HomeMy WebLinkAbout05/21/1991, 8 - REVISED CITY ELECTION CAMPAIGN REGULATIONS MEETING DIA
City Of San LUIS OBISPO 5/21/91
ITEM NUMBER:
AM COUNCIL AGENDA REPORT
FROM Pam V(4/City Clerk
SUBJECT: Revised City Election Campaign Regulations
CAO RECOMMENDATION: Introduce to print an ordinance adopting the Election
Campaign Regulations as recommended and repeal existing San Luis Obispo Municipal
Code election provisions in conflict.
BACKGROUND:
At its meeting of April 3, 1991, the City Council considered the recommendations of the
five-member Campaign Regulations Committee to revise the City's Election Campaign
Regulations. After discussion, the City Council gave conceptual approval to the ordinance
and supported the committee's recommendations with the following amendments:
L Supported retention of the $100 contribution limit per contributor.
2. Supported a penalty fee of $100 per day for late filing of City campaign
disclosure statements.
The amendments have been incorporated and the recommendation is to introduce the
ordinance to print. Upon ordinance adoption, staff will revise necessary campaign forms
to be in compliance.
Attachments:
Draft ordinance
Agenda report from 4/3/91 meeting
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ORDINANCE NO. (1991 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ELECTION REGULATIONS OF THE
MUNICIPAL CODE CHAPTER 2.40
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 2.40,Election Campaign Regulations,are revised as per
attached Exhibit A.
SECTION 2. A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published at least five (5) days prior to its final
passage in the Telegram-Tribune, a newspaper published and circulated in said city, and
the same shall go into effect at the expiration of thirty (30) days after its said final passage.
A copy of the full text of this ordinance shall be on file in the Office of the City Clerk and
after the date following introduction and passage to print and shall be available to any
interested member of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the 3rd day of April, 1991, on motion of
seconded by , and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Ron Dunin, Mayor
ATTEST:
Pam Voges, City Clerk
Ordinance No. (1991 Series)
Page 2
APPROVED:
. City Adini�stra ve .cer - _-- -
- me — — -- - - - - - - --- -
VAA-
City
Jerk - . — --
. 83
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Chapter 2.40
ELECTION CAMPAIGN REGULATIONS
Sections:
2.40.010 Title.
2.40.020 Purpose and intent.
2.40.030 Definitions.
2.40.040 Campaign treasurer --
Appointment required —
Compliance with provisions
required.
2.40.050 Contributions.
2.40.060 Election campaign accounts.
2.40.070 Campaign statements.
2.40.080 City Clerk's duties.
2.40.090 Criminal Misdemeanor Actions.
2.40.100 Civil Actions.
2.40.110 Injunctive Relief.
2.40.120 Cost of Litigation.
2.40.130 Disqualification.
2.40.140 Construction of Provisions.
2.40.150 Council study committee.
2.40.160 Expiration of provisions.
2.40.010 15tle:
This chapter may be cited as the Election Campaign Regulations of the city. (Ord.
1067 Section 1 Ex. A (part), 1986: prior code Sec. 2800)
2.40.020 Purpose and Intent.
A. It is the purpose and intent of this chapter:
1. To require public disclosure of campaign contributions and expenditures
including but not limited to those made in support of or in opposition to candidates
or measures in municipal elections;
2. To place realistic and enforceable limits on the amounts persons may
contribute in municipal election campaigns;
3. To promote integrity, honesty and fairness in municipal election
campaigns;
4. To insure that funds contributed to a campaign committee are used solely
for campaign purposes;
5. To insure a level of discussion of public issues adequate for a viable
campaign by providing voters with the information necessary to make an assessment
of each candidate or measure before voting; and
6. To provide full and fair enforcement of all the provisions of this chapter.
B. By enacting this chapter, the council does not intend to deprive or restrict any
citizen of the exercise of rights guaranteed under the United States Constitution and the
California Constitution. (Ord. 1067 Section 1 Ex. A (part), 1986: prior code Sec. 2801)
2.40.030 Definitions.
The following words or phrases shall have the meanings as indicated in this section
when used in this chapter:
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A. "Campaign statement" means a report, made on a form prescribed and
supplied by the City Clerk, which provides the information required by this chapter of
candidates and committees. Each campaign disclosure statement shall reflect all
contributions received and expenditures made through the closing date specified in Section
2.40.070.
B. "Campaign treasurer"means the duly appointed representative responsible for
financial accounting and reporting as required by this chapter. There shall be only one
campaign treasurer at a time for each campaign committee.
C. "Candidate" means any individual listed on the ballot for election to or recall
from any city office, or who has otherwise taken action to seek such election to city office.
D. "Committee" means any person or combination of persons which directly or
indirectly receives contributions or makes expenditures or contributions for the purpose
of expressly advocating the election or defeat of a clearly identified candidate or for
'supporting or opposing the passage of any measure. Committees shall be in one of two
categories:
1. A committee which receives contributions totaling $100 or more in a
calendar year (commonly referred to as a "Recipient Committee") or;
2. A committee which makes independent expenditures totaling $100 or
more in a calendar year which are not made to or at the behest of a candidate or
committee (commonly referred to as an "Independent Expenditure Committee").
E. "Contribution" means a payment, loan, forgiveness of a loan, payment of a
loan by a third party, or an enforceable promise to make a payment except to the extent
that full and adequate consideration is received, unless it is clear from the surrounding
circumstances that it is not made for campaign purposes. An expenditure made at the
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behest of a candidate or committee is a contribution to the candidate or committee, unless
full and adequate consideration is received for making the expenditure.
The term "contribution" includes money or property contributed by the
candidate, as well as discounts or rebates granted by television and radio stations and
newspapers which are not extended on an equal basis to all candidates for the same office.
The term "contribution" includes the purchase of ticket(s) for events such as
dinners, luncheons, rallies and similar fundraising events. Contribution reporting
requirements shall apply when the total accumulative ticket purchases by any one person
exceed the limitations set forth in subsection C 3 of Section 2.40.050.
The term "contribution" includes non-monetary contributions such- as art
objects, furniture, and similar items and also includes the receipt of anything of value
transferred from one committee to another.
The term "contribution" does not include amounts received pursuant to an
enforceable promise to the extent such amounts have been previously reported as a
_contribution. However, the fact that such amounts have been received shall be indicated
in the appropriate campaign statement.
The term "contribution" includes the payment of compensation by any person
for the personal services or expenses of any other person if such services are rendered or
expenses incurred on behalf of a candidate or committee without payment of full and
adequate consideration by the candidate or committee.
The term "contribution" does not include a payment made by an occupant of
a home or office for costs related to any meeting or fundraising event held in the occupant's
home or office if the costs for the meeting or fundraising event are $250 or less.
Notwithstanding the definition of"contribution" as set out in this subsection,
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the term does not include volunteer personal services or payments made by any individual
for personal travel expenses, if such payments are .made voluntarily without any
understanding or agreement that they shall be, directly or indirectly, repaid to the person.
F. "Election" means any general, special or recall municipal election of the City
of San Luis Obispo.
G. "Expenditure" means a payment, forgiveness of a loan, payment of a loan by
a third party, or an enforceable promise to make payment, unless it is clear from the
surrounding circumstances that it is not made for political purposes. An expenditure is
made on the date the payment is made or on the date consideration, if any, is received,
whichever is earlier.
H. "Immediate family" means a candidate's or elected officeholder's spouse and
dependent children.
I. "Independent expenditure" means an expenditure made by any person in
connection with a communication which expressly advocates the election or defeat of a
clearly identified candidate or the qualification, passage, or defeat of a clearly identified
measure or taken as a whole and in context, unambiguously urges a particular result in an
election but which is not made to or at the behest of the affected candidate or committee.
(Government Code Section 82031.)
J. "Measure" means any charter amendment or other proposition which is
submitted to a popular vote at any municipal election by the City Council, or which is
submitted or is intended to be submitted to a popular vote at a municipal election by
initiative, referendum or recall procedure whether or not it qualifies for the ballot.
K "Person" means an individual, proprietorship, firm, partnership,joint venture,
syndicate, business trust, company, corporation, association, committee and any other
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organization or group of persons acting in concert. (Ord. 1067 Section I Ex. A (part), 1986:
prior code Section 2802)
2.40.040 Campaign treasurer--Appointment required--Compliance with provisions
required.
A. Each candidate and/or each committee shall appoint a campaign treasurer.
A candidate may serve as the campaign treasurer for his/her campaign or for his/her
controlled committee.
