.
The calculation accounts for the City’s annual repair costs, five-year projections for capital improvement costs, and five-year projections for annualized growth in deferred maintenance. The calculation also accounts for the high loading and slow speed impacts on pavement associated with solid waste collection vehicles.
The calculation proportionately allocates the average annual pavement management costs to solid waste vehicles based on:
The equivalent single-axle load and proportionate impacts from speed for those vehicles compared to other vehicles.
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Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 10 of 20 The number of vehicle trips on City streets.
The proportion of vehicle trips that are made by trucks versus automobiles. 1
Variables, Estimates, and Assumptions
The weight, loading, slow speed, and frequent stops that characterize solid waste collection vehicle operations impose unique and quantifiable impacts on the City’s street pavement. It is important to understand that, while calculation of vehicle impacts to pavement can be precise for individual vehicles, out of necessity we made certain assumptions about overall blended pavement impacts associated with several categories of vehicle types for the purposes of this Study. This is because we sought to calculate estimated impacts to all street pavement in the City, covering all vehicle uses, and precise traffic information at that scale is not currently available. Thus, we make informed assumptions regarding several variables necessary for this Study.
For each of these variables, there is a range of potentially reasonable values that may be used. We have selected values at the low end of the range to present findings that conservatively calculate estimated values of the pavement impacts associated with the Contractor’s solid waste collection vehicles during the course of providing sanitation service. Assumptions used are described in the following subsections, which reference sources supporting the summary provided here. We must note that changes in assumptions may result in material changes in calculation results and findings.
Factors Impacting Pavement Conditions
Street pavement repair, maintenance, and rehabilitation needs and their resulting costs are affected by several factors, including vehicle usage and utility cuts (for maintenance and repairs to underground utilities). Environmental conditions such as light and water also contribute to pavement repair, maintenance, and rehabilitation needs in combination with the primary impacts from vehicles and trench cuts and are thus not separately accounted for . This Study only focuses on the impacts to street pavement from vehicles, and the proportion of those impacts that are attributable to the Contractor’s solid waste collection vehicles as they perform sanitation service.
City’s Costs for Pavement Repair, Maintenance and Rehabilitation The City regularly projects its costs for repair, maintenance, and rehabilitation of pavement resulting from degradation due to use. These projections, and the basis for them, are documented in Pavement Management Program Update (P-TAP) reports which the City commissions with engineering consultants.2 Per the City’s March 2023 P-TAP report, the City’s projected average annual pavement maintenance and rehabilitation costs from 2023 through 2027 for its entire street network are approximately $3.6 million.
City’s Costs Related To Deferred Maintenance
The City regularly projects its costs for repair, maintenance, and rehabilitation of pavement resulting from degradation due to use. These projections, and the basis for them, are documented in the City’s P-TAP.
1 Our analysis accounts for the distribution of vehicles among the 13 Federal Highway Administration vehicle classifications, which include passenger cars, SUVs/pick-ups, buses, and multiple truck and truck/trailer axle combinations.
2 The City’s current P-TAP report dated March 2023 was prepared by Pavement Engineering Inc., a consulting firm with expertise in pavement engineering. Broadly speaking, a P-TAP is designed to provide objective information and useful data for analysis so that managers can make more consistent, cost-effective, and defensible decisions related to the preservation of a pavement network. 291
Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 11 of 20 Per the P-TAP, deferred pavement maintenance on the City’s streets 3 (which is the result of degrading pavement conditions associated with the impacts of vehicles and that is not funded for repair during the planning term) is projected to increase by $12.1 million between 2023 and 2027. 4 Deferred maintenance is the result of impacts to pavement that should be subject to repair or rehabilitation, but for which such repair or rehabilitation is not planned due to funding constraints. Though repair or rehabilitation of the deferred maintenance impact is not planned, the pavement condition is impacted, in part due to solid waste collection vehicles, and the City must address the deferred maintenance eventually. If deferred maintenance were never to be funded and addressed via repair and rehabilitation, pavement conditions would degrade to the point of being unnavigable by vehicles.
Axle Loading
Our methodology for calculating the proportionate amount of pavement maintenance, and rehabilitation impacts for the Contractor’s vehicles is grounded in the fact that all vehicles, including solid waste collection vehicles, degrade pavement during use. Measurement of that impact – also known as “vehicle loading” – can be estimated, quantified, and expressed as an Equivalent Single Axle Load (ESAL), which is a function of the vehicle’s weight and the distribution of that weight over the vehicle’s axles.
It is important to note that heavier vehicles (including solid waste vehicles) have more impacts on pavement and have a higher vehicle loading ESAL value. It is also important to note that ESAL values are associated with vehicle loading only, and not the speed of the vehicle; it is therefore assumed that relative ESAL values between vehicle types are based on vehicles travelling at the same rate of speed. For this analysis, R3 used the vehicle categories and average ESAL values shown in Table 5, on the following page. Table 5 explains and cites supporting information for how the ESAL for each vehicle type was determined. It should be noted that solid waste collection vehicles are much heavier than most other typical vehicles on City roadways.
Table 5: ESAL Value Assumptions by Vehicle Type
Vehicle Type ESAL
Value Source
Automobiles (Passenger Cars) 0.0008
AASHTO (American Association of State Highway and
Transportation Officials) Design Guide with ESALs by
Vehicle Type
Average of All Other Trucks 5 0.0171
Calculated Value Using AASHTO Design Guide with
ESALs by Vehicle Type, Federal Highway Administration
ESALs by Vehicle Type, Comparative Traffic Counts
Solid Waste Vehicle (Garbage) 1.0000
Calculated Values by Type Using Example Axle Weights
and AASHTO Axle Load Equivalency Factors
Solid Waste Vehicle (Organics) 1.0000
Solid Waste Vehicle (Recycling) 0.7500
3 Deferred maintenance is planned maintenance that gets delayed and backlogged because of a lack of funding.
Deferred maintenance costs remain on the books until they are funded and the work is completed and recategorized in the City’s P-TAP.
4 Our analysis assumes funding based on the City’s budgeted pavement maintenance costs as presented in the P- TAP under Scenario 2 “Maintaining PCI 62”.
5 “All other trucks” means all vehicles with high loading and impact on street pavement other than solid waste vehicles, including pickup trucks, vans, box trucks, and a variety of other trucks with a lower average ESAL than solid waste collection vehicles.
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Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 12 of 20 Given the assumed ESAL values in Table 5, a solid waste vehicle collecting garbage has 1,250 times the impact of an automobile. We are aware of other research concluding that the impacts of solid waste collection vehicles may be as high as 8,000-9,000 times the impact of passenger cars; thus, our assumed ESAL of “1” for garbage collection vehicles is on the low end of the range of ESALs for such vehicles.
Speed Impact
Impacts to flexible pavements (which are typical for residential streets) are also influenced by vehicle speeds, with impacts being exponentially higher when a load carrying vehicle is moving at a very slow speed.6 This is demonstrated in Chart 1, below.
Chart 1: Exponential Relationship Between Speed and Pavement Impacts
Unlike typical traffic on residential streets, which tends to travel at or near the posted speed limit (25 miles per hour [mph] in the City), solid waste vehicles slow and stop for collection in front of each household, averaging approximately 4 mph to 8 mph. 7 At these low speeds, and as shown in Chart 1, vehicles have approximately 2.2 to 2.6 times the impact to the pavement than they would travelling only at the 25 mph speed limit.
In this Study we conservatively assume that solid waste vehicles in the City may be travelling at a faster 10 mph average speed, and we thus assume that the relative impact of speed is a factor of 2, not the higher
2.2 to 2.6 factors corresponding with slower speeds as noted above. We apply this speed factor of 2 as a multiplier to the ESAL loading for solid waste collection vehicles in our analysis of impacts to residential streets only; the factor is not applied to the ESAL loading for arterial and collector streets, as those streets are not typically comprised of flexible pavements, solid waste collection vehicles stop less frequently on those streets (and thus have a higher average speed).
6 Effect of truck speed on the response of flexible pavement systems to traffic loading; International Journal of Pavement Engineering, July 2020; Michael R. S. Mshali and Wynand JvdM. Steyn. 7 Real-world activity, fuel use, and emissions of heavy-duty compressed natural gas refuse trucks; Science of the Total Environment 761, 2021; Gurdas S. Sandhu, H. Christopher Frey, Shannon Bartelt-Hunt, Elizabeth Jones.
0.00 0.50
1.00 1.50
2.00 2.50
3.00 3.50
0 2 4 6 8 10 12 14 16 18 20 22 24 26
Relative Impact
Average Speed (MPH)
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Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 13 of 20 Vehicle Passes Per Day
By estimating the number and type of vehicles (i.e., solid waste collection vehicles, automobiles, and all other trucks) that travel on a street, and the average pavement impacts (measured in ESAL loading) associated with each vehicle type (described in the prior subsection), the total impacts that the pavement will experience can be estimated in a mathematical calculation. Our analysis makes informed assumptions about the number of vehicle passes (meaning trips down streets) by type for the two major types of streets identified by the City in its P-TAP. Those two types of streets are: high-traffic-volume streets (namely arterial and collector streets) and low-traffic-volume streets (residential streets). Specific data for the City relating to the number of vehicle passes per day and the proportion of those passes that are comprised of trucks was not available for this Study.
For the low-traffic residential streets, we used an estimate of 2,500 vehicle passes per day. We also estimated that 5% of residential traffic trips were made by trucks, which we believe to be a conservative assumption – in communities where traffic trip information by vehicle type is available, the result is less than 5%, which yields a greater proportionate impact from solid waste vehicles. For arterial and collector streets, we used an estimate of 25,000 passes per day. For the percentage of those trips that are trucks, we used a calculated value based on comparative traffic counts from the City of Torrance in 2023 and which is the same dataset that we used to estimate the average ESAL for “All other trucks” in Table 5. That analysis calculates the average daily traffic counts for all vehicles on commercial streets in that city, with
87.7% of the average daily traffic count being comprised of passenger cars and motorcycles and the remaining 12.3% being comprised of trucks.
For the purposes of this Study, we have assumed an even higher percentage of arterial and collector street traffic being trucks, at 15% of the average daily traffic. As with the prior assumptions, this value is conservative in that it returns a low proportionate value for the impacts to streets from the Contractor’s solid waste vehicles. Table 6, on the following page, is a summary of the assumptions used in this Study related to average daily vehicles passes and the percentage that are trucks assumptions used in this Study.
