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HomeMy WebLinkAboutStaff Report 5.C 01/07/2008CITY OF PETALUMA, CALIFORNIA 5.0 AGENDA BILL January 7, 2008 Agenda Title: GENERAL PLAN 2025 - REVISED DRAFT GENERAL Meeting Date: PLAN 2025 — Greenhouse Gas Emissions (Air Quality section of The 7 January 2008 Natural Environment Element) and REVISED DRAFT EIR (Technical Appendices Volume 5.A) Meeting Time: ❑ 3:00 PM ® 7:00 PM Category: ❑ Presentation ❑ Consent Calendar M Public Hearing ❑ Unfinished Business M New Business Denartment: Director: Contact Person: Phone Number: General Plan Pamela Tuft, AICP Pame�la Tuft, AICP (707) 778-4552 Administration Cost of Proaosal: J Account Number: $56,957 2020-54141 Amount Budgeted: Name of Fund: Remaining Professional Services Contract Funds encumbered from 2006-07 General Plan Administration Budget. (encumbered funds) Attachments to Agenda Packet Item 1. Mitigation Measures and Global Warming Resources from California Attorney General's Office. 2. Public Comments received on Revised Draft EIR and Draft General Plan Revised Air Quality (The Natural Environment) Element. 3. Draft Planning Commission Minutes —Public Hearing of December 11, 2007. Summary Statement: Per Council direction in June 2007 a Revised Draft General Plan 2025 — Greenhouse Gas Emissions ("GHG") portion of the Air Quality section of the Natural Environment Element and a Revised Draft Environmental Impact Report have been prepared and provided to the Council and the community. The Planning Commission held a Public Hearing on December 11, 2007. In spite of concentrated and repeated efforts to identify all local and State mitigation measures that would reduce the Revised Draft General Plan's cumulative environmental impact from increased GHG to a `less than significant' level, the local effects of statewide measures to reduce GHG and what significance standards will be applied to local agencies remains difficult to quantify. Therefore, the Revised Draft EIR contains a recommendation that the City: 1) determine that the cumulative impacts of the Revised Draft General Plan on GHGs and global climate change remain significant and unavoidable; and 2) adopt a Statement of Overriding Considerations for this cumulative impact. Policies and programs included in the Draft General Plan will continue to move the City aggressively toward reducing Greenhouse Gas Emissions. Recommended Citv Council Action/Suggested Motion: Hear presentation of GHG issues, analysis, and recommended mitigations; direct questions to consultants and staff, and conclude Public Hearing. Direct staff to prepare Responses to Comments in the form of a Final EIR and prepare the final General Plan 2025 document for consideration by the Planning Commission, community and City Council for certification and adoption. Revi&ateo ewedt �bv Admin. (S`vc�s41Dir: Reviewed by City Attornev: Approve i Manager: no /4 r) Date: `^� ` Date: OV/ Rev. # Date Last Revised: File: P:\Tufl\Genem1P1m2025\rcnorts\CC 010708 GFIG RDEIR.doc CITY OF PETALUMA, CALIFORNIA 7 JANUARY 2008 AGENDA REPORT FOR GENERAL PLAN 2025 - REVISED DRAFT GENERAL PLAN 2025 Greenhouse Gas Emissions (Air Quality section of The Natural Environment Element) and REVISED DRAFT EIR (Technical Appendices Volume 5.A) 1. ExrCUTIVE SUMMARY: Per Council direction in June 2007 a Revised Draft General Plan 2025 — Greenhouse Gas Emissions ("GHG") portion of the Air Quality section of the Natural Environment Element and a Revised Draft Environmental Impact Report have been prepared and provided to the Council and the community. The Planning Commission held a Public Hearing on December 11, 2007. In spite of concentrated and repeated efforts to identify all local and State mitigation measures that would reduce the Revised Draft General Plan's cumulative environmental impact from increased GHG to a `less than significant' level, the local effects of statewide measures to reduce GHG and what significance standards will be applied to local agencies remains difficult to quantify. Therefore, the Revised Draft EIR contains a recornrnendation that the City: 1) determine that the cumulative impacts of the Revised Draft General Plan on GHG and global climate change remain significant and unavoidable; and 2) adopt a Statement of Overriding Considerations for this cumulative impact. Policies and programs included in the Draft General Plan will continue to move the City aggressively toward reducing Greenhouse Gas Emissions. 2. BACKGROUND: A background to the full General Plan work effort was provided in the Council Agenda Bill of December 3, 2007. Per Council direction in June 2007 a Revised Draft General Plan 2025 — GHG portion of the Air Quality section of the Natural Environment Element and a Revised Draft Environmental Impact Report have been prepared and provided to the Council and the community. A Revised Draft EIR and compatible Revised Draft General Plan 2025 text were prepared and published. The background research and analysis undertaken for the completion of these documents will provide valuable baseline information for the implementation of GHG emissions reduction goals. The Planning Commission held an introduction and discussion session on November 27, 2007 and a public hearing on December 11, 2007. Their recommendation to prepare final documents includes the amendment of "may" to "shalt" in Policy #4-P-22 regarding the preparation of a Community Climate Action Plan. Subsequent to the Planning Commission hearing, staff was approached by a representative of the State Attorney General's Office expressing their support for W GENERAL PLAN 2025 - REVISED DRAFT GENERAL PLAN 2025 Greenhouse Gas Emissions (Air Quality section of The Natru•al Environment Element) and REVISED DRAFT EIR (Technical ADDendices Volume 5.A) 7 JmeumT 2008 Petaluma's effort to address GHG emissions and a desire to work with Petaluma as an example of how to address GHGs through the general plan process. The AG's Office provided a suggested list of mitigation measures for reducing GHG emissions. Staff is reviewing the list of measures provided to determine which measures are appropriate and feasible to the Draft General Plan 2025 and which have already been included to insure that Petaluma is addressing GHG reductions to the greatest extent possible. 3. ALTERNATIVES: A. Hear presentation of GHG issues, analysis, and recommended mitigations; direct questions to consultants and staff, conclude Public Hearings on the Revised Draft EIR (GHG) and the applicable section of the Revised General Plan 2025; and direct the preparation of final documents (EIR and General Plan 2025). B. Direct questions to consultants and staff, provide direction to obtain additional research prior to concluding the public hearing process. 4. FINANCIAL IMPACTS: The contract with Winzler & Kelly for the research and preparation of the GHG sections for the Revised General Plan and Revised DEIR, preparation of responses and completion of the final documents will not exceed $56,957. 5. CONCLUSION: The Planning Commission has concluded their public review process and recommends preparation of final EIR and General Plan documents, with one text revision. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: The Final General Plan 2025 and Environmental Impact documents will be prepared in accordance with direction received from the City Council. The Final documents will be presented to the Planning Commission and community for consideration and recommendation to return to the Council for consideration, certification (FEIR) and adoption (General Plan 2025). 7. RECOMMENDATION: Hear presentation of GHG issues, analysis, and recommended mitigations; direct questions to consultants and staff; and conclude Public Hearing. Direct staff to prepare Responses to Comments in the form of a Final EIR and prepare the Final General Plan 2025 document for consideration by the Planning Commission, community and City Council for certification and adoption. 3 AnqulgEer o 1 Mitivation Measures and Global Warming Resources California Attornev General's Office (1) Global Warming Mitigation Measures The following are some examples of the types mitigation that local agencies may consider under the California Environmental Quality Act (CEQA) to offset or reduce global warming impacts. The list, which is by no means exhaustive or obligatory, includes measures and policies that could be undertaken directly by the local agency, incorporated into the agency's own "Climate Action Plan,"' or funded by "fair share" mitigation fees; measures that could be incorporated as a condition of approval of an individual project; and measures that may be outside the jurisdiction of the local agency to impose or require but still appropriate for consideration in an agency's environmental document. While the lead agency must determine which particular mitigation measures, or suite of measures, is appropriate and feasible for a particular project, proponents of individual private projects are encouraged to take an active role in developing and presenting to lead agencies new and innovative ways to address the impacts of global warming. Transportation • Coordinate controlled intersections so that traffic passes more efficiently through congested areas. • Set specific limits on idling time for commercial vehicles, including delivery and construction vehicles. • Promote ride sharing programs e.g., by designating a certain percentage of parking spaces for high -occupancy vehicles, providing larger parking spaces to accommodate vans used for ride -sharing, designating adequate passenger loading and unloading and waiting areas, and providing electronic message board space for coordinating rides. • Create car -sharing programs. Accommodations for such programs include providing parking spaces for the car -share vehicles at convenient locations accessible by public transportation .2 Create and/or expand existing vehicle buy-back programs to include vehicles with high greenhouse gas emissions. • Require clean alternative fuels and electric vehicles. Develop the necessary infrastructure to encourage the use of alternative fuel vehicles (e.g., electric vehicle charging facilities and conveniently located alternative fueling stations).' Increase the cost of driving and parking private vehicles by imposing tolls, parking fees, and residential parking permit limits. Office of the California Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page I of 10 4 • Develop transportation policies that