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HomeMy WebLinkAbout11-20-2013 Written Communications -redactedLEAGUE OF CAL1 FORN 1A 1400 K Street, Suite 400 •Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 CITIES www.cacities.org 2014 LEAGUE STRATEGIC GOALS Meeting in joint session November 7 - 8, 2013 the officers and directors of the divisions, departments, diversity caucuses, policy committees and board of directors of the League of California Cities adopted the following strategic goals for 2014:1 1. Provide New Options for Infrastructure Investment and Economic Development. Advocate for new tools, authority and funding to enable increased investment in state and local infrastructure and economic development to support expanded job growth and economic,opportunity for all Californians. 2. Expand Reform of Pension and Other Post - Employment Benefits (OPEB) Policies to Better Contain Long -Term Costs. Build on recent pension reforms and urge the adoption of additional measures to contain and manage the long -term growth of pension and OPEB costs, ensure the sustainability of these employee benefits, and protect the capacity of cities to adequately fund vital public safety and other community services. 3. Build Effective Partnerships to Help Respond to Growing Community Needs. Build effective partnerships with state and local officials and other organizations to promote local authority and funding sufficient to meet growing community needs. ` These strategic priorities are intended to encompass and supplement the resolutions adopted at the General Assembly at the League's 2013 Annual Conference concerning the important needs of cities in the area of water infrastructure and improved implementation of A6 109 public safety realignment. Update on Legislative Proposals to Lower Local Vote Thresholds' Since Legislative Democrats obtained a "supermajority" (at least two- thirds of all seats in both the Assembly and the Senate) discussions have begun about the prospect of placing one or more constitutional amendment measures on the 2014 ballot. One option is to provide more flexibility for local governments to raise revenue, typically by reducing a two- thirds voter threshold to 55 percent. Several measures have been introduced so far. They represent efforts by legislators to stake political ground for the future discussions. Consensus will have to be achieved in the Legislature on what to place before the voters. The variety of the proposals highlights different approaches and legislative priorities. These differences will need to be reconciled because many amend the same sections of the Constitution and the placement of measures on the ballot requires a two- thirds vote in each house. Voter preferences and polling- will -also shape- the -final decisions, - because any such - measure -will require voter approval at the statewide ballot in 2014. In May, the Senate Governance and Finance Committee held a hearing on all the pending Senate measures. At the request of various authors, the League sent letters of support on a number of them. None of these measures are finished products, so the League also encouraged the authors and stakeholders to begin to coordinate. While the Senate proposals passed the Committee, it is expected that they will not be pursued further until next year. In early June the League also sent a support letter on ACA 8 (Blumenfield), upon the request of the author, who wanted to attempt to inject the issue into the budget discussions. While the author, as vice -chair of the Budget Conference Committee, was successful in raising the issue, it is not expected to become part of a budget agreement. • SCA 3 (Leno) 55% Vote for School Parcel Taxes: Authorizes the imposition, extension or increase of a parcel tax by a school district, county office of education or a community college district with a 55% vote. The measure must specify the programs and services to be funded. Provides for an annual audit and the creation of a citizens oversight committee. Prohibits funds from paying for administrator's salaries. Authorizes homeowners over 65 years of age or disabled to request and be provided an exemption from the tax. Allows the tax to be increased annually based upon the rate of inflation. • SCA 4 (Liu) and SCA 8 (Corbett): 55% Vote for Transportation Special Taxes: These twc measures are identical in drafting and authorize the imposition, extension or increase of a special tax by a local government with a 55% vote to provide funding for local transportation projects. Requires the Legislature (in later legislation that would follow voter approval of the measure) to define "local transportation projects." League Position: Support • SCA 7 (Wolk) 55% Vote for Library Parcel Taxes, Special Taxes and Bonded Indebtedness: Authorizes the imposition, extension or increase of a parcel tax, special tax or the issuance of debt backed by ad valorem property taxes for funding public libraries by a city, county, city and county, or special district with a 55% vote. League Position: Support • SCA 9 (Corbett) 55% Vote for Special Taxes for Local Community and Economic Development: Authorizes the. imposition, extension or increase of a special tax for As of June 7. 