Table 6: Vehicle Passes Per Day by Street Type
Street Type Vehicle Passes Per Day Percentage of Vehicle Passes That Are Trucks
Residential 2,500 5%
Arterial and Collector 25,000 15%
Vehicle Passes By Vehicle Type
The variables described in the prior subsection provide the overall number of vehicle passes per day, and the percentage of those passes that are trucks. To isolate the vehicle loading impacts to pavement associated with solid waste collection vehicles, we need to determine the number of passes that those vehicles make per day. This is a relatively simple calculation based on the weekly schedule of collections for solid waste collection services.
For the low-traffic residential streets, solid waste collection operations are on a weekly schedule. Since weekly collections are on both sides of the street, each street is driven twice (once in each direction) by a minimum of one of each type of solid waste collection vehicle. For the purposes of this Study, we assume that each solid waste collection vehicle makes two passes per week, or 0.286 passes per day, on residential streets. This value does not account for the fact that some streets are driven on during non- 294
Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 14 of 20 route days so that collection vehicles can access streets on a given route, meaning that the actual average passes per week in the City must be higher than stated above.
Using the lower passes per week is conservative in that it returns a lower result for the street impacts from the Contractor’s solid waste vehicles. For the high-traffic arterial and collector streets, which are primarily commercial, the schedule for solid waste collection can vary. Solid waste collection services may be provided up to five or six times a week for larger waste generators and may be as low as weekly for smaller generators. Additionally, because solid waste generators in commercial areas are not all on the same collection schedules as residential accounts are, vehicles in commercial areas pass over the same streets multiple times to serve accounts with different collection schedules.
For the purposes of this Study, for arterial and collector streets, we assume that solid waste collection vehicles collecting garbage for landfill disposal pass over each street two times per day (once in each direction), while solid waste collection vehicles for organics and recycling pass over each street once per day (one half in each direction). Total passes for organics and recycling collection vehicles are less because it is generally the case that service levels for garbage are at least twice those of the corresponding organics or recycling service level. As with the number of passes on residential streets, this value does not account for the fact that some streets are driven on during non-route days so that collection vehicles can access streets on a given route, meaning that the actual average passes per week in the City must be higher than stated above. Using the lower passes per week is conservative in that it returns a lower result for the pavement impacts from the Contractor’s solid waste vehicles.
The number of passes per day for the remaining vehicle types – automobiles and other trucks – are simply calculated as a function of the total number of daily passes, the total number of those that are trucks (based on the percentages discussed in the prior section), and the number of passes for solid waste collection vehicles. For example, for the City’s residential streets, given the assumed 2,500 passes per day and 5% (125) of those being trucks, there are 2,375 automobile passes per day (2,500 x 95%).
With three types of solid waste collection vehicles each passing 0.286 times per day (as described above), the total passes per day are 0.857 (3 x 0.286). The number of passes for all other trucks is 124.143 (150 minus 0.857). Table 7, below, provides a summary of vehicle passes per day by street type.
Table 7: Vehicle Passes Per Day by Vehicle Type and Street Type Vehicle Type Residential Streets Arterial and Collector Streets Automobiles (Passenger Cars) 2,375.000 21,250.000
Average of All Other Trucks 124.143 3,747.143
Solid Waste Vehicle (Garbage) 0.286 1.429
Solid Waste Vehicle (Organics) 0.286 0.714
Solid Waste Vehicle (Recycling) 0.286 0.714
Total 2,500 25,000
Percentage of Streets by Type
A final variable that needs to be addressed in the percentage of streets by type. This information is included in the City’s P-TAP, including the relative area by street type, as shown in Table 8, next page.
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Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 15 of 20 Table 8: Percentage of Streets by Type
Street Type Area (Square Feet) Percentage of Area
Residential 6,029,369 55.8%
Arterial 1,774,941 16.4%
Collector 3,006,025 27.8%
Total 10,810,335 100%
Analysis
Percentage Impact for Solid Waste & Street Sweeping Vehicles by Street Type With the variables for ESAL by vehicle type, the multiplication factor for the relative impacts of speed for solid waste collection vehicles on residential streets, and the number of passes by vehicle type established, we then calculate the relative percentage impact associated with each vehicle type. This is calculated as a function of ESAL multiplied by speed factor (residential streets only) multiplied by the number of weekly passes, multiplied by ESAL, with the product being the total vehicle loading pavement impact by vehicle type per week.
Totaling the weekly total vehicle loading by vehicle types yields the total estimated loading experienced by each street type (residential vs. arterial and collector). From there, we calculate the percentage contribution to total vehicle loading for solid waste collection vehicles, which is the total weekly ESAL loading associated with solid waste collection vehicles divided by the total ESAL loading for the street.
Table 9 and Table 10, on the following page, show these calculations and the results.
Table 9: Calculation of Solid Waste Pavement Impacts – Residential Streets
A B C D E F
Vehicle Type
Average
ESAL /
Vehicle
(Per Table
5)
Relative
Impact
from
Speed
Passes /
Day /
Vehicle
Type
(Per Table
7)
Passes /
Week /
Vehicle
Type
(C x 7)
Total
Weekly
ESAL
Loading
(A x B x D)
Percent of
Total
ESAL
Loading
(E / 39.16)
Automobiles 0.0008 1x 2,375.000 16,625 13.30 33.96%
All Other Trucks 0.0171 1x 124.143 869 14.86 37.95%
Garbage Vehicles 1.0000 2x 0.286 2 4.00 10.21%
Organic Material Vehicles 1.0000 2x 0.286 2 4.00 10.21% Recycling Vehicles 0.7500 2x 0.286 2 3.00 7.66%
Total 2,500 17,500 39.16 100%
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Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 16 of 20 As shown in Table 9, for the City’s residential streets we calculated the percentage impacts for solid waste vehicles to be 28.09% of total impacts to residential street pavement (10.21% times 2 plus 7.66%).
Table 10: Calculation of Solid Waste Vehicle Impacts – Arterial and Collector Streets
A B C E F
Vehicle Type
Average
ESAL /
Vehicle
(Per Table 5)
Passes /
Day /
Vehicle Type
(Per Table 7)
Passes /
Week /
Vehicle Type
(B x 7)
Total Weekly
ESAL
Loading
(A x C)
Percent of
Total ESAL
Loading
(E / 586.28)
Automobiles 0.0008 21,250.000 148,750 119.00 20.30%
All Other Trucks 0.0171 3,747.143 26,230 448.53 76.50% Garbage Vehicles 1.0000 1.429 10 10.00 1.71%
Organic Material Vehicles 1.0000 0.714 5 5.00 0.85%
Recycling Vehicles 0.7500 0.714 5 3.75 0.64%
Total 25,000 175,000 586.28 100%
For the City’s arterial and collector streets, Table 10 calculates the percentage impact from solid waste vehicles to be 3.20% of the total impacts (1.71% plus 0.85% plus 0.64%).
Average Annual Pavement Expenses
Per the P-TAP report, the City is projected to spend $3.6 million per year on pavement repair, maintenance, and rehabilitation.
Average Annualized Deferred Maintenance
In addition to contributing to annual pavement maintenance and rehabilitation costs, solid waste vehicles also contribute to deferred maintenance. The P-TAP report projects that deferred maintenance will increase by $12.1 million from 2023 to 2027, which is $3,025,000 annually.
Sources of Pavement Impacts
The City’s projected pavement maintenance repair needs are assumed to include impacts to pavement caused by and utility cuts. This Study assumes that the impacts of utility cuts on the City’s streets to be 10% of all pavement repair, maintenance, and rehabilitation needs. Thus, this Study allocates 90% of the average annual pavement repair, maintenance, and rehabilitation needs to vehicle impacts.
The 10% assumption for the value of impacts related to utility cuts is, in part, based on experience working in local government street maintenance operations, wherein pavement repair and rehabilitation needs for utility cuts were a fraction of overall pavement repair and rehabilitation needs. The 10% assumption is further informed by the Federal Highway Administration’s Manual for Controlling and 297
Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 17 of 20 Reducing the Frequency of Pavement Utility Cuts 8 which references a case study from the District of Columbia in 1996 wherein “the combined area of the utility cuts in the District was over one percent of the total pavement surface area.” This Study further considers that the costs to repair and rehabilitate pavement that has been impacted by utility cuts is approximately double the costs to repair and rehabilitate pavement without utility cuts. 9 Taken together, the 10% assumption for the pavement repair and rehabilitation amount associated with utility cuts used in this Study contemplates up to 5% of pavement service area being affected by utility cuts (nearly five times the area cited in the Federal Highway Administration Manual) at double the repair and rehabilitation costs for pavement not affected by utility cuts. The results of the 10% assumption for the impacts of utility cuts is demonstrated in Table 11 below. 10
Table 11: Average Annual Pavement Impacts from Vehicles Category Amount of Impacts
from All Sources
Reduction for
Subsurface Activities
Amount of Impacts
from Vehicles
Average Annual
Pavement Expenses $3,600,000 -10% $3,240,000
Average Annualized
Deferred Maintenance $3,025,000 -10% $2,722,500
Total $6,625,000 -10% $5,962,500
Table 12, below, shows the breakdown of the average annual pavement impacts from all vehicles by street type, using the total from Table 11.
Table 12: Total Pavement Impacts from Vehicles by Street Type Variable Residential Arterial and Collector Total
Percentage of Streets
by Type (From Table 8) 55.8% 44.2% 100%
Total $3,325,532 $2,636,968 $5,962,500
8 https://www.fhwa.dot.gov/utilities/utilitycuts/man01.cfm 9 Analysis of the Impact of Utility Cuts on Rehabilitation Costs in Santa Cruz County, CA; November 2002; Shahin & Associates Pavement Engineering.
10 R3 is aware of a Study conducted by another consultant that found a higher percentage for the impacts of trench cutting (i.e., 25%). R3 has not had opportunity to review that study or the basis its conclusion. However, if this Study were to have used a 25% factor for the impacts of trench cutting, rather than 10%, the result would not change our ultimate findings. This is because using a 25% factor rather than a 10% factor would result in a reduction in the value of the total pavement impacts from Contractor’s vehicles shown in Table 13 by $393,594.
Even with that reduction in the value of the total pavement impacts from Contractor’s vehicles, this Study would still conclude that the amounts calculated in this Study are higher than the projected FY 2023-24 Franchise Fee payments.