give funding preference to public transit.' • Design transportation centers where various public transportation modes intersect. • Encourage the use of public transit systems by enhancing safety and cleanliness on vehicles and in and around stations. • Assess transportation impact fees on new development in order to facilitate and increase public transit service.' • Provide shuttle service to public transit. • Offer public transit incentives. • Incorporate bicycle lanes into street systems in regional transportation plans, new subdivisions, and large developments. • Create bicycle lanes and walking paths directed to the location of schools and other logical points of destination and provide adequate bicycle parking.' Ensure that non -motorized transportation systems are connected and not interrupted by impassable barriers, such as freeways.' • Restore and/or expand school bus services. Where possible, use an alternative fuel school bus fleet. • Require commercial projects to include facilities on-site to encourage employees to bicycle or walk to work. • Provide public education and publicity about public transportation services! • Conduct a public information campaign on all options for individuals to reduce transportation emissions. • Organize and lead a formal telecommute work program involving public agencies and private businesses. Provide information, training, and incentives to encourage participation. Provide incentives for equipment purchases to allow high-quality teleconferences Energy Efficiency and Renewable Energy Require energy efficient design for buildings.' This may include strengthening local building codes for new construction and renovation to require a higher level of energy effrciency.10 Adopt a "Green Building Program" to promote green building standards." Provide permitting incentives for energy efficient building projects, e.g., by giving green projects priority in plan review, processing and field inspection services. 12 Fund and schedule energy efficiency audits of existing buildings by checking, repairing, and readjusting heating, ventilation, air conditioning, lighting, hot Office of the California Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page 2 of 10 y water equipment, insulation and weatherization. (Facilitating or funding the improvement of energy efficiency in existing buildings could offset in part the global warming impacts of new development.) Offer financial incentives for adoption of identified efficiency measures. 13 • Provide individualized energy management services for large energy users. • Require the use of energy efficient heating and cooling systems, appliances and office equipment. 14 • Fund incentives and technical assistance for lighting efficiency." • Require that projects use efficient lighting. (Fluorescent lighting uses approximately 75% less energy than incandescent lighting to deliver the same amount of light.) • Require the use of Light Emitting Diode (LED) for traffic and sheet lighting." • Incorporate on-site renewable energy production (through, e.g., participation in the California Energy Commission's New Solar Homes Partnership). Require project proponents to install solar panels, water reuse systems, and/or other systems to capture energy sources that would otherwise be wasted. 17 • Streamline permitting and provide public information to facilitate accelerated construction of solar and wind power systems, solar and tankless hot water heaters, and energy-efficient heating, ventilation and air conditioning systems in existing buildings." • Provide innovative financing for energy efficiency and alternative energy projects. For example, allow property owners to pay for energy efficiency improvements and solar system installation through long-term assessments on individual property tax bills.19 • Fund incentives to encourage the use of energy efficient equipment and vehicles. • Provide public education and publicity about energy efficiency and available programs and incentives.20 Land Use Measures Encourage mixed-use, infill, and higher density development to reduce vehicle trips, promote alternatives to individual vehicle travel and promote efficient delivery of services and goods. Infill development generates fewer vehicle miles traveled (VMT) per capita and reduced emissions of greenhouse gases, and denser development is associated with increased public transit use 21 For example, a city or county could promote "smart" development by reducing developer fees or granting property tax credits for qualifying projects?' Discourage development that will increase passenger vehicle VMT. Enact ordinances and programs to limit or prohibit sprawl — development that requires additional or longer passenger vehicle commutes between workplaces and residences?' Incorporate public transit into project design.24 Office of the California Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page 3 of 10 t 1 Require measures that take advantage of shade, prevailing winds, landscaping and sun screens to reduce energy use. Preserve and create open space and parks. Preserve existing trees and require the planting of replacement trees for those removed in construction. Impose measures to address this "urban heat island" effect by, e.g., requiring light-colored and reflective roofing materials and paint; light-colored roads and packing lots; shade trees in parking lots; and shade trees on the south and west sides of new or renovated buildings " Darker colored roofs, pavement, and lack of trees may cause temperatures in urban environments to increase by as much as 6-8 degrees Fahrenheit as compared to surrounding areas .26 Facilitate "brownfreld" development located near existing public transportation and jobs. Require pedestrian -only streets and plazas within developments, and destinations that may be reached conveniently by public transportation, walking, or bicycling.' - Water Conservation and Efficiency" Design and implement a comprehensive water conservation strategy. The strategy may include many of the specific items that follow, plus other innovative measures that are appropriate for the location. Require water efficient landscapes 29 Adopt a strong landscape ordinance with water budgets to assure efficient landscape design, installation, and maintenance in new construction. Encourage the use of reclaimed water for landscape irrigation in new developments and on public property. Provide necessary infrastructure to deliver and use reclaimed water. • Require water efficient design for buildings. This may include strengthening local building codes for new construction and implementing a program to renovate existing buildings to require a higher level of water efficiency. • Adopt a retrofit ordinance that will require installation of water -efficient fixtures upon the sale of homes " • Adopt and enforce restrictions on watering methods (e.g., prohibiting systems that apply water to non -vegetated surfaces) and controls on runoff. • Require water efficiency training and certification for irrigation designers, installers and managers. • Provide individualized water audits for large water users to identify conservation opportunities. Offer financial incentives for adoption of identified efficiency measures. • Provide water audits for large landscape accounts. Offer financial incentives for efficient irrigation controls and other efficiency measures. • Fund incentives and technical assistance for water efficiency. • Adopt standards that prescribe the maximum allowable effective impervious area Office of the California Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page 4 of 10 ri for all new development and redevelopment projects. Require preservation of the existing hydrologic character of developed sites to manage storm water and protect the environment. (Retaining storm water runoff onsite can drastically reduce the need for energy -intensive imported water at the site.) Adopt conservation pricing to encourage efficient water use. 31 Solid Waste Measures • Require projects to reuse and recycle construction and demolition waste. • Implement or expand city or county -wide recycling and composting programs for residents and businesses. • Increase areas served by recycling programs • Extend the types of recycling services offered (e.g., to include food and green waste recycling). • Establish methane recovery in local landfills, wastewater treatment and animal operations plants to generate electricity .12 Provide public education and publicity about recycling services. Carbon Offsets In some instances, a lead agency may find that measures that will directly reduce a project's emissions are insufficient. A lead agency may consider whether carbon offsets would be appropriate. The project proponent could, for example, fund off-site projects (e.g., alternative energy projects) that will reduce carbon emissions, or could purchase "credits" from another entity that will fund such projects. The lead agency should ensure that any mitigation taking the form of carbon offsets is specifically identified and that such mitigation will in fact occur. (2) General Resources The following web sites and organizations provide general information about mitigating global warming impacts at the local level. These sites represent only a small fraction of the available resources. Local agencies are encouraged to conduct their own research in order to obtain the most current and relevant materials. The U.S. Conference of Mayors' Climate Protection Agreement contains valuable information for the many local agencies that are joining the fight against global warming. The Agreement is available here: httn://www.coolcities.us/resources[bestPracticeGuides/USM ClimateActionHB.ndf. Nearly one hundred California cities have joined the "Cool Cities" campaign, which means they have signed the U.S. Mayor' Climate Protection Agreement and are taking concrete steps toward addressing global warming. These steps include preparing a city- wide greenhouse gas emissions inventory and creating and implementing a local Climate Office of the California Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page 5 of 10 Action Plan. Additional resources, including various cities' Climate Action Plans, are located at the Cool Cities website: httD://www.coolcities.us/resources.DhD. In July 2007, Alameda County became one of twelve charter members of the "Cool Counties" initiative. Participating counties sign a Climate Stabilization Declaration, which is available at the