2013 funding local community and economic development public projects by local government with a 55% vote. Defines "community and economic development" to include projects that improve, upgrade or revitalize areas that have become blighted because of deterioration, disuse or unproductive economic conditions. League Position: Support SCA 11 (Hancock) 55% Vote for Parcel Taxes and Special Taxes for Local Purposes: Authorizes the imposition, extension or increase of a parcel tax or a special tax for general local government purposes. This is the most flexible of the measures introduced so far and allows more discretion for affected communities to identify their priorities. League Position: Support ACA 3 (Campos) 55% vote for Public Safety Buildings and Supplemental Services Special Taxes and Bonded Indebtedness: Authorizes the imposition, extension or increase of a special tax or bonded indebtedness for funding the construction of local public safety buildings and augmenting public safety services with a 55% vote. ACA 8 (Blumenfield) 55% vote for Public Safety. Buildings Bonded Indebtedness: This measure authorizes bonded indebtedness with a 55% vote for funding a wide variety of infrastructure, public improvements and local public "safety buildings. League Position: Support Democracy. Plan Bay Area and Sustainable Development By Trish Cypher November 11, 2013 Democracy. Plan Bay Area and Sustainable Development Introduction Planning (also called forethought) is the process of thinking about and organizing the activities required to achieve a desired goal.1 In their book, Fulton and Shigley present planning in the context of urban and regional planning: the intensity and geographical arrangement of various land uses in a community or what gets built where.z In this paper, Plan Bay Area will be discussed with respect to its development, relationship to State legislation and implementation in the 101 cities and nine counties of the San Francisco Bay Area of California and its impacts on our form of government. While historically, city general plans have reflected the land use preferences of the residents, recent changes in legislation have created a new dynamic, with the State legislating land use in ways that usurp local government control. Plan Bay Area is the combination of a regional housing plan and a regional transportation plan referred to as a sustainable community strategy in response to Senate. Bill 375 and State housing element laws to address the perceived threat of climate change, our impacts on the natural environment and affordable housing. There is much controversy on the topic of climate change.3 Opinions range from climate change deniers to those who view it as the most profound existential threat of our time. Many folks are surprised to learn that the climate has changed both drastically and gradually many times throughout the approximately 4.54 billion years of the existence of 1 http: / /en.wikipedia.org /wiki /Planning 2 Fulton,. William, and Shigley, Paul, 2012, Guide. to California Planning, 41h edition, Solano Press Books. Pg. 8. 3 http: / /www.cbsnews.com /830.1- 205_162- 57603772/ K the earth. These changes are recorded in the geologic record of sedimentary, igneous and metamorphic rock formations. Background Decades ago the U.S. Congress, in an effort to address the contamination and pollution issues of the time, passed the National Environmental Policy Act of 1969 (NEPA). The reality of burning rivers and the persistence of DDT in the environment shattering the thinned eggs of eagles as they lay on them gave environmental regulation needed support. Shortly thereafter, concern for the environment appeared on the world stage with the first United Nations "Convention on Wetlands of International Importance especially as Waterfowl Habitat, International Conference on Conservation of Wetlands and Waterfowl ", February 1971, Ramsar, Iran. Following the work of the President's Environmental Quality Council, environmental policy advanced in the United States of America and the San Francisco Bay Area byway of commitments made at the Earth Summit in Brazil in 1992 as sustainable development. Presidential Executive Orders set up the President's Council on Sustainable Development (PCSD)4. From this Council came reports titled: Sustainable America, A New Consensus for the Prosperity, Opportunity and a Healthy Environment for the Future and Towards a Sustainable America. The Sustainable America report states: "The Council adopted the Bruntland Commission's definition of sustainable development:" s The Towards a Sustainable America publication states: "the Bay Area Alliance for Sustainable Communities (BAASC) grew out of Sustainable America's recommendation to encourage regional 4 United Nations Conference on Environment and Development (UNCED), Rio de Janeiro, 3 -14 June 1992. Informal name, The Earth Summit. 5 http: / /clinton2.nara.gov /PCSD /Publ ications /TF_Reports /amer - top.html 3 alliances and collaborative processes. "6 In the Earth Summit context, sustainability is defined as "the ability to meet the needs of the present without compromising the ability of future generations to meet their own needs." Sustainable development appears to be a land use change from urban, suburban and rural to urban, open space, agriculture and wild land /habitat. Multilateral corporate agreements on investments (MAI's) are another component of sustainable development. In Judith Innes's paper: "Taking the Three E's Seriously ", she states that, "In 1997 a small group of civic leaders representing the three E's— environment, economy, and equity— began BAASC to promote policies and actions to make the San Francisco Bay Area more sustainable." The three E's, environment, economy and equity are known as the three pillars of sustainable development as called out in "Our Common Future" 7. "Inspired by the President's Council for Sustainable Development, Sierra Club and Pacific Gas and Electric leaders enlisted the Bay Area Council, representing business and Urban Habitat, representing environmental justice and equity, along with the Association of Bay Area Governments (ABAG) representing regional agencies. This group has become the Steering Committee ". Innes further states in her paper: "The tacit mission was to change the patterns and practices of land use in the region to achieve a more compact, transit- friendly form of growth, which these leaders equated with sustainability." e Innes goes on to state that a report of the group's vision: "The Compact for a Sustainable Bay Area" was prepared. J. Gary Lawrence, an advisor to the U.S. President's Council on Sustainable Development, in 6 clinton2.nara.gov /PCSD /Publications /tsa.pdf 7 The meaning of "Sustainable Development' was defined and adopted at the Brundtland Commission meeting in 1987 with a report titled: "Our Common Future." 