298
Methodology & Calculations
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 18 of 20 Total Annual Pavement Impacts
Calculating the total annual Pavement Impacts using the variables, estimates, and assumptions from the prior section is a function of multiplication, as shown in Table 13, on the following page.
Table 13: Calculation of Total Pavement Impacts from Contractor’s Vehicles Variables Residential Arterial and Collector
Grand Total
Annual Pavement Impacts
from Vehicles (From
Table 12)
$3,325,532 $2,636,968
Percentage Impacts from
Contractor’s Vehicles
(From Tables 9 and 10)
28.09% 3.20%
Total $934,141 $84,333 $1,018,474
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3. FINDINGS & CONCLUSIONS
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 19 of 20 Franchise Fee
The FY 2022-23 Franchise Fee paid by the Contractor to the City was $407,965 and the projection for FY 2023-24 is $419,225. The Fund 291 revenues paid by Contractor to the City were $176,184 and the projection for FY 2023-24 is $176,000.
R3 calculated estimates of the City’s Costs and Property Use Charges based on actual and estimated cost information provided by the City, and with conservative assumptions for estimated values.
The sum of FY 2023-24 annual City’s Costs ($422,026) and Property Use Charges ($432,958) amounts calculated in this Study is $854,984.
Where assumptions were necessary to complete the analysis in this Study, attempts were made to apply conservative assumptions given a range of possible inputs.
The calculated amounts bear a reasonable relationship to the Contractor’s burdens on the City resulting from the management and administration of the Agreement and the sanitation system, and the value of the Contractor’s use of the public right-of-way. The City’s Costs have been reviewed and confirmed by City staff as being representative of the actual time and costs incurred for these activities. Amounts of Property Use Charges are proportionately allocated to the Contractor with due recognition of the realities of the Contractor’s operations.
The amounts calculated in this Study are $259,759 (44%) higher than the projected FY 2023- 24 Franchise Fee and Fund 291 payments. It is highly unlikely, given the justification provided herein, that FY 2023-24 Franchise Fee payments will exceed the amounts calculated in this Study.
The Franchise Fee and Fund 291 payments are therefore is not more than necessary to cover the City’s costs incurred in managing and administering the Agreement and the sanitation system plus the value of the Contractor’s use of the public right-of-way.
R3 calculated estimates of the Pavement Impacts from Contractor’s solid waste collection vehicles based on quantifiable impacts from such vehicles. The amount of Pavement Impacts calculated in this Study is $1,018,474.
The amount calculated Pavement Impacts bear a reasonable relationship to the Contractor’s burdens on the City resulting from the pavement impacts caused by Contractor’s solid waste collection vehicles. Calculations of Pavement Impacts have been proportionately allocated to the Contractor with due recognition of the impacts from loading, speed, number of trips, and other causes of pavement repair, maintenance, and rehabilitation needs.
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4. RECOMMENDATIONS
City of Hercules | Solid Waste Franchise Fee Study – R3 Report 20 of 20 Restate Franchise Fee
The current franchise fee payments from the Contractor to the City are calculated as a percentage of gross revenues collected from Contractor. While these payments do not exceed the City Costs and Property Use Charges values calculated in this Study, the City would be better served by restating the Franchise Fee to be a dollar value instead of a percentage of gross revenues.
We recommend that the City consider amending the Agreement with the Contractor to set the Franchise Fee at a dollar value not to exceed the sum of the City Costs and Property Use Charges values calculated by this Study.
Annual Adjustments
All values calculated in this Study are in current FY 2023-24 dollars. Given that the City’s Costs, Property Use Charges, and Pavement Impacts will all tend to change over time in response to changing staffing, benefits, and other costs, it would be appropriate for the City to implement an annual adjustment to the Franchise Fee.
R3 recommends the City consider including an automatic annual adjustment that would change the fees in proportion to the percentage change in the Consumer Price Index (CPI).
We recommend the CPI for All Urban Consumers (CPI-U) for the San Francisco Bay Area (U.S. Bureau of Labor Statistics series ID: CUURS49BSA0).
Sources and Uses Accounting
Currently, the City’s Costs and Property Use Charges are not tied to Franchise Fee revenues in the City’s accounting system. The City could implement project code accounting and/or enterprise fund accounting for the Franchise Fee to better track source revenues and their uses. In either case, allocated and/or direct staffing and other costs could be tied to source revenues, while the Property Use Charges could be transferred out for general use.
R3 recommends the City consider implementing sources and uses accounting practices for Franchise Fee revenues, City’s Costs, and Property Use Charges.
Periodic Recalculation
Over time, the City’s Costs associated with the Agreement and the sanitation system, the value of Property Use Charges for use of the public right-of-way, and the annualized costs associated with Pavement Impacts from the Contractor’s solid waste collection vehicles may change in ways that vary from the annual change in the CPI. Additionally, changes in City policies, programs, procedures, organization, geopolitical boundaries, laws, regulations, court rulings, and/or other factors may also trigger a need for recalculating fees.
R3 recommends the City consider updating this Study periodically (e.g., every five years) or more frequently if needed to recalculate fees in response to other factors. 301
The Parties:
City of Hercules
Republic Services
Subject:
Side Letter Agreement Regarding Use of City Rate Stabilization Funds to Offset Maximum Service Rates Effective July 1, 2025, through December 31, 2026 Content:
The City of Hercules and Republic Services (collectively the “Parties”) hereby agree that the Maximum Service Rates effective July 1, 2025, through December 31, 2026, shall be offset by the City’s use of $243,000 in rate stabilization funds. Republic Services has calculated Service Rates net of the City’s use rate stabilization funds, summarized in Table 1, below, and included in their entirely as Attachment 1 to this Side Letter Agreement.
Table 1 – Service Rates Net of Rate Stabilization Funding (July 1, 2025, through December 32, 2026)
20-
Gallon
32-
Gallon
Maximum Service
Rates Per Solid Waste
Collection Agreement
$ 38.05 $ 39.48
Rate Stabilization
Funding Offset to
Maximum Service
Rates
$ (2.04) $ (2.12)
Service Rates Net of
Rate Stabilization
Funding
$ 36.01 $ 37.36
Via this Side Letter Agreement, for the period from July 1, 2025, through December 31, 2026, the City agrees to pay Republic Service the difference between the Maximum Service Rates included in the Agreement, and the Service Rates net of rate stabilization funding. Republic Services shall invoice the City monthly starting on July 1, 2025, for 302
the amount owed by the City. Given current subscription levels by size, the monthly amount owed is estimated to be $13,496.44, calculated as shown in Table 2, below.
Table 2 – Calculation of Monthly Rate Stabilization Amounts Payable by City to Republic Services
20-
Gallon 32-Gallon
Rate Stabilization
Funding Offset to
Maximum Service
Rates
$ 2.04 $ 2.12
Number of Monthly
Subscriptions (as of
November 2024)
1,186 5,225 Monthly
Total
Rate Stabilization
Offset Times Number
of Monthly
Subscriptions
$2,419.44 $11,077.00 $13,496.44
Provided that the City pays Republic Services the monthly amounts owed as described above from July 1, 2025, through December 31, 2026, Republic Services shall bill City Services Recipients at the Service Rates net of rate stabilization funding shown in Attachment 1 to this Side Letter Agreement and shall not bill Service Recipients at the Maximum Service Rates included as to the Agreement. The Parties agree that monthly invoicing and payment shall proceed for the 18 months from July 1, 2025, through December 31, 2026. The Parties further agree and understand that the total 18-month amounts owed pursuant to the calculations described above may be more than the available $243,000 in City rate stabilization funding. Any remaining amount owed above $243,000 at the conclusion of 18 months shall be deducted from Republic Services monthly Franchise Fee payment to the City in January 2027.
If the City does not pay the monthly amounts described herein, Republic Services may bill customers at the Maximum Service Rates per to the Agreement, including retroactive prorated amounts if necessary and applicable to billing cycles for which the City did not pay rate stabilization funding invoices.
Starting January 1, Republic Services shall commence billing Service Recipients based on the Maximum Service Rates in as adjusted in accordance with of the Agreement. 303
Signature Block:
Republic Services: _________________________________
City of Hercules : __________________________________
304
DIS
CUSSION AND/OR ACTION
AGENDA ITEM
2. 25-098
305
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 25, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: Commission and Committee Appointment
RECOMMENDED ACTION:
Consider making an appointment to the Hercules Finance Commission to fill the remaining part of a two (2) year term.
DISCUSSION:
The Finance Commission currently has one vacant seat. The unscheduled vacancy is due to a commissioner who was unable to serve the remaining part of their term, which will expire on December 31, 2025. On November 4, 2024, a Special meeting was held to conduct Commission Interviews. The new Commissioners were then appointed at the next regular City Council meeting on December 10, 2024.
Resolution 10 -068 established procedures governing appointments to City Council Advisory Bodies and Regional Committees and Boards. In Section D2 for Unscheduled Vacancies, the resolution states that if the unscheduled vacancy occurred within ninety (90) days after interviews for appointment to that Commission, the unscheduled vacancy may be filled by appointment of on e of the individuals interviewed. Rupinder Sandhu applied and was inter viewed for the Finance Commission but was not appointed at the time. Mr. Sand hu was notified of the vacancy and expressed interest in serving on the Finance Commission for the remainder of the term.
Staff recommends that Rupinder Sandhu be appointed to the Finance Commission and serve the remaining part of the term which will end December 31, 2025. 25-0988
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FISCAL IMPACT:
None.
ATTACHMENTS:
1. Resolution 10-068
307
308
309
310
311
312
DI
SCUSSION AND/OR ACTION
AGENDA ITEM
3. 25-096
313
STAFF REPORT TO THE CITY COUNCIL
DATE: March 25, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director
SUBJECT: General Plan Update and 2024 Annual Progress Report RECOMMENDED ACTION:
1. Receive an update from staff on the status of the General Plan and the planned update process and ask any questions;
2. Take public comment;
3. Provide any comments; and
4. By minute action, d irect staff to submit the 202 4 General Plan Annual Progress Report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).