website for King County (Washington State): httn://www.metrokc.uov/exec/news/2007/07] 6dec.asnx. Participating counties agree to work with local, state, and federal governments and other leaders to reduce county geographical greenhouse gas emissions to 80% below current levels by 2050 by developing a greenhouse gas emissions inventory and regional reduction plan. Current member counties are recruiting new members and are committed to sharing information. Cool Counties contact information is available at: httD://www.kiDRcounty. eov/exec/coolcounti es/.Toinus. asDx. Local Governments for Sustainability, a program of International Cities for Local Environmental Initiatives (ICLEI), has initiated a campaign called Cities for Climate Protection (CCP). The membership program is designed to empower local governments worldwide to take action on climate change. Many California cities have joined ICLEI. More information is available at the organization's website: 1rttD://www.iclei.ore/. The Institute for Local Government, an affiliate of the California State Association of Counties and the League of California Cities, recently launched a program called the California Climate Action Network (CalifomiaCAN!). The program will provide information about the latest climate action resources, best practices, and case studies. More information is available at the CalifomlaCAN! website: htto://www.cac ities.orL/index.iSD?disnlavtvne=&section=cl iniate&zone=i lsR. The Governor's Office of Planning and Research provides valuable resources for lead agencies related to CEQA and global warming at htto://oor.ca.Rov/index.DliD?a=cecia/index.litml. Among the materials available are a list of environmental documents addressing climate change and greenhouse gas emissions and a list of local plans and policies addressing climate change. (3) Notes For example, the County of Marin adopted a Greenhouse Gas Reduction Plan in October, 2006 that sets reduction targets for government operations and for the County as a whole. SeehtlD://www.co.maiin.ca.us/dents/CD/main/oclf/linal RhR red nlan.t)dr. 2. There are a number of car sharing programs operating in California, including City Cat -Share httn://www.citvcarshare.orR/, Zip Car hun://www.ziDcar.com/ and Flexcar litti)://www.flexc,ir.com/. Office of the California Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page 6 of 10 GI 3. See the City of Santa Monica's Green Building Program at htto:/hvww.trreenbuildinas.santa-monica.ora/transportation/Darkinecharein =.htm]. 4. San Francisco's "Transit First" Policy is listed in its Climate Action Plan, available at httu://www.sfenri romnent.or¢/downloads/library/climateactionDlan.ndf. 5. San Francisco assesses a Downtown Transportation Impact Fee on new office construction and commercial office space renovation within a designated district. The fee is discussed in the City's Climate Action plan. See Note 4. 6. See Marin County's Safe Routes to Schools program at httn://www.saferoutestoschools.or yi. 7. The City of La Mesa has a Sidewalk Master Plan and an associated map that the City uses to prioritize funding. As the City states, "The most important concept for sidewalks is connectivity. For people to want to use a sidewalk, it must conveniently connect them to their intended destination." See htto://www.ei.la-mcsa.ca.us/index.asn?NID=699. 8. The U.S. Conference of Mayors' Climate Action Handbook, cited above, lists education and outreach as key components to taking action against global warming. 9. Leadership in Energy and Environmental Design (LEED) administers a Green Building Ratings program that provides benchmarks for the design, construction, and operation of high-performance green buildings. More information about the LEED ratings system is available at httD:/hvwtiv.us,be.ore/DisolavPaee.astax'?CateaorvID=19. Build it Green is a non-profit, membership organization that promotes green building practices in California. The organization offers a point -based, green building rating system for various types of projects. Seehtto:/hvww.builditLreen.or./t_>uidelines-ratine-systems. 10. Public Resources Code Section 25402.1(h)2 and Section 10-106 of the Building Energy Efficiency Standards establish a process which allows local adoption of energy standards that are more stringent than the statewide Standards. More information is available at the California Energy Commission's website. See httn://www.enerev.ca.Lov/title24/2005standards/ordinances_ exceedine_2005_buildine_ s tandards.html. 11. The City of Santa Monica, for example, has instituted a Green Building Program. See Note 4 and htto:/hvww.ureenbuildinLs.smita-monica.orL,/. The City of Pasadena also has a green building ordinance that applies to public and private buildings. See litlo:/hvww.ci.nasadena.ca.us/nennitcenter/areencity/buildine/Rbnrop-ram.asD and IlttD://ordiinlc.conn/codes/nasadena/index.litnn?Search Code=Beuin+Searchine+lvluniciDa 1+Code. The City of San Francisco is considering adopting green building performance requirements that would apply to public and private buildings. See htto://www.s fenvironnnent.oru/downloads/library/Lbtli-rreleasev 1.3.odf Office of the California Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page 7 of 10 12. See "Green County San Bernardino," htto://www.Lreencountvsb.com/ at p. 6. 13. Under Southern California Gas Company's Energy Efficiency Program for Commercial/Industrial Large Business Customers, participants are eligible to receive an incentive based upon 50% of the equipment cost, or $0.50 per therm saved, whichever is lower, up to a maximum amount of $1,000,000 per customer, per year. Eligible projects require an energy savings of at least 200,000 therms per year. See httn://www.socal aas.coiu/business/ePfi ciencv/urants/. 14. Energy Star is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy that certifies energy efficient products and provides guidelines for energy efficient practices for homes and businesses. More information about Energy Star certified products is available at httn:/hvww.ener*vstar.szov/. The Electronic Product Environmental Assessment Tool (EPEAT) is a system that ranks computer products based on their conformance to a set of environmental criteria, including energy efficiency. More information about EPEAT is available at httD://iv4v�v.eDeat.net/AboutEPEAT.asi)x. 15. As described in its Climate Action Plan, the City of San Francisco uses a combination of incentives and technical assistance to reduce lighting energy use in small businesses such as grocery stores, small retail outlets, and restaurants. The program offers free energy audits and coordinated lighting retrofit installation. In addition, the City offers residents the opportunity to turn in their incandescent lamps for coupons to buy fluorescent units. See Note 4. 16. For a discussion of the use of LED traffic lights, see the City of Berkeley's Resource Conservation and Global Warming Abatement Plan at littn://www.baantnid.2ov/Dln/Global W annine/B erkelevClimateActionPlan.Ddf. 17. At the direction of Governor Schwarzenegger, the California Public Utilities Commission (CPUC) approved the California Solar Initiative on January 12, 2006. The initiative creates a $3.3 billion, ten-year program to install solar panels on one million roofs in the State. See htID://www.eosolarealifomia.ca.Lov/nslm/index.litml. 18. As part of its "Green County San Bernardino" program, the County is waiving permit fees for alternative energy systems and efficient heating and air conditioning systems. See htto://vvww.ereencountvsb.com/ at p. 3. 19. The City of Berkeley is in the process of instituting a "Sustainable Energy Financing District" SeehttD://www.citvofberkelev.int'o/ favor/PR/nressrelease2007-1023.htm. 20. See "Green County San Bernardino," littD://www.ereencountvsb.com/ at pp. 4-6. Office of the California Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page 8 of 10 21. See US EPA, Our Built and Natural Environments, A Technical Review of the Interactions between Land Use, Transportation, and Environmental Quality (Jan. 2001) at pp. 46-48 httn://www.eoa.eov/dced/ndffbuilt.odf. 22. The City of Berkeley has endorsed this strategy in its Resource Conservation and Global Warming Abatement Plan. See Note 16. 23. Samples of local legislation to reduce sprawl are set forth in the U.S. Conference of Mayors' Climate Action Handbook, cited above. 24. The U.S. Conference of Mayors cites Sacramento's Transit Village Redevelopment as a model of transit -oriented development. More information about this project is available at httD://www.citvofsacraiiieiito.ore/Dlatuiina/nroiects/65th-street-village/. 25. See the website for Lawrence Berkeley National Laboratory's Urban Heat Island Group at httn://eeld.lbl.eov/HeatlslancULEARN/ and U.S. EPA's Heat Island website at www.ena.2ov/Iieatisland/. To learn about the effectiveness of various heat island mitigation strategies, see the Mitigation Impact Screening Tool, available at htto:/hvww.coa. L,oviheatisld/resources/tool s.litinl. 26. Some local agencies have implemented a cool surfaces programs in conjunction with measures to address storm water ran off and water quality. See, for example, The City of Irvine's Sustainable Travelways/Green Streets program at htti)://ivww.citvofirvine.ore/dents/redevelopment/sustainable travehvays.as_n; The City of Los Angeles's Green Streets LA program at littn:/ftvater.lec.or,/water-worlcshoDs/la-workshop/Green Streets Daniels._ndf/view: see also The Chicago Green Alley Handbook at httD://e,ov.citvofcliica2o.orehvebr)ortal/COCWebPortal/COC EDITORIAL/GreenAllev Handbook Jan.ndf. 27. Palo Alto's Green Ribbon Task Force Report on Climate Protection recommends pedestrian streets under its proposed actions. See htti)://www.citv.t)alo-alto.ca.us/knowzone/aLiendas/LrLf.asi). 28. The California Energy Commission has found that the State's water -related energy use — which includes the conveyance, storage, treatment, distribution, wastewater collection, treatment, and discharge — consumes about 19 percent of the State's electricity, 30 percent of its natural gas, and 88 billion gallons of diesel fuel every year, and this demand is growing. See http://x"tw.enerev.ca. uov/2007mrblications/CEC-999-2007-OOS/CEC-999-2007-008.PD F. Accordingly, reducing water use and improving water efficiency can help reduce energy use and associated greenhouse gas emissions. Office of the California Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page 9 of 10 29. The Water Conservation in Landscaping Act of 2006 (AB 188 1) requires the Department of Water Resources (DWR), not later than January 1, 2009, to update the Model Water Efficient Landscape Ordinance. The draft of the entire updated Model Water Efficient Landscape Ordinance will be made available to the public in December 2007. See litti)://www.owite.water.ca.uov/landscane/ord/ui)d,tted0rd.cfm. 30. See the City of San Diego's plumbing retrofit ordinance at httn://www.sandieLo. tiov/water/conservation/selline.slitml. 