8 Innes, Judith, Taking the Three'E's Seriously: The Bay Area Alliance for Sustainable Communities 4 his Millennium Papers stated: "This segment of our society who fear `one -world government' and a UN invasion of the United States through which our individual freedom would be stripped away would actively work to defeat any elected official who joined'the conspiracy' by undertaking local Agenda 21(LA21).9 So, we call our process something else, such as comprehensive planning, growth management or smart growth. "10 The PCSD then contracted with the American Planning Association (APA) to implement the recommendations from the "Towards a Sustainable America" report. This APA report titled "Growing Smart Legislative Guidebook" is the implementation of "Towards a Sustainable America" and by extension Agenda 21 also known as sustainable development. This APA legislative guidebook was prepared under HUD cooperative agreement H- 59 -51- CA in 2002.11 The International Council for Local and Environmental Initiatives (ICLEI) an international non - profit, serves as a facilitator for local governments to implement sustainable development plans worldwide. This international mitigation plan for climate change and environmental management is being implemented in the State of California through passage of Assembly Bill 32, the Global Warming Solutions Act of 2006.12 AB32 seeks to limit greenhouse gas in three different areas of our economy. Limits to carbon emissions from light trucks and cars are the focus of Plan Bay Area. 9 Local Agenda 21: Rio Declaration on Environment and Development, United Nations Conference on Environment and DevelopmentA /CONF.151 /26 (Vol. 1) June 1992, Rio De Janeiro, Brazil, Agenda 21, United Nations Conference. on Environment and Development A /CONF.151/26 (Vol. 1), June 1992, Rio De Janeiro, Brazil 10 The Future of Local Agenda.21 in the New Millennium, Presented by J. Gary Lawrence at a UNED- UK /LGMB Seminar, London, England on 29 June, 1998 11 http:/ /www.planning.org /growingsmart/ 12 http:// www.arb.ca.gov /cc /ab32 /ab32.htm 5 Following the passage of AB32, another piece of legislation titled Senate Bill 375, the Sustainable Communities and Climate Protection Act of 2008 was passed in an effort to enhance California's ability to reach its AB32 goals by promoting good planning with the goal of more sustainable communities.13 Senate Bill 375 includes provisions for public participation in preparing sustainable community strategies by metropolitan planning organizations (MPO's), the regional governments of the State. As required by S13375, preparation of the One Bay Area Plan . included a process for public participation. The attendance at visioning sessions for the creation of the One Bay Area Plan and the percentage of the population providing input on this plan was very small. The requirement for public participation does not say the regional government needs to respond to any issues raised by the public and revise their plans based on those concerns, it says they must get public participation. This allows regional agencies to take public input and then ignore it. Is it a representative government, with your voice actually counting, when government agencies are going through the motion of taking input, but in fact that input means nothing in the process? Is this a process with public input just a box to check along the way? The public comments taken in preparation of the One Bay Area Plan and ignored, has resulted in a lawsuit against ABAG /MTC.14 The Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) controls $289 billion in Federal and State transportation dollars to be distributed through a One Bay Area Grant (OBAG) program over the next few decades. The 13 http:// www .arb.ca.gov /cc /sb375 /sb375.htm 14 Bay Area Citizens vs. Association of Bay Area Governments, Metropolitan Transportation Commission and Does 1 through 50, Verified Petition for Writ of Mandate, August 2, 2013. transportation grant criteria has been changed to support funding only those projects that meet the criteria for sustainable development. This has forced cities to go along with smart growth plans or lose needed funding. ABAG /MTC /BCDC /BAAQMD /CARB /SOS15 have created a super joint powers agency (JPA) called the Joint Policy Committee (JPC /JPA). This joint powers agency appears to be a sub- state or hybrid governance structure. This twenty member JPC /JPA board of appointed people and their implementation of sustainable development throughout the nine counties and 101 cities of the Bay Area is currently, virtually untouchable by our democratic process. Is this the nascent "One World Government" that J. Gary Lawrence spoke of? Society and Government Human kind exists within societies. Governments are created to protect the members of society from others within that society, to organize the functions of society for the common good and balance social order with freedom. Government's dictates are mandatory and our society's dictates voluntary. Freedom is the ability of one to choose for themselves how they live their lives in our society where government has not regulated those freedoms for the good of the whole. Our government is a republic, which means that the business of the government is the business of the people. Our founding fathers wrote a declaration of independence from the tyranny of the king of England deciding a nation ruled by laws was better than a nation ruled by men. To ensure that no person or group would amass too much power, the is Association of Bay Area Governments, Metropolitan Transportation Commission, Bay Conservation and Development Commission, Bay Area Air Quality Management District, California Air Resources Board, Secretary of State. 