ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF BELMONT ADOPTING A MILITARY
EQUIPMENT POLICY FOR THE POLICE DEPARTMENT
WHEREAS, on September 30, 2021, California Assembly Bill 481 (AB481) was signed into law, regarding the funding, acquisition, and use of law enforcement equipment by law enforcement agencies; and]; and,
WHEREAS, Government Code Section 7070 adopted by AB 481 requires law enforcement agencies to obtain the City Council’s approval by an ordinance adopting a military equipment use policy before taking certain actions relating to the funding, acquisition, or use of military equipment; and,
WHEREAS, the military equipment use policy is incorporated in Belmont Police Department Policy Manual 710; and,
WHEREAS, Policy 710 is consistent with the definition of a military equipment use policy as provided in Government Code section 7070 which lists the subjects to be addressed by a military equipment use policy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. LEGISLATIVE FINDINGS
The City Council determines that:
(a) The military equipment identified in Policy 710 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) Policy 710 will safeguard the public’s welfare, safety, civil rights, and civil liberties. (c) The military equipment identified in Policy 710 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) The City did not have a military equipment use policy before the adoption of this ordinance, however, all prior military equipment use complied with polices in effect at the time.
SECTION 2. MILITARY USE POLICY ADOPTED
Belmont Police Department Policy 710, attached hereto as Attachment 1, is approved under Government Code Section 7071 as the military equipment use police for the Department.
SECTION 3. ANNUAL REPORT
The Chief of Police is to prepare and timely submit an annual military equipment report to the Council as provided in Government Code Section 7072.
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SECTION 4. ANNUAL REVIEW
The City Council will review this Ordinance in conjunction with the annual military equipment report at least annually in accordance with Government Code Section 7071.
SECTION 5. EFFECTIVE DATE.
This Ordinance takes effect and will be enforced 30 days after its adoption. * * *
The City Council of the City of Belmont, California introduced the foregoing ordinance, on [insert date], 2012 and adopted the ordinance at a regular meeting held on [insert date], 2012 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
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Military Equipment
AB 481
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• Current Law – the Federal Surplus Property Acquisition Law of 1945.
This authorized a local agency to acquire surplus military equipment • AB 481 became law on Jan 1st, 2022
• Legislative goal was to provide safeguards for the public around the use of military equipment within the community
• Intent is to provide a public forum to discuss the acquisition of military equipment
Overview
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Per AB 481 “Military Equipment”
• The police department has equipment which falls under the definition presented in AB 481. (The title of the original bill can be a misleading)
• The police department does not possess nor has requested Surplus Property Acquisition Law of 1945.
Do We Have Military Equipment??
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Police Department creates a “Military Equipment” use policy. May 1st, 2022, the Governing Body must start the approval process. Gov. Section 7071 Requires Governing Body to adopt ordinance at a regular meeting.
Governing Body Annual Review
Process
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• Summary of how military equipment was used.
• Summary of complaints or concerns received regarding military equipment. • Results of internal audits, information about violations of military equipment use policy, and actions taken in response.
• Total annual cost for each type of military equipment • If the police department intends to acquire additional military equipment in the next year, quantity sought for each type.
• Within 30 days of submitting report, the police department shall hold a community engagement meeting to discuss report and answers questions. Report will also be published on the police department website for public review.
Annual Reporting
6/10/2022 Belmont Presentation Template 5
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6 Questions??
KS1
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Slide 6
KS1 Kenneth Stenquist, 3/14/2022
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Reach Energy Code Update
STAFF REPORT
Meeting Date: June 14, 2022
Agency: City of Belmont
Staff Contact: Carlos de Melo, Community Development Director, (650) 595-7440, [email protected]
Agenda Title: Energy Reach/EV Infrastructure Code Amendments Agenda Action: Ordinance
Recommendation
1. Conduct Public Hearing.
2. Consider and adopt Energy Reach & EV Infrastructure Code Amendments Ordinance (2nd Reading).
Strategic Focus Area
Quality of Life
Background
Every three years, the State of California adopts new building standards that are organized in Title 24 of the California Code of Regulations, referred to as the California Building Standards Code (CBSC). This regular update is referred to as a “code cycle.” The current code cycle was adopted in 2019 and became effective on January 1, 2020. Cities and counties can adopt reach codes that require items that are above the minimum state code requirements. However, these reach codes must be filed with the State.
Belmont briefly reviewed the Energy Reach Code concept in conjunction with the CBSC Adoption process in December 2019, in conjunction with a Climate Action Plan (CAP) update in March 2021, and via updates in October 2021 and February 2022. At the conclusion of City Council review of the matter at their February 8, 2022 meeting, Council provided direction on code language to be incorporated into an Energy Reach & EV Infrastructure Amendments Ordinance. Staff has prepared a subsequent Ordinance (First Reading) for Council consideration as part of tonight’s agenda item.
At the April 26, 2022 City Council meeting, the Council reviewed the Model Energy Reach & EV Infrastructure Code Amendments (1st Reading of Ordinance), and discussed the item. At the conclusion of their discussion, the Council directed staff to set and conduct a future Public Hearing for the 2nd Reading of the Ordinance. No Council modifications were directed for the Draft Ordinance.
Analysis
Building Electrification
In August 2021, the California Energy Commission (CEC) adopted the 2022 Building Energy Efficiency Standards (”2022 Energy Code”). The 2022 Energy Code was also considered by the California Building Standards Commission (CBSC) in December 2021. The proposed 2022 Energy Code, which is slated to go into effect on January 1, 2023, includes a few key changes from the 2019 Energy Code. This includes promoting usage of electric heat pump technology, establishing electric-ready requirements for buildings 729
Reach Energy & EV Infrastructure Code Amendments
when natural gas is installed, updating requirements for solar photovoltaic (PV) system and battery storage standards, and bolstering ventilation standards.