B. Each campaign treasurer shall be responsible for complying with the
requirements of Title 9 of the California Government Code in addition to complying with
the provisions of this chapter. (Ord. 1067 Section 1 Ex. A (part), 1986: prior code Section
2803)
2.40.050 Contributions.
A. Transmittal to Campaign Treasurer. All persons who receive contributions
on behalf of a candidate or committee shall transmit the contributions in full to the
campaign treasurer promptly, together with a list showing the name and address of each
contributor and the amount of the contribution, subject to the exceptions provided in this
section.
B. Refusal to Accept. A candidate or a campaign treasurer shall have full
authority to refuse and to return any contribution offered, provided the contribution is
returned within 14 days of receipt and prior to deposit in the election campaign account.
C. Prohibitions.
1. No persodother than a candidate or the candidate's immediate family
members, shall make, and no campaign treasurer shall solicit or accept any
contributions which such person or campaign treasurer knows will cause the total
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contribution by a person on behalf of a candidate, or committee supporting or
- opposing the election of a candidate, to exceed $100 in any one election.
2. The above contribution limitations do not apply to committees formed
primarily to support or oppose the qualification or passage of a ballot measure.
Ballot measure committees may not makecontributions to candidates or committees
that make contributions to candidates.
3. No person shall make a contribution for any other person under an
assumed name or under the name of any other person.
4. No candidate nor any committee shall retain any amount of $25 or
more from one person or source without obtaining the name and address of that
contributor. Any anonymous contribution of$25 or more shall be forwarded to the
City Clerk and deposited in the City's treasury.
5. For the purposes of this section, a contribution shall be deemed
received at the time of actual receipt by the campaign treasurer.
6. No candidate or controlled committee shall make or accept any
contribution of $25 or more after five p.m., Monday, eight days preceding the day
of election, except that a candidate and/or a candidate's immediate family shall be
permitted to make additional contributions to the candidate or to the candidate's
controlled committee.
7. Any contribution of$100 or more from a single source which is made
to or received by a committee primarily formed to support or oppose a ballot
measure during the 16 days immediately preceding the election at which the measure
is being voted upon, must be reported to the City Clerk within 24 hours of the time
it is received or contributed. Any contribution of$100 or more from a single source
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which is made to or received by a committee primarily formed to support or oppose
a ballot measure during the eight days preceding the election at which the measure
is being voted upon, must be reported to the City Clerk within 24 hours. Late
contribution reports must be filed by telegram, mailgram, guaranteed overnight
delivery service, or personal delivery (not by regular mail).
8. No person shall deduct or withhold any amount or percentage from any
contribution. Any compensation provided to any person for solicitation, collection
or other service shall be treated as an election expenditure item
D. Aggregation of Contnbutions.
1. For the purposes of this section, contributions received from a husband
and wife shall be treated as if received one-half from each unless otherwise
designated by the contributor (Ord. 1067 Section 1 Ex. A (part), 1986: prior code
Section 2804)
2. Contributions made by two or more entities must be combined if the
same person, or a majority of the same person, directs or controls the contributions.
3. Contributions made by business entities in a parent-subsidiary
relationship and business entities with the same controlling owner (more than 50%)
must be combined unless the business entities act completely independently in their
decisions to make contributions. A parent-subsidiary relationship exists when one
business entity owns more than 50% of another business entity.
2.40.060 Election campaign accounts.
A. Candidate Intention Statement and the Campaign Bank Account.
1. Candidate Intention Statement. Any individual who intends to be a
candidate for a city elective office must file a statement of intention to run for office
8
prior to soliciting or receiving any contribution or loan. Form 501 (Candidate
Intention) is used to comply with this requirement, and is filed with the Fair Political
Practices Commission. A copy shall be filed with the City Clerk.
2. Candidate Campaign Bank Account. In addition to filing the
Candidate Intention Statement, an individual who plans to run for a city elective
office must set up a campaign bank account at a financial institution located in San
Luis Obispo. Within ten days of opening the account, the candidate must file Form
502 (Campaign Bank Account)with the Fair Political Practices Commission. A copy
shall be filed with the City Clerk.
B. Statement of Organization. For each campaign bank account into which
contributions totalling $1,000 are received (including the candidate's personal funds) or
within ten days of receiving contributions of $1,000 or more, a recipient committee
Statement of Organization (Form 410) must be filed with the State. A copy shall be filed.
with the City Clerk. If a Recipient Committee qualifies during the 16 days prior to an
election, it must file, by telegram or personal delivery within 24 hours of qualifying as a
committee, the information required to be reported in the Statement of Organization. This
form shall be filed wtih the City Clerk.
G Deposit of contributions. All campaign contributions accepted by a campaign
treasurer shall be deposited into the election campaign account by the campaign treasurer
or authorized agent.
D. Expenditures. Campaign expenditures shall be made only by checks drawn
against the election campaign account by the campaign treasurer or authorized agent, except
that a candidate or committee may establish one petty cash account
1. No more than $100 may be in the petty cash fund at any one time and
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no expenditure totaling $25 or more may be made from a petty cash account. The
petty cash account may be used only for expenses associated with the candidate's
election to the specific office for which the petty cash fund was established.
2. Petty cash or funds in the election campaign account shall not be
considered for any purpose to be personal funds of a candidate, campaign treasurer
or any other person.
D. Access to Records by City Clerk. The City Clerk shall have full access to a&
to the bank's records concerning all election campaign accounts.
E. Disbursement of Unexpended Campaign Funds. If,following the election,the
final campaign statement for any committee discloses an unexpended campaign surplus, the
campaign treasurer shall disburse the whole of the surplus to the city and/or a nonprofit
charitable (qualified for federal income tax exemption) organization of the campaign
treasurer's choice. This shall be done no later than the state's third campaign disclosure
statement deadline.
F. Closing of Account. Following the election and no later than the state's third
campaign disclosure statement deadline, the campaign treasurer shall close the election
campaign account and a second City campaign statement (Form 101 or 102) with the City
Clerk. State Form 415 is required if the total campaign account totaled $1,000 or more and
is filed with the Secretary of State (a copy shall be filed with the City Clerk) verifying the
closure and listing of donees of all disbursements authorized by subsection E of this section,
and the dollar amounts given to each donee.
G. Retention of Records. The campaign treasurer shall retain all campaign
statements and all other records required by this chapter for a period of four years after
the election. (Ord. 1067 Section 1 Ex. A (part), 2.40.070F, 1986: prior code Section 2805)
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2.40.070 Campaign statements.
A Required Filing Schedule. Every campaign treasurer, upon receiving or
expending $25 or more shall file with the City Clerk campaign disclosure statements
according to the following schedule:
1. State campaign disclosure statements shall be filed as required by the
provisions of Title 9 of the California Government Code.
2. A city campaign statement (Form 101 or 102) shall be filed no later
than 12:00 noon, Tuesday, one week before the election. The closing date of this
statement shall be five p.m., Monday, eight days before the election.
B. Contents.
1. . Each state campaign statement filed shall contain the information
required under the provisions of Title 9 of the California Government Code.
2. The city campaign statement (Form 101 or 102) shall consist of:
a. The name, address and amount of the contribution for each
person who contributes $25 dollars or more.
b. The total amount received from all persons who each contribute
less than $25.
C. The name and address of each person expending $25 or more
if qualifying as an Independent Expenditure Committee.
d. The total expenditures made by each committee.
C. Filing. Each document required to be filed in this chapter shall be filed with
the City Clerk during business hours, and elsewhere as may be required by Title 9 of the
California Government Code.
D. Filing fees, if any, shall be established by Council resolution.
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E. Publication. On the Saturday preceding the election, the City Clerk shall
publish in a newspaper of general circulation within the city the following information for
each committee:
1. Total receipts;
2. Total expenditures;
3. Contributions: the name of each person contributing$25 or more with
the amount contributed;
4. The name of each person(s) expending $25 or more if filing as an
independent expenditure committee;
5. In the event a candidate and/or committee fails to comply with the
campaign statement requirements pursuant to Section 2.40.070, a statement that the
candidate and/or committee has failed to comply by the required deadline.
2.40.080 City Clerk duties.
A Duties. In addition to any other duties required of the City Clerk under this
chapter, the City Clerk shall:
1. Prescribe and furnish, without charge, appropriate forms for all
campaign statements, documents and reports required to be filed by this
chapter;
2. Determine whether required statements and declarations have been
filed and, if so, whether they conform on their face with the requirements of
this chapter,
3. /Notify promptly all persons who have failed to file a statement in the
form and at the time required by this chapter;
4. Report, in writing, apparent violations of this chapter to the City
12
Attorney;
5. Compile and maintain a current list of all filed statements pertaining
to each reporting committee;
6. Permit a candidate to file a 400 word statement of qualifications and
a brief description of his/her stand on local issues at a date to be established by the
City Clerk.