31. The Irvine Ranch Water District in Southern California uses a five -tiered rate structure that rewards conservation. The water district has a baseline charge for necessary water use. Water use that exceeds the baseline amount costs incrementally more money. While "low volume" water use costs $.082 per hundred cubic feet (ccf), "wasteful" water use costs $7.84 per cc£ See litto://mvw.irwd.com/About]RWD/rates residential.nhn. 32. San Diego's Metropolitan Wastewater Department installed eight "digesters" at one of its wastewater treatment plants. Digesters use heat and bacteria to break down the organic solids removed from the wastewater to create methane. See Mtn://www. sandieeo. L?ov/mi"vd/1 acilities/ntloma. shtml. Office of the Califomia Attorney General Global Warming Mitigation Measures Updated: 12/3/07 Page 10 of 10 13 Airmult4vr "a From: Tiffany Renee [mailto:tiff@designmotif.com] Sent: Friday, November 30, 2007 11:17 AM To: Pamela Torliatt; Mike Harris; Mike O'Brien; Karen Nau; David Rabbitt; Samantha Freitas; Chris Arras; John Mills; Tanya Sullivan; Will Dangle; Spence F. Burton; Teresa Barrett; Kathy Miller; Dennis Elias; Larry Reed; Hans Grunt; Terry Cc: Tuft, Pamela; Scott Duivan; Bierman, Mike; Cooper, Claire Subject: FW: The Party's Over ... Ok, this week has put me on a tear... Consider this my opening comments to the General Plan revisions. I will have much more to say before the time is up. I know the news is astonishing at times. But we don't have time to wallow in our psyche's shock right now. We got to move forward. I've been hearing a lot of whispers and groans that we are facing the impossible in regards to reducing GHGs with our GP 2025. 1 can't help but think about the ration stamps my grandmother gave me from WWII. Her ability to hoard canned food was amazing. The stamps clarified the whole thing for me after 30+ years of wondering why she had enough food to feed an army stockpiled away in her cupboards. Now the idea of driving rations seems impossible, but peak oil and climate crisis could make this necessary. We are not there yet, but we could be if we don't act. We've just got comfortable and lazy -brained as my grandmother would say. We can and we must do all we can to get people out of their cars and working from a local place of business or from home. This is how businesses will manage their GHG reductions and deal with the economic transition. I heard Agilent is already underway with a program to make their employees work from home a couple days a week. Mandatory parking permits for all street parking would make people think twice about additional cars in front of their households (and would clean up the streets from toxic run off). It's not popular. Council members may not get re-elected if you did it (I certainly wouldn't have it as a campaign platform!), but permits seem much more doable than ddving rations. We need to make it easier for people to do away with multiple cars now. Incentives for people without cars (free transit) or with electric cars or motorcycles (free street parking) is another approach. Stop charging so much for Home Occupation Permits (the city could make up the difference in parking permit fees). Not charging for HO permits is a form of micro -lending to encourage home-based business incubation (and people don't need as many cars when working from home or locally). The tax credits from home-based businesses are what will help struggling people offset their income when they are making less at first (and an easy way to transfer some of that Federal tax money back to the local level, money the city would otherwise not get back from the Fads because the larger the buildings the more people don't understand reciprocity. The buildings in D.C. are huge...). Pretty simple... There is a reason this form of economics won a Nobel Prize. It works. You can do this. We don't have time to wait for today's kindergarteners to give up their option to drive when they turn 16. I'm making my daughter choose now how she spends her mileage as a new driver. And I'm proud that my older daughter didn't even want to learn how to drive. What assumptions are we building into our lives that are just plain wrong? Driving is a privilege. Don't wait until the State/Feds have implemented laws to force us to change our driving habits when it's already too late (or looks the other way when we suffer from draught—or salty groundwater— and flood), because the sea has already risen a few more inches and we've done almost nothing to stop it (IPCC summary from November says almost 2 inches from 1993 until now). How many more inches do we need before we respond? Petaluma will be among the first to be affected by rising sea levels. Building in the floodplain is not an option in the face of global warming. It is engineered poverty and suffering. Will you be accountable to this flooding if you build in the floodplain? If not, get out of the way. This article talks of collapse. It's not collapse, it's transition. We can deny what's happening and miss our window to act or we can pull up our bootstraps and get to work. We need your creativity and courage now more than ever. Its time for unorthodox urban innovation. No time like the present... Be sure to read the last line of the article a few times... Best, Tiff ,14 I it.,:o. I'uur IiH .r d, �h, ^m� rt f !'ntu — Forwarded Message This from yesterday's Sydney Morning Herald ( remember that Liberals here refers to conservatives) Could this be our future too? Bruce »»»»»»»»»»» <httr)://www. sm h. co m.au/news/ool ni o n/the-oa rtvs-over-and-li be ra Is-wi II-soon-be- history/2007/11 /28/1196036982629.html> The Party's Over and Liberals Will Soon Be History By Steve Biddulph The Sydney Morning Herald Thursday 29 November 2007 The Liberal Party is in trauma. The corporate sector is attempting to calm its nerves, and even the victors in the Labor Party cannot quite believe the seismic change in the landscape of power. But the ramifications of last Saturday may be much greater than just one election won or lost. In a way that seems unthinkable to us now, 2007 may mark the end of the Liberal Party itself. It won't happen overnight, butjust watch it happen. We are so conditioned to the idea that two main parties define politics, we even call them left and right as if they were parts of our body. But parties spring up in response to the primary tensions in a certain time and place. In the 20th century that polarisation was capital versus labour. A century earlier, before even the idea of power among the working poor, politics was aristocrats versus tradesmen, the growing middle class of shopkeepers and artisans that formed the basis of the Tories. This is no longer the central tension in modem democracies. Centrist governments cover all the bases, and conservative politics has begun to wither away. This is a change that has come late to Australia. But social evolution is now speeding up and even this alignment is becoming dated. The issue of the future, coming down on us now like a steam train, is of course the environment, the double hammer blows of climate change and peak oil. Energy, weather and human misery are the factors that will define our lives for decades to come. You can cancel your newspaper, those are the only four words you need to know. Linked to this, but compounding it in frightening ways, is the imminent demise of the United States economy. In fact the whisper, the subplot in economist circles, was that this election was one to lose. That whoever inherited Australia in 2007 inherited a coming economic collapse in globalised trade that would suck Australia and much of the rest of the world down with it. For two years now the best predictions have been that the subprime meltdown would act as merely the detonator of a much larger explosive charge created long ago by US consumer debt, concealed by Chinese and Arab investment in keeping that great hungry maw that is America sucking in what it could not begin to pay for. The avalanche -like fall of US house prices will be closely followed by the same in linked economies worldwide, and presage a harsh and very different world than the one we have lived in. In short, the party is over. We are a civilisation in collapse. Labor is the right party to manage this. Despite the widespread belief after years of cynical politics that politicians are all the same, Rudd and Gillard are not in power for power's sake. I am willing to stake my 30 years as a psychologist on this, but I think many observers have also come to this conclusion. Kevin and Julia, as Australia already calls them, want to make this country a better place for the people in it. In the coming times of deprivation, they have the value systems that will be needed to care for the sudden rise in poverty, stress, and need. They also have the unity. So what will be the new polarity in future elections? It's the ecology, stupid. The Greens will emerge as the new opposition, though this will take probably two election cycles. By the 2010 election, 20 per cent will vote Green, simply because peak oil and climate catastrophe will have proven them right, and thinking people will i �L see the need for austerity now for our children's tomorrow. The Liberal Party will be lucky to attract 30 per cent, which is the habitual, rusted -on portion of the community that thinks greed is good. By 2014, we will have a struggle between a new left and right - Labor and Green - and the issue will be simply how green, how to balance the need for a much simpler and more communal kind of life, with the need to give people comfort and amenity now. This issue will continue to define life for the rest of this century. Climate change will bring horrific costs this century unless a global effort is rallied in a way that has never been done before to regulate our gluttonous use of the air and water. Perhaps a billion lives are at risk, let alone 2 to 3 billion refugees, as agriculture and water supplies collapse across southern Asia and elsewhere, and producer countries, like Australia, find they can barely feed themselves. The big lie of Liberal supremacy was economic management. In fact, they knew how to generate income, but not how to spend it. We could have been building what Europe built in this past decade - superb hospitals, bullet trains, schools and training centres, low cost public transport of luxurious quality, magnificent public housing. We pissed it all away on tax giveaways and consumer goods. On bloated homes that we will not be able to cool or heat, or sell, and cars we won't be able to afford to drive. A party based on self interest may evaporate along with our rivers and lakes, and have no role to play in a world where we co- operate or die. Steve Biddulph is a psychologist and author. End of Forwarded Message 1(n � cv�tivv�e�t5 ��a-o�v� A\�Et'1 1 ctic_y Policy 4-P-7, Reduce motor vehicle pollution. (� Goal: Reduce emissions by encouraging Low -Vehicle -Use Employment Opportunities. Facilitate employment opportunities that minimize the need for automobile trips, such as live/work, telecommuting, satellite work centers, and home occupations, in addition to mixed-use development strategies. Sub -policies: 1. Promote Human -Scale Businesses. Allow and encourage creation of studios and workspaces for artists, craftspeople, and other professionals, and encourage low -impact self-employment and home occupations, where they will be compatible with existing neighborhood character. 