7 founder's established a government in which the powers to create, implement, and adjudicate laws were separated.16 Democracy is a form of government in which all eligible citizens participate equally— either directly or through elected representatives —in the proposal, development, and creation of laws. It encompasses social, economic and cultural conditions that enable the free and equal practice of political self- determination.17 We have, in the United States of America, a representative form of government. Regional government is composed of special districts, joint powers agencies, committees, commissions, council's of governments and metropolitan planning organizations separate from the City, County, State and Federal governments known to most people. This alternate government structure lacks the checks and balances of a three - branch government system and is poorly regulated with little or no accountability to the public. Regional government has been called shadow or hidden government because very few people know it exists, know what this government does, who sits on their boards and how they can voice their opinion or express concerns with what this government is doing. This type of government, run by appointed members serving on large boards, relies heavily on regional government staff for help and direction with policy. Table 1 is a comparison of this government vs. governance structure. 16 http: / /www.whitehouse.gov /our - government 17 http: / /en.wikipedia.org /wiki /Democracy 0 Table 1. Government vs. Governance Conclusions As usual, I am left with more questions than answers. The current policy driving implementation of sustainable development in the Bay Area and across the United States of America, is an extreme departure from the role of government as a body of the people, for the people and by the people. Self- governance is not self - government. Is the public participation model of SB375 as implemented by ABAG /MTC the nature of our planned future government? The growing power of regional government now seeking to control housing, transportation, land use, water, power and the economy represents a central government counter to our government structure and our democratic form of government and is fraught with potential for abuse. What do you call a government when the people have no say and can take no effective action to correct government abuse? What checks on power are there for a 0 Self- Government Self- Governance Leadership Elected representatives Appointed officials Role Representative of the voters Unknown Correcting lack of representation Recall power by the voters Recall power unable to impact removes and replaces official as quorum, affect proceedings. necessary Bad or illegal decisions Petition, Initiative or Referendum No initiative or referendum power power Taxation Ballot measure voting power No approval or diminished tax Usually 2/3's to pass approval power Public speech to the government Right to provide input to our Privilege to provide input to government unknown type of government Role in government Citizen The public /voter Stakeholder Meeting Format Agenda Agenda Multiple outcomes possible Pre - determined outcome Legislative remedy: protest and Does not generally apply Large population unaware of timeline proceeding not enough time to impact government activity Conclusions As usual, I am left with more questions than answers. The current policy driving implementation of sustainable development in the Bay Area and across the United States of America, is an extreme departure from the role of government as a body of the people, for the people and by the people. Self- governance is not self - government. Is the public participation model of SB375 as implemented by ABAG /MTC the nature of our planned future government? The growing power of regional government now seeking to control housing, transportation, land use, water, power and the economy represents a central government counter to our government structure and our democratic form of government and is fraught with potential for abuse. What do you call a government when the people have no say and can take no effective action to correct government abuse? What checks on power are there for a 0 central government committee like JPC /JPA that is virtually unknown to the people over which they wield great power? This type of government is likely a recipe for social unrest. Some of the development patterns occurring in the SF Bay Area likely reflect what would occur naturally separate from government smart growth policy implementation. Planning in the San Francisco Bay Area and ultimately the entire State of California through implementation of State legislation in the form of A1332, SB375 and proposed S131 reflects a disturbing trend in government. Are public private partnerships a corruption of our government giving undue influence to some while denying the average voter a voice in their government, giving power to a select few rather than to the whole? Is it perhaps time for our U.S. Congress to revisit NEPA and revise our environmental policy? Perhaps we need to ask ourselves how much land we need for nature and how clean our air and water needs to be? The term sustainable is not defined in Senate Bill 375 therefore its interpretation remains open in contrast to most law where the terms are defined and applied within the law itself. Those things that are not sustainable as defined in international documents amazingly enough point to the demise of modern civilization and collapse of capitalism.la Is this the world we want to leave our children and grandchildren? 