Provisions for multifamily buildings include a compliance pathway for central heat pump water heating and prescriptive heat pump requirements for multifamily HVAC systems in dwelling units. Single-family dwelling requirements include a new prescriptive baseline based on either a space heating heat pump or heat pump water heater. Nonresidential buildings will be required to add efficiency measures if not meeting prescriptive requirements such as heat pump space heating.
Funded by the California investor-owned utilities (IOUs), the California Statewide Codes and Standards Program (Statewide Program) led the development of a cost-effectiveness studies for Energy Code reach codes that examined different performance-based approaches for new construction of specific building types. The Statewide Program’s analysis estimated cost-effectiveness of several building prototypes including one-story and two-story single-family homes, a two-story and five-story multifamily building, a three-story office building, a one-story retail building, and a four-story hotel. The single-family homes, multifamily homes, and office building prototypes are directly applicable to current Belmont development. Similar studies examining the cost effectiveness of electrification have been performed by multiple consultants as well as California Energy Commission staff, as referenced later in this report.
The City has seen a dramatic increase in multi-family residential activity within the last two years (over 490 units currently under construction), In addition, over 435 multi-family units (spread over 6 different projects) are currently in the review pipeline. The City also anticipates enhanced commercial development activity in the form of proposed Biotech/Life Sciences office uses in key redevelopment areas of the community - Island Parkway, Shoreway Road, and the Unincorporated Harbor Industrial Area (HIA) - over the next several years.
Building appliance electrification options can generally be broken into three categories:
• All-Electric Municipal Code: No gas hookup allowed (via municipal ordinance). This code is the most effective, avoids the triennial building code cycle, and is flexible in that a City may choose to include time-certain or existing building policies.
• All-Electric Building Code Amendment: Appliances must be electric has many of the same benefits as the Municipal Code option, except that it must be re-adopted with every triennial building code cycle.
• All-Electric-Preferred Building Code Amendment: Allows mixed-fuel buildings with high energy performance, requiring additional energy efficiency measures, battery storage, and/or pre-wiring for buildings to be electric-ready. In many ways, the 2022 California Energy Code is already electric-preferred.
Electric Vehicle Charging Infrastructure
Electric Vehicle (EV) charging requirements in California can generally be broken into three categories:
• EV Charging Installed: All supply equipment is installed at a parking space, such that an EV can charge without additional equipment.
• EV Ready: Parking space is provided with all power supply and associated outlet, such that a charging station can be plugged in and a vehicle can charge. 730
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• EV Capable: Conduit is installed to parking space, and building electrical system has ample capacity to serve future load. An electrician would be required to complete the circuit before charging is possible.
EV charging capacity and speed can be summarized as three categories:
• Level 1: Capable of charging at 120V, 20A. This is an equivalent to a standard home outlet. • Level 2: Capable of charging at 240V, 30-40A. This is the service capacity typically used for larger appliance loads in homes.
• Level 3 (DC Fast Charging): Capable of charging at 20-400kW. This is the type of charger used for Tesla Superchargers and DC Fast Chargers at some supermarkets.
The 2022 California Green Building Code Update (Title 24, Part 11) increases requirements for electric vehicle charging infrastructure in new construction; including:
• New one- and two-family dwellings and townhouses with attached private garages: must be Level 2 EV-capable.
• Multi-family dwellings: 10% of parking spaces must be Level 2 EV Capable, 25% of parking spaces must be low-power Level 2 EV Ready, and 5% must be Level 2 EV Charging Installed. • Non-residential: 15% of parking spaces must be Level 2 EV-capable, and 5% must be Level 2 EV Charging Installed.
Discussion
Building Appliance Electrification
An all-electric required model Ordinance requires specific end-uses to install electric appliances, with exceptions. For multiple reasons including health, safety, economics, and environmental benefits, there is considerable interest in mandating all-electric new construction, or “building electrification,” which means that the buildings would not have any fossil fuel services. All-electric buildings have electric appliances for space heating, water heating, clothes-drying, and cooking. The interest in building electrification stems from the fact that Peninsula Clean Energy is providing 100% carbon-free electricity and eliminating the use of natural gas can greatly reduce greenhouse gas emissions from the building sector.
Electric Vehicle Charging Infrastructure
It is widely known that availability of EV charging infrastructure is a critical component to EV adoption.
Meanwhile, it is significantly more expensive to install charging infrastructure as a retrofit than it is during new construction. As such, ensuring that newly constructed residential and non-residential parking has ample EV charging capability will reduce long-term costs of EV infrastructure installation, while helping to increase EV adoption and decrease transportation-related greenhouse gas emissions. While California’s new minimum requirements are a step forward, it is unlikely that the requirements for multi-family dwellings and non-residential buildings are enough to keep pace with expected EV growth looking towards 2030. The Peninsula Clean Energy team reviewed approaches to increase the amount of EV infrastructure in new construction buildings, while keeping construction costs as low as possible. 731
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Community Engagement
As part of the Council’s 10/12/21 update, staff shared the results of a community-wide survey (August through September 2021) regarding perspectives on Reach Code impacts to residents, businesses, and developers. As part of the Council’s 2/8/22 update, staff shared Biotech/Life Sciences stakeholders/pending developers feedback. As part of the 4/26/22 Council meeting for the Draft Ordinance, public comments/feedback/support were received.