Such statement shall be on a form provided by the City Clerk in
accordance with any other provision as set forth by Elections Code Section 10012 et
seq.
7. Place a timely advertisement(s) in a newspaper of general circulation
advising the public that a person(s) supporting or opposing a candidate(s) or a
measure through newspaper or other advertisements may be subject to city reporting
requirements.
B. Obtain Additional Help or Services. The City Clerk is authorized and
directed to hire part-time help, contract for services, and purchase supplies as the City Clerk
deems necessary to carry out the additional duties imposed on the City Clerk's Office by
this chapter. Within ninety days after each election, the City Clerk shall provide the council
with a detailed report of the total direct and indirect labor, materials and other costs
incurred by the City Clerk's Office in performing such additional duties (Ord. 1067 Section
1 Ex. A (part), 1986; prior code Section 2807)
2.40.090 Criminal Misdemeanor Actions.
A. Any person who violates any provision of this Chapter is guilty of a
misdemeanor. Any person who causes any other person to violate any provision of this
Chapter, or who aids and abets any other person in the violation of any provision of this
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Chapter, shall be liable under the provisions of this Section.
2.40.100 Civil Actions.
A. Any person who intentionally or negligently violates any provision of this Chapter
shall be liable in a civil action brought by the City Attorney or by a person residing within
the city for an amount nor more than three times the amount of the unlawful contribution
or expenditure.
B. If any person files an original city campaign disclosure statement after any
deadline imposed by this Chapter, he or she shall pay, in addition to any other penalties
provided for under this Chapter, the sum of $100 per day after the deadline until the
statement or report is filed. Liability may not be enforced if on an impartial basis the filing
officer determines that the late filing was not willful and that enfrocement of the liability
will not further the purposes of this Act. Liability shall not be waived if the first city pre-
election campaign statement is not filed within five days, and the second and final city
campaign statement is not filed within 10 days of the deadline after filing officer has sent _
specific written notice of the Sling requirement.
C. If two or more persons are responsible for any violation, they shall be jointly
and severally liable.
D. Any person, before filing a civil action pursuant to this section, shallfirst file
with the City Attorney a written request for the City Attorney to commence the action.
The request shall contain a statement of the grounds for believing a cause of action exists.
The City Attorney shall respond within forty (40) days after receipt of the request indicating
whether he or she intends to file a civil action. If the City Attorney indicates in the
affirmative and files a suit within forty (40) days thereafter, no other action may be brought
14
unless the action brought by the City Attorney is dismissed without prejudice.
E. In determining the amount of liability, the court may take into account the
seriousness of the violation and the degree of culpability of the defendant. If a judgment
is entered against the defendant or defendants in an action, the plaintiff shall receive fifty
percent of the amount recovered. The remaining fifty percent shall be deposited into the
city treasury. In an action brought by the City Attorney, the entire amount shall be paid
to the city treasury.
F. No civil action alleging a violation of any provision of this Chapter shall be
filed more than four (4) years after the date the violation occurred.
2.40.110 Injunctive Relief.
Any person residing in the city, including the City Attorney, may sue for injunctive
relief to enjoin violations or to compel compliance with the provisions of this Chapter.
2.40.120 Cost of Litigation.
The court may award to a plaintiff or defendant who prevails in any action
authorized by this Chapter, his or her costs of litigation, including reasonable attorneys'
fees, provided however, no costs of litigation or attorneys' fees shall be awarded against the
city.
2.40.130 Disqualification.
In addition to any other penalties prescribed by law, if an official receives a
contribution in violation of this Chapter 2.40, the official shall not be permitted to make,
participate in making or in any way attempt to use his or her official position to influence
a governmental decision in which the contributor has a financial interest. The provisions
of Government Code Sections 87100 et seq. and the regulations of the Fair Political
Practices Commission shall apply to interpretations of this Section. (Ord. 1067 Section 1
15
Ex. A (part), 1986; prior code Section 2809)
2.40.140 Construction of provisions.
A. This chapter shall be in addition to all other city and state laws applicable to
municipal elections. Unless the contrary is stated or clearly appears from the context, the
definitions and terms set forth in Title 9 of the California Government Code shall govern
the interpretations of terms used in this chapter. This chapter shall be construed liberally
in order to effectuate its purposes.
B. If any provision of this chapter, or the application thereof to any person or
circumstance, is held invalid, the validity of the remainder of the chapter and the
applicability of such provision to other persons and circumstances shall not be affected
thereby. (Ord. 1067 Section 1 Ex. A (part), 1986; prior code Section 2810)
2.40.150 Council study committee.
Appointment. At least nine months prior to the expiration of this chapter, the
council shall appoint a committee of at least five citizens to study the efficacy of this
chapter. The committee shall complete its deliberations and report its findings to the City
Council on or before January 31, 1995. (Ord. 1067 Section 1 Ex. A (part), 1986; prior code
Section 2811)
2.40.160 Expiration of provisions.
Unless readopted, this chapter shall expire on June 30, 1995. (Ord. 1067 Section
1 Ex. A (part), 1986; prior code Section 2812)
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MEETING DATE:
Cly/ O f San LUIS OBISPO 4/3/91
ITEM NUMBER:
COUNCIL AGENDA REPORT
FROM: Campaign Regulations Committee
Roger Picquet, Chairman PREPARED BY: Pity Clerk
SUBJ: Revised City Election Campaign Regulations T!
CAO RECOMMENDATION: Introduce ordinance to print adopting the Election Campaign
Regulations as recommended and repeal existing San Luis Obispo Municipal Code election
provisions in conflict.
BACKGROUND:
The City's Election Campaign Regulations were first adopted in 1974 and have been
amended four times, the last time in June of 1986. Periodic review has been a code
requirement for some time and this report satisfies the code mandate.
In July, 1990, the Council appointed a five-member Campaign Regulations Committee to
review the regulations. The members are: GlennaDeane Dovey, John French, Sally
Punches, Dodie Williams and Chairman Roger Picquet. The committee met five times.
The City Clerk and City Attorney served as support staff.
SIGNIFICANT AMENDMENTS:
The committee's primary goal after determining that the need for local regulations still
existed was to eliminate or reduce redundancy between State and City requirements. This
was particularly necessary to ensure compliance with two state election-related ballot
measures approved by the voters in June, 1988 (Propositions 73 and 68). Proposition 73
has subsequently been declared unconstitutional and, as such, invalidated some earlier
actions recommended by the committee related to contribution limitations.
A secondary issue was whether to retain the $100 contribution limit per contributor
currently set by S.L.O.M.C. This $100 limit has not been raised since the 1974 adoption
of the original provisions. The committee recommends increasing_contribution limitations
from $100 to $250, and to retain the $25 disclosure provision for all contributions to
candidate and ballot measure committees. The Committee felt that the amount of the
limitation was not as important as identifying who the contributor was. The provision
requires disclosure of the name of the contributor and the dollar amount of any
contribution of$25 or more. Also, Independent Expenditure Committees (committees who
make expenditures only, i.e., purchase of a newspaper ad) have reporting requirements
when expenditures reach $100 or more (State law).
The committee further recommends increasing the amount a candidate may receive seven
days prior to the election from $10 to $25 per contribution. Under State and Federal court
rulings interpreting various Constitutional issues, the candidate and his/her family, have no
contnbution limit. This would provide consistency with the $25 disclosure limitation and
is intended to address, in part, inflation since 1974, when the $10 limitation was established.
Due to the fact that there is no limitation on the amount that a ballot measure committee
may collect during the seven day period before the election, a provision has been added to
conform with State election law that during the 16-day period prior to an election, such
committees must report to the City, within 24 hours, any contributions received or made
of $250 dollars or more. (State law sets this threshold at $1,000.)
The Enforcement and Penalty Provisions in Sections 2.40.090 and 2.40.120 have been
revised to reflect simplified language based on the State's Model Campaign Ordinance for
Local Jurisdictions.
Additional amendments are recommended to comply with State mandated provisions,
specifically:
A) 2.40.030D2 and 2.40.0301, Definition of Independent Expenditures;
B) 2.40.050D2 and 2.40.050D3, Aggregation of Contributions;
C) 2.40.060, Establishment of Election Accounts.
In addition to the ordinance, a legislative draft is attached identifying recommended
changes. As a separate administrative matter and not requiring direct Council approval,
the standard election forms will be amended to reflect these changes when approved.