1e17rom UNEP Global Biodiversity Assessment report 1995: Ski runs, grazing of livestock, cows, sheep, goats, horses, disturbance of the soil surface, fencing of pastures or paddocks, road and trail construction, fossil fuels used for powering machines, agriculture, modern farm production systems, chemical fertilizers, herbicides, building materials, industrial activities, human made caves (buildings of brick, mortar, concrete and steel,) paved and tarred roads, highways, rails, railroads, floor and wall tiles, aquaculture, technology improvements, farmlands, rangelands, pastures, fish ponds, plantations, modern hunting, harvesting of timber, logging activities, dams and reservoirs, straightening of rivers, power line construction, economic systems that fail to set a proper value on the environment, inappropriate social structures, weaknesses in legal and institutional systems, modern attitudes about nature: Judaeo- Christian - Islamic religions, private property, population growth, human population density, consumerism, fragmentation of habitat, cemeteries, derelict 10 Concerns about climate change and the environment are being used to implement an international environmental management system called Agenda 21 also known as sustainable development. Where is the pilot project for sustainable development that shows the end product and shows us what works and doesn't work with this untested idea? Where does emerging technology fit into sustainable. development to mitigate climate and address our resource challenges? Climate change, sea level rise, biodiversity and resource concerns for an increasing human population can likely be addressed through democratic means present under our existing system of government. The alternative is likely a growing dictatorship or oligarchy, which is counter to the principles of our Country and denies to the people any freedom that they might otherwise enjoy. Our increasingly interconnected society will likely require a form of constitutional amendment if we choose to officially join the world and retain our rights under the U.S. Constitution and Bill of Rights. While regional government has.an important coordination role, the idea of a central government regionally or internationally is fraught with the potential for abuse well beyond that of our less than perfect existing democratic government system. We appear to be in a transition stage between self - government and self - governance. If this continues, ultimately the effectiveness of our government system would be diminished or eliminated and replaced with the authority of a central government and dictates made somewhere else in the world as part of a One World Government of top down control of virtually every aspect of our lands, trash dumps, sewers, drainage systems, pipelines, land use that serves human.needs, fisheries, golf courses, scuba diving, synthetic drugs. Fragmentation of habitat through agricultural development, forestry, urbanization, impervious surfaces, construction of roads, power lines and pipelines. 11 lives. Isn't it possible to maintain our lifestyles and address our problems? Must we give up our freedoms and wear a hair shirt to save the planet and join the world? What can I do? Please let your friends, neighbors and coworkers know about rising regional government and State legislation that is trig to limit your voice in your government. • If you are eligible for United States citizenship, then become a citizen. • If you are a United States citizen, then register to vote. • If you are a registered voter, then learn about the candidates for office and the details of ballot measures and cast an informed vote. • If you are interested, then run for local office or get to know and support those candidates who will represent your interests in maintaining your voice in your government. • Contact your state legislators and ask them to sponsor or support legislation to rein in regional government and stop the funding and implementation of State law through regional government agencies. Ask them if the legislation they are supporting is constitutional. Your State Assembly Member and their contact info can be found here: http:// assembly.ca.gov /assemblymembers Your State Senate Member and their contact info can be found here: http : / /senate.ca.gov /senators Your California Governor and his contact info can be found here: Governor Jerry Brown, State Capitol, 1st Fl., Sacramento, CA 95814 Phone: (916) 445 -2841 Fax: (916) 558 -3160 email: governor @governor.ca.gov Contact your County Supervisors and your City Council members and let them know you want regional government agency agenda items approved by resolution at their County and City meetings and not at the regional government level where one appointed member gets to decide everything for your County and City without your local input. Ask them for information on special districts and other regional governments that include your County and /or City. • Contact your City Planning Commissioners and let them know about the One Bay Area Plan, sustainable development and regional sustainable community strategies under AB32, SB375 and proposed S131. Let them know you want to be included in planning your City's future. WE NEED BETTER GOVERNMENT, NOT MORE GOVERNMENT. 