Common Concerns (Community and Council)
A number of concerns (and requests for additional information) have typically arisen from communities, city councils, and other stakeholders when considering a reach code. Responses to common reach code concerns are listed below:
• Electricity grid costs and reliability: While true that distribution grid upgrades can sometimes be expensive, these costs are offset by savings gained through all-electric construction. Public Safety Power Shut-offs are a concern; however, gas appliances & infrastructure do not promote resilience, as most gas appliances also require electricity to ignite. Furthermore, the gas grid takes longer to reactive than the electric grid when natural disasters such as wildfires or earthquakes do occur. • Technical challenges with installing central heat pump water heaters: This will be alleviated with more contractor trainings and the CPUC funded BUILD and TECH programs. Belmont can consider exemptions for entitled projects to help address this issue. • Effectiveness of heat pumps: Heat pumps are over 300% efficient in Belmont’s climate, compared to 90% for gas or electric resistance alternatives, and are used effectively even in much colder climates as the Pacific Northwest and New England regions. The majority of homes built in the U.S. are already all-electric, with heat pumps representing a significant portion of new installations.
• Whether electricity is clean: PCE base service is 100% carbon neutral today and targets 100% renewable “round the clock” by 2025.
Previous Council Questions/Requests for Additional Information/Exceptions for Consideration • Outline the availability of electric equipment: Most technologies for all-electric retrofits are currently available. For example, heat pump water heaters are commonly available at Home Depot, and induction appliances are among the highest rated by Consumer Reports. • Hire credible consultant to analyze a typical 2,000 sf home and run it through several simulation programs under five different scenarios – outlined below: With some exceptions (noted below), this action has been completed twice as part of the Statewide Utility Codes and Standards program adoptions. The size of home used in these studies is 2,400 ft2 :
o See link to the first study by Frontier (https://peninsulareachcodes.org/wpcontent/uploads/2019/09/2019-Res-NC-Reach-Codes.pdf) using federal minimum efficiency equipment, and,
o Link to the second study by E3 (https://www.ethree.com/wpcontent/uploads/2019/04/E3_Residential_Building_Electrification_in_California_April_2019 .pdf), the results of which were used in this Cost Infographic (https://peninsulareachcodes.org/wp-content/uploads/2019/10/Electrification-Cost-StoryInfographic_v8.1.pdf). 732
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1. All gas - Using real world examples with Belmont temperatures and actual utility prices.
Included in both studies noted above.
2. All electric - Except for gas for space or water heating. No gas cooking; no gas clothes dryer. Appliance results are disaggregated in the E3 study noted above.
3. All electric - But, using electric resistance for space heating. Excluded. This analysis may not be necessary as you typically cannot install resistance for space heating in CA unless you are building an extremely efficient envelope.
4. All electric-using heat pumps. Included in both studies.
5. All electric-using solar. Included in the Frontier study.
Provide analysis of all above scenarios in current day-Belmont terms: Analysis performed in Climate Zone 3 using PG&E utility rates. All-electric is cost effective due to the upfront cost savings, and can provide on-bill cost savings if you use these cost savings to install extra solar. • A proposed Ordinance should also include exceptions. (i.e. pharmaceuticals/medical labs that must use flame; restaurant and hotel banquet kitchens that use certain type of cooking; Commercial buildings where it is infeasible or economically unjustifiable.) The attached Reach Code Ordinance Amendments allow for these types of exceptions. • Council requested feedback to include single family homes (new or substantial remodel) as being subject to Reach Codes. A commonplace definition for a “substantial remodel” trigger centers on replacement of more the 50% of the foundation or the above-sill framing. Several cities have adopted this approach and staff has included this language as part of the proposed Code Amendments.
• For the 2022 EV reach codes which will also be included as part of the state code adoption (and implementation on 1/1/23), technical advisory staff is fine tuning the code language and percentages, but they will remain at a 100% access requirement for Multi-Family Residential buildings.
• The Council also indicated seeking some nuanced Reach Code exceptions and used central water heating as an example of a technical challenge. Below are a few design resources indicating why central water heating is a surmountable challenge:
o Building Decarbonization Practice Guide – for practitioners and includes central water heating discussion in section 2.6.2
o Ecosizer – a design resource for engineers and energy consultants o Building Electrification Technology Roadmap – covers the technical capabilities of a variety of end-uses
• The Council also indicated they would like to see a ‘neutral’ report on electrification. There are several studies developed for the California Energy Commission staff and their consultants on this topic:
o Deep Decarbonization in a High Renewables Future – Identifies electrification as o The Challenge of Retail Gas in California’s Low Carbon Future o Building Decarbonization Assessment (AB3232)
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Building Appliance Electrification Reach Codes
Staff worked with PCE/SVCE’s consultants to interpret the previous study results and infer what options may or may not be cost-effective for the building types that are prevalent in Belmont but were not analyzed by the team. Peninsula Clean Energy and Silicon Valley Clean Energy have also provided consultant support to assist cities in understanding the cost-effectiveness study results and adopting reach codes.
Current reach codes (under consideration) meet the requirements of the CEC for cost-effectiveness and are also a cost-effective approach for constituents, contractors, and developers pursuing new construction within city limits. In addition, the results of the analysis show that all-electric buildings are typically less expensive to construct.
As such, the staff-recommended reach code requirements for newly constructed buildings are:
• Require new multifamily and commercial buildings to be all-electric with limited exceptions. • Require all exempted appliances have electrical pre-wiring to accommodate a future electric appliance.
• Require all new Single Family Dwellings (SFD) to be all-electric. This requirement extends to substantial SFD remodels (i.e. when replacement of more than 50% of the foundation or the abovesill framing occurs).