Attachments:
Ordinance
Legislative Draft
Minutes from Campaign Regulations Committee Meetings
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MEr-'G AGENDA
DATE J" _t REM
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u 990 Palm StreetlPost Office Box 8100 • San Luis Obispo, CA 93403-8100
May 8, 1991
COMMUNICATION ITEM
TO: Council Collea es
FROM: Penny Rappa ��
SUBJECT: SAVING MONEY THROUGH ENERGY EFFICIENCY
I attended a conference in San Diego recently which focused on ways for local governments
to save money through energy-efficiency improvements to new buildings, existing facilities
and fleets. The conference covered the services available through the programs conducted
by the California Energy Commission's (CEC) Local Assistance Office. We are currently
participating in this program already, however, the Commission indicated that they are now
in a position to help us even further.
The CEC provides free, on-site consultants to identify energy-efficient improvements which
are cost-effective. The program also lends money to install improvements. It is possible
to qualify for cash rebates from the utility company as well.
I have been in contact with Tom Harrington, City Energy Coordinator for an update on the
status of our energy conservation program and involvement with the CEC. Attached is a
report from him.
City operations should be an energy-efficient model for the community. I would like the
Council to support our involvement in this program and recommend staff bring back a
resolution authorizing the filing of an application with the California Energy Commission
for participation in its Energy Partnership Program.
PR:ss
Attachments
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25 Prado Road • San Luis Obispo, CA 93401
MEMO
TO: PENNY KAPPA, COUNCILWOMAN
VIA: JOHN DUNN, CAO
DAVE ROMERO, PUBLIC WORKS DIRECTOR
FROM: TOM HARRINGTON, ENERGY COORDINATOR
RE: CALIFORNIA ENERGY COMMISSION / CITY OF SAN LUIS OBISPO
The City has a successful and ongoing relationship with the CEC
and is in prime position to avail itself of any future technical
and financial assistance that may become available.
During the period from 1987-89 Lane Wilson was instrumental in
beginning work with the CEC under their ENERGY PARTNERSHIP
PROGRAM. The City Council passed a resolution supporting
participation in the EPP.
As a result of that effort, the Energy Efficiency Improvement
Recommendations report for the City was completed by Newcomb
Anderson Associates, under contract to the CEC. (executive
summary attatched) Many of the low cost items have been
completed, and, the capital projects have all been submitted in
the current budget proposal.
Also included in that early effort was the City's beginning to
utilize the ENACT energy accounting program, which tracks,
analyzes and compares energy usage and efficiency for each of the
City's 160 utility accounts and nearly 100 facilities.
Since January 1991, we have received additional support as an
extension of the work previously completed by Newcomb Anderson,
including specifically: updated information for the pool
controller (now installed and being tracked for potential annual
savings of $15, 000) ; and, revised recommendations for the Police
Station HVAC remodel. Further, we were able to include a
preliminary energy efficiency review of the proposed City Hall
expansion.
As for future assistance, we are prime candidates for ongoing
analysis of the City Hall Project, the Stenner Canyon Water
Project, the Wastewater Treatment Project, and alternative
vehicle fuels assistance. New opportunities for technical
assistance, loans, or grant funding will be pursued should they
become available, and, meet City needs.
CEC related efforts are only part of the overall Energy
efficiency actions in progress.
I would estimate the value of the consulting work funded thus far
by the EPP to be in the range of $40,000, not including potential
energy savings.
In order to continue this beneficial relationship with the CEC
three elements are important: first, we must continue to
implement recommendations, since few Cities do; , second, we must
demonstrate our needs, and, third the funding must exist at State
level.
We are in consistent touch, by phone and in person, with the
folks at CEC.
I 've included here a proposed Council resolution and renewal
application that will strengthen and renew our ongoing
relationship with CEC.
/ tom
May 3 , 1991
attatchments
�eso�ttt�cor� �To.
Resolution of
(city,county,or governing board)
WHEREAS, SB 880 has provided funds to the California Energy Commission (CEC) for energy support to local
governments through the Energy Partnership Program; and
WHEREAS, qualifies to participate in the CEC's Energy
(city,county,or governing board)
Partnership Program;and
WHEREAS, recognizes that assistance will allow better use of
(city,county,or governing board)
limited staff resources and expertise to deal with energy matters.
BE IT THEREFORE RESOLVED, that the governing board hereby authorizes and directs
to file an application with the California Energy Commission for participation in its Energy Partnership Program.
PASSED, APPROVED,AND ADOPTED this day of 19_.
�embers�
,
1.0 EXECUTIVE SUMMARY
The City of San Luis Obispo presently spends $382,834 per year on energy purchases for
the City Hall, Police Station, Fire Stations #2, #3 and #4, Corporation Yard, Recreation '.
Center, Sinsheimer Park pool facility, Sinsheimer Park sports fields, street lighting, and
traffic signals. This can be reduced by $42,300 per year through the energy saving
operating changes and projects described in this report.
Annual cost for electricity in these areas is in excess of$326,758. Projects recommended
to reduce this consumption include improvement of efficiencies and control of the major
electrical systems such as interior lighting or heating, ventilating and air conditioning
supply and return fans.
Natural gas energy costs are approximately $56,076 annually for these areas. Projects to
reduce this use include improvement of the efficiencies and control of the heating systems
or loads in the various buildings.
Table 1.1 provides a brief description of the costs and savings for all projects by building.
The individual project data is listed in a summary table in subsection two of each section.
I
i
1_1
TABLE 1.1: RECOMMENDED PROJECT SUMMARY
Annual Savings Simple
Electric Gas Monetary Cost Payback
(kWh/yr) (th/yr) ($/Yr) ($) (Yr)
I .
i
F
allasts from 3,848 0Fixtures 366 0 Immediateior1,866 0 151 840 5.6 P•mJ-es
i
Install Occupancy Sensors 894
0 72 480 6.7 IN
_ II
FACILITY TOTAL 6,608 0 $589 $1,320
i
7Reduce
ION
I
TimT604 411 0 Immediatengs ►��^�
Increase Chilled W0 281 0 ImmediateTemperature Repair Economizer ,599 5,598 20,070 3,6 I
Old Wing
i�PITA _ !
Convert Old Wing to VAV 38,129 6,911 6,927 45,800 7.2 ' U
i
FACILITY TOTAL 100,060 9,114 $13,217 $65870
i
I
1-2
L ow, f
i
it
TABLE 1.1: RECOMMENDED PROJECT SUMMARY (continued)
I �
Annual Savings Simple
Electric Gas Monetary Cost Payback
(kWh/yr) (th/yr) ($/yr) ($) (yr)
i
CORPORATION YARD
i.
I
Delamp Fluorescent Fixtures 3,684 0 338 0 Immediate �I
Use Low Wattage 7,059 0 688 0 Immediate 4
Fluorescent Lamps
Modify EMS Operation 1,946 539 471 300 0.6
Install Occupancy Sensors 14,331 0 1,161 5,375 4.6
r
Replace Exterior MV Fixtures 15,637 0 1,267 6,100 4.8 iiP�Yfi�
h
13. U..ti'
Replace Interior MH Fixtures 10,897 0 1,160 8,930 7.7
with HPS
FACILITY TOTAL --53,554 539 $5,085 $20,705 1.9
I
RECREATION CENTER
Replace Auditorium Lights 11,970 0 1,185 3,180 2.7
with Fluorescent Lights i '� P ' �V
and Install Photocell and
Occupancy Sensor Control
FACILITY TOTAL 11,970 0 $1,185 $3,180
1-3
Z1001AY -7 1
TABLE 1.1: RECOMMENDED PROJECT SUMMARY (continued)
Annual Savings Simple
Electric Gas Monetary Cost Payback
(kWh/yr) (th/yr) ($/yr) ($) (yr)
SINSHEIMER POOL
Modify Operation Procedures 0 33,858 17,606 0 Immediate C)v-ji;
Replace Incandescent Fixtures 2,759 0 138 950 6.9 U st)f
_ with HPS Fixtures
I
Dual Flow Pumping 30,496 0 1,525 11,190 7.3 43
FACILITY TOTAL 33,255 $33,858 $19,269 $12,140
0
STREET LIGHTING
Change in Ownership and See Section 10.0 �-tT
Rate Structure J.,7 papp
w
TRAFFIC SIGNALS
Use Energy Saver Lamps 66,226 0 4,480 0 Immediate -,
e
FACILITY TOTAL 66,226 0 $4,480 $0
M
GRAND TOTAL 241,177 43,511 $42,300 . $92,025
J
■
1.4
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DATE REM #
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MAY 2 1 19:� �:;�-j M
_ ication ofD cia io of California Energy Officials Spring 1991
CITY COUNCIL
SAN LUIS OBI- _ CA ;� • F�
Revised Air Quality Management Plan Includes Conservation
The South Coast Air Quality Management District has oxides by"instituting programs that reduce the number of
revised downward its plan for.electrification of transports- vehicle trips and electrical energy use."Cities and counties
tion systems and its energy conservation target in the 1991 will be asked to implement ordinances which enhance
update of its massive 20-year Air Quality Management Plan energy efficiency in building design and solar orientation,
(AQMP). But the agency is increasing the use of energy landscaping,and heating and cooling equipment,for
conservation strategies to reduce fossil-fuel produced example.
emissions in the Los Angeles basin which is considered to
have the dirtiest au in the nation. The 1989 AQMP asked local governments to imple-
ment plans which would change the jobs/housing balance in
First passed in 1989,the plan is designed to reduce their communities but this proved too controversial. Instead,
nitrogen dioxide,reactive organic gases or hydrocarbons, cities and counties will be asked to adopt and enforce
carbon monoxide and fine particulate matter,all of which ordinances which reduce vehicle trips and miles driven.
currently exceed federal emissions standards,to ambient air Money will also be made available to do this. SCAQMD
standards within 20 years. The revisions are the result of a is looking for local governments to design ordinances which:
year-long analysis of the energy impacts of the original
AQMP by an interagency energy working group. •Reduce student trips to high schools,colleges and
universities.