BACKGROUND:
California state law requires each city and county to adopt a general plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment bears relation to its planning” .1 The general plan expresses the community’s development goals and embodies public policy relative to the distribution of future public and private land uses. The California Supreme Court has described general plans as the “charter to which [zoning] ordinance[s] must conform.” Still, the general plan extends far beyond zoning and land use. 2 A general plan is more than the legal underpinning for land use decisions; it is a vision of how a community will grow, reflecting community priorities and values while shaping the future. 1 Gov. Code § 65300
2 Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 540 25-096
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Per Government Code Section 65400(a)(2)(A) , the City is required to submit an annual report to the State on the City’s progress in implementing the General Plan. Unlike the Housing Element APR, the State does not prescribe a specific report format , and cities are advised to highlight measures associated with the implementation of the GP, such as GP and Zoning Ordinance amendments, policy actions by the City Council, Citywide initiatives, and City-initiated projects.
The state-mandated General Plan (GP) Annual Progress Report (APR) provides information regarding the City’s progress in meeting the community’s goals through implementation of the GP. The General Plan APR allows OPR to identify statewide trends and how local planning and development activities relate to statewide planning goals and policies. The APR may inform future updates to OPR’s General Plan Guidelines and help track local jurisdictions ’ progress in updating General Plans. It also provides important background information for the City’s planned General Plan update process anticipated to begin in Summer 2025.
ANALYSIS:
General Plan Annual Progress Report
Community Development staff have prepared the City’s third General Plan Annual Progress report for 2024. Council is requested to direct staff, by minute action, to submit the report to the relevant state agencies.
As detailed in the attached report (Attachment 1), in 2024 the City initiated or continued a number of activities implementing the General Plan, which include:
Adoption and certification of the City’s 6th Cycle Housing Element Website and application updates to reflect new state legislation Mapping and publishing overlay zoning districts
Zoning code update for emergency shelters and low-barrier navigation centers Zoning code update removing Planned Development Plan requirements Zoning code update to implement Housing Element Program H3 -1 and comply with recent state and federal legislation
General Plan Update
Staff anticipates beginning a comprehensive update of the General Plan in Summer 2025.
The Land Use, Economic Development, Circulation, Open Space & Conservation, and Noise elements will be comprehensively updated. The Safety, Growth Management and Housing Elements will be selectively updated if needed for consistency. The optional Hazardous Waste Management Plan adopted in 1990 will be reviewed for current need and relevance and either repealed or updated as needed.
Updating the General Plan is necessary to implement the Council’s strategic goal s of creating a comprehensive land use strategy and a comprehensive economic development strategy. State guidelines also call for the General Plan as a whole to be 315
periodically updated; while there no prescribed in terval, many agencies update on a 10 - or 15- year cycle. Several elements of the City’s General Plan, including the Land Use and Economic Development Elements, have not been comprehensively updated in over two decades, as shown below.
Elements anticipated to be comprehensively updated are shown in bold italics. Elements shown with an asterisk are required under state General Plan law, which allows two or more required elements to be combined. The Growth Management Element is required by Measure J, the countywide sales tax measure that provides much of the City’s funding for street paving and other transportation projects.
Hazardous Waste Management Plan – adopted 1990
Economic Development – adopted 1991
Land Use* - adopted 1998
Open Space* & Conservation* – adopted 1998
Noise* - adopted 1998
Growth Management – adopted 2013
Circulation* - adopted 2018
Safety* - adopted 2021, Local Hazard Mitigation Plan update anticipated 2025 Housing* - 6th cycle Housing Element (2023-31) adopted 2024
Reasons to Update the General Plan Now
There are several compelling reasons to begin a comprehensive General Plan update process in 2025:
Many Elements Outdated:
The Economic Development, Land Use, Open Spa ce & Conservation, and Noise elements are over two decades old and do not reflect current land uses, available development sites, market conditions, regional plans, noise levels, or growth forecasts, nor the dissolution of redevelopment agencies statewide in 2011. The Open Space Element also needs updating to reflect the 2024 adoption of the Parks and Recreation Facilities Master Plan. The City’s Hazardous Waste Management Plan also does not reflect current conditions, given that most of the City’s hazardou s waste sites have already been remediated. The Noise Element is based on noise data collected over 25 years ago. Extensive text amendments have been made to some elements over the years, including through the Waterfront Now! Initiative in 2008, but the el ements themselves were never revised to incorporate these amendments.
Economic Development Strategy:
The Council has set a strategic goal of developing a comprehensive Economic Development Strategy. The General Plan update process provides a good opportunity to use existing funding to engage economic development professionals as part of the team, who will assess current economic trends and conditions, prepare an updated Economic Development Element that reflects current conditions and trends, and r ecommend 316
policies and programs to guide staff and policy makers following adoption of the updated Element.
State Laws:
Tribal consultation for all General Plan amendments has been required by state law (SB 18) since 2004. A 2022 state law, SB 1425, requires the City to update the Open Space Element by Jan. 1, 2026 to include plans and an action program that address specified issues, including climate resilience and other co -benefits of open space, correlated with the safety element. Another 2022 state law, AB 1889, the “Room to Roam Act,” requires cities and counties to consider the effect of development on wildlife movement and habitat connectivity in the adoption or next revision of their general plan conservation element beginning on January 1, 2028.
Housing Capacity Needed:
With the recent adoption and certification of the City’s Housing Element, it is time to begin planning for additional housing capacity in the next cycle, which begins in 2032. In addition, the Caltrans corporation yard site is called out for special mid-cycle action in the Housing Element: if Caltrans and the City have not determined, by 2028, that it is feasible to relocate the Caltrans corporation yard and allow the site to be developed as affordable housing, the Housing Element requires the City to make available alternative sites to replace the lost capacity – which would almost certainly involve rezoning and General Plan amendments as well as CEQA clearance. The proposed Builder’s Remedy project on the Loop Site will also create a deficit of several hun dred units in the City’s capacity for Very Low -income affordable units required by the Regional Housing Needs Assessment (RHNA) process. Under the State’s “No Net Loss” law, the lost capacity must be replaced with additional capacity on other sites to make up the RHNA deficit . The General Plan process provides an opportunity to integrate this replacement site identification and rezoning process into the City’s larger land use vision and environmental document, as well as to engage the community in the process.
With nearly all its vacant sites already entitled for predominantly market-rate development, at present Hercules has very limited capacity for additional affordable housing. It is highly likely that the City will not be able to accommodate it s next (2032 - 2040) RHNA allocation or replace the capacity of the Caltrans and Loop sites unless additional sites, such as shopping centers or other commercial sites, are rezoned to allow housing, and convincing evidence is presented to HCD that the existi ng uses do not impede redevelopment . Depending on the affordable housing progress made in the current cycle and the number of units assigned in the upcoming cycle, it is possible that existing residential areas or approved development sites may also need to be rezoned to allow greater density. For example, the entitlements for the Hill Town project will expire in 2029 unless further extended, so the General Plan update process could put in place higher-density zoning standards for the site that would apply if the existing entitlements lapse.
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CEQA Documents Outdated:
The California Environmental Quality Act (CEQA) requires government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project. The Environmental Impact Report (EIR) for the General Plan was prepared in 1995. Subsequently, EIRs were prepared for the New Town Center (2009) and Bayfront (2010) projects. Since then, the CEQA documents for General Plan a mendments or updates have generally been Initial Study/Negative Declarations that tiered off these older EIRs. To protect the City from liability, it is generally considered a good practice to carefully consider the adequacy of tiering off an environmental document that is over 10 years old. Also, the past EIRs were prepared prior to the enactment of many current state laws. For example, SB 743 was adopted in 2013 and mandates the evaluation of the environmental impact of development through the use of Vehic le Miles Traveled rather than traffic Level of Service. The proposed General Plan update presents an opportunity to prepare a new EIR that will reflect current laws and guidelines and provide the City with an additional increment of growth capacity for the next housing cycle.
General Plan Update Process and Timeline
A comprehensive General Plan update and EIR process typically takes up to three years.
It is common for long -range land use planning efforts to take 9 -12 months to develop a stable project definition for CEQA purposes (i.e. to develop a preferred land use concept and identify the location and amount of planned development under the draft plan). A stable description of the “proj ect” for CEQA purposes is needed to begin the EIR preparation process and conduct the required CEQA scoping meeting.
Consultants bidding on the General Plan update will be asked to develop a proposed project schedule. A conceptual timeline for the process is shown below.
March 25, 2025 – Council discussion of General Plan update process and approval of 2024 General Plan and Housing Element Annual Progress Reports Spring/Summer 2025 – adoption of updated Safety Element Local Hazard Mitigation Plan (an annex to the countywide LHMP)
June 2025 – issue Request for Proposals for General Plan update and EIR July/August 2025 – evaluate and rank proposals and finalize scope and budget with selected consultant team
September 2025 – Council approval of consultant contract, funded by existing General Plan update fund
Fall 2025 – Council appoints General Plan Steering Committee or Task Force (similar to process for Parks and Recreation Facilities Master Plan) Fall/Winter 2025 – Consultant team kickoff and data colle ction, background research and baseline environmental studies (budget permitting) 318
Fall/Winter 2025 – initial round of community engagement, including tribal consultation and potentially surveys, stakeholder interviews, focus groups, community workshops, pop-ups, steering committee meeting, etc. Winter 2025/Spring 2026 – Consultants develop potential policies and programs for Economic Development Element update and review with Council Economic Development Subcommittee.
Winter 2025/Spring 2026 – potential in terim text amendments to Open Space element to comply with SB 1425 (compliance required by Jan. 1, 2026). Requires element to include plans and an action program that address specified issues, including climate resilience and other co -benefits of open spac e, correlated with the Safety Element.
Spring/Summer 2026 – consultants develop potential land use concepts Spring/Summer 2026 – community outreach/Steering Committee discussion of alternative land use concepts and other update topics
Summer/Fall 2026 – identify preferred land use concept and develop CEQA project description; conduct required tribal outreach and CEQA scoping meeting Fall 2026 – identify budget and funding needed for environmental review, if not included in initial contract; amend contract as required or contract separately Fall/Winter 2026 – consultants develop draft plan elements and work on draft EIR Winter 2026/Spring 2027 – community outreach/Steering Committee discussion of draft plan elements
Spring/Summer 2027 – circulate Draft EIR and work on responses to comments Summer/Fall 2027 - finalize plan in preparation for adoption Fall 2027/Winter 2028 – prepare and circulate Final EIR (Draft EIR plus Response to Comments and Mitigation Monitoring or Reporting Program) Winter 2027/Spring 2028 – Public hearings at Planning Commission and Council to certify EIR and adopt updated General Plan elements
FISCAL IMPACT:
There is n o direct financial impact of filing the General Plan Annual Progress R eport.