Exceptions include:
• Nonresidential buildings containing kitchens located in a place of public accommodation, may apply for a modification to install commercial food heat-processing equipment served by fuel gas.
The City may grant the modification if they find: 1) A business-related need to cook with combustion equipment; 2) The need cannot be achieved equivalently with an electric heating appliance; and 3) The applicant has employed reasonable methods to mitigate the greenhouse gas emissions of the combustion equipment.
• Laboratory areas within Non-Residential Buildings may contain non-electric Space Conditioning Systems. To implement this exception, an applicant shall provide third party verification that the All-Electric space heating requirement is not cost effective and feasible. • Hotels and motels with eighty or more guestrooms may utilize fuel gas in on-site commercial clothes drying equipment.
• If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the City may grant a modification. The City may approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
Electric Vehicle Charging Infrastructure Reach Codes
Unlike amendments to the Energy Code, a cost-effectiveness study is not required for amendments to Title 24, Part 11, or the Green Building Code “CALGreen” which covers items such as electric vehicle (EV) charging infrastructure. However, to evaluate the financial impact on first costs, PCE/SVCE commissioned an analysis of the total cost of implementing various EV infrastructure measures. Staff has consulted with Peninsula Clean Energy, Silicon Valley Clean Energy, and the Statewide Program’s team 734
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to understand and potentially establish new construction EV requirements which are more in-line with local EV adoption trends, while providing flexibility for the builder and keeping construction costs as low as possible. EV infrastructure requirements included in the proposed Code Amendments are:
Residential
• Single Family:
o 1 Level 2 EV Ready
o 1 Level 1 EV Ready
• Multi-Unit Dwelling:
o 40% of the units, 1 Level 2 EV Ready
o 60% of the units, 1 Level 1 EV Ready
Exceptions include:
• Accessory Dwelling Unit (ADU’s) & Junior Accessory Dwelling Unit (JADU’s) without additional parking facilities & without electrical panel upgrade or new panel installation. • Buildings with entitlement permits.
• Documented high costs for providing utility service, and lower levels of charging infrastructure for 100% affordable housing projects.
Non-Residential Office
• 20% of the parking spaces, Level 2 EV Ready
• 30% of the parking spaces Level 2 EV Capable
Non-Residential, Non-Office
• 10% of the parking spaces, Level 2 EV Ready
• 10% of the parking spaces, Level 2 EV Capable
The use of Automated Load Management Systems (ALMS) is encouraged. ALMS curtail charging speeds during rare instances of building-wide simultaneous EV charging demand, mitigating electrical infrastructure costs such as utility service connections and transformer sizing.
Environmental Assessment
In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15308, adoption of the proposed Ordinance Amendments is categorically exempt from CEQA, because it imposes stricter energy efficiency requirements and is a regulatory action authorized by state law and intended to protect the environment.
Alternatives
1. Direct staff to revise or remove specific local amendments germane to the Reach Code & EV Infrastructure Ordinance.
2. Request staff to bring back additional information for further consideration.
3. Take no action.
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Attachments
A. Ordinance – 2nd Reading
B. Resolution with Climatic Findings
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
1) Community survey conducted in August & September 2021 to solicit public feedback regarding Energy Reach Code topics; 2) Consideration of Biotech/Life Sciences stakeholder position memos (January/February 2022). 3) Publishing of Newspaper Notification twice as required for adoption of an Ordinance by reference. 736
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT MAKING EXPRESS FINDINGS THAT MODIFICATIONS TO THE 2019 CALIFORNIA GREEN
BUILDING STANDARDS CODE BY REFERENCE AS AMENDED WITH LOCAL
REACH ENERGY STANDARDS ARE REASONABLY NECESSARY DUE TO LOCAL
CONDITIONS
WHEREAS, on April 26, 2022, the City Council introduced Ordinance ______ adopting and amending the 2019 California Green Building Standards Code as amended with Local Reach Energy Standards Codes; and,
WHEREAS, on June 14, 2022, the City Council conducted a public hearing regarding Ordinance ______ adopting and amending the 2019 California Green Building Standards Code as amended with Local Reach Energy Standards Codes; and,
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize the City to modify the building standards contained in the California Green Building Standards Code and other regulations adopted under Health and Safety Code Section 17922 if found by the City to be reasonably necessary because of local climatic, geologic, or topographic conditions; and,
WHEREAS, the City Council has considered the April 26, 2022 and June 14, 2022 staff reports discussing the proposed amendments to building standards in the 2019 California Green Building Standards Code as amended with Local Reach Energy Standards Codes, and the presentations by staff, and has considered the proposed ordinance containing the amendments attached to the report, and has reviewed the proposed findings attached to the report.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. Reasonably Necessary Amendments Due to Local Conditions. (a) The amendments to the 2019 California Green Building Standards Code as amended with Local Reach Energy Standards Codes are found to be reasonably necessary because of local climatic, geological or topographical conditions. (b) The City Council finds that the conditions listed in Attachment 1 attached hereto are, in fact, local climatic, geological and topographical conditions. (c) The conditions listed in Attachment 1 make the amendments to the 2019 California Green Building Standards Code as amended with Local Reach Energy Standards described in Attachment 1 and contained in the ordinance referenced above are reasonably necessary for the reasons stated in Attachment 1 and in the April 26, 2022 and June 14, 2022 staff reports. * * *
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ADOPTED June 14, 2022, by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
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City of Belmont Resolution 2022 -
Attachment 1
Necessary Modifications to 2019 California Green Building Standards Code as amended with Local Reach Energy Standards Codes Due To Local Conditions Introduction
City of Belmont Ordinance 2022-______ contains amendments, deletions and additions to provisions reproduced in the 2019 California Green Building Standards Code as amended with Local Reach Energy Standards Codes. The modifications to the Green Building Standards codes are reasonably necessary because of the climatic, geologic, and topographic conditions found in the City of Belmont. In accordance with Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5, this document describes the climatic, geologic, and topographic conditions found in the City of Belmont and the specific modifications and the local conditions determined by the City of Belmont to make modifications to the Green Building Standards Codes reasonably necessary.
