DISCUSSION/ANALYSIS:
The ruling in the Berkeley case is relevant because staff is in the preliminary phases of developing an electrification ordinance for the City of Del Mar. The direction from City Council during its February 2023 goals and priorities workshop predates the recent decision by the U.S. Ninth Circuit Court of Appeals in California Restaurant Association v. City of Berkeley.
In discussions with the State and neighboring San Diego North County cities, staff has learned that other local jurisdictions have postponed the development and adoption of their proposed electrification ordinances based on the recent ruling. Staff is not aware of any jurisdiction that has repealed its ordinance since the Berkeley decision was issued.
Although the State does yet not know how this decision will impact local agencies, the State is working closely with interested agencies to evaluate options that would allow local jurisdictions to adopt a building electrification ordinance in compliance with EPCA. As indicated in a recent overview and update on this case provided by the City Attorney, staff and the City Attorney’s office will continue to monitor and report back as new information becomes available.
Given that staff and the City Attorney are waiting to hear whether the City of Berkeley intends to appeal the Ninth Circuit ruling, and to receive the State’s formal response on the impacts of the ruling and recommendation to local jurisdictions, staff recommends putting the development of a building electrification ordinance for the City of Del Mar on hold. In the meantime, staff recommends that the City Council consider adding the balloon ban ordinance to the SAC work plan (Attachment A) to be worked on by staff in conjunction with the SAC until such time that the City has more certainty with regard to next steps and timing for development of a building electrification ordinance.
ATTACHMENTS:
Attachment A – Sustainability Advisory Committee (SAC) FY2023-2024 Work Plan 2 June 5, 2023 Item 15
SUSTAINABILITY ADVISORY COMMITTEE
FY 2023-2024 COUNCIL APPROVED WORK PLAN
The Sustainability Advisory Committee, in coordination with staff and Council liaisons, prepared the following proposed FY 2023-2024 Work Plan, which was approved by the committee at their January 30, 2023, meeting and approved by City Council on March 20, 2023.
Item #1: Building Electrification Ordinance (BE)
o Description: Work with staff to develop and draft a BE ordinance for approval by City Council.
o Subcommittee: Building Electrification Subcommittee
o Resources Requested: Pro bono consultants have been identified who will work with staff to draft the ordinance based on the Encinitas model. Funding and staff time would be required to work with the committee to draft a BE ordinance. This would include consulting with the City Attorney, consultants and community members via an outreach program.
o Additional Information: SAC can continue to advise regarding the drafting of the BE ordinance. SAC can continue to do outreach/education about BE to the community and to stakeholders. This includes writing articles for Del Mar Weekly and other community publications as well as distribute handouts educating the public on advantages of constructing all-electric buildings. o Priority: High
Item #2: Outreach
o Description: SAC will provide outreach as mentioned above for building electrification and organics recycling, in consultation with staff and our Council Liaisons. Work with City staff to keep the City’s Go Green Website up to date.
Update residents of any rebates for energy efficiency, electric appliances, etc. either through SAGE or through state and local funding mechanisms, including IRA funding. Provide periodic topics/articles for inclusion in Del Mar Weekly and existing communication tools.
o Subcommittee: Outreach Subcommittee
o Resources Requested: Staff time to assist with the development of a regular schedule of postings, with review and publishing across different mediums (print & digital) using the City’s existing communication tools. Funding for livestreaming/broadcast of work plan items. o Additional Information: N/A
o Priority: High
Item #3: Plastics Reduction & Pollution
o Description: SAC will review and make recommendations on city actions to further reduce the use, consumption, and disposal of plastics, including littering in public spaces, parks and beaches.
o Subcommittee: Plastics/ Zero Waste Subcommittee
o Resources Requested: None.
ATTACHMENT A
3 June 5, 2023 Item 15
Sustainability Advisory Committee
FY 2023-2024 Approved Work Plan
o Additional Information: SAC recommends that staff adopt the SB ordinance wording.
o Priority: Medium
Item #4: Solid, Organics, Recycling Waste
o Description: SAC will assist with community outreach to help the community adjust to the new organic recycling requirements. SAC will work with staff to be sure that multifamily property renters have adequate access to organic recycling, and to information regarding paper, plastic and metal recycling. Add “trash talk” to Del Mar Weekly as well as other periodicals as needed as part of community outreach. We have already ascertained that EDCO does not provide organic recycling or other recycling information to renters, but only to multifamily property owners who have not been giving the information to tenants. o Subcommittee: Plastics/ Zero Waste Subcommittee
o Resources Requested: Staff time would be required to work in conjunction with the City’s solid waste provider EDCO. Staff time to publish material on behalf of the SAC in public facing mediums.
o Additional Information: N/A
o Priority: Medium
Item #5: Draft Updated Resolution Addressing Del Mar’s Commitment to do its Part to Address the Climate Crisis
o Description: Draft updated Resolution addressing Del Mar’s commitment to do its part to address the climate crisis and share it widely with our state, regional, local, and federal officials.
o Subcommittee: N/A
o Resources Requested: None.
o Additional Information: N/A
o Priority: Medium
Item #6: Helium Balloon Ban Ordinance
Description: Work with staff to develop and draft a helium balloon ban ordinance for approval by City Council.
Subcommittee: Plastics/ Zero Waste Subcommittee
Resources Requested: Funding & staff time would be required to work with the committee to draft ordinance. This would include costs for consulting with the City Attorney to review the ordinance.
Additional Information: SAC to serve in an advisory capacity to provide feedback to staff on draft ordinance prior to recommending to City Council.
Priority: High
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