The draft 1991 AQMP calls for 17%penetration of •Set minimum supplemental development standards
electric vehicles in the transportation system,now virtually for construction,grading and demolition.
100%fossil-fuel fired. The original AQMP called for 70% •Support non-motorized transportation modes
penetration,a plan labeled as unrealistic in the new draft. Its •Reduce CO in parking structures
energy conservation target has been reduced from 30%in
the 1989 AQMP to 15%in the 1991 AQMP because (Continued on page 2)
program costs and other economic factors impacting the
feasibility of specific measures were not considered in the Lawsuit Shuts
tuts Hanford Plant
1989 estimate.
A three-year battle by two community groups in
Itis also giving local governments a larger role.The
Hanford,CA has brought to a halt the start-up of a coal-fired
AQMP is asking them to achieve an 8%reduction region- cogeneration facility there and produced a court order to
wide in emissions from reactive organic gases and nitrogen revise the city's land-use element and environmental impact
report(EIR)and the city's review of the permits it issued the
INSIDE. facility.
Orange County Facilities Supervisor Talks Energy. . 3 Mike Nolan,Hanford's city attorney,said the land use,
circulation and conservation elements were found by the
ACEO Conference Explores Energy Use& the court to be inadequate with respect to industrial activities at
Environment .... . ... ...... . . . ...... ... . . .. 5 the GWF cogeneration facility. The city council approved
the permit to construct the plant in March, 1988 on a 3-2
Local Gov.Commission Looks for Energy Plans. . . . 5 vote,and the two groups,Kings County Citizens for a
Healthy Environment and the Kings County Farm Bureau,
SF's Commercial Energy Conservation Ordinance.. 6 (Continued on page 4)
2
Energy Worldng Group Developed Scenarios to Understand AQMP Implications
(AQMP continued from page 1)
•Modify freight loading/unloading zones The 1991 plan includes targets of 15%each for
•Designate preferential parking spaces for carpools electricity and natural gas savings in the residential sector
•Design special event centers,regional shopping and 5%savings in the industrial sector but strategies have
centers and airports to reduce nonwork trips. not yet been written.
Assembly Bill 2766 was passed last year to increase SCAQMD is not going to develop its own demand-side
annual vehicle registration fees$2 per person in non- management strategies but is planning to rely on utility
attainment air pollution districts(such as the Southcoast programs,over and above what has been mandated by the
Basin and San Joaquin Valley are)to reduce vehicular air CPUC in the Collaborative Process,local government efforts
pollution. Forty cents of every dollar is to be distributed by and CEC revisions to building and appliance standards.
the air quality management district to local governments. SCAQMD is cofunding a study with the CEC to identify
cost-effective programs for both natural gas and electricity
To qualify for the funding a city or county must adopt conservation. This study is expected to be completed this
an ordinance supporting the fee and requiring that it be summer.
distributed to such a program and establish an air quality
improvement trust fund into which all revenues will be The energy working group could not directly predict
deposited. the impact of industrial electrification on future electrical
demand because it is not known what industries and/or
SCAQMD established a local government affairs office technologies would be candidates for conversion. It
in 1990 to enlist cities to do what they can to implement assumed that the strategy of reducing emissions in the
clean air policies. Oscar Abarca and Sharon Morris are the industrial sector by 50% would result in a 50%increase in
two staffers who will be working with local officials and industrial electricity use and a 35%decline in natural gas
helping city staffs tailor local plans to District rules. Morris usage,increasing electricity demand in 2010 by 11%or
will be the contact for cities in Orange and western Los 16,000 GWh.
Angeles Counties and Abarca will represent the District to
cities in eastern Los Angeles County,Riverside County and ` Analysis of the electric vehicle scenario by the energy
the non-desert portions of San Bernardino County. working group determined that given estimates of current
alternative-fuel availability,manufacturer vehicle production
The addition of energy conservation strategies in the capability and projections of alternative vehicle technology
AQMP resulted from the work of a five-agency energy electric vehicles would make up 250 of the market in 2010,
working group appointed by the SCAQMD board immedi- not 70%as originally envisioned.
ately following the passage of the 1989 AQMP.It had
become apparent during public hearings that the air quality The energy working group is made up of representa-
strategies contained in that plan could have significant fives of SCAQMD,the California Energy Commission,the
impacts on regional and state energy planning. California Air Resources Board,the California Public
Utilities Commission and the Southern California Associa-
The energy working group developed three scenarios tion of Governments. Baseline data was taken from the
to examine how a base case of forecasted energy use in the CEC's draft 1990 Electricity Report demand forecast and
region would change with the implementation of the AQMP resource plan. .En
strategies. The three scenarios included energy conservation
strategies,industrial electrification and increased usage of
electric vehicles. Additional combinations of these three
scenarios were also compared to the base forecast. (Orange County,continued from page 3)
The energy conservation scenario analyzed strategies and this stability in the workforce means continuity in
contained in the 1989 AQMP which called for 30%energy system maintenance. If you don't have good people
consumption reductions in the residential and commercial maintaining your facility,it is very difficult to maintain
sectors and in local governments where such things as these complex systems,"he said.
building lighting improvements and heating,ventilating and "I try to convince county staff that energy management
air conditioning improvements would reduce electricity use is not doing without-its making the best use of what we
in the public sector. The energy working group found that have. There are still things to be done and effective ways of
neither the technical or economic potential existed to reach doing them,"concluded Stewart.•En
the original AQMP conservation goals.
3
Orange Co. Facilities Supervisor Stewart: Use Energy Wisely
In his 26 years with the County of Orange,Floyd Santa Ana. Stewart said this plant can provide"free
"Scotty"Stewart can demonstrate an energy savings record cooling"three to four months out of the year by running just
most managers only dream of. a 52%reduction in energy the cooling tower condenser water through the plant's plate
consumption since 1974 and savings of$30 million which heat exchangers without operating the chillers.
would have been spent on utility bills had nothing been
done. Stewart is chief of facility environmental services In the smaller buildings like the libraries,stand-alone
and energy management is an integral part of the central energy management systems control heating,ventilating and
plant operations. air conditioning systems and lights. Stewart said his staff
can control the system by dialing it up from a PC. The
Following the fust oil embargo in 1974,the Orange system also has a repotting capability.
County Supervisors mandated cuts in energy use in the
county buildings which include 5 jail facilities,40 fire sta- "We have done a lot of work on the design of the new
tions,30 some libraries and office buildings. Total county John Wayne Airport,"Stewart said. The lighting systems
building floor space is in excess of 6 million square feet. are computerized,with the controls at the circuits so that
lights can be turned on by calling a four-digit phone number.
The basics were attacked: more than half of the fluor- The heating,ventilating and air conditioning system has
escent fixtures were delamped,timeclocks were installed, DDC controls and variable frequency drives on the air
office temperature guidelines were set,photo cells were handlers. The inhouse staff performs all the software and
retrofitted on external lights and temperance controls were hardware maintenance on the system even with what Stewart
overhauled. At the end of the'70s,Stewart said"We were described as"very complex"software programs for the
using about 230,000 BTU/sq.ft./year. We've knocked that DDC controls.
down to 112,000 BTU/sq ft./yr. We were able to because
there was a tremendous amount of waste." The newest cotmty building is the 300,000 square foot
juvenile justice facility,now in its final construction phase.