Part I:
Local Conditions
A. Profile of the City Of Belmont
The City of Belmont is located in southern region of the San Mateo County. The City of San Mateo is to the north, Redwood City and Foster City to the east, and San Carlos and unincorporated areas of San Mateo County are to the south. The City encompasses an area of roughly 4.6 square miles, with a resident population of approximately 27,000. The City includes large tracks of open space found in the steep forested ridges and foothills in the western portions of the city. Highway 101 passes through the City near its eastern edge, and Interstate 280 passes by the City near its western edge.
B. Climatic, Geologic, and Topographic Conditions
The climatic, geologic, and topographic conditions found in the City of Belmont necessitate making modifications to the building standards in the 2019 California Green Building Standards Code with Local Reach Energy Standards Codes in order to provide a reasonable degree of fire and life safety in this community. These conditions are discussed in detail below.
1. Climatic Conditions.
The City of Belmont, on average, experiences an annual rainfall between 18 to 25 inches.
This rainfall can be expected between October and April of each year and is based on the 100 year weather almanac. However, during the summer and early fall months there is little, if any, measurable precipitation. During this dry period, the temperatures are usually between 70°-90° with light to gusty westerly winds. These drying winds, mixed with the natural vegetation, which is dominant throughout the area, creates a hazardous fuel condition, which further create extensive 739
grass and brushland fire risk. With residential developments encroaching into these wooded and grass, or brush covered areas, wind and terrain-driven fires could have severe consequences and place lives and properties at risk.
2. Geologic Conditions.
(a) Earthquakes. Seismically, the City sits along the active San Andreas Fault, and is rated as a Seismic Zone 4. The relatively young geological processes that have created the San Francisco bay region are still active today.
(b) Soil Conditions. The City of Belmont lies in the southern end of San Mateo County.
The areas closest to the Bay are overlain by unconsolidated fine silty clay, known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. Bedrock lies beneath the area at depths generally three hundred (300) feet or more. The topography is essentially flat, dropping from an elevation of eight hundred (800) feet to sea level. The slope of the city extends upwards on the western side. Slopes range from (0) degrees to more than (20) degrees on some streets.
3. Topographic Conditions.
(a) Hills. Much of the City is located in hills. The hilly terrain has influenced development to follow the path of least resistance, creating a meandering pattern. The development pattern includes lots of inconsistent size, and development is often set deeply back from the street. The development pattern also does not lend itself to a good systematic street and road layout, which would promote easy traffic flow. It has, in fact, resulted in few major cross-town thoroughfares, which tend to be heavily congested, primarily during commute hours and seasonal periods of the year. “Pass-through” vehicular traffic in the City, such as the areas of the Alameda de Las Pulgas, Ralston Avenue, and El Camino Real, increase commute time traffic for East and West bound vehicular movement to US 101 and Interstate 280. This creates barriers, which increases the response time of fire apparatus and other emergency vehicles. The topography of the City is also burdened by major structures. Employment areas are throughout the City, and the people who work in these complexes have added to the traffic congestion, thereby increasing fire apparatus response times.
(b) Vegetation. The hilly portions of the City contain trees, dense brush vegetation and a heavy growth of natural grasses that contribute to fuel-loading. The surrounding areas suffer several wildland fires each year.
(c) Roads and Streets. The number of vehicle miles driven is steadily increasing despite limited growth. Many older streets are narrow and steep. The impact of additional planned developments and increased traffic flow will continue to create an effect on the delivery of fire protection services.
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Part II:
Findings for Specific Modifications to Building Standards A. Belmont City Code (BCC) Section 7-98.202 added - Amendment of 2019 California Green Building Standards Codes (CGBSC) Section 202 (Definitions) B. Belmont City Code Section 7-98.4.106 added - Amendment of 2019 California Green Building Standards Codes (CGBSC) Section 4.106 (Site Development – Residential Buildings)
• 4.106.4 - Electric vehicle (EV) charging requirements for new construction • 4.106.5 - All-electric building requirements
• 4.106.5.1 - New construction and qualifying alteration projects requirements C. Belmont City Code Section 7-98.5.106 added - Amendment of 2019 California Green Building Standards Codes (CGBSC) Section 5.106 (Site Development – Non-Residential Buildings)
• 5.106.5.3 - Electric vehicle (EV) charging for new construction • 5.106.13 - All-electric buildings requirements
• 5.106.13.1 - New construction and qualifying alteration projects requirements These amendments are justified on the basis of a local climatic condition. Failure to address and significantly reduce greenhouse gas (GHG) emissions could result in rises in sea level, including in San Francisco Bay, that could put at risk Belmont residential buildings, nonresidential buildings, businesses, public facilities, and Highway 101 (Bayshore Freeway), particularly the mapped Flood Hazard areas of the City. Energy efficiency and the use of renewable energy sources are key components in reducing GHG emissions, and construction of more energy efficient buildings with dedicated renewable energy installations can help the City of Belmont reduce its share of the GHG emissions that contribute to climate change. The burning of fossil fuels used in the generation of electric power and heating of buildings contributes to climate change, which could result in rises in sea level, including in San Francisco Bay, that could put at risk Belmont residential buildings, non-residential buildings, businesses, public facilities, and Highway 101.