2. Support Telecommuting and Satellite Work Centers. Encourage businesses and public agencies to offer telecommuting as a work alternative, and allow corporate satellite work centers near housing concentrations to enable residents who are employees of out -of -city businesses to reduce their commutes. 3. Update zoning for Small -Scale Employment. Amend the development code to expand areas where live/work, studios, crafts spaces, and open studios and residential tour events are allowed. Establish standards and permitting procedures for those uses, including roadside signage, routes, parking, frequency, time, and other issues as appropriate. 4. Satellite Work Centers. Amend the development code to include satellite work centers in appropriate zoning districts and locations, and to encourage inclusion of telecommu- ting options in new commercial projects, in part through incentives to employers. 5. Encourage Employee Commute Alternatives. Encourage and implement model employee commute alternatives, including telecommuting, in partnership with the business conununity in order to reduce traffic congestion and greenhouse gas emissions. Policy 4-P-14, Encourage renewable sources of energy. Sub -policies: 1. Identify and protect Local Renewable Resources. Preserve opportunities for development of renewable energy resources. Identify possible sites for production of energy using local renewable resources such as solar, wind, small hydro, biogas, and tidal; evaluate potential land use, environmental, economic, and other constraints affecting their development; and adopt measures to protect those resources, such as utility easement, right-of-way, and land set -asides. 2. Adopt Renewable Energy Building Standards. Integrate technically and financially feasible renewable energy requirements into development and building standards. 3. Promote Renewable Energy. Facilitate renewable technologies through streamlined planning and development rules, codes, processing, and other incentives. Identify and remove regulatory or procedural barriers to producing renewable energy in building and development codes, design guidelines, and zoning ordinances. 11 of z 4. Provide Public Information and Education. Provide information, marketing, training, and education to support renewable resource use. 5. (Replaces 4 -P -13-C) Use Renewable Energy in City Facilities. Continue to develop and employ renewable energy and clean generation technologies such as solar, wind, biogas, tidal, cogeneration, and fuel cells to power City facilities using tax-free low- interest loans and other options. Examples include solar water heating at the Petaluma Swim Center; solar, cogeneration and biogas at the Ellis Creek Water Recycling Facility; wind farms at Petaluma River and at Stony Point Road; small hydro at the river weir and at the water tanks on the hill above B Street. Policy. Evaluate the Carbon Emissions Impacts of Proposed Developments. hicorporate a carbon emissions assessment into land use plans and the environmental impact report for proposed projects. Policy 3-B-100 "new interchange" Given the lack of funding for Rainier, this policy appears to be extremely long range. Policy 3-P-116 "Cedar Lane." I believe you mean Cader Lane. f W ATFAC&fek � 4 3 City of Petaluma, CA City Council Chambers City Hall, 11 English Street Petaluma, CA 94952 Telephone 707/778-4301 / Fax 707/778-4498 E -Mail planning@ci.petaluma.ca.us Web Page http://Nvww.ci.petaluma.ca.us Draft Planning Commission Minutes December 11, 2007 - 03:44 Present: Will Dargie, John Mills, Tanya Sullivan, Teresa Barrett, Spence Burton Absent: Kathy Miller, Christopher Arras APPROVAL OF MINUTES: November 27, 2007 (03:47 PM) Motion: Approve APPROVAL OF MINUTES: November 27, 2007 Moved by Spence Burton, seconded by Teresa Barrett. Vote: Motion carried 5-0. Yes: Will Dargie; John Mills; Tanya Sullivan; Teresa Barrett; Spence Burton Absent: Kathy Miller; Christopher Arras PUBLIC COMMENT: (15 minutes maximum). The Commission will hear public comments only on matters over which they have jurisdiction. There will be no Commission discussion or action. The chairman will allot no more than five minutes to any individual. If more than three persons wish to speak, their time will be allotted so that the total amount of time allocated to this agenda item will not exceed 15 minutes: (03:47 PM) Richard Brawn DIRECTOR'S REPORT: None (03:52 PM) COMMISSIONERS' REPORT: None (03:52 PM) CORRESPONDENCE: None (03:53 PM) APPEAL STATEMENT: Within fourteen (14) calendar days following the date of a decision of the Planning Commission, the decision may be appealed to the City Council by the applicant or by any other interested party. If no appeal is made within that time, the decision shall be final. An appeal shall be addressed to the Council in writing and shall be filed with the City Clerk. Said appeal shall be accompanied by the appeal fee as specified by Resolution 2002-114-N.C.S. as adopted by the City Council. The appeal shall state specifically the grounds for the appeal and the relief sought by the appellant. (03:53 PM) LEGAL RECOURSE STATEMENT: Persons commenting orally or in writing are advised to raise all pertinent issues at this state of review so that possible solutions may be implemented or adopted at the earliest opportunity. If you challenge the action taken by the City of Petaluma in court, you may be limited to raising only those issues you or someone else raised during the public review process, or in written correspondence delivered to the City at or prior to the conclusion of the public review process. (03:53 PM) NEW BUSINESS: (03:53 PM) PUBLIC HEARING: (03:53 PM) I. Revised Draft General Plan and Revised Draft Environmental Impact Report for Greenhouse Gas Emissions, Air Quality Section of the Natural Environment Element. Staff Recommendation: Conclude the Public Hearing and forward comments and recommendations for the preparation of a Final EIR and Final GP GHG document in concert with the remaining General Plan. Planner: Scott Duiven GENERAL PLAN 2025 - Greenhouse Gas Emissions Staff Report Scott Duiven, Senior Planner, General Plan Administration, presented the staff report. (03:54 PM) Chair Mills Kristine Gaspar, Winzler & Kelly Council Member Barrett Kristine Gaspar Scott Duiven Chair Mills Commissioner Burton Scott Duiven Commissioner Burton Scott Duiven Commissioner Burton Scott Duiven Public Hearing: Open (04:18 PM) Richard Brawn Public Hearing: Closed (04:23 PM) Commission Comments: (04:23 PM) Commissioner Sullivan Scott Duiven Commissioner Sullivan Scott Duiven Commissioner Sullivan Scott Duiven Kristine Gaspar Commissioner Burton ScottDuiven Council Member Barrett Commissioner Burton Chair Mills Motion: Conclude the Public Hearing and forward comments and recommendations to the City Council for the preparation of a Final EIR and Final GP GHG document in concert with the remaining General Plan. Also recommend changing tine verbiage on GP GHG policy 4-P-22 from "The City may" to "The City shall". Moved by John Mills, seconded by Tanya Sullivan. Vote: Motion carried 4-1. Yes: Will Dargie; John Mills; Tanya Sullivan; Teresa Barrett No: Spence Burton Absent: Kathy Miller; Christopher Arras H. LIAISON REPORTS (04:41 PM) a. City Council: None b. SPARC: None c. Petaluma Bicycle Advisory Committee: None d. Tree Advisory Committee: None Commissioner Burton Council Member Barrett Adjournment: (04:42 PM) Adjourned @ 7:53 p.m. ME CITY OF PETALUMA, CALI 5.0 MEMORANDUM Additional Materials January 7, 2008 Department of General Plan Administration 27 Ho yard Soret, Petaluma, CA 94953 (707) 778-4553 Fax (707) 778-4586 E-mail. eeneralnlan(a)ci.nettrltnna.ca. its DATE: 3 January 2008 TO: Mayor Torliatt and City Councilmembers Barrett, Freitas, Harris, Nan, O'Brien and Rabbitt Michael A. Bierman, City Manager i FROM: Pamela Tuft, Director of GP Administration SUBJECT: GENERAL PLAN 2025 REVISED DEIR Public Comments on Revised Draft EIR Attached please find two additional letters of comment submitted subsequent to the Planning Commission's closure of the public hearing on the Revised Draft General Plan 2025 and Revised Draft EIR on the topic of Greenhouse Gas Emissions: Richard E.K. Brawn Sandy Goldberg, California Attorney General's Office Responses to these comments will be incorporated into the Final EIR document for Commission and Council consideration following conclusion of the City Council public hearing process on the Greenhouse Gas Emissions topic. Enclosures (2 letters) c: GP work. file S.