Voluntary Electricity Conservation to Reduce Blackouts

The California Independent System Operator (ISO) issued a statewide Flex Alert, a call for voluntary electricity conservation through Wednesday, August 19, 3-10 p.m. each day.

ISO suggests simple actions to reduce energy consumption:

• Set your thermostat to 78° or higher between 3 and 10 P.M.
• Do not use major electric appliances between 3 and 10 P.M.
• Turn off unnecessary lights and electric appliances

The California Independent System Operator.manages 80% of California’s electric flow.  High temperatures have resulted in spikes related to air-conditioning demand.

Check the ISO current power outlook here.

The California Governor’s Office of Emergency Services (Cal OES) is highlighting ways Californians can conserve energy this week to avoid temporary energy service interruptions. Cal OES is also encouraging all Californians to take steps now to prepare themselves and their families should a temporary service disruption occur.

“Weeds, grass, vines, leaves, brush, diseased or dead trees, combustible growth, debris, or rubbish….

The second reading of the proposed stricter Piedmont Fire Code ordinance includes and broadens enforcement to all privately-held Piedmont property with expansive new regulations designed for Piedmont’s approximately 20% high fire hazard area.

“Standards for vegetation management described herein shall be applicable to and within private property located within the City bounds..”  Ordinance language

A second reading of the proposed ordinance for vegetation controls on all Piedmont private properties will be considered on:

Monday, August 17, 2020, 6:00 p.m., by the Piedmont City Council.

 California state law requires property owners in specific high fire hazard, wildland-urban border areas to maintain a 30 feet of open space cleared of vegetable fuel surrounding their homes, barns, garages and other structures. Most of Piedmont is not in the state defined high fire hazard zone, however the 30 foot distance will also be required by the ordinance of all Piedmont residential properties. See link in staff report below. 

The vast majority of Piedmont dwellings do not have a 30 foot open space perimeter between their homes, so it is not possible to have 30 feet of defensible space as specified in the ordinance. The City policy of allowing reductions in distances between neighboring structures presents a fire safety threat unaddressed in the ordinance. 

“In many cases in Piedmont, dwellings are situated less than 8 feet apart, and fires can easily spread from house to house and are more readily spread upslope in the direction of prevailing winds.”  Ordinance language

Landscaping, plant choices, site planning, fencing, and safety are regularly considered by the Planning and Park Commissions and Public Safety Committee. Piedmont’s applicable Commissions and Committee have not been asked to consider the ordinance.  

Removal is required of hazardous vegetation or combustible materials including, but not limited to weeds, grass, vines, leaves, brush, diseased or dead trees, combustible growth, debris, or rubbish capable of being ignited and endangering property. 

Currently, the Fire Department notifies property owners of identified fire safety threats. The proposed ordinance will subject violators to penalty fines. Decisions regarding compliance are made by the Fire Code Official, who will have “discretion in their enforcement, so as to be reasonable in their implementation.”  Exceptions are not noted within the ordinance.

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3. Penalties. Violations of this section shall be subject to penalties. Penalty amount may be established by resolution of the City Council. If penalty amounts have not been established by resolution of the City Council, violations of this section shall be punishable by fine in the amounts specified in Government Code section 51185.”

Items included in the proposed new ordinance:

“B. Vegetation management requirements.

Standards for vegetation management described herein shall be applicable to and within private property located within the City bounds, unless stricter requirements apply under section 8.14.050 due to being located in a designated very high fire hazard zone, and failure to maintain property in accordance with such standards shall subject the responsible person to fine and/or abatement in accordance with chapter 1 or chapter 6 of this code.

1. Developed parcels.

For any parcel developed with a dwelling unit, or developed with any other structure or structures required to obtain a building permit prior to construction, each responsible person for such parcel shall ensure that vegetation on Attachment A the parcel is maintained in accordance with the requirements below. Each responsible person shall:

a. Cut down, remove, or reduce any hazardous vegetation or combustible material. Hazardous vegetation or combustible materials include, but are not limited to weeds, grass, vines, leaves, brush, diseased or dead trees, combustible growth, debris, or rubbish capable of being ignited and endangering property.

[The following has been noted as impossible in most of Piedmont.]

b. Maintain a defensible space of at least 30 feet from the perimeter of each building or structure located on a parcel. The size of the defensible space area may be increased or decreased by the fire code official based on site-specific analysis of local conditions, which include, but are not limited to, considerations of: the size of the property, whether the property is located on a steep slope, whether property located in an exposed windswept location, the fire risk that the vegetation surrounding the property poses, the proximity of adjacent structures and risk to such adjacent structures, and whether the vegetation surrounding the property is regularly maintained or pruned. A responsible person is not required to manage vegetation located beyond the property line of the subject parcel.

c. Maintain any space that is within 3 feet from a roadway clear of any flammable vegetation, and maintain a 15-foot vertical clearance, free of vegetation, above roadways including streets, driveways and rights-of-way.

d. Remove or trim any vegetation that is deemed by the Fire Marshal to impede emergency vehicle access.

e. Remove all portions of trees within 10 feet of functioning chimneys or stovepipe outlets.

f. Maintain the roof and gutters free of leaves, needles, or other dead/dying wood.

g. Remove brush and tree limbs that are within six feet of the ground from mature trees.

h. Remove flammable vegetation and limbs from trees that may pose a fire and/or safety hazard to the home or property.

i. Install a spark arrestor on functioning chimneys or stovepipe outlets.