Preparation of updates to the General Plan is funded through a 1% surcharge on the valuation of building permits. As of February 2025, t he City’s General Plan Update Fee fund has a current balance of approximately $1.38 million. Additional revenue will accrue to the fund as additional building permits are issued.
Consultants bidding on the project will be asked to recommend and propose a budget for an approach to the General Plan update and EIR that works within the available and anticipated funding. However, it is possible that additional funding may be required to complete the environmental review process based on the proposals submitted. If this occurs, the contract will be structured so that the planning effort can get underway while additional funding is identified for the environmental review in subsequent budget cycles. 319
ATTACHMENTS:
Attach 1 - 2024 Annual General Plan Progress Report
320
General Plan Annual Progress Report 2024
City of Hercules
March 2025
321
City of Hercules 202 4 General Plan Annual Progress Report 2 Table of Contents
General Plan Annual Progress Report 2024 ................................................................................................................. 1 Introduction ................................................................................................................................................................... 3 General Plan Elements................................................................................................................................................... 3 Amendments to the General Plan ................................................................................................................................. 4 2024 Key Accomplishments ........................................................................................................................................... 4 General Plan Update Requirements per State Legislation ............................................................................................ 5 Senate Bill 535 – adopted 2012 .................................................................................................................... 5 Senate Bill 379 – adopted 2015 .................................................................................................................... 5 Senate Bill 1000 – adopted 2016 .................................................................................................................. 5 Assembly Bill 168 – adopted 2020................................................................. Error! Bookmark not defined.
Senate Bill 1425 – adopted 2022 .................................................................................................................. 5 Assembly Bill 1889 – adopted 2022 ............................................................................................................. 5 Specific Plans and Planned Developments ....................................................................................................... 6 New Pacific Properties Specific Plan............................................................................................................. 6 Central Hercules Plan ................................................................................................................................... 6 Waterfront District Master Plan ................................................................................................................... 7 General Plan Overview .................................................................................................................................................. 8 Land Use Element ............................................................................................................................................. 8 FEMA Floodplain Review .............................................................................................................................. 9 Circulation Element ........................................................................................................................................ 10 Housing Element ............................................................................................................................................. 10 Housing Unit Production ............................................................................................................................ 11 Accessory Dwelling Units ............................................................................................................................ 11 Senate Bill 9 ................................................................................................................................................ 11 Open Space & Conservation Element ............................................................................................................. 12 Parks and Recreation Facilities Master Plan ............................................................................................... 12 Recent Legislation ....................................................................................................................................... 12 Conservation Projects ................................................................................................................................. 13 Safety Element ................................................................................................................................................ 13 Local Hazard Mitigation Plan ...................................................................................................................... 13 Noise Element ................................................................................................................................................. 14 Hazardous Waste Management ..................................................................................................................... 14 Economic Development .................................................................................................................................. 15 Growth Management ..................................................................................................................................... 16 General Plan Compliance with OPR’s General Plan Guidelines and State Legislation ................................................. 17 Comprehensive General Plan Update ......................................................................................................................... 18
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City of Hercules 202 4 General Plan Annual Progress Report 3 Introduction
California state law requires each city and county to adopt a general plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment bears relation to its planning” (Gov. Code § 65300). The genera l plan expresses the community’s development goals and embodies public policy relative to the distribution of future public and private land uses . The California Supreme Court has described general plans as the “charter to which [zoning] ordinance[s] must conform.” Still, the general plan extends far beyond zoning and land use (Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 540). A general plan is more than the legal underpinning for land use decisions; it is a vision of how a community will grow, reflecting community priorities and values while shaping the future.
Government Code Sections 65400 and 65700 mandate that all cities and counties submit an annual report on the status of the General Plan and progress in implementing its Goals, Objectives, and Policies. The General Plan Annual Progress Report (APR) is submitted along with the Housing Element Annual Progress Report (APR) to Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1st of each year. The General Plan APR allows OPR to identify statewide trends and how local planning and development activities relating to statewide planning goals and policies. The APR may inform future updates to OPRs General Plan Guidelines and help track local jurisdictions’ progress in updating General Plans.
Effective January 1, 2019, the City of Hercules must submit both the Housing Element APR and a General Plan APR. General Plan APRs from 2022 onward are available on the City of Hercules Planning website.
The City of Hercules has submitted an annual report on the Housing Element of the General Plan each year since 2014. The Housing Element APR was compiled separately and includes more detailed reporting on housing production and Housing Element progress. Housing Element APRs from 2014 through 2024 are on the City of Hercules Planning website.
General Plan Elements
The State of California requires General Plans to include a minimum of seven mandated “Elements”: Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety. Cities and counties in the San Joaquin Air Pollution Control District must also address air quality in their general plans. Cities and counties that have identified disadvantaged communities must also address environmental justice in their general plans. The City of Hercules is not located in the San Joaquin Air Pollution Control District, nor do es it have an identified disadvantaged community.
The City of Hercules last adopted a comprehensive General Plan update in 1998. Since then, elements of the General Plan have been updated on a rotating schedule and per state law. By statute, the General Plan is required to be updated “periodically.” While there is no requirement for how often to update the General Plan, the planning period has traditionally been 15 -20 years. The Housing Element is the only element required to be updated regularly. There have been five previous housing element update “cycles ” to date . Hercules adopted its sixth cycle housing element update in December 2024 and the element has been certified. 323
City of Hercules 202 4 General Plan Annual Progress Report 4 Table 1 - General Plan Elements
Element Adopted Amended Related Plans
Land Use* 1998 2008 Waterfront District Master Plan
New Pacific Properties Specific Plan
Regulating Code for the Central
Hercules Plan
Circulation* 2018 Local Road Safety Plan (2024)
Housing* 2024
Open Space* & Conservation* 1998 2015 (AB 162) Parks and Recreation Facilities Master Plan
Refugio Creek Watershed Vision Plan
Safety* 2021 Local Hazard Mitigation Plan (update
to be adopted in 2025)
Noise* 1998
Hazardous Waste
Management Plan
1990 2008
Economic Development 1991
Growth Management 2013 Contra Costa County Measure J *Required Element
Amendments to the General Plan
The Hercules General Plan has been amended over time, including amendments made as development projects were approved. The Hercules General Plan was not amended in 2024. 2024 Key Accomplishments
The City’s key accomplishment in 2024 was achieving HCD confirmation in October that the 6th Cycle Housing Element, which was under revision in response to HCD comments throughout 2023 and 2024, substantially complied with state law. While working through the review process and ensuing Builder’s Remedy applications, the City demonstrated notable advancements in the implementation of objectives outlined in the updated Housing Element and recent legislation. The City website has been updated to include required checklists and applications for ADU preapproval, urban lot splits , and two-unit development, as well as preliminary applications for SB 35 and SB 330 projects, to provide applicants with accessible resources and information pertaining to these housing initiatives. The City also mapped and published its overlay zones for the first time, in order to make all zoning standards for each parcel available on the website, as required by AB 1820.
Building upon this momentum, the City has continued to adapt its Development Code to remain responsive to the dynamic housing landscape, most notably by adopting a comprehensive zoning ordinance amendment in early 2025 to implement Program H3-1 of the 6th Cycle Housing Element and comply with Senate Bills No. 450, 477, 745 and 1211, Assembly Bill No. 2162, and the Religious Land Use and I nstitutionalized Persons Act (RLUIPA). Two prior zoning code amendments in 2024 included modifications of the City’s overlay zoning ordinance to address state laws regarding emergency shelters and low -barrier navigation centers and to remove the requirement for a Planned Development Plan in certain zones and overlay districts, while allowing PDPs to be used on request to provide additional flexibility to developers. 324
City of Hercules 202 4 General Plan Annual Progress Report 5 These updates not only reflect the City's commitment to meeting the diverse housing needs o f its residents but also signify a proactive approach in aligning local regulations with statewide housing objectives and making the development entitlement process more streamlined and consistent. Through these concerted efforts, the City of Hercules continues to pave the way for inclusive and sustainable housing solutions in the community.
General Plan Update Requirements per State Legislation
The State has adopted several amendments to Government Code §65302 that ha ve added new statutory requirements to the required Elements of the General Plan or in General Plan APRs, as follows:
Senate Bill 535 – adopted 2012
Established initial requirements for minimum funding levels to Disadvantaged Communities . The legislation also gives CalEPA the responsibility for identifying those communities. Disadvantaged communities in California are specifically targeted for the investment of proceeds from the State’s greenhouse gas cap -and-trade program. These investments aim to improve public health, quality of life , and economic opportunity in California’s most burdened communities while reducing pollution that causes climate change. Hercules does not have disadvantaged communities defined within the city limits and would not qualify for targeted investments.
Senate Bill 379 – adopted 2015
Requires the Safety Element to include a climate change vulnerability assessment, measures to address vulnerability, and comprehensive hazard mitigation and emergency response strategies. Addressing these topics is required upon the next revision of a local hazard mitigation plan on or after January 1, 2017, or, if the local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022.
Senate Bill 1000 – adopted 2016
Requires either a separate new Environmental Jus tice Element or related goals, policies, and objectives integrated into other Elements, if the jurisdiction has a disadvantaged community according to the Office of Environmental Health Hazard Assessment’s CalEnviroScreen tool. Although the City of Hercules continues to have no designated disadvantaged communities, the City will consider integrating Environmental Justice related goals, policies, and objectives into other Elements as they are updated.
Senate Bill 1425 – adopted 2022
SB 1425 requires the City to update the Open Space Element by Jan. 1, 2026 to include plans and an action program that address specified issues, including climate resilience and other co -benefits of open space, correlated with the Safety Element.
Assembly Bill 1889 – adopted 2022
AB 1889, the “Room to Roam Act,” requires cities and counties to consider the effect of development on wildlife movement and habitat connectivity in the adoption or next revision of their general plan conservation element beginning on January 1, 2028.
325
City of Hercules 202 4 General Plan Annual Progress Report 6 Specific Plans and Planned Developments
New Pacific Properties Specific Plan
The neighborhood now known as Victoria By the Bay is built on a former refinery site. The Pacific Refinery Company operated in Hercules from 1966 to 1995 and dedicated the land to the City in 2000. In April 2000, the City adopted the New Pacific Properties Specific Plan, which was intended to provide for the orderly and efficient development of the Specific Plan area in accordance with the provisions of the City’s General Plan.