Energy efficiency enhances the public health and welfare by promoting the environmental and economic health of the City through the design, construction, maintenance, operation and deconstruction of buildings and sites by incorporating green practices into all development.
The provisions in this Chapter are designed to achieve the following goals:
a) Increase energy efficiency in buildings;
b) Increase resource conservation;
c) Provide durable buildings that are efficient and economical to own and operate; d) Promote the health and productivity of residents, workers, and visitors to the city; e) Recognize and conserve the energy embodied in existing buildings; and, f) Reduce disturbance of natural ecosystems.
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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF BELMONT ADOPTING THE 2019 CALIFORNIA
GREEN BUILDING STANDARDS CODE BY REFERENCE AS AMENDED WITH
LOCAL REACH STANDARDS
THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. REPEALS
All ordinances or parts of ordinances of the City of Belmont that are in conflict with this ordinance are repealed to the extent that they are in conflict with this ordinance.
SECTION 2. DRAFTING SYNTAX
Belmont City Code (BCC) section text is italicized in this ordinance to assist the reader in distinguishing between City of Belmont modifications to the California Building Standards Code and the City Code section text adopting the modifications.
For each section of the California Building Standards Code that is modified in part by the City of Belmont, whole subsections that are not modified are indicated by the subsection number followed by "{text not modified}"with the appropriate acronym for the specific code, which is to be codified as written. Each subsection that is deleted in its entirety by the City of Belmont is indicated by the subsection number followed by "- deleted".
SECTION 3. BCC CHP 7, ART. IV, DIV. 10 ADDED
Division 10 is added to Belmont City Code Chapter 7, Article IV to read:
DIVISION 10 – GREEN BUILDING STANDARDS CODE
Sec. 7-96 2019 California Green Building Standards Code Adopted The 2019 California Green Building Standards Code (CGBSC), California Code of Regulations, Title 24, Part 11 is adopted by reference as the Green Building Standards Code of the City of Belmont, California. A copy of 2019 CGBSC shall be maintained on file in the office of the City Clerk.
Sec. 7-97 2019 CGBSC Appendix Chapters Adopted
(a) The following Appendix Chapters of the 2019 California Green Building Standards Code are adopted: none.
(b) The remaining Appendix Chapters are not adopted unless adopted by a state agency for application to occupancies subject to that agency's jurisdiction.
SECTION 4. BCC SECTION 7-98 AMENDED
Belmont City Code Section 7-98 is amended to read as follows:
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Sec. 7-98 Numbering of Amendments to 2019 CGBSC
The 2019 California Green Building Standards Code is amended as provided in Sections 7-
98.202, 7-98.4.106, and 7-98.5.106. The number to the right of the first decimal point in these sections corresponds to the section in the 2019 California Green Building Standards Code that is amended.
SECTION 5. BCC SECTION 7-98.202 ADDED
Belmont City Code Section 7-98.202 is added to read:
Sec. 7-98.202 Amendment of 2019 CGBSC Section 202 (Definitions) Section 202 of the 2019 California Green Building Standards Code is amended by adding or amending the following definitions. Definitions in 2019 CGBSC not shown below are unchanged.
AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.
ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
AUTOMATIC LOAD MANAGEMENT SYSTEMS (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, or panels, and share electrical capacity and/or automatically manage power at each connection point. ALMS systems must be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. An equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.
DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. 743
ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space.
An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
LABORATORY. Is a building or area where research, experiments, and measurements in medical and life sciences are performed and/or stored requiring examination. The building may include workbenches, countertops, scientific instruments, and supporting offices.
LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to provide at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch diameter and may be sized for multiple circuits as allowed by the California Electrical Code.
Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
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v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.
LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
SECTION 6. BCC SECTION 7-98.4.106 AMENDED
Belmont City Code Section 7-98.4.106 is added as follows:
Sec. 7-98.4.106 Amendment of 2019 CGBSC Section 4.106 (Site Development) 2019 California Building Code Section 4.106 (Residential Mandatory Measures – Site Development) is amended to read:
4.106.1 – 4.106.3 {text unchanged}
4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers.
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Exceptions:
1. Where there is no commercial power supply.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. ADUs and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.
3. Multifamily residential occupancy R-2 building projects with valid entitlements granted by the City that have not otherwise expired before the effective date of this ordinance shall provide at least ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, with Level 2 EV Ready circuits. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number.
4. Code official may consider allowing exceptions on a case-by-case basis, if a building permit applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would exceed an average of $4,500 among parking spaces with Level 2 EV Ready Spaces and Level 1 EV Ready Spaces.
If costs are found to exceed this level, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.
5. One DCFC may be substituted for up to five (5) EVCS to meet the requirements Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
4.106.4.1 New one- and two-family dwellings and town- houses with attached private garages. For each dwelling unit, install a Level 2 EV Ready Space and Level 1 EV Ready Space.
Exception: For each dwelling unit with only one parking space, install a Level 2 EV Ready Space.
4.106.4.1.1 - deleted
4.106.4.2 New multifamily dwellings. The following requirements apply to all new multifamily occupancy R-2 dwellings.
1. New Construction
1.1 Affordable Housing
1.1.1 Fifteen percent (15%) of dwelling units with parking spaces shall be provided with at least a Level 2 EV Ready space and be EVCS. ALMS shall be permitted to reduce load when multiple vehicles are charging. 746
1.1.2 Twenty-five percent (25%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space.
1.1.3 Sixty percent (60%) of dwelling units with parking spaces shall be provided with at minimum a Level 1 EV Ready space.