\TTufl\General Plan 2015\memos\CC RDEIR comments 010308.doe / Richard E. K. Brawn 141 Grevillia Drive Petaluma, CA 94952 December 27, 2007 To: Mayor Pamela Torliatt ""— Council Member Teresa Barrett Council Member Samantha Freitas Council Member Mike Harris Council Member Karen Nau Council Member Mike O'Brien Council Member David Rabbitt SUBJECT: City Revenues under the proposed General Plan DEC 2 8 2007 C+ AYOR I have written comments and attached material that I believe will help you in your consideration of the proposed General Plan. My comments focus upon the relevance of the Economic Annex to the General Plan and the projection of city revenues. Sincerel , zz—'n -- Richard E. K. Brawn FJ/�c,;,;tet r� y M Future City Revenues and the General Plan Most likely I will not be able to attend the airing of the General Plan. But I do want to address the Economic Annex and city revenue expectations. I do not share the revenue projections of the General Plan. The Annex contains an arbitrary inflation rate and then applies an equally arbitrary discount rate. This approach is not usually acceptable. Any change the rates provides a different answer. For that reason, such analysis devices are not acceptable in projecting revenues for financial instruments. I am sure you note as I do that the selected rates do provide politically cozy numbers. Revenues are conveniently expected to exceed inflation. Unfortunately, nothing could be further from the truth. The year selected as a base year reflected stability of growth rather than recession, and the dollar amount of deferred maintenance were not tabulated. What we now know is that the Federal Government and the State government are in such financial disarray that a permanent squeeze can be expected to be applied to county and city revenues. In addition, all of us can expect to be economically squeezed by future energy prices. I have enclosed two charts to make this point about revenues. Declining Federal Operating Revenues The first chart shows increasing use of Federal Non -Social Security tax receipts to pay Social Security and Medicare. As we all know, SS dollars in excess of current SS expenditure have been completely siphoned off by Congress and what we have in the SS trust fund are IOUs to pay SS from future Non -SS revenues. Medicare costs are expected to skyrocket. These revenue needs will suck dry any Federal welfare funding to the cities. Already, HUD funding of housing assistance to low income elderly and others is on a short leash and reflect only some 90% of actual operational costs. 2007 should have been a great year for state revenues to support city activities. Was it? From this incredible pinnacle of state revenues, the Governor projects $15 billion deficit plus the compounding effect of interest payments on the state debt will divert more and more tax revenues from current operations. (How long this will continue will be touched upon later.) The state bond rating is one notch above junk bond status. Given these conditions, raising city revenues through increasing taxes will not be possible. Of course, in politics, anyone can assume anything they like about the future and the public who is completely ignorant of such things may well accept such nonsense. But surely City Council is above that for the General Plan. Declining Liquid Fuels Energy Sources. The second Chart shows petroleum production and its sources. I have printed the image in super fine detail so if you have a magnifying glass, you can read the details. I have a wall chart of the same and will post it in the City Council Chambers. The chart shows production of liquid petroleum fuels. Until now alternative fuels such as liquefied natural gas and natural gas into liquids such as diesel have made up for declining physical production of petroleum. So we are probably on some sort of plateau. The attached chart is not in dispute. What limited dispute exists is that some analysts believe the price of petroleum can rise to astronomical levels... eg $300 per barrel in today's dollars and thus pay for the cost of producing the more expensive petroleum that is needed to satisfy demand, without destroying the world economy. Production is limited by the cost to bring the product to the consumer. The world is not running out of petroleum. We have only pumped perhaps one quarter of that in the earth. But what we have consumed is the petroleum that was cheap to find and cheap to produce. Today, the cost to bring a barrel of light sweet petroleum oil to the shipping point from an old well in Saudi Arabia is something like $3.00. The cost to produce a barrel of oil from the Athabasca Tar sands is no less than $45 and is produced with horrendous environmental consequences. Deep water oil fields in the Gulf of Mexico are small pools of oil rather than the monster fields found back in the mid 1900x. A single exploratory well in the Jack field that was drilled by Chevron Oil is estimated to have cost S 150 million. Each field needs dozens of wells. At $100 per barrel, Chevron is does not think drilling the field is economic. Our ability to pay for an ever increasing cost of production will determine how much of a declining share of world oil production we here in Petaluma get. The impact on US, California and Petaluma will be no different from that of a tax that will rise exponentially. In the mean time, population is increasing exponentially. The light yellow line at the top of the chart is population. Globalization being pushed by our Washington D.C. elite means all of those people will compete with Petalumans for the world's resources such as raw materials, food and energy. Growth and Energy Growth is promoted by all levels of government and no less so than here in Petaluma. Growth as we known it is tied inseparably to energy. There is not a single thing that we do that does not need energy. A barrel of oil is estimated to provide something like 5 man-years of work. Conservation works only in emergencies. As a standard policy, it does not work because it is overwhelmed by demand from new growth. To think of conservation as equivalent to cost cutting in business is completely wrong. Certainly cost cutting can obtain savings that can increase the profit. But cost cutting by itself does not increase market share of any of the other measures of an expanding business. We have to assume that new technologies will ultimately get us through this coming period. Anything less would mean a literal return to the Dark Ages. But as a rule of thumb, it takes 3-5 years from the date of discovery of new technology to bring a discovery from the lab to a point where it can be engineered. Another 2-5 years is needed to prove the commercial viability of the technology. Finally, design of mass production facilities takes quite some time. If the technology is completely new it will necessitate new infrastructure and associated education and training programs. My point is that our General Plan is coming to publication ahead of a period during which we will have to accommodate considerable change and we do not have the capital or financial resources at any level of government to deal with such change. In fact, right now, today; we have to import $2 billion per day from foreign savings just to support our current national consumption of imported goods and services. Our national credit card is pretty well maxed out. Economic Annex Missing Features The economic annex does not provide a bottom up analysis of costs. Instead it shortcuts the process by proposing a base year and assumes a continuation of the city services of that base year. What should have been done was a tabulation of all costs associated with city operations in the coming years including such unknowns as the flood control project, roads and other infrastructure upon which the city is dependent. It should have identified who pays for every item upon which the city depends. It should have identified that which was not actually paid/accounted for in the base year (eg. flood control). This mistake in the General Plan would have been evident if the City had supported a matrix of metrics to determine the cost of running the city. Even a matrix showing the cost to the city for each new resident would have been useful. Unfortunately, that opportunity is passed. In light of tax revenue needs by higher echelons of government, inflation exceeding wage growth and rising energy costs. no new taxes will be possible. The city, like the state will have to accept the fact that the future is one of declining real revenues. We can all expect the Federal Government to print lots of money to pay its bills. That excess will ensure price inflation (in attrition to that caused by energy) as all those new dollars compete with those collected in taxes by the city to purchase goods and services. Located at the lowest level on the government totem pole, the needs of the state and Federal government will dictate what is left over for the city. Even with those crumbs, the city will buy less and less with its revenues. I hope that this short analysis makes it clear to you that the economic annex does not provide a single clue of how to dovetail this future with expenses driven by details of the planned build out of the city. Fairness to the General Plan Economic Annex We need to also be fair. While these matters were known to everyone in the Congress and the Executive branch for years, there has been no political leadership. What public comments were made were carefully crafted rhetoric and suppression of the data by the Executive branch. Who can forget that the Secretary of the Treasury was fired for releasing a study on Federal unfunded liabilities? Who can overlook the comment on 60 Minutes by the Chairman of the Appropriations Committee that these liabilities were known but nobody in Congress wanted to talk publically about them. Only in the past two years have these matters been made known to us in a meaningful way by a handful of brave public officials and many private citizens researching the data for truth. I hope this analysis has been useful. As a minimum, please take the time to explore the issue of peak oil (or just energy) and the quagmire of unfunded Federal and state liabilities. Sincerely, Richard Brawn Resident of Petaluma jp •uva uv veal muu lo:l9neJmNl xa rill t'�'n�vinlr �mivfl�.u,xn i^J lvm 6mvr Inn K.F.nlavnmm t'aa��yumie�'�nioyns �.N'ula'm'I�iv OIUWIJ 1u11r, .rdJ6a.v. rn rvYwllerY a IS gluannu.uanin -I.m -n '9°uweF„-.nnmarnr. ma -oxo �IV alnlPd M.9x,nal ra141�16aJdta+r.Y M1: -Ir e w:.4a vm anal vp r:nxx xm�N - YrLVIINrJ. anv ne,.�J�,m->nlnruum lm N a m�•-�rnn111N o .nurnvm o v 1 4r ^ LnUvru JiM1a 10 E mn/ mn -. Lim ammre N, ru nm -t ba pxvi•+'rnmaLvlh lat by Nr tlel Lr ¢5 wJr�a.vaL a tvtl Ymn hafq dUmtl9LLel,IlNlwlti f wlNiWn Ou WtuM FAmmvan m ,l.p'tl um mf Ngip i1Jm-v ltl vnW -Immles6mmYP-IJtmf VlitJ-inl fvi LLl INml�a 1 vkul M1ra mvr,l na F ry Mi N1y "Y Wp"Yra P>°°`^IJu,v'InLtnet N. gnNm.rq.mvr tl.rv,.lm -. x rcIW r, aJmlrw.vi.4.vt. . mrl ram m,. m.Qmnnan,ym vgmm0utmr,lyv,sp Jq lbNllv�laNlm oGl vganl,ItNmE,mn tivl •Illi mrFam tmcl N �tivu Jan.11x ��pp el (pa ioiin tdvf L, lu sravme IW;�'Wra a�ld r4901vrvwftln l yua v.n vnupo.l x. Iwumtl �Iv',I-nnnlmd gm pmlmin'Fry ,Imuv�lv'rv,6tl epr�t4nf prua merr , xa Iff.11maY mml,p nL Wvl,artnm''mq la Wumne.inglr. The Power of Oil Prododidn and tansmnpn n,.. , ry �ilw.,rl� r..