Once the sophisticated technologies started appearing, It consists of juvenile intake,offices and court rooms and a
the county took advantage of them. An energy management central plant "We're especially proud of the screw com-
system,a Honeywell Delta 1000,was installed in 1980. pressors,"Stewart said. They were chosen because the
Since reliability has increased and costs came down,motion County Supervisors took a stand to reduce clorofluorocar-
sensors have been installed in many areas. Stewart said, bons(CFCs)in new construction.That type of air condition-
"They have been great the past five,six years. We never ing equipment does not use R l or R12 refrigerants which
jump into the water until we check out the product. We're contain the CFCs that are being banned.
not going to buy a pig in the poke."
Thermal energy storage(TES)was evaluated during
When the Delta 1000 system was installed,Stewart the design stage,was found to be cost-effective,and is in-
said they discovered that not only did the system give you cluded in the central plant.The facility also has computer
great control of individual air handler systems through controlled lighting and motion sensors in the larger areas.
optimum stop/start,but you also learn what systems have to Stewart said the project has qualified for a major rebate from
be tuned up. The control system operates 35 buildings Southern California Edison.
through phone lines and is still working well.
Stewart said the county considers payback to be a crit-
Many air handlers have been retrofitted with variable icial element in its evaluation of potential projects. Payback
frequency drives and economizers. "All our facilities can always includes operating and maintenance and life cycle
cool with 100%outside air,and in this climate this is a costs. Utility rebates also play a role in reducing costs. "We
significant portion of the year,"he said. receive thousands of dollars in rebates,"said Stewart. Re-
bates are"one of the reasons the Orange County energy
Recent lighting projects have included installation of programs are so successful and the reason the supervisors
deep cell parabolic lighting fixtures with high efficiency, support them,"he said.
octron(32 watt)fluorescent lamps and electronic ballasts.
Many incandescents,including downlights,have been "Another thing I feel strongly about is extensive
replaced with PL lamps. training so the staff can operate the complex systems we
have,"Stewart continued He sends individuals from his
The 7,000-ton central plant provides heating and staff of 50 to vendor training schools. When they return,
cooling for the city,county,state and federal buildings in each person teaches others. "We have a low turnover rate
• (Continued on page 2)
4
Community Groups Most Likely Pressing for Renewable Fuel Plant
(Hartford Plano condnued from page 1)
filed a joint lawsuit one month later. A spokesperson for GWF declined to talk about the
case but did say the city of Hanford had hired a consultant,
On June 21, 1990 the California Court of Appeals Acurex,who verified that the plant's emissions levels were
Wiled that the EIR for the facility prepared by the City of lower than emission limits specified in its permits. The next
Hanford was inadequate under the California Environ- step is for the city to amend the EIR,the spokesperson said.
mental Quality Act and,further,that the city's general zon-
ing plan,under which the permits for Hanford were issued, Ron Loewen,president of the Kings County Farm
was in violation of California law. Bureau,said the cogeneration plant's use of ground water,
now a precious commodity,was another issue. `"They use
In September,the California Supreme Court declined enough water in a year to irrigate a 200-acre farm,"he said.
to hear the appeal brought by the owners of the plant and
sent it to the California Superior Court to implement a re- The 27-MW petroleum coke-fired cogeneration facility
medy. On October 26 the Superior Court,following a built to supply steam to an Armstrong Pirelli Tire Plant in
hearing,declared the current permits invalid and ordered Hanford,CA and power to Pacific Gas&Electric,was
the city to reconsider the project within 120 days of Nov- completed in early October and shut down January 1 after
ember 1 or to show cause why the project should not be two months of testing. It was built by GWF Power Systems,
reconsidered. The court further ordered that the city make San Francisco. Emissions levels during the two-month
corrective amendments to its general zoning plan and com- testing period were reported to be below permitted levels.
plete a"subsequent"EIR within the same 120 days. The Plant owners are now negotiating with the groups to come
owners were told they could operate the plant for testing up with an alternative fuel to Ere the plant and allow it to
purposes up to 60 days from November 1. Following the operate.
60-day period the city has the opportunity to reinstate or
reject the permits. Armstrong Pirelli engineering manager Bill May said
that the plant manufactures 13,000 passenger car radial tires
The city passed an ordinance in June,1989 prohibit- per day and operates 24 hours per day,five days a week.
ing the burning of coal within the city's limits after it had Steam provided by the 27-MW cogeneration system will
issued construction permits for the project,but allowed the reduce the amount of steam needed from the 60,000 Ib/hr
plant to be built with a grandfathering clause. When the package boiler which is fired either by fuel oil or natural gas.
court set aside the EIR and the previous permits,the own- May said the steam from the cogeneration facility"reduces
ers lost their vested rights under the grandfathering clause. our fuel usage so we have a net savings." Once the cogen-
eration plant enters commercial operation,it will provide
Other permits had been issued for the plant by the US about 20%of the tire plant's steam needs,annually.
Environmental Protection Agency and the Kings County
Air Pollution Control District,the local environmental aut- The cogeneration plant was designed to be fueled by
hocity where the plant is sited. GWF Power Systems, coal using a state-of-the-art fluidized-bed combustion
headquartered in Walnut Creek,CA,near San Francisco, technology developed by sister company Combustion Power
began development of the facility about four years ago Co.,Menlo Park,CA. Harry Keller,an engineer with
based on these permits. National Energy Constructors who built the plant,said
people in Hanford had pushed for biomass to be burned
The court has ordered the proceedings sealed and the instead of coal but the problem is availability of a good fuel.
parties cannot discuss ongoing negotiations until the case Existing plants in the Coachella Valley which bum wood
is resolved. The next hearing is scheduled for March 22 to chips or other biologically-based waste,are having problems
determine the status of the city's compliance. obtaining a consistent supply of fuel which will bum in the
plants. Keller said when you change fuels the different
Clem Shute,who represents the Citizens for a Heal- characteristics of the new fuel may not fit the technical
thy Environment,said the three parties have just started parameters of the plant. For example,if the fuel is wetter
talking about alternate fuel sources. While he couldn't dis- fuel efficiency will be reduced. •EN
cuss details he said,"Our group has always said it would
look at biomass from agriculture." One of the reasons the
two groups oppose the use of coal is they have watched
crop yields decline 20%over the past 10 to 20 years as ==1
ozone has increased in the central valley. l
5
Upcoming Conference to Explore Energy Use & Air Quality
What local governments should know about demand- Committee on Energy Regulation-and the Environment
side bidding will be the topic of a keynote address by
Lionel(Lon)Topaz assistant general manager of the Local government energy managers will present the
Sacramento Municipal Utility District(SMUD)at ACEO's work they have been doing to reduce energy use.Nayeem
Sixth Annual Energy Conference May 2 and 3, 199. The Sheikh with the.City of San Jose will talk about a municipal
conference will be held at the Airport Marina Hotel,near facilities program his staff is using to implement energy
the International Airport in Los Angeles, conservation practices. Tent'O'Sullivan,with the City and
County of San Francisco's Bureau of Energy Conservation,
Program sessions have been designed to inform will present that agency's efforts to institute energy efficiency
managers how to improve air quality and lower utility reviews during the design stage.He will talk about how it
costs by reducing electrical demand and supply needs. worked in designing the new county jail.
The case studies session on Thursday afternoon,the 2nd,
will feature an"open mike"forum to allow attendees to Arnold Robles,deputy director of facilities and grounds
talk about their experiences and discuss issues,following (or Ventura County will talk about the joint agreement the
the panel's presentations. county has.with a private sector firm to operate and maintain
the plant operations of a major county facility and the installa-
Topaz will be the keynote speaker at lunch on May 2. tion of a thermal energy storage system there.
Ann Baker,Director of environmental planning for the
Southern California Association of Governments(SCAG) Daryl Perkins,maintrriance division chief for the county
will talk Friday morning,the 3rd,about what the cities and of Kern will discuss the energy projects he is supervising,
municipalities in the Los Angeles basin will have to do as which were funded by a$1.3 million loan from the California
part of the the Air Quality Management Plan which Energy Commission. Daryl Mills will talk about the CEC's
promises to clean up Southern California air over the next technical assistance program for local government&
twenty years.