1.2. All Other
a. Forty percent (40%) of dwelling units with parking spaces shall be provided with at least a Level 2 EV Ready space and be EVCS. ALMS shall be permitted to reduce load when multiple vehicles are charging. b. Sixty percent (60%) of dwelling units with parking spaces shall be provided with at minimum a Level 1 EV Ready space.
2. Existing Buildings
2.1 When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS.
2.2 When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20- ampere).
Notes:
1. Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis.
2. The requirements apply to multifamily buildings with parking spaces including:
a) assigned or leased to individual dwelling units, and b) unassigned residential parking.
3. In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A and/or 11B, it is recommended that all accessible parking spaces for covered newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV Ready Spaces.
4.106.4.2.1 {text unchanged}
4.106.4.2.1.1 {text unchanged}
4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. The EV spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm). 747
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 EV spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.
Exception: Where the city’s development regulations permit parking space dimensions that are less than the minimum requirements stated in this section
4.106.4.2.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with 2019 California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.
4.106.4.2.3 – deleted
4.106.4.2.4 – deleted
4.106.4.2.5 – deleted
4.106.4.3 – 4.106.4.3.6 {text unchanged}
4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.
4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. Multifamily residential building projects that have approved entitlements before the effective date of this section may install fuel gas for water heating systems serving multiple dwelling units. The applicant shall comply with Section 4.106.5.2.
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2. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification.
The applicant shall comply with Section 4.106.5.2.
Local enforcing agency may approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
4.106.5.2 Requirements for combustion equipment.
Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and,
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and,
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and,
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and,
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
SECTION 7. BCC SECTION 7-98.5.106 ADDED
Belmont City Code Section 7-98.5.106 is added as follows:
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Sec. 7-98.5.106 Amendment of 2019 CGBSC Section 5.106 (Site Development) 2019 California Building Code Section 5.106 (Nonresidential Mandatory Measures – Site Development) is amended to read:
5.106.1 through 5.106.5.2.1 {text unchanged}
5.106.5.3 Electric vehicle (EV) charging. [N] New construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate future installation of electric vehicle supply equipment (EVSE). When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:
Exceptions:
1. Where there is no commercial power supply.
2. One DCFC may be substituted for up to five (5) EVCS to meet the requirements Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
5.106.5.3.1 Class B Office buildings: Shared Parking Facilities.
1. New Construction
1.1 Twenty percent (20%) of parking spaces provided shall be Level 2 EV Ready and EVCS. ALMS shall be permitted to reduce load when multiple vehicles are charging.
1.2 Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.
2. Existing Building. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be Level 2 EV Ready and EVCS.
5.106.5.3.2 Other nonresidential buildings – shared parking facilities:
1. New Construction
1.1 Ten percent (10%) of parking spaces provided shall be Level 2 EV Ready and EVCS. ALMS shall be permitted to reduce load when multiple vehicles are charging.
1.2 Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.
2. Existing Building: When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work 750
requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be Level 2 EV Ready and EVCS.
5.106.5.3.3 Clean Air Vehicle Parking Designation. EVCS qualify as designated parking as described in Section 5.106.5.2 Designated parking for clean air vehicles.
Notes:
1. The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the New Policies & Directives number 13-01. www.dot.ca.gov/hq/traffops/policy/13-01.pdf.
2. See Vehicle Code Section 22511 for EV charging spaces signage in off-street parking facilities and for use of EV charging spaces.
3. The Governor’s Office of Planning and Research published a Zero-Emission Vehicle Community Readiness Guidebook which provides helpful information for local governments, residents and businesses. www.opr.ca.gov/ docs/ZEV_Guidebook.pdf.
4. Section 11B-812 of the California Building Code requires that a facility providing EVCS for public and common use also provide one or more accessible EVCS as specified in Table 11B-228.3.2.1.
5. It is encouraged that EV Ready parking spaces are designated as “EV preferred.”
5.106.5.3.4 - deleted
5.106.5.3.5 – deleted
5.106.8 through 5.106.12.3 {text unchanged}
5.106.13 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.
5.106.13.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.
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Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install commercial food heat-processing equipment served by fuel gas. The local enforcing agency may grant the modification if they find:
a. A business-related need to cook with combustion equipment; and, b. The need cannot be achieved equivalently with an electric heating appliance; and,
c. The applicant has employed reasonable methods to mitigate the greenhouse gas emissions of the combustion equipment.
The applicant shall comply with Section 5.106.13.2.
2. Laboratory areas within Non-Residential Buildings may contain non-electric Space Conditioning Systems. To implement this exception, an applicant shall provide third party verification that the All-Electric space heating requirement is not cost effective and feasible. The applicant shall comply with Section
5.106.13.2.
3. Hotels and motels with eighty or more guestrooms may utilize fuel gas in onsite commercial clothes drying equipment. The applicant shall comply with Section 5.106.13.2.
4. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification.
The applicant shall comply with Section 5.106.13.2
Local enforcing agency may approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
5.106.13.2. Requirements for combustion equipment. Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
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1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and,
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and,
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
SECTION 8. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Belmont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption. 753
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The City Council of the City of Belmont, California introduced the foregoing ordinance, on April 26, 2022 and adopted the ordinance at a regular meeting held on [insert date], 2022 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
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Appointment of a Retired Annuitant - Staff Report - Appointment of a Retired Annuitant
STAFF REPORT
Meeting Date: June 14, 2022
Agency: City of Belmont
Staff Contact: Afshin Oskoui, City Manager, [email protected], 650-595-7408 Agenda Title: Appointment of a Retired Annuitant
Agenda Action: Resolution
Recommendation
Adopt a resolution making findings and approving the appointment of retired annuitant Stacey Stevenson sooner than 180 days after her retirement.