12 ORDINANCE NO. ORDINANCE OF [INSERT JURISDICTION] AMENDING SELECTED PROVISIONS OF [CHAPTER, DIVISION, SECTION] OF [INSERT JURISDICTION] ORDINANCE CODE.. RELATING TO PLUG IN ELECTRIC VEHICLE CHARGING SYSTEMS THE (INSERT'JURISDICTION HEREBY INTAKES THE FOLLOWING FINDINGS: I. FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 18941.5 AND 17958.7: The proposed Chapter XX, "Electric Vehicle Charging Systems" of [Division] of the [Insert Jurisdiction] Ordinance Code sets forth minimum or pre -wiring requirements for electric vehicle supply equipment in new development. The application'of these requirements will further the goals and policies of the [Insert Jurisdiction] General Plan regarding environmental protection and will reduce future greenhouse gas emissions in accordance with the goal's established under the Global Warming Solutions Act. To the extent the requirements of this ordinance are,deemed to constitute changes or modifications to the requirements of the'California Building Standards Code and the other regulations adopted pursuant to Health and Safety Code Section 1.7922,,this [City Council/ Board of Supervisors] expressly finds that the provisions.of this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions for at least the following reasons: (1) Plug in electric vehicles provide an altemative to vehicles with gasoline powered engines that use petroleum as an energy source. Petroleum is a non-renewable resource, and its availability is expected to decline in the future, leading to increased gasoline and transportation costs. The United States currently imports.b0.percent of the petroleum used domestically. ,/(2) Plug in electric vehicles derive: some or all of their energy from the electrical grid. Per Executive Order S -14 =08 and S8'X.1 =2, California's electrical grid is mandated to obtain 33% of all.energy from renewable resources by 2020. This shift towards the use of renewable energy resources will create a more reliable and sustainable source of energy over the long term. (3) Currently emissions from on -road vehicles are the largest source of greenhouse gases in California. According, the California Air. Resources Board, in 2011, emissions from passenger vehicles accounted for 27% of California's overall greenhouse gas emissions. According to the Bay Area Air Quality Management District, on -road vehicles account for over 32% of the total greenhouse gas emissions in the San Francisco Bay Area. Per the Global Warming Solutions Act, California is targeted to reduce its greenhouse gas emissions to 1990 levels by 2020. (4) Plug in electric vehicles create pollutants and greenhouse gas emissions that are substantially lower in comparison with a conventional gasoline powered vehicle. Plug in electric vehicle emissions are estimated by the California .Air Resources Board to be 75% lower than the Ord. XXXXXX Amending Electric Vehicle Charging Ordinance Pagel of4 average conventional gasoline - powered vehicle and 55% lower than the average conventional hybrid vehicle. (5) The availability of plug in electric vehicles is growing and will continue to expand over the next several years. The International Energy Agency projects that Plug in Electric Vehicles will account for up to 15% of the vehicle fleet globally by 2020. California Executive Order B -16 -2012 targets over 1.5 million plug in electric vehicles to be on the roadways by 2025. (6) The requirement to install pre- wiring for electric vehicle supply, equipment in new buildings will increase the availability and visibility of these charging systems, complimenting increased electric vehicle ownership by reducing "range anxiety"., Increased use of plug in electric vehicles will reduce the amount of emissions and pollutants emitted from passenger vehicles, benefitting the citizens of [insert jurisdiction]. H. FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA"), Public Resources .Code § 21000 -et seq.: - The adoption of this ordinance is categorically exempt,fiom `the requirements of CEQA pursuant to Section 15308 of the CEQA Guidelines (14 Cal., Code Regs. § 15308) because it is an action taken by a regulatory agency for the protection of the, environment and no exceptions to this categorical exemption apply. M. OTHER FINDINGS (1) The goals o£this ordinance are consistent with the [Insert Jurisdiction] General Plan, which sets forth goals'tominimize the environmental impacts of land development including increased vehicle emissions. (2) The regulation ofbuilding and parking "design, construction and operation lies with the realm,of police powdutraditionAlly assigned to states and their political subdivisions. (3)'Nothing in this ordinance `is intended to duplicate, contradict, or enter a field which has been fully occupied by, federal or. state law or regulation. THE [CITY COUNCIL / BOARD] OF THE [INSERT JURISDICTION] ORDAINS AS FOLLOWS: i SECTION 1: Division'X�KXX of the [JURISDICTION] Ordinance Code is amended to add Chapter XX as follows CHAPTER XX ELECTRIC VEHICLE CHARGING SYSTEMS Section 1. Purpose. Ord. XKXXXX Amending Electric Vehicle Charging Ordinance Page 2 of `The purpose of this chapter is to require pre -wiring for electric vehicle charging systems in new buildings to lower the cost for the future installation of those systems. By pre - wiring buildings and parking areas, future electric vehicle charging systems can be installed later at a minimal cost, accommodating for increased demand by owners of electric vehicles. Section 2. Definitions. The following definitions shall. apply to this chapter: (a) "Amp" is a unit of measurement of electrical current produced,in a.circuit by 1 volt acting through a resistance of 1 ohm. ; ' (b) "AC outlet" is an electrical outlet using alternating current. (c) "Conduit" is an electrical piping system used for protection and routing of electrical wiring. (d) "Electric Vehicle Supply Equipment" means