�J�s�%v^f u,; N�rttll. 011ivlm,ne eaIP4':v mia0vm,r �r�A r.Jr oar i. liq IuI� I. eoain�iniur.. e uop..i'� `• IT•Lrl'I�I 111 ❑OIAor CounMaf Ill,, I _ ®e.... -t I:IMIdJbfml/cull X14 III h ❑u da n sel -1 Jn1-UJ-LuuuIinu) 10•(10 7I bCC CC rU P. 01 JAN -03-2008 16:00 DOJ. OAKLAND 510 622 2270 P.001 EDMUND G. BROWN JR. State of California Attorney General DEPARTMENT OF JUSTICE FAX TRANSMISSION COVER SHEET IMPORTANT/CONFIDENTIAL: This communication is intended only for the use of the individual or entity to which It Is addressed, This message contains information from the State of California, Attorney General's Office, which may be privileged, confidential, and exempt from disclosure under applicable law. If the reader of this communication Is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. DATE: January 3, 2008 TIME: NO, OF PAGES: 8 (Including Fax Cover Sheet) TO: NAME: PAMELA A. TUFT, DIRECTOR OF GENERAL PLAN ADMINISTRATION OFFICE: CITY OF PETALUMA LOCATION: FAX NO.: (707) 778.4586 FROM: NAME: OFFICE: LOCATION SANDY GOLDBERG PHONE NO.: (707) 778-4552 CALIFORNIA ATTORNEY GENERAL'S OFFICE Oakland FAX NO.: (510) 622-2270 PHONE NO.: (510) 622.2145 JIuuJLllueuuliJl,llnmulLlYmYuei11.11111., xurvoVu 1Ill wm I. uen... III uWnwunNUJWinmW wnunJii e ..... I I. 111,11111 WuuLnYleiillAuuuIII pLIII, I...J'a6w I ie I'll II d Wuhn M1ulOJ,, meuuu, wWUW,u1, 1 COMMENTS FROM ATTORNEY GENERAL ON REVISED DRAFT EIR (GREENHOUSE GAS EMISSIONS SECTION) and REVISED DRAFT GENERAL PLAN PLEASE DELIVER AS SOON AS POSSIBLE FOR ASSISTANCE WITH THIS FAX, PLEASE CALL THE SENDER _• . �, �u.uu DIU occ ecru N Ut JAN -03-2008 16:00 DOJ. OAKLAND 610 622 2270 P.002 `x' EDMUND G. BROWN JR. State of California Attorney General DEPARTMENT OF JUSTICE January 3, 2008 By Electronic Mail and Teleconv Pamela A. Tuft Director of General Plan Administration City of Petaluma P.O. Box 61 Petaluma, CA 94953 1515 CLAY STREET 20r" FLOOR P.b. BOX 70550 OAKLAND, CA 94612-0550 Public: 510-622-2100 Telephone: 510-622-2145 Facsimile: 510-622-2270 E -Mail: sandra.goldberg@doj.ca.gov RE: Comments on Revised Draft EIR (Greenhouse Gas Emissions Section) and Revised Draft General Plan (Air Quality: Greenhouse Gas Emissions Section) Dear Ms. Tuft: The Attorney General submits these comments on the Revised Draft Environmental Impact Report (Greenhouse Gas Emissions Section) ("Draft EIR") and Revised Draft General Plan (Air Quality: Greenhouse Gas Emissions Section) for the City of Petaluma. We know that Petaluma is a City that takes very seriously the threat of global climate change. Petaluma has demonstrated a commitment to reduce climate change by joining the U.S. Mayors' Climate Protection Agreement and participating in the Cities for Climate Protection program. The City has completed a greenhouse gas (GHG) emissions inventory and adopted GHG reduction targets of 25% below 1990 levels by 2015 and 20% below 2000 levels by 2010 for municipal operations. The City has also devoted substantial time and effort to identifying policies to include in the General Plan that are intended to reduce GHG emissions. Climate Chanae Backeround Emissions of GHG on the Earth's surface accumulate in the atmosphere: the increased atmospheric concentration of these same gases in turn adversely affects the climate.' According to NASA's James Hansen, proceeding at the emissions rate of the past decade will result in "disastrous effects, including increasingly rapid sea level rise, increased frequency of droughts ' Intergovernmental Panel on Climate Change, Fourth Assessment Report (IPCC 01) (2007), Working Group (WG) I, Frequently Asked Question 2. 1, How do Human Activities Contribute to Climate Change and How do They Compare with Naturallnfluences? httn://ince-wgl.ucar.edu/wel/Renort/AR4WO1 Pub FAOs.ndf. /D -111 -" u, L.VU, iuui ,'." 7111 OCC CCfU f JAN -03-2008 16:01 DOJ. OAKLAND 510 622 2270 P.003 January 3, 2008 Page 2 and floods, and increased stress on wildlife and plants due to rapidly shifting climate zones.i2 The atmospheric concentration of carbon dioxide (CO2), the leading GHG, is now 379 parts per million (ppm), higher than any time in the preceding 650,000 years? According to some experts, an atmospheric concentration of CO2 "exceeding 450 ppm is almost surely dangerous" because of the climate changes it will effect, "and the ceiling may be even lower." Experts are clear that if we continue our "business as usual" emissions trend, atmospheric concentrations of CO2 will likely exceed 650 ppm by the end of the century' The need to make substantial cuts in emissions drives the global targets embodied in the Kyoto Protocol and the State's targets established by Governor Schwarzenegger 's Executive Order S-3-05, and AB 32, California's Global Warming Solution Act of 2006. In California, by these authorities, we are committed to reducing emissions to 1990 levels by 2020, and 80% below 1990 levels by 2050. Achieving the 2020 target will require California to reduce emissions by 29% below projected levels c In short, our past and current GHG emissions have pushed us to a climatic "tipping point." If we continue our business-as-ususal emissions trajectory, dangerous climate change will become unavoidable. The recent Bali accord recognized that we must cut greenhouse gas emissions from 25 to 40% below 1990 levels by 2020 to avoid the most catastrophic impacts of climate change, which is even more aggressive than the reductions required in California under AB 32. And, the experts tell us, we have very little time to take decisive action.' Rajendra Pachauri, Chairman of the United Nations Intergovernmental Panel on Climate Change ("IPCC") recently declared: "If there's no action before 2012, that's too late. What we do in the next two 2 httn://www,giss.na.-a.eov/research/news/20070530/: see also Hansen at al., Dangerous Human -Made Interference with Climate (2007) 7 Atmos. Chem. Phys, 2287-2312 htto://Dubs.eiss.nasa.eov/docs/2007/2007 Hansen etal l.ndf, ' IPCC 4th, WG I, Frequently Asked: Question 7. 1, Are the Increases in Atmospheric Carbon Dioxide and Other Greenhouse Gases During the Industrial Era Caused by Human Activities? htto://www.ir)cc,eb/odf/assessment-renort/ar4/wgl/ar4-wgl-faas.ndf. htttr//www.nasa.eov/centers/2oddard/news/tor)storv/2007/danger noint.html. ' httn://www.eDa.uov/olimatechanee/science/futureac,htmi. 6 California Energy Commission, 2007 Integrated Energy Policy Report, December 2007, at p. 16. r Id. For further discussion of dangerous climate change, see IPCC 4`1i, WG III, Ch. 1 at pp. 6-7 httn://www.mno.nl/iocc/naves media/FAR4docs/chanters/CHI Introduction.odf. ., Jnn-UJ-Luuuk inu/ IU. uo nIU Ucc refu P. 0174 JAN -03-2008 16:01 DOJ. OAKLAND 510 622 2270 P.004 January 3, 2008 Page 3 to three years will determine our future. This is the defining moment'* CEOA Requirements As the legislature has recognized, global warming is an "effect on the environment" as defined by the California Environmental Quality Act ("CEQA"), and a project's contribution to global warming can be significant e CEQA was enacted to ensure that public agencies do not approve projects unless they include feasible alternatives or mitigation measures that substantially reduce the significant environmental effects of the project.10 CEQA requires that "(elach public agency shall mitigate or avoid the significant effects on the environment of projects that it carnes out or approves whenever it is feasible to do so."" This requirement is extremely important and is recognized as "(t)he core of an EIR ...."12 The City has determined in the Draft EIR that the global warming -related effects of the General Plan are cumulatively significant. This triggers the lead agency's obligation to require feasible mitigation. (Pub. Res. Code, § 21002.1(b)), The City must ensure that the measures adopted to mitigate or avoid these significant effects "are fully enforceable through permit conditions, agreements, and other measures."" Accordingly, where there are goals and policies in the proposed General Plan that "support" or "encourage" measures that would reduce GHG emissions, these should be strengthened wherever possible, to establish enforceable requirements. Potential Mitieation Measures The proposed General Plan includes policies to employ "smart growth" principles and "mixed use development" as a way to reduce vehicle trips, and therefore reduce GHG emissions resulting from new development. While these are laudable policies, in some respects it appears that the City could strengthen the land use designations in the draft General Plan to insure that "smart growth" development principles are actually carried out and that "mixed use" I Rosenthal, U.N. Chief Seeks More Leadership on Climate Change, N.Y. Times (November 18, 2007). 'See Pub. Res. Code section 21083.05, subd. (a); see also Sen. Rules Com., off. of Sen. Floor Analyses, Analysis of Sen. Sill No. 97 (2007-2008 Reg. Sess.) Aug. 22,2007- " 2,2007. 3° Public Resources Code § 21002. 71 Public Resources Code §§ 21002.1(b) and 21081; see also, Mountain Lion Foundation v. Fish and Game Commission, 16 CalAth 105,134 (1997). " Citizens of Goleta Dalley v. Board ofSupervisors of Santa Barbara County (1990) 52 Cal.3d 553, 564-65. t3 Pub. Res. Code, § 21081.6; Federation of Hillside and Canyon Associations v. City of Los Angeles (2000) 83 Cal.App.4th 1252, 1261. . 1111t .inn u]-CUUollnu/ lo:ao ]]U b[[ tffU F JAN -03-2008 16:01 DOJ. OAKLAND 510 622 2270 P.005 January 3, 2008 Page 4 development actually occurs. Modifications, to the proposed land use designations could ensure a mix of uses, with higher residential density near existing commercial areas and public transit, that will allow a shift from driving trips to alternative transportation choices including walking, biking, use of transit and ridesharing. In addition to facilitating a shift in transportation choices, mixed uses and higher densities are typically a prerequisite to increasing transit opportunities and other options such as car sharing programs. 