The plan contains development standards and design guidelines that apply only to properties within the Specific Plan area and are intended to implement the goals, objectives, and policies of the City’s General Plan.
The plan area included 206.3 acres of land, flanked by San Pablo Bay to the west, the community of Rodeo to the north, Interstate 80 to the east, and North Shore Business Park and the future Hilltown project to the south.
Central Hercules Plan
In July 2001, the City of Hercules created the vision for the Central Hercules Plan (CHP) through a design session involving the community and a team of design professionals. Traditional urban design conventions were applied to create a palette of street types that form the Central Hercules Plan area's four districts: the Waterfront District, the Central Quarter, the Civic Center/Hospitality Corridor, and the Hilltown. The Regulating Code is further divided into eight distinct street t ypes: Four‐ Lane Avenue; Two‐Lane Avenue; Main Street; Town Center
Street; Neighborhood Street; Neighborhood Land; Two‐Way Edge Drive; and One‐Way Edge Drive. The Central Hercules Plan was codified by adopting the New Town Center Zoning district, which still applies to the area between Willow Avenue and State Route 4. Since its adoption, development within the CHP area has been of a conventional suburban character, and portions of the CHP area were rezoned to General Commercial or Community Commercial as sho pping centers were
developed.
Central Hercules Plan
Central Hercules Plan Build-Out Scenario
326
City of Hercules 202 4 General Plan Annual Progress Report 7 Waterfront District Master Plan Illustrative Build-Out Scenario Waterfront District Master Plan
The Hercules Bayfront is envisioned as a transit -oriented, traditional neighborhood mixed-use project within the Hercules Waterfront District. The Hercules Bayfront has been initiated as the final stages of the Hercules Waterfront District Master Plan (HWDMP) , a Planned Development plan prepared in 1999 -2000 and unanimously adopted on July 25, 2000. To implement the mixed-use district concept called for by the General Plan and Zoning Ordinance, the Waterfront District Master Plan organizes development within its boundaries as a traditional neighborhood and several distinct mixed-use sub-districts.
In 2008, the City amended the Waterfront District Master Plan by a developer -sponsored voter initiative, establishing a form-based code to regulate and provide detailed development and design standards for the undeveloped portions of the Historic Town Center, Transit Village, and Herc ules Point sub-districts. The 2008 Initiative facilitated the completion of the Hercules Waterfront as a transit-oriented neighborhood mixed-use project by:
Amending the General Plan Diagrams, Land Use Element, Open Space/Conservation Element, Growth Management Element and Hazardous Waste Management Element, and the Zoning Ordinance to:
o designate the Hercules Point as Open Space and allow both active and passive uses subject to any needed remediation;
o allow mixed-use neighborhood and residential uses within the Historic Town Center area; o add the Administration Building of the former Hercules Powder Company to the list of buildings encouraged to be retained, where feasible, for public or private use; 327
City of Hercules 202 4 General Plan Annual Progress Report 8 o add marina use, including boat slips and docks, to the perm issible uses for submerged and tidal land to the north and south of Hercules Point and permit the inclusion of public restroom facilities within areas designated as Waterfront Commercial (WC); o increase allowable residential density to 40 units per acre and permissible building height to no more than eight stories within areas designated as Planned Commercial -Residential (PC- R); and
o rezone property within various designated sub -districts, including bringing two properties containing historic buildings into the Central Hercules Plan area.
The current master developer, Ledcor, is proposing a hotel, multifamily, and attached housing for the remaining portions of the master plan, as shown in the illustrative drawing below. While the City’s Housing Element update was under review, Ledcor took advantage of the Builder’s Remedy and SB 330 processes to propose lower-density ownership housing rather than the previously envisioned rental multifamily.
General Plan Overview
This section provides an overview of the current City of Hercules General Plan and major long-range planning initiatives undertaken by various City departments.
Land Use Element
The Land Use Element’s central role is correlating all land use issues into coherent and consistent development visions and implementing policies . Its goals, objectives, policies , and programs relate directly to all other Current Ledcor Proposal
328
City of Hercules 202 4 General Plan Annual Progress Report 9 Elements. The Land Use Element designates the proposed general distribution, location, and extent of land uses for housing, business, industry, open space, education, public buildings and grounds, waste disposal facilities, and other public and private land uses.
The 1998 Land Use Element was written when Hercules’ population was approximately 18,900, residing in 6,345 housing units. By the 2020 Census, Hercules’s population had increased to 26,016, living in 9,165 housing units. Census estimates for 2022 showed a population of 26,041 inhabitants living in 9,301 housing units.
The Land Use Element was developed at a time when much of Central Hercules was still awaiting development, and the Hercules Redevelopment Agency had the power to assemble land, use Tax Increment Financing, and generally facilitate project development in ways that are no longer possible, given the dissolution of redevelopment agencies statewide in 2011. While the Land Use Element and corresponding Land Use Map have been amended to change land use designations related to specific projects, a comprehensive update of the Element would provide an opportunity to envision the future of the community’s land use in a holistic and internally consistent manner, update goals and objectives as needed to reflec t today’s situation, identify necessary infrastructure upgrades, and consider updated or additional policies and programs.
FEMA Floodplain Review
California Government Code Section 65302(a) requires the Land Use Element to identify areas covered by the General Plan subject to flooding and mandates that the G eneral Plan shall be reviewed annually concerning those areas.
As development occurred during the proceeding years , flood control improvements were constructed to el iminate flood hazards in each neighborhood and subdivision. The 1998 Land Use Element identified Refugio Creek, which traverses the City from southeast to northwest, as a source of flooding hazards. However, in 1998 the portion of the Refugio Creek basin west of San Pablo Aven ue had not been developed . Before approval of the Bayfront development, flood control improvements were made to eliminate flood hazards , which are reflected in Letters of Map Revision from the Federal Emergency Management Agency.
A Letter of Map Revision (LOMR) is the Federal Emergency Management Agency’s (FEMA) modification to an effective Flood Insurance Rate Map (FIRM), Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on implementing physical measures that affect a flooding source's hydrologic or hydraulic characteristics.
In 2005 (FEMA) issued a Letter of Map Revision (LOMR ) for the west branch of Refugio Creek from approximately 100 feet downstream of Sycamore Avenue to just downstream of Union Pacific Railroad and Refugio Creek approximately 150
downstream of San Pablo Avenue.
In 2009, FEMA issued a (LOMR) for Refugio Creek just downstream of Coronado Street to approximately 3,500 feet upstream of Refugio Valley Road.
Reasons to Update
Land Use Element
Population/employment
based on 1990 Census
City reached GP’s
projected 2010 housing
units by 2020, but has
5,000 fewer jobs than
GP’s 2010 projection
Dissolution of
Redevelopment Agency
Missing subsequent
major developments:
o Safeway
o Hilltown
o Central Hercules Plan
o Waterfront initiative
329
City of Hercules 202 4 General Plan Annual Progress Report 10 In 2011 , FEMA issued a LOMR for Refugio Creek just downs tream of Coronado Street to just downstream of Refugio Valley Road.
In 2017 , FEMA updated Hercules Flood Insurance Rate Maps to incorporate new information and changed conditions.
In 2019, FEMA issued a LOMR for the west branch of Refugio Creek from appro ximately 750 feet downstream of Sycamore Avenue to just downstream of Sycamore Avenue and Refugio Creek upstream of Tsushima Street bridge to just downstream of San Pablo Avenue. This LOMR was to reissue a portion of a previously approved LOMR that was inadvertently not incorporated into the 2017 FIRM panel update.
Circulation Element
On February 27, 2018, the City of Hercules adopted a comprehensive update to the Circulation Element, which updated the City’s previous Circulation Element adopted in 1998. The update was needed given the land use and regulatory changes over the last 20 years within Hercules and the region. The updated Circulation Element includes policies that promote the development of “Complete Streets” in accordance with Assembly Bill 1358, the California Complete Streets Act.
The Circulation Element is consistent with and helps to implement other regional plans, including Plan Bay Area, Regional Transportation Improvement Program, Countywide Comprehensive Transportation Plan, Countywide Congestion Management Program , Countywide Bicycle and Pedestrian Plan, and Measure J Transportation and Growth Management Program.
As discussed in the Growth Management Element section, the Measure J Growth Management Program (GMP) requires loc al jurisdictions within Contra Costa County to adopt a Growth Management Element and participate in a cooperative, multi-jurisdictional planning process, among other requirements. As part of the multi-jurisdictional planning process, jurisdictions work wi th Regional Transportation Planning Committees (RTPCs) to develop Action Plans for routes of regional significance. The RTPC that Hercules participates in is the West Contra Costa Transportation Commission (WCCTC). The intent is that jurisdictions work tog ether to ensure that the transportation impacts of local land use decisions are planned for and mitigated countywide.
Housing Element
The Housing Element identifies ways in which the housing needs of existing and future residents can be met and responds specifically to conditions and policy directives unique to Hercules. Every eight years, future housing needs are determined for each region of the state, based on growth over a specified period (projection period), through the Regional Housing Ne eds Allocation (RHNA) process. The RHNA process uses projected population growth to determine housing and affordability needs relative to household incomes and estimates how many new units are needed to meet those needs.
Government Code §65400 requires that each city, county, or city and county, including charter cities, prepare an annual progress report (APR) on the status of the housing element, using forms (Excel tables) and definitions adopted by HCD. The APR is submitted to HCD and the Office of Planni ng and Research (OPR) by April 1. The Housing Element Annual Progress Report provides a detailed analysis of the progress to ward each individual Housing Element program. The City Council approved the City’s Housing Element APR for 202 3 on March 12, 2024. During 2024, the primary focus of the housing effort was on completing the City’s 2023-2031 Housing Element; however, the implementation of the Housing Element did continue during the update. 330
City of Hercules 202 4 General Plan Annual Progress Report 11 Housing Unit Production
The 2023-2031 Regional Housing Needs Al location (RHNA) and Housing Element period is referred to as the “sixth cycle” since it is the sixth required update since the housing element law was revised by the state legislature in 1980. The City ’s progress toward its Regional Housing Needs Allocatio n (RHNA) targets is measured by reporting the total number of units that received a building permit. Table 2 shows the progress made toward the city’s RHNA allocation for the planning period of 2023-2031.