Strategic Focus Area
Fiscal and Organizational Sustainability
Background
The Assistant City Manager position became vacant as of May 6, 2022. Additionally with recent retirements and vacancies within the City’s administrative functions, this provides an opportunity to continuously evaluate the organization to assure that its structure provides for the delivery of services to the community in the most efficient and effective way possible, and that the City Council’s projects, programs and initiatives can be accomplished. Additionally, one of the City’s core Strategic Focus Areas is Fiscal and Organizational Sustainability with an objective to strengthen organizational development.
With this in mind, this is an opportunity to evaluate our service delivery related to our administrative services functions, and as such the appointment of a recently retired Assistant City Manager is necessary to assist as a special project, of limited engagement, in conducting an Organizational Assessment of the City’s administrative operations.
This review will complement our continued efforts to operate effectively while maintaining appropriate service levels in an increasingly challenging economic and demanding environment. The Government Code sections 7522.56 & 21224 govern that the governing body must provide CalPERS a certification resolution when hiring a retiree before 180 days has passed since their retirement date, and the retired annuitant is hired to perform work of limited duration, such as elimination of a backlog, special project work, or to perform work exceeding regular staff work. The employment under this appointment incorporates all of the requirements under Government Code section 7522.56 and 21224.
The only compensation the retiree may receive is an hourly pay rate that is this no less and no more than the salary rates paid to other employees performing comparable work. The retired annuitant may be employed sooner than 180 days if the employer finds the person’s employment is necessary to fill a critically needed position and certifies the nature of the employment, and the City Council approves the appointment as an item of business not on the consent calendar. 755
Appointment of a Retired Annuitant - Staff Report - Appointment of a Retired Annuitant Analysis
The City Manager proposes to employ Mrs. Stevenson for a limited duration to provide assistance and expertise in conducting an Organizational Assessment of the City’s administrative operations. The primary intent and goal of the project is to conduct a management and operations study to consider the following:
• Identify the strengths and opportunities of the organization • Assess the allocation of personnel, financial, and equipment resources • Develop recommendations that will improve the organizational effectiveness and efficiency of City services
Mrs. Stevenson will be paid a compensation to retirees which is no less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this monthly pay rate.
Staff accordingly believes Mrs. Stevenson’s appointment meets both independent statutory basis for employing a retired annuitant to provide extra special projects help and meets the statutory exception to the 180-day waiting period for critically needed positions.
Alternatives
1. Defer to Staff for more information
2. Take no action
Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
With the vacancy of the Assistant City Manager position, there is sufficient vacancy savings in the City Manager’s Office operating budget in the remainder of the current fiscal year 2022 and anticipated in the next fiscal year 2023, and as such, no supplemental appropriation is required.
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
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RESOLUTION NO. 2022 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT MAKING
FINDINGS AND APPROVING THE APPOINTMENT OF RETIRED ANNUITANT STACEY STEVENSON SOONER THAN 180 DAYS AFTER HER RETIREMENT.
WHEREAS, the Assistant City Manager position became vacant as of May 6, 2022; and, WHEREAS, Government Code section 7522.56 requires a person newly retired in the CalPERS system to wait at least 180 days before returning to work for a CalPERS employer on a limited basis without restatement in CalPERS; and,
WHEREAS, if an employer certifies the nature of the employment and that the appointment of a CalPERS retiree is necessary to fill a critically needed position sooner than 180 days, the waiting period does not apply; and,
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, without this certification resolution; and
WHEREAS, the Belmont City Council, the City of Belmont and Stacey Stevenson certify that Mrs. Stevenson has not and will not receive a Golden Handshake or any other retirementrelated incentive; and WHEREAS, with recent retirements and vacancies within the City’s administrative functions provides an opportunity, to evaluate the organization to assure that its structure provides for the delivery of services to the Community in the most efficient and effective way possible and that the City Council’s projects, programs and initiatives can be accomplished; and, WHEREAS, Government Code sections 7522.56 & 21224 governs that the governing body must provide CalPERS a certification resolution when hiring a retiree before 180 days has passed since their retirement date, and the extra help retired annuitant is hired to perform work of limited duration, such as elimination of a backlog, special project work, or to perform work exceeding regular staff work.
WHEREAS, the appointment of a recently retired Assistant City Manager Stacey Stevenson is necessary to assist with a special project, of limited engagement, in conducting an Organizational Assessment of the City’s administrative operations; and, WHEREAS, The employment under this appointment incorporates all of the requirements under Government Code section 7522.56 and 21224.
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The City Council finds:
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(a) Mrs. Stevenson’s assistance is needed for work of a limited duration consisting of providing assistance and expertise in conducting an Organizational Assessment of the City’s administrative operations, focused on:
• Identifying the strengths and opportunities of the organization • Assessing the allocation of personnel, financial and equipment resources • Developing recommendations that will improve the organizational effectiveness and efficiency of City services
(b) Mrs. Stevenson will be paid an hourly rate that is no less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties as the Assistant City Manager, and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this monthly pay rate. (c) Mrs. Stevenson’s appointment meets both independent statutory basis for employing a retired annuitant to provide extra special projects help, and meets the statutory exception to the 180-day waiting period for critically needed positions.
SECTION 2. The council certifies the nature of appointment of Mrs. Stevenson as a retired annuitant to conduct an Organizational Assessment of the City’s administrative operations and certifies that the nature of her employment is to perform an evaluation of the city’s administrative operations.
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ADOPTED: June 14, 2022 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
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