the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs and all other fittings, devices;,power outlets or apparatus installed specifically for the purpose of delivering energy from the premises wiring to'the electric vehicle. (e) "Panel Capacity" means the amount of energy and capacity available within the electrical panel used by a building. Where,an automatic load management system is used, the maximum electric vehicle supply equipment, load on panel capacity shall be the. maximum load permitted by the automatic-load management ,system. Section 3. Pre - Wiring for - Electric Vehicle Supply Equipment Required. Effective [INSERT DATE], all projects listed below shall be'required to install the following pre - wiring for Electric Vehicle Supply Equipment as follows_ 1. For one and-two family dwell ngs,.provide a minimum of: a., One 208/240,V 40 amp, .grounded AC outlet, for each dwelling unit; or b. `Panel capacity and conduit for the future installation of a 208/240 V 40 amp, � grounded AC outlet; for each dwelling unit. The'conduit shall be. securely fastened at the main service or subpanel and shall terminate adjacent to the parking area. The conduit is required to be continuous at enclosed or concealed areas and spaces. 2. For other multi- family residential occupancies, provide a minimum of. a. A minimum number of 208/240 V 40 amp, grounded AC outlets equal to [XXJ percent of the total number of parking spaces. The outlets shall be located within the parking area; or b. Panel capacity and conduit for future installation of electrical outlets. The panel capacity and conduit size shall be designed to accommodate the future installation, and allow the simultaneous charging, of a minimum number of 208/240 V 40 amp, Ord. XXXXXX Amending Electric Vehicle Charging Ordinance Page 3 of 4 grounded AC outlets, that is equal to ["] percent of the total number of parking spaces. The conduit shall terminate within the parking area. 3. For non - residential occupancies, provide a minimum off-, a. A minimum number of 208/240 V 40 amp, grounded AC outlets equal to Pal percent of the total .number of parking spaces. The outlets shall be located. within the parking area; or b. Panel capacity and conduit for future installation of electrical outlets. The panel capacity and conduit size shall be designed to accommodate the future installation, and allow the simultaneous charging, of a minimum number of 208/240 V 40 amp, grounded AC outlets, that is equal to [,M percent of the total number of parking spaces. The conduit shall terminate within the parking area. Section 4. Severability. This ordinance and the various'partsthereof are hereby declared to be severable. Should any section of this ordinance be declared by a court to unconstitutional or invalid, such decision shall not affect the validity, of the ordinance as a whole, or-any-portion therof, other than the section so declared to be unconstitutional or. invalid. PASSED AND ADOPTED by the [Name of Jurisdiction]; State of California on by the following vote:_ APES: NOES: ABSENT ABSTAIN: (title of signature line, mayor, council chair, etc] ATTEST: CLERK `\ Ord. XXXXXX Amending Electric Vehicle Charging Ordinance Page 4 of 4 pity of Saratoga Adoption of the California Standard Codes November 20,, 2013 Overview ■ California Building Standards Code ■ Code adoption process ■ Local amendments ■ Saratoga amendments ■ Recommendation CA Building Standards Code ■ The Building Standards Code (Title 24) consists of many different codes: Administrative • Building • Residential • Electrical ■ Mechanical • Plumbing • Energy • Fire • Historic Buildings ■ Green Building Standards Code Adoption Process ■ California Building Standards Commission updates the Code every 3 years. State agencies amend the varies uniform and international codes used nation -wide • Adopted Code published July 2013 • Becomes effective January 2014 Local Amendments ■ Local jurisdictions can make amendments to the State Code Required findings of unique geographic, topographic or climatic conditions Required to have the same effective date as the State Code ■ May not be less protective Saratoga Amendments ■ Two amendments from the Tri- Chapter Uniform Code Committee for Bay Area Cities ® Concrete specifications in seismic zones ■ County Fire amendments for their member agencies Saratoga Amendments Reoccurring amendments unique to Saratoga ■ Administrative items (e.g. plan retention &permit expirations) ■ More restrictive roofing materials throughout the City ■ Stricter construction standards for accessory structures in the Wildland Urban Interface area ■ Fire sprinkler threshold of 3,600 A for remodels /additions to existing buildings Saratoga Amendments ■ 2 changes recommended to the City's reoccurring amendments ■ Change the threshold from 10% to 50% to trigger an upgrade of an existing roof to a Class A fire- retardant material • Match state requirement and adjacent cities ■ Remove requirement for garage sprinkler system Required by State Code Recommendation 1. Introduce and waive the first reading of the amended ordinance and direct the City Attorney to read the title of the codes to be adopted 2. Introduce the amended resolution 3. Call a public hearing for December 4, 2013 to consider adoption of the ordinance and resolution 4. Direct staff to publish notice of the proposed ordinance adoption 9 I A City of Saratoga �. Memorandum �gS 0I To: Saratoga City Council From: Crystal Bothelio, City Clerk Date: November 20, 2013 Subject: Written Communications on Non - Agendized Items After the agenda packet for the November 20, 2013 City Council meeting was prepared and posted, the City received the below written communication on non - agendized items: Memorandum from Heritage Preservation Commission Chair Paula Cappello, dated November 19, 2013 ti DATE: November 19, 2013 TO: Jill Hunter, Mayor City of Saratoga FROM: Paula Cappello, Chair Heritage Preservation Commission RE: .John Henry House Recommendation At the November 12, 2013 Heritage Preservation Commission meeting, the Commission discussed the proposed development at 14630 Big Basin Way. The Commission recommended that the City Council consider options for moving and reconstructing the John Henry House (built in 1869). currently located at 146' :.0 Big Basin Way. Potential locations included the Quarry Park, the Heritage Orchard. and the lawn area at City Hall near the corner of Fruitvale Avenue and Allendale Avenue. Please forward the Cominission's recommendations to the City Council for discussion. k--- 'q, Sap 7 wb SARATOGA CITY COUNCIL MEETING DATE: November 20. 