Table 2 - Regional Housing Needs Allocation Progress
Income Level RHNA
Allocation
2024
Progress
Total
Progress
Remaining
Allocation
Very Low* Deed Restricted 334 0 0 334
Non-Deed Restricted 0
Low Deed Restricted 198 1 1 197
Non-Deed Restricted 0
Moderate Deed Restricted 126 0 0 126
Non-Deed Restricted 0
Above
Moderate
347 15 17 330
Total 995 16 18 977
*Units serving extremely low-income households are included in the very low-income RHNA progress and must be reported separately in the extremely low-income category of the Housing Element APR. Extremely low-income housing needs are determined pursuant to Government Code 65583(a)(1) and are accordingly presumed to be half of the very low-income RHNA.
In addition to tracking building permits issued, the City also monitors the number of hous ing entitlements approved.
Accessory Dwelling Units
In February 2021, the City Council adopted an updated Accessory Dwelling Unit (ADU) ordinance to align with prior changes to state law. State legislation was passed in late 2019 that streamlined and clarified the State’s evolving ADU requirements, expanded opportunities for new ADUs, and limited the applicability of local zoning controls and requirements for certain ADUs. The City approved planning and building permits for two accessory dwelling units in 2024. The City amended its zoning code to reflect changes in state ADU law in January 2023 and again in January 2025 to reflect SB 477 and SB 1211.
Senate Bill 9
Senate Bill (SB) 9 (Atkins) was signed into law by Governor Newsom on September 16, 2021 , and became effective January 1, 2022 . It allows a single -family zoned parcel (including single -family Planned Unit Developments) to be subdivided into two parcels and two residences to be constructed on each parcel and to be approved ministerially if certain requirements are met. On June 6, 2022, the City Council adopted Ordinance No. 543, implementing SB 9 to provide guidance and procedures for second units and urban lot splits. In January 2023 and again in January 2025, the City Council amended the SB 9 ordinance to be consistent with changes in state law, including SB 450. The City developed objective design standards for SB 9 Two-Unit Developments and Urban Lot Splits and created applications, handouts, and a website to explain the new law. To date, there has been minimal interest in such projects, and staff received no inquiries in 2024. 331
City of Hercules 202 4 General Plan Annual Progress Report 12 Open Space & Conservation Element
The Open Space and Conservation Element provides direction for land use decisions regarding recreation, open space, and natural resource-oriented uses, consistent with the goals, objectives, and policies of the Land Use Element. In addition, the element addresses the management of these open space uses and natural resources.
The Open Space and Conservation Element was last amended in 2015 with the 5 th Cycle Housing Element in accordance with Assembly Bill (AB) 162, which revised California Government Code Section 65302 . AB 162 requires Conservation and Safety Element s to consider the extent to which those elements address the flooding and hy drology issues within the jurisdiction.
Hercules is a semi -urban, largely built -out community with several natural resources, including upland open space hills, waterfront, creeks, and wetlands.
The city has approximately 800 acres of open space with trails, predominately located along Refugio Creek and the hills on the city’s east side . Sensitive habitats exist in the wetlands along the San Francisco Bay shoreline, along Refugio Creek, and in the open space hills.
The 55-acre Refugio Valley Park includes Lake Refugio, which acts as a water collection and filtering body for the upper watershed of Refugio Creek and adjacent neighborhoods. The 26-acre San Pablo Bay waterfront park is a buffer for sea-level rise, and the East Bay State Regional Park District lands pond acts as a rainwater capture and filter for upland road and property run -off before exiting to the Bay. A 1986 Shoreline Feasibility Study identified future trail alignments for pedestria n, bicycle, and equestrian trails linking the shoreline and Historic Hercules to San Pablo Avenue , many of which have been constructed. Boardwalks are planned over the marsh/wetlands inland and parallel to the shoreline. Hercules participated in the Associ ation of Bay Area Governments’ 2024 “refresh” of the Plan Bay Area Priority Conservation Areas.
Hercules has two PCAs within its boundaries: the Central Hercules and Waterfront District PCA and the Pinole Creek Watershed PCA. These conservation areas are important for climate adaptation and urban greening.
Parks and Recreation Facilities Master Plan
In 2024, the City of Hercules adopted its first-ever Parks and Recreation Facilities Master Plan to identify needs and priorities for its parks and recreation facilities. The project team identified community needs and desires through open houses, workshops, online surveys, and pop -up events. The Master Plan assessed the existing park system and identified potential new parks and recreation facilities and priori ties for improving and enhancing existing parks . The plan will help the City strategically allocate resources and leverage grant opportunities to ensure community needs can be met and will help to inform the planned update of the Open Space and Conservation Element.
Recent Legislation
A 2022 state law, SB 1425, requires the City to update the Open Space Element by Jan. 1, 2026 to include plans and an action program that address specified issues, including climate resilience and other cobenefits of open space, correlated with the Safety Element. Another 2022 state law, AB 1889, the “Room to Roam Act,” requires Reasons to Update
Open Space &
Conservation
Element
Reflect 2024 Parks &
Recreation Facilities
Master Plan
SB 1425 requires update
by January 2026
AB 1889 requirements
Based on a 1996
population of 19,400
Standards for parks and
open space acreage may
need reconsideration
332
City of Hercules 202 4 General Plan Annual Progress Report 13 cities and counties to consider the effect of development on wildlife movement and habitat connectivity in the adoption or next revision of their general plan conservation element beginning on January 1, 2028.
Conservation Projects
Several existing and proposed open space conservation projects in various stages of development should also be reflected in any future update of the Open Space and Conservation Element. These include the John Muir Land Trust’s acquisition of 484 acres of open space, trails , and grazing in Franklin Canyon and the City’s November 2022 agreement with the John Muir Land Trust for evaluation of the Refugio Creek Conser vation Easement prior to the potential transfer of the easement and its mitigation obligation. The City invested time and resources toward the potential restoration of the 12-acre Chelsea wetlands. The project received nearly $2 million in grants for plann ing and environmental work and has a certified Final Initial Study/Mitigated Negative Declaration. However, the withdrawal of the project sponsor has rendered this project inactive. The 2008 “Waterfront Now!” initiative amended the General Plan to designat e as open space Hercules Point, a roughly 11-acre peninsula of City-owned land that is currently cut off by railroad tracks from the rest of the waterfront. The planned update of the Open Space and Conservation Element could include goals, objectives, and policies to further the objective of providing safe public access to the Point via a grade-separated crossing of the railroad, which is a key component of the planned Hercules Hub intermodal transit station.
Safety Element
On May 25, 2021, the City of Hercules adopted a comprehensive update to the Safety Element. An update of the Safety Element was needed , given the land use and regulatory changes that took place over the last 20 years and in response to the ongoing technological evolution. The Safety Element is the primary document linking land use and conservation decisions to local safety planning. The goal of the element is to reduce the potential short- and long-term unreasonable risk of death, injuries, property damage, and economic impacts resulting from the effects of natural and non -natural hazards. In addition to legally mandated content, other issues included in the Safety Element are at the discretion of the local government. This element includes general hazard, risk reduction, and avoidance strategies; climate change vulnerability and measures to address those vulnerabilities; emergency response priorities; and comprehensive hazard mitigation to minimize disruption and expedite recovery following disasters.
The Safety Element includes the City of Hercules Local Hazard Mitigation Plan, which was adopted in 2021 and will be updated in mid-2025, as discussed below.
Local Hazard Mitigation Plan
Throughout 2024, the City worked in collaboration with Contra Costa County and participating cities and special districts in the county to prepare an updated countywide Local Hazard Mitigation Plan, with annexes for each of the participating jurisdictions and special districts . Having completed review by CalOES and FEMA, the Hercules annex will be adopted as part of the General Plan’s Safety Element in mid-2025.
The Local Hazard Mitigation Plan (LHMP) provides an overview of the regulatory, administrative, technical, financial, educational and outreach capabilities of the Hercules community , confirming the City’s ability to reduce long-term vulnerabilities to hazards. A risk assessment included in the LHMP lists 20 hazards, with the top three Hercules hazards shown as earthquake, landslide and heavy rainfall. The hazard ranking process involved an assessment of the likelihood of occurrence for each hazard, along with its potential impacts to people, property, and the economy. It is important to note that the LHMP also includes a rating of the City’s Community Resilience , which is rated as Relatively High . The Relatively High rating indicates that our 333
City of Hercules 202 4 General Plan Annual Progress Report 14 community has the ability to prepare for anticipated natural hazards, to adapt to changing conditions and to withstand and recover rapidly from disruptions. To address identified risks and vulnerabilities to hazards, the City has prepared 17 mitigation measures. The mitigation measures offer a wide range of solutions from dredging Refugio Lake and replacing the aerator fountains to the creation of a Community Emergency Response Team (CERT).
Independently and in coordination with the County, City staff created and participated in a public outreach strategy to engage stakeholders and the public during the LHMP public comment period. Once adopted, the County and all other participants will revisit the plan to provide an annual progress update.
Noise Element
California Government Code Section 65302(f) requires that general plans contain a Noise Element to identify and quantify potential noise problems and provide effective noise control and mitigation policies. The City’s Noise Element, adopted in 1998 , remains compliant with OPR’s Guidelines for the Preparation and Content of the Noise Element of the General Plan . However, a comprehensive update to the General Plan , including the Noise Element , would likely identify changed noise conditions in the community due to increased development and traffic in Hercules.
To the extent practicable, the element analyzes and quantifies current and projected noise levels in the community. Information provided by noise exposure contours for both near and long-term levels of growth and traffic activity becomes a guideline for use in the development of the Land Use Element to achieve noise -compatible land use. The noise exposure contours also provide baseline noise levels and noise source identification. The Noise Element includes policies that address existing and foreseeable noise problems. The adopted Noise Element is a guideline for compliance with the state's noise insulation standards.
Hazardous Waste Management
In the 1900s, the City of Hercules began as a company town known for producing dynamite and gunpowder.
In 1964, the production of fertilizer replaced the production of dynamite and black powder. Hazardous materials, utility production, and distribution have historically existed in the community side -by-side with residential and commercial uses. Pacific Gas and Electric (PG&E) maintains an electric substation along Willow Avenue, east of the I-80 off-ramp. Underground oil and gas pipelines traverse the city, as well as a gas pipeline pumping station in a PG&E easement on City -owned land. In addition, the Union Pacific Railroad distributes goods and hazardous materials through Hercules to the Chevron Richmond Refinery and waterfront shipyards in Richmond.