For conference information,contact Jack McKnight,
Also scheduled to speak are Virginia Kuhn from the Chief Engineer,City of Inglewood, 1 Manchester Blvd.,
Natural Resources Defence Council,and David Modisett, Inglewood,CA 90301. His telephone number is 213-412-
project director of State Senator Herschel Rosenthal's Joint 5444, His FAX number is 213-412-5414. .a-
LGC Collecting Energy Efficiency Ideas for General Plans
By Judy Corbett,Executive Director,Local Government Commission
j The Local Government Commission(LGC)is a as HOV lanes,telecommuting programs,bicycle paths and
nonprofit,nonpartisan membership organization com- traffic synchronization.
posed of forward-thinking city and county elected offs- •Trip pedestrian programs including car pools,bus
} cials. The LGC seeks to identify new and progressive service for special events,etc.
s energy alternatives from cities and counties state-wide •Fuel based transportation energy efficiency.such as
a with the aim to address the problems of our day. alternative fuel vehicle fleets and other strategies.
•Energy efficiency education programs for community
Under a contract with the California Energy Com- residents
mission,the LGC is creating a package of energy effi- •Energy efficiency in residential,commercial and
ciency guidelines for California local governments. industrial buildings including solar orientation,solar water
During the project we want suggestions to lay the ground- heating requirements,strict enforcement of Title 24,and
work for our literature search. technical assistance programs which encourage energy
efficiency.
We are looking for outstanding energy efficiency
programs in the following categories: If you have any suggestions,questions or comments,we
would like to hear from you. Please call(9167 448-1198 or
•Land use decisions for transportation efficiency send your suggestions to the Local Government Commission, '
such as infill housing,jobs/housing balance and mixed 909 12th Street,Suite 205,Sacramento,CA 95814. Or call
use,public transit access,and so on. (916)448-1198. We are eagerly waiting to hear what sugges-
•Transportation decisions for energy efficiency such tions you have for this project!
6
San Francisco's Commercial Energy Conservation Ordinance
By Terry O'Sullivan,Bureau of Energy Conservation,City and County of San Francisco
The City of San Francisco has passed the nation's fust city in energy purchases. With certain exceptions,the ord-
commercial energy conservation ordinance(CECO)and is inance applies to all non-residential San Francisco buildings
based on the city's successful residential energy conserva- which are not currently affected by the City's Residential
tion ordinance. It took effect July, 1989 and requires cost- Energy Conservation Ordinance(RECO).
effective energy retrofit work to be performed in commercial
buildings at the time of sale and major renovations. The Transfer of Title:A property seller is required to
ordinance is expected to reduce energy costs to local tall conservation measures prior to transfer of title to
businesses by nearly$40 million in its fust five years. buyer. As with RECO,at the buyer and seller's option,
funds to complete the work can be held in escrow.
The period from 1965 to 1981 was one of unprece-
dented growth in San Francisco. Most of the construction, Building Additions: Building permit applicants are
which more than doubled office space,took place,or was uired to install conservation measures in conjunction with
approved,prior to the introduction of California's non- a building addition which increases the heated area of a
residential Building Energy Standards(Title 24). Much of building by more than 10%.
San Francisco's downtown commercial building stock,
therefore,was designed for an era of cheap energy. They are A Building Renovation&Improvements: Building
now consuming large quantities of expensive energy and per-snit applicants are required to install conservation
absorbing financial resources that would be better spent in measures in conjunction with a building improvement
more productive areas of the City's economy. valued in excess of$50,000.
Some building owners have made extensive improve- Basic cost-effective energy conservation measures are
ments with remarkable results. For example,the Crown- required for heating,ventilating and air conditioning equip-
Zellerbach building,built in 1959,has been comprehen- ment,hot water systems,refrigeration and lighting systems.
sively retrofitted with a range of energy conserving meas- Many of the standards are basic maintenance items which
ures. The effect has been to reduce the the building's energy will upgrade the property and generate energy savings.
consumption by more than 40%. Although this seems Examples of required measures include repairing broken
exceptional,it is not out of line with recent estimates by the thermostats or installing set-back thermostats;installing
California Energy Commission which predicted 36%energy economizer cycles on cooling systems to use outside air;
savings in commercial buildings from retrofitting only those installing timeclocks on ventilation fans,boilers,circulation
conservation measures having a one-to three-year payback. pumps;repairing leaky air ducts and steam and hot water
leaks;insulating ducts,pipes,and storage tanks;cleaning
Most of the buildings which have benefitted from and tuning boilers,furnaces and chillers;improving ineffi-
serious conservation efforts have,like the Zellerbach buil- cient lighting systems.
ding,been both owner-occupied and at the high-quality end
of the real estate market However,the majority of San FranAn informational energy audit survey is also required
cisco's commercial buildings are rented and there the situa- for interior lighting systems or heating,ventilating and
tion is very different. In these buildings,owners typically cooling systems serving over 20,000 square feet. This
pass energy costs on to tenants either directly or indirectly survey identifies additional conservation measures which are
through the lease agreement;hence,the owners receive no cost-effective in a building. During title transfer,a copy of
financial benefits from conservation investments. The ten- the informational survey is given to the buyer. Compliance
ant,meanwhile,sees little incentive for investing his capital with survey recommendations is voluntary.
in someone else's building. Inevitably,this has meant that
the potential benefits of conservation are not being realized The lead agency for CECO is the Bureau of Building
in a large majority of buildings in the commercial sector. Inspection. BBI has managed RECO throughout its life and
is therefore very familiar with the day-to-day procedures that
The Commercial Energy Conservation Ordinance will be required by CECO.
(CECO)is intended to reduce the impact of energy costs on
San Francisco businesses by requiring the installation of Inspections of buildings to determine which conserva-
cost-effective energy conservation measures in commercial tion measures are needed,and to certify compliance,are
buildings at the time of resale or when additions or renova- conducted by private energy inspectors certified by the city.
tions are made to the building. CECO is also intended to This strategy is a successful element adapted from RECO.
provide general economic benefits to the city by retaining in As in RECO,most inspections will probably be conducted
the local economy,resources that would otherwise leave the by private inspectors.•ter -
7
All
■ Q , � ®a _
A Call for Good People
The current ACEO Board is looking for people who Please call one of the officers listed on the back page to
wish to serve on next year's Board of Directors. Officers are discuss what jobs are open and what you would like to do on
elected at ACEO's annual meeting each year. the board. And please join us at our Annual Mewing on
May 2,during our Annual Conference in Los Angeles.•a
If you have a desire to network with and promote
energy management and energy efficiency among the
professional staff members of the state's local jurisdictions,
please join us.
With increased national awareness of the need to F-1 AAr
promote energy efficiency in our economy,it is important "aria= rafts"*
that local governments refocus on the energy needs of their
communities. This was the job ACEO was created to do.
Published Quarterly by the
Volunteers meet via teleconferencing. The Association of California Energy Officals
organization's major activities are the production of a Lyn Corum, Editor
newsletter and the annual conference. Local seminars are (213)450-3919
also scheduled from time to time.
• e • • • • • • e • • e • • • • eee • • • • • • • ecce • • e • e • • • • ee • e • • • • • • • • e • • ee • • ee • •
MEMBERSHIP APPLICATION •
•
NAME TITLE •
ORGANIZATION
ADDRESS CITY
TELEPHONE ZIP
•
• 0 I am employed by a local jurisdiction (city,county,school district,regional •
planning agency,state agency, or special district),or am an elected local official interested
• in energy matters,and qualify for full ACEO membership. Enclosed is my check for$35. •
• 0 I am employed in the private sector and/or have an interest in energy management,
and qualify as an associate member. Enclosed is my check for$35.
Clip this form and return it with your check,made out to ACEO, to Jack McKnight, ACEO •
Treasurer, City of Inglewood, 1 Manchester Blvd., Inglewood, CA 90301
e
8 •
Who To Contact:
Officers
NORTHERN CALIFORNIA CHAIR TREASURER
Terry O'Sullivan Jack McKnight
City of San Francisco City of Inglewood
(415)'864-6915 (213)412-5444
c
SOUTHERN CALIFORNIA CHAIR IMMEDIATE PAST CHAIR
Mark Armstrong Steve Williams
City of Oxnard California Energy Commission
(805) 984-4699 (916) 324-3370
Association of California Energy Officials
2450 Oak St.,#B
Santa Monica,CA 90405
'AE_ETIi1 'AGENDA
,TE 5 21-`� ITEM #
` OIL RECYCLING PROGRAM
THE PROBLEM
In San Luis Obispo County approximately seven hundred and fifty
thousand (750,000) gallons of used motor oil are generated annually and
only fifty (50) percent are actually recycled. To address this substantial
problem the public needs to be informed how and where they can act more
responsibly.
Used oil is 100% recyclable. It is easily re-refined and the products
are comparable to those produced from virgin crude. Recycled oil can be
processed back into motor oil, industrial and fuel oils, asphalt and road oil.
By recycling, petroleum imports could be drastically reduced by about 25
million barrels per year. One barrel of refined crude oil produces roughly
two and one half quarts of lubricating oil. One gallon of re-refined used oil
produces the some amount!