'Some potential modifications to the proposed General Plan land use designations to further reduce GHG emissions include the following: • Mandatory Mixed Uses: modify mixed use policies and land use designations to require a mix of uses (rather than to merely allow a mix, with no assurance that it will occur). The City could establish a ratio for residential to non-residential uses on these parcels. • Identify Additional Mixed Use Sites: change proposed single -use commercial, business park, and medium and high density residential land use designations to "mixed use." Some examples of this are the Pleasanton Hacienda Business Park which is incorporating housing into a pre-existing Business Park (see httD:/Itod.hacienda.ore/SP/bome.html) and a new Whole Foods in Novato with residential units above the market (see httD://ci.novato.ca.us/docs/Whole-Foods-Views.ndf). Incentives for Mixed Use Development: increase the intensity of development by providing a mixed use density bonus - where compatible with neighborhood constraints - for mixed use projects that incorporate high quality design, a grid street pattern, a mix of non- residential and residential uses, a specified percent of affordable housing, shared parking and other features that increase the opportunities for walking and biking, reduce vehicle use, and increase transit accessibility, • Existing Single Family Residential: iincrease density in single family residential areas located near transit routes or commercial areas. For example, allow duplexes in residential areas and increased height multi -unit buildings oru main arterial streets. Land Use/Growth Management Element: add a policy to require the high end of the density and intensity range for residential and mixed use projects, where compatible with surrounding uses. In addition to the suggestions related to the land use designations, there may be additional opportunities to include policies in the General Plan, or modify proposed goals and policies, to further reduce greenhouse gas emissions, including the following: adopt and implement a Heat Island Mitigation Plan that requires residential buildings to ave "c hool roofs" with the highest commercially available solar reflectance and thermal emittance; adopt a program of building permit enforcement for re -roofing to ensure compliance with existing state building code "cool roof' requirements for non-residential buildings; evaluate Z nn ..Lo„ 4111t jnn-uj-cuuokinu/ Io: ao bIU bLe [t(U JAN -03-2008 16:01 DOJ. OAKLAND 510 622 2270 January 3, 2008 Page 5 P. 006 P.006 and pursue options for using lighter colored,�more reflective pavement;14 plant trees for strategic shading. strengthen the policies contained in Policies and Programs 5-P-32 and 7-P-15 (draft General Plan, at pp. 5-25 and 7-13) that support efforts to increase walking, biking and carpooling to schools and reduce congestion: around schools. According to some estimates, parents driving their children to school account for 20-25% of the morning commute. While the draft General Plan includes a policy to "Participate in and support recommendations of the Safe Route to Schools program" (5-P-22 J. at p. 5-24; see also 7-P-15 B., at p. 7-13), more specific actions are needed. The City could implement a citywide Safe Routes to Schools Program (which could be the responsibility of the City Pedestrian and Bicycling Coordinator) that will: identify and prioritize, for each school, the improvements needed to facilitate walking and biking; identify potential funding sources; include a schedule for completing the improvements; provide education and incentives to increase: walking, biking, carpooling and school bus use; monitor the results of the program and make appropriate updates and revisions.15 Add a policy to give priority for city funding of the planning and construction of the street improvements that are identified. • under Policies and Programs 7-P-12 (draft General Plan at p.7-13), add a requirement that new schools are cited in locations that maximize opporiunities for access by walking and biking. • develop and implement a comprehensive parking management program to encourage walking, biking, carpooling, and transit use," The City should evaluate use of the parking management options listed at page 5-14 of the General Plan, including, but not limited to, the following: employ "unbundled" parking (where rent for residential or commercial space does not include parking spaces; parking is paid for separately); eliminate minimum parking requirements; adopt appropriate on -street parking fees to reduce time spent searching for spaces 14 See httn://eetd.lbl.eov/Heatlsland/ and www,ena,eov/heatisld/imaees/extra/level3 uavineoroducts.html. Using lighter -colored pavement could also be part of the "green streets standards" that the City will develop. (See General Plan, Policies and Programs 3-P-104 B., at p. 3-27). " See Safe Routes to School Toolkit, National Highway Traffic Safety Administration (2002) at www.nhtsa.dot.eov/neoDle/iniurv/t)cdbimot/bike/Safe-Routes-2002; see also www.saferoutestnschools.org. ` For examples, see Reforming Parking Policies to Support Smart Growth, Handbook/Toolkit at: hitt)://www.mtc.ca,eov/t)lannine/smart ¢rowth/Darkinc seminar/Toolbox-Handbook.odf; City of San Buenaventura Downtown Parking Management Plan at: www.ei.ventura.ca.us/det)ts/comm dev/Dlannina communities/resources/downtown/DPMP.Ddf; Todd Lithman, "Parking Management: Strategies, Evaluation and Planning, Victoria Transport Policy Institute (August 24, 2007) at www.vtni.ore/Dark man.Ddf. ,F UU Le, lune inn-UJ-LUUntinU) 10: at) bIU bet ed (U P. 007 JAN -03-2008 16:01 DOJ. OAKLAND 510 622 2270 P.007 January 3, 2008 Page 6 in locations where off-street paid parking is available; use parking revenue to improve walkability in the area where the fees are collected. The draft General Plan requires the City to study feasibility of a citywide Transportation Demand Management Program (which includes parking management) funded by development fees (Policies and Programs 5-P-13 A., at p. 5-15), but does not require that the feasible parking management measures (either citywide or for the downtown area) are implemented. • add a policy/program to implement Goal 5-G-4: Transportation Demand Management and Parking (draft General Plan at p. 5-15) that requires evaluation of actions the City could take to increase ridesharing and transit use by City residents who commute to work outside of the City and requires the City to adopt and implement the feasible measures. • add a policy to give priority to funding infrastructure improvements and public amenities in and around the areas with mixed use and high density residential land use designations; • modify the policy for a climate action plan by requiring a climate action pian with implementation measures to meet the city's municipal GHG reduction target within 6 months; and requiring a climate action plan with implementation measures to meet the city-wide GHG reduction target within one year (the proposed Policies and Programs appear to make this optional, by stating: "The City may prepare a Community Climate Action Plan..." Revised Draft General Plan, Policies and Programs 4-P-22,"at p. 4-23). • instead of a goal to "provide leadership and guidance to encourage" sustainable site planning and green building practices, these should be required. (See draft General Plan, Goal 3- G-18: Sustainable Building, at p. 3-27) (this:wilI make the goal consistent with the policies and programs in Chapters 3 and 4 that require such measures). • specify the time -frame for adopting a mandatory green building ordinance (this is required in Policies and Programs 3-P-125 (Revised Draft General Plan at p. 4-25) but no time- frame is specified). • require recycling in all buildings (rather than just "encourage waste reduction and recylcing... ... See draft General Plan, Policies and Programs 4-P-19, at p. 4-16). • expand Policies and Programs 4-P-13 C (Revised Draft General Plan at p. 4-27) by adding that sources of renewable power that the City will investigate and implement include: installing solar photovoltaic systems to generate electricity for city buildings and operations; using methane to generate electricity at the City wastewater treatment plant; and installing combined heat and power systems. 14): add the following policies to implement Goal 4-G-4: Energy (draft General Plan at p. 4- - require energy efficiency and water conservation upgrades to existing non-residential ',S— RA uaLt,Ititle Jn11-urcuu0�inu-1 10:40 DIu occ ecru r.uu0 JAN -03-2008 1601 DOJ. OAKLAND 510 622 2270 P.008 January 3, 2008 Page 7 buildings at the time of sale, remodel, or additions;" - require new residential development to participate in the California Energy Commission New Solar Homes Partnership: and include onsite solar photovoltaic systems in at least 50% of the residential units (see httn://www.eosolarcalifomia.ca.uov/nshn/index,html); - require onsite solar generation of electricity in new retail/commercial buildings and parking lots/garages (solar carports); - develop a program to provide innovative, low-interest financing for energy efficiency and renewable energy projects. For example, allow property owners to pay for energy efficiency improvements and solar system installation through long-term assessments on individual property tax bills." adopt stronger requirements for use of recycled and reclaimed water. For example, modify or add to the Policies and Programs that implement Goals 8-G-1, 8-G-2 and 8-G-3 to: - require installation of graywater systems in new buildings, if feasible, to allow use of recyleed water for irrigation (see: www.owue.wate-r.ca.eov/does/aravwater Guide book.odn; - require new buildings to include plumbing for graywater systems; - require new development to provide the infrastructure needed for the City to deliver reclaimed water to the property for use in irrigation, if feasible. Thank you for your consideration of these comments. We would appreciate the opportunity to meet with you at your convenience if you would like to discuss these issues. If you have any questions, please contact me at the number above, or Deputy Attorney General Cliff Rechtschaffen, at 510-622-2260. Sincerely, /Sandra Goldberg/ SANDRA GOLDBERG Deputy Attorney General For EDMUND G, BROWN JR. Attorney General cc: Mayor Pamela Torliatt " See Berkeley's building efficiency ordinance at http://www.ci.berkeley.ca.us/sustainablelbuildings/ceco.htmi. " The City of Berkeley is in the process of instituting a "Sustainable Energy Financing District" See: httn://www.citvofberkelev,info/Mavor/GHG/SEFD-summarv,htm, TOTAL P.008