In September 1986, Assembly Bill 2948 was passed, authorizing counties and cities in California to prepare Hazardous Waste Management Plans (HWMPs). Subs equently, Hercules prepared a plan to conform with federal, state, and county hazardous waste laws, policies, and regulations. The City intended to develop an integrated approach to hazardous waste management at the local level and enhance cooperation between the City and other affected jurisdictions. The Hazardous Waste Management Plan is not a required Element of the General Plan and therefore has not been updated regularly.
Reasons to Update
Noise Element
Outdated noise contour
maps
New technologies and
mitigation measures
Increased development
and changed noise
sources
334
City of Hercules 202 4 General Plan Annual Progress Report 15 The Hazardous Waste Management Plan recognizes that the safe and effective management of hazardous waste will protect public health and the environment in the City of Hercules. The Element focuses on land uses and facility siting criteria, inventory of existing waste facilities, hazardous material transportation, and effective management.
Since 1990, industrial production and storage of hazardous materials have ceased, and large areas of legacy contamination have been cleaned up. A comprehensive update to the Hazardous Waste Management Plan, or review of the continued need for such a plan, would be beneficial in prioritizing the use of City resources.
Economic Development
The Economic Development Element of the General Plan established the policy basis and conceptual fr amework for pursuing economic development in Hercules in past decades . In August 1989, the City Council initiated a process for establishing an economic development program following a period of rapid grow th and anticipated continued growth in residential, retail, commercial, and industrial development.
The first step of developing an economic plan was to appoint a twenty- one-member Economic Development Strategy Planning Task Force. The Task Force developed a series of development goals, strategies , and objectives, which the City Council adopted as the Economic Development Strategy Plan (Element).
Since the Economic Development Element was prepared and adopted over 25 years ago, significant developments have significantly altered the City’s economic situation. These include external economic cycles such as the 2001 “Dot-Bomb” recession, the 2007-2009 Great Recession, and the 2020 Covid-19 Recession, as well as the state’s 2011 elimination of redevelopment agencies and the City’s own financial and governance crisis in approximately 2007 -2011. The industry -wide contraction in retail space demand due to the rapid growth in online shopping , combined with retail developers’ reliance on suburban formats with ample onsite parking, have made it challenging to lease the ground-floor retail spaces in new urban mixed-use developments across the United States, and Hercules is no exception.
Beginning in 2022, Covid-19 relief funding helped the City develop and implement new economic development programs, including a popular “Shop Local” bonus gift card redeemable at local merchants . The City is participating in regional economic development initiatives along Contra Costa County’s Northern Waterfront, including the Green Empowerment Zone established in 2022; prepared a community profile and retail “leakage” analysis in 2022; and established a new Business Attraction Grant program in 2023 to help attract new eating and drinking establishments by assisting qualified business owners with move-in costs for vacant retail spaces. Two of these grants have already been awarded and two more are under review.
The City Council’s strategic goals include establishing a comprehensive economic development strategy. The General Plan process provides a good opportunity to engage economic development professionals as part of the team, who will assess current economic trends and conditions, update the Economic Development Element Reasons to Update
Economic Development
References to redevelopment
agency should be removed
Not a required element but
related to many required
elements and must be
consistent
New mixed-use and
commercial developments
should be analyzed and
included in the element
Changed economic climate
with growth of online
shopping and remote work
335
City of Hercules 202 4 General Plan Annual Progress Report 16 to reflect current conditions and trends, and recommend policies and programs to guide staff and policy makers following adoption of the updated Element.
Growth Management
The Measure J Growth Management Program, adopted by voters of Contra Costa County in November 2004, requires each local jurisdiction to meet the following six requirements:
Adopt a development mitigation program;
Address housing options;
Participate in an ongoing cooperative, multi-jurisdictional planning process; Adopt an Urban Limit Line (ULL);
Develop a five-year capital improvement program; and
Adopt a Transportation Systems Management (TSM) Ordinance or Resolution.
The 2013 Growth Management Element was updated to comply with the Measure J Growth Management Program (GMP) requirements. By adopting and implementing this Element, the city intends to establish a comprehensive, long-range program that will match the demands for multi-modal transportation facilities and services generated by new development with plans, capital improvement programs, and development mitigation programs. The Urban Limit Line is intended to promote compact urban development patterns that encourage efficient use of existing a nd future infrastructure and restrict infrastructure extension into areas where urban development is not planned.
The Measure J GMP, adopted by voters of Contra Costa County in November 2004, is a 25 -year extension of the previous Measure C Contra Costa Tr ansportation Improvement and Growth Management Program approved by voters in 1988. The program includes a half-cent transportation and retail transactions and use tax intended to address existing major regional transportation problems; Measure J extended the countywide sales tax through the year 2034. Measure J requires that tax revenues be dedicated to transportation projects in Contra Costa County and to implementing a Growth Management Program by all the cities and the County.
The Growth Management component is intended to ensure that future residential, business and commercial growth pays for the facilities required to meet the demands resulting from that growth.
336
City of Hercules 202 4 General Plan Annual Progress Report 17 General Plan Compliance with OPR’s Gen eral Plan
Guidelines and State Legislation
The Governor’s Office of Planning and Research (OPR) adopts and periodically revises General Plan Guidelines for the preparation and content of general plans, including detailed information on statutory requirements for the mandated general plan elements. This report found that the City’s General Plan elements generally comply with OPR’s 2017 General Plan Guidelines.
Element Recommendation Update Timeline
Land Use* (1998) Comprehensive update to remain
relevant given changed conditions
Reflect on recent plans/projects
Consider development feasibility
absent redevelopment power
As part of comprehensive
General Plan update anticipated
to begin in 2025
Circulation* (2018) Element is compliant As part of comprehensive General Plan update anticipated
to begin in 2025
Housing* (2024) Certified by HCD; compliant 7th Cycle or as needed Open Space * &
Conservation* (1998)
Comprehensive update to remain
relevant given changed conditions
Reflect Parks & Recreation Facilities
Master Plan recommendations
Climate change policies
Wildlife policies
As part of comprehensive
General Plan update anticipated
to begin in 2025
Safety* (2021) Element is compliant
Correlate with Open Space revisions
Updated LHMP to be adopted in
2025
Noise* (1998) Comprehensive update to remain
relevant given changed conditions
Updated LHMP to be adopted in
2025
Hazardous Waste
Management Plan (1990)
Comprehensive update to remain
relevant given changed conditions
Evaluate need for element as
part of comprehensive General
Plan update anticipated to begin
in 2025
Economic Development
(1991)
Comprehensive update to remain
relevant given changed conditions
Updated LHMP to be adopted in
2025
Growth Management
(2013)
Periodic updates in accordance with
Measure J
Not programmed
*Required Element
337
City of Hercules 202 4 General Plan Annual Progress Report 18 Comprehensive General Plan Update
The Community Development Department expects to begin a comprehensive update to the current General Plan in 2025. Considerable funding has accumulated from the General Plan Update fee collected on permits, but staffing limitations and competing priorities have limited the Department’s ability to take on this work.
Updating the General Plan is necessary to implement the Council’s strategic goal of creating a comprehensive land use strategy. Several elements of the City’s General Plan have not been comprehensively updated in many years, as shown below. The oldest elements – land use, open space and conservation, and economic development – are highly interrelated and would benefit from a comprehensive look at current development, economic and environmental trends, and initiatives. Also, during outreach and engagement for the Safety Element, there was considerable public advocacy to enhance climate change policies in the General Plan.
Elements anticipated to be comp rehensively updated through the forthcoming process are shown below in bold italics. Elements shown with an asterisk are required under state General Plan law, which allows two or more required elements to be combined. Other optional elements will be eval uated as to their continued relevance and need.
Hazardous Waste Management Plan – adopted 1990
Economic Development – adopted 1991
Land Use* - adopted 1998
Open Space* & Conservation* – adopted 1998
Noise* - adopted 1998
Growth Management – adopted 2013 (required by Measure J) Circulation* - adopted 2018
Safety* - adopted 2021, Local Hazard Mitigation Plan update to be adopted in 2025 Housing* - 6th cycle Housing Element (2023-31) adopted 2024 The planned comprehensive General Plan update will identify priorities for optimizing City codes and policies to attract the desired types of development on sites that have long remained vacant or underutilized. The update will provide the opportunity to make the entire General Plan current, consistent , and compliant with state laws and guidelines . It will also provide Herculeans and the City with a valuable and relevant guiding document for the community’s future over the coming decades. 338
DIS
CUSSION AND/OR ACTION
AGENDA ITEM
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 25, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Christopher Roke, Parks and Recreation Director SUBJECT: City-Chamber Co-sponsored Kids Expo
RECOMMENDED ACTION:
Staff recommends that the City Council receive this report and provide direction to staff.
BACKGROUND:
This item is presented in response to the City Council’s request for a “Welcome Baby” event to help families build resources and access activities that improve the well -being, development, and care of their children. Staff is proposing the return of th e Kids Expo, originally started in 2016, which was organized by the Hercules Chamber of Commerce at the Community Swim Center.
The last Kids Expo event was held in 2019 but was canceled in 2020 due to the COVID- 19 pandemic. The event has not returned. The Expo featured local partners and vendors who provided resources for youth development, childcare needs, and general family services. The event was traditionally held in early March to help families make decisions for their children's summer plans.
ANALYSIS:
In response to the Council’s request to host a “Welcome Baby” event, staff held an exploratory conversation with the Bayfront Chamber of Commerce to gauge interest in reviving the Kids Expo event for the 2025-2026 Fiscal Year. The Chamber of Commerce agreed that the community would benefit from a return of the Kids Expo event with some expanded features that would incorporate the Council’s desire for activities that improve the well-being and development of small children.
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Staff proposes collaborating with the Bayfront Chamber of Commerce to revive a City - Chamber Co -sponsored Kids Expo event for the community in a reimagined format, meeting the Council’s request.
The Chamber has expressed potential interest in this event and suggests that the best time to hold it is in early March before families finalize their summer plans. This proposed Co-sponsored event would be held in March of 2026.
FISCAL IMPACT:
Should the Council wish to pursue a City-Chamber Co-sponsored Kids Expo event in March of 2026, it would be necessary to allocate $5,000 in funding from the General Fund during the upcoming budget process.
ATTACHMENTS:
None
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