We know that many people believe that pouring their drain oil out to
kill weeds or to keep the dust down is no big deal, but it is. In a 1985 study,
TerhnningyRevie)r- cites the following as common methods of disposal for
used oil available for recycling. 40% is poured into the ground, 20% is
placed with the garbage and land-filled, 4% is burned in the home as heating
fuel, 22% is disposed of in unknown ways, and 14% is recycled. All of those
methods of disposal other than recycling form a potentially dangerous
threat to the environment and a great waste of a valuable natural resource.
Dumping used oil into drains can foul connector sewers. Burning
untreated used oil causes emissions of hazardous heavy metal particulates,
mostly lead. Applying used oil to unimproved road surfaces can result in
runoff and subsequent pollution of surface waters. In recent years, used oil
applied as a dust suppressant has been found to contain toxic or
carcinogenic materials such as PCB's (polychlorinated biphenyls) and 2,4,5,
Trichlorophenol. Another serious concern regarding improper oil disposal is
contamination of drinking water. Not only does used oil in drinking water
render it unpalatable, but it can cause serious health threats to human
consumers. The toxic constituents in lubricating oil greatly increase after
use in a motor vehicle, making used oil far more toxic than new oil.
CORSTO:
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2
V
n`ACKGROUND
The Environmental Center of San Luis Obispo started a recycling
program of used household motor oil in 1979 This program was later
expanded to include promotional and educational elements with the help of a
SB 959 grant from the county. The program has been well received by the
public. In 1990 alone, ECOSLO's efforts resulted in the recovery and
recycling of approximately 15,000 gallons of household drain oil. Though a
good start„ it represents only 4% out of a potential 375,000 gallons.
Currently there are no other programs in the county to legally dispose of
this household generated hazardous material. Service Stations are refusing
to accept household oil due to fear of 'HOT' or contaminated loads which
must be treated as hazardous waste.
An ongoing problem associated with the oil recovery program is oil
contamination from spills at the yard. The City of San Luis Obispo and the
County have commi ted a total of $7,500 of the needed $10,000 for a "clean-
up/prevention project' to deal with this problem. This commitment of
monies has allowed us to continue this service, however a lack of further
funds has prevented us from necessary program development. ECOSLO
provides a valuable service to the community through this program. We feel
it should be improved and expanded.
THERE ARE THREE MAJOR UNMET NEEDS IN OUR CURRENT PROGRAM
1). No aggressive advertising campaign to promote oil recycling.
2). No containment facilities for collecting oil countywide.
3). No fulfillment of the "clean-up and oil spill prevention project".
THE PROPOSAL
Get serious about recycling household drain oil by making the option
available to the public countywide. This can be done through:
1). Advertising
ECOSLO began this process with the SB 959 grant monies.
Brochures, posters and advertising were done to promote oil recycling. The
grant, however, did not allow enough funds for advertising. Newspaper
advertising is not enough. Direct mail campaigns are expensive and may not
be effective for this type of outreach.
3
V
We propose a media "blitz" using TV, newspapers and radio to get
this important message across. To do it right, the "advertising! `
educational" effort will run approximately twenty one thousand ($21,000)
dollars annually. If we are successful in recovering one third of the amount
discarded or 100,000 gallons and charge an additional $.20 per gallon,the
program could be self funding. We see this as a lofty but possible goal. To
get this expanded program off of the ground, it should be underwritten for
the first two years.
2). Containment
Put the oil recycling receptacles where the people are. ECOSLO
proposes nine double-walled, above-ground tanks to be placed at convenient
sites throughout the county. Containment will consist of both 550 gallon
and 1,100 gallon tanks to be placed in the following locations:
Container Cost
Paso Robles 550 gal. $1,900
Atascadaro 10100 gal. $2,508
Templeton 550 gal. $1,900
Cambria 550 gal. $1 ,900
Morro Bay 550 gal. $1 ,900
San Luis Obispo 1,100 gal $2508
Arroyo Grande 1,100 gal. $2,508
Pismo Beach 1,100 gal. $2,508
Nipomo 1,100 gal. $2,508
Administration $2,500
TOTAL $22,615
3). Clean-uo and Prevention
Complete cleanup/removal of spilled oil at the ECOSLO yard and
upgrade the oil spill prevention container at ECOSLO to meet current EPA
regulations. $2,500 ($10,000 less $7,500 contributed from the City and
County) is needed to meet this task.
4
BUDGET
1). Advertising budget (per year):
Sonic Cable Adnet 40 ads per week on once a month for 12 months
Cost: $3,080
Newspaper Advertising: once a week for 12 months
ads to be placed in TT, Times Press,Ates.,Paso,BayNews,Newtimes.
$150 per week for 52 weeks
Cost: $7,800
Radio Advertising
12 ads per week on various stations
Cost: $6,240
Free Advertising
PSA's for Radio (where possible)
Cable channel 6 on Sonic-
In addition to advertising cost, fee for consultant to put together ads
(ie. video production, Newspaper artwork, PSA development, administration,
etc.)
Cost: $3,500
Total (per year): $20,620
TOTAL REQUEST FOR ADVERTISING EFFORT FOR 2 YEARS: $41 ,240
2). Containment
Five double-walled, above-ground 1,100 gallon tanks
Cost: $12,540
Four double-walled, above ground 550 gallon tanks
Cost: $7,600
Administration
Cost: $2,500
(Figures include tax and freight)
TOTAL COST FOR CONTAINMENT: $22,615
Oil Spill Clean-up and Prevention Project `
Amount needed: $10,000
Amount commited: $ 71500
City of San Luis Obisbo: $3,500
County of San Luis Obispo $4,000
$10,000 minus $7,500 equals
TOTAL REQUEST FOR CLEANUP/ UPGRADE ECOSLO FACILITY: $2,500
TOTAL COST OF COMPLETE COUNTY-WIDE OIL RECYCLING
PROPOSAL: S66,355
ZMN .,AGENDA
DATE •' ITEM# AA
C;
.I�i I�;�I�i�� IIIIIIiIII it III
Mill ,IRN
IIi I IIII
II of oBispo
I�I san
955 Morro Street • San Luis Obispo, CA 93401
May 9, 1991
MEMORANDUM
TO: City Councilm s
FROM: Penny Rappa
SUBJECT: Hazardous Waste Funds A rded to County
San Luis Obispo County government has been awarded $31, 000
exclusively for hazardous waste programs by the State Department
of Health Services. The funds represent a portion of a fine paid
to the State by J B Dewar Inc. for illegal handling of hazardous
materials, and will be returned to the area to finance local
hazardous waste efforts.
ECOSLO, as a non-profit provider of county-wide environmental
services, would seem to be a worthy recipient of a portion of
these funds to expedite the clean up of oil saturated soil on
their premises. With your endorsement, I would like to direct
staff to draft a letter to the Board of Supervisors to be signed
by the Mayor requesting a portion of these State funds to assist
ECOSLO in their clean up efforts.
•IlThe COUNTY TELEGRAM-MEETING AGEND
DATE - -� ITEM# .
Jf
Tr une
HJLLI S AGIlII.AR
_-
GEORGE L.DaeOAD
GENERAL MANAGER
EDTfOA
RECEIVED
MAY
Z -4. 1991
May 21, 1991 STRATION
CAN LUIS OB_ISPo. CP
COPIESTO:
❑
• Action 12 FYI
oQ c � Q"CDD M
Ken Hampian0, AO ❑ FIN.DR
Assistant City Administrative Officer �=' ^CAD ❑ FIRE C1497
City of San Luis Obispo ,�/A ❑ FWD '
990 Palm Street Id a>�tx/oRiC. ❑ POLICEM
❑ MGb1T.MM ❑ RMDIR
Post Office Box 8100 ❑ C.RFADFaE [3,.UTILDIF-
San Luis Obispo, California 93403-8100 rr-
Subject : Withdrawal of Annexation Request
Dear Ken:
This letter will serve as formal withdrawal of our
request for annexation of 880 Industrial Way.
The final feasibility study indicated that the
building and site would not meet our long term
needs .
We intend to purchase land in the City of San Luis
Obispo and build a new facility in as short a time
frame as possible.
We sincerely appreciate the support we were given
in our annexation request, and we look forward to
working with the City in our effort to build a new
facility.
Sincerely
lin S . Aguilar
cc: Mayor Dunin
John Dunn
Arnold Jonas
David Volk
Serving the Entire County of San Lws Obispo Daily
1321 Johnson Avenue 0 Post Office Bos 112 • San Luis Obispo, California 93406-0112 • (805) 595-1111