2013 AGENDA ITEM: 8 DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor DIRECTOR: James Lindsay SUBJECT: Errata Sheet for Agenda Item #8 (Adoption of the Various 201.3 California Uniform Codes with Local Amendments) Based on discussions with the Santa Clara County Deputy Fire Chief, staff recommends one change to the proposed ordinance and several clarifying changes to the resolution adopting findings regarding the City's local amendments. The changes are presented on Attachment 1 to this memo. The changes: • Retain Chapter 4 of the 2013 California Fire Code by deleting proposed Section 16- 20.080 from the Ordinance. This will make the City of Saratoga's fire code consistent with local fire protection agencies' adopted and modified fire codes. • Clarify the findings resolution to more accurately describe the amendments and additions to the Fire Code made by the Ordinance. Finally; please note that there is text missing in the staff report at page 6 (page 59 of the full agenda). The table summarizing amendments to the 2013 Building Code the seventh row, third column (discussing section 16.1- 045(b)) should include the following underlined text: Changes the area of roof replacement that would trigger installation of a fire- retardant roof from 10% to 50% which is in line with the 2013 CBC and surround ing_jurisdictions. Attachment 1 Changes to Uniform Code Adoption Ordinance and Related Resolution Uniform Code Adoption Ordinance Staff Report Attachment 3 (Proposed Ordinance); page 22 (Agenda Packet Page 104): Delete Section 16- 20.080 and its teat: — ge Resolution Making Findings .Reaardina Local Modifications Staff Report Attachment 2 (Proposed Resolution), , pages 10 -13 (Agenda Packet Pages 74 -77): Delete the list of amendments, additions, and deletions from the 2013 California Fire Code that begin with section 105.1.4 on page 10 (Agenda Packet page 74) and end with section 4917.1 on page 13 (Agenda Packet page 77). Replace the deleted list with the following list of changes to the 2013 California Fire Code made by the ordinance: Section 16- 20.025 — Establishes districts to which the limits on storage of flammable liquids in Sections 5704.2.9.6.1 and 5706.2.4.4 of the 2013 California Fire Code apply. Section 16- 20.030 — Establishes districts to which the limits on storage of flammable cryogenic fluids in Section 5806.2 of the 2013 California Fire Code applies. Section 16- 20.040 — Establishes districts to which the Limits on storage of liquefied petroleum gas in Section 6104.2 of the 2013 California Fire Code applies. Section 16-20.040 — Amends Chapter I of the 201.3 California Fire Code by adding Sections [A] 105.1.4, [A] 105.1.5, [A] 105.6.48, [A] 105.6.49, [A] 106.5 and amending Section 109.4. Section 16- 20.060 — Amends Chapter 2 of the 2013 California Fire Code by amending the definition for "Continuous Gas Detection System." Section 16- 20.070 -- Amends Chapter 3 of the 2013 California Fire Code by amending Section 311.1 and addin<_T Section 3l 6.7. Section 16- 20.090 — Amends Chapter 5 of the 2013 California Fire Code by amending Sections 503.1 and 503.2.1; and adding Sections 504.5 and 510.1.1. Section 16- 20.100 — Amends Chapter 6 of the 2013 California Fire Code by adding Sections 605.12 and 608.6.4. Section 16- 20.110 — Amends Chapter 8 of the 2013 California Fire Code by amending Section 806.1.1. Section 16- 20.120 — Amends Chapter 9 of the 2013 California Fire Code by amending Section 903.2. Section 16- 20.130 — Amends Chapter 28 of the 2013 California Fire Code by adding. Section 2803.8. Section 16-20.140 — Amends Chapter 3' ) of the 2013 California Fire Code by adding Sections 3304.8 and 3311.1.1, and amending Section 331 I.I. Section 16- 20.150 — Amends Chapter 49 of the 2013 California Fire Code by amending Sections 4902, 4906.2, 4907.1, 4907.2, and adding Sections 4908, 4909, and 4910. Section 16- 20.160 — Amends Chapter 50 of the 2013 California Fire Code by adding Section 5003.9.11. Section 16- 20.170 — Amends Chapter 56 of the 2013 California Fire Code by not adopting Chapter 56 except for Sections 5601.1 (adopted and amended), 5601.2 (added), 5601.3 (added); 5601.4 (added), and 5601.5 — 5601.5.3.2.3 (added). Section 16-20.180 — Amends Chapter 57 of the 2013 California Fire Code by amending Section 5704.2.7.5.8 and adding Section 5704.2.7.5.9. 547852.1 City of Saratoga - Speaker Card Please Note City Council meetings are both live and delayed broadcast This card will help the meeting run smoothly but you are not required to Provide any information you do not wish to provide Please see reverse side of this card for Speaker Guidelines I would like to speak about: -IVd N t Aj���ck Agenda Item? Yes No Agenda Item number Support Oppose Neutral Date: Name: Group /Organization: Address: (optional) Telephone:(optional) Email: (optiona City of Saratoga Speaker Card Please Note: City Council meetings are both live and delayed broadcast. 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