2. Vacant parcels.

For any vacant parcel in the city, each responsible person for such parcel shall ensure that vegetation on the parcel is maintained in accordance with the requirements below. Each responsible person shall:

a. For parcels with an acreage that is 0.5 acres or less, the responsible person shall clear the entire lot of flammable vegetation and maintain it to a height of 6 inches or less.

b. For parcels with an acreage that is greater than 0.5 acres, clear the area that is one hundred feet along the perimeter of the property line of flammable vegetation and maintain such vegetation to a height of 6 inches or less. A responsible person is not required to manage vegetation located beyond the property line.

c. Maintain any space that is within 3 feet from a roadway clear of any flammable vegetation, and maintain a 15 foot vertical clearance, free of vegetation above roadways including streets, driveways and rights-of-way.

d. Remove flammable vegetation and limbs from trees that may pose a fire and/or safety hazard from the property.

e. Remove brush and tree limbs that are within six feet of the ground from mature trees.

…….

“8.14.060 Definitions. In this division:

Defensible Space means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas, as provided in Government Code section 51177(a).

Flammable vegetation means: (1) vegetation, brush, or grasses, which is dry, dead, or dying and which is over six inches in height; or (2) vegetation which has a high resin or sap content including but not limited to Arborvitae, California Bay, Cedar, Cypress, Douglas Fir, Eucalyptus, Fir, Juniper, Palm, Pine, Spruce, Yew, California buckwheat, California sagebrush, Chamise or greasewood, Laurel sumac, Manzanita, Pampas grass, Rosemary, Scotch broom, Spanish Broom, Sugar bush, and Toyon and which is over six inches in height.

Responsible person means any natural person or a corporate entity that is the owner, occupant, lessor, lessee, manager, licensee, or other person having physical or legal control over a structure or parcel of land.

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To READ the proposed Piedmont ordinance and staff report, click below:

– Confirmed Covid-19 Positive Test Results Stand at 27* for Piedmont as of August 13, 2020 –  

*Updated to 29 positive results – August 19, 2020 – 

While the current figure appears to reflect a sudden August surge, that may not be the case.  In a Zoom presentation to supporters of San Francisco Opera on Wednesday evening, August 12, Piedmont Epidemiologist George Rutherford pointed out that the virus tracker system had broken and the data was being corrected.  Catching up with the figures can create the appearance of a surge that is actually a correction covering longer periods. Rutherford indicated there were surges in April and again in June.

– Council Consideration of Building and Remodeling Reach Codes Deferred –

Additional Public Outreach to be Conducted –

The Piedmont City Council will NOT consider the second reading of ordinances implementing building Reach Codes at its August 17th meeting.

Staff will conduct additional public outreach to better educate members of the community on the purpose and scope of these important measures before Council considers them again.

The proposed building code amendments were drafted following extensive public outreach – including two public surveys and five public outreach forums – significant research, and collaboration with East Bay Community Energy and several cost-effectiveness analysts. However, it has become clear since the Council’s first consideration of these ordinances that additional outreach would be beneficial to the community.

“The proposed Reach Codes are too important to Piedmont’s climate action goals to be considered without additional public education and outreach,” said City Administrator Sara Lillevand. “As a residential community, Piedmont has limited options for reducing greenhouse gas emissions. Though many residents participated in the year-long process to develop the proposed Reach Codes, it is important that the community have more time to understand and comment on these proposals before they are brought back to Council.”

“Planning & Building staff has received a significant amount of input from the community over the past year to help develop the proposed Reach Codes,” said Planning & Building Director Kevin Jackson. “We want to clarify any misconceptions residents may have about the proposals before Council takes them up again.”

City of Piedmont Press Release – August 12, 2020

For additional information, contact City Clerk John O. Tullock at 510/420-3040.

Special Civil Service Commission Meeting Monday, August 10, 4 pm

There is one agenda item, New Job Classification for a Sustainability Program Manager, for which there is no staff report.

Civil Service Commissioners:

• Claudia Harrison
• David Hobstetter
• Scott Lawson
• Sandra Rappaport
• Michael Reese

Council Liaison: Robert McBain | rmcbain@piedmont.ca.gov |(510) 420-3048
Staff Liaison: Stacy Jennings | sjennings@piedmont.ca.gov | (510) 420-3047

Agenda
1. Consideration of a New Job Classification for Sustainability Program Manager

………..

The Civil Service Commission members will attend the meeting via ZOOM Teleconference.

Members of the public can observe and participate in the meeting in the following ways:
– Computer or smartphone: Click on https://us02web.zoom.us/j/88407286316
– Telephone: Dial (669) 900-9128 and enter webinar/meeting number 884-0728-6316

“…less disruptive than the recently proposed City ordinances (aka Reach Codes) to disband natural-gas appliances.”

A simple way for the City of Piedmont to reduce greenhouse gases (GNG) would be to enforce its existing ordinance that bans gasoline-powered leaf blowers, voluntarily direct city workers to cease using gasoline-powered leaf blowers, and to implement hefty fines for failure to abide.   According to the California Air Resource Board (CARB) 1 hour of gas powered leaf blower use is equivalent to 1,100 auto miles.  Gasoline powered lawn mowers produce about 25% of the GNG that leaf blowers do.

This approach to reducing GNG is far easier and much less disruptive than the recently proposed City ordinances (aka Reach Codes) to disband natural-gas appliances.   And it would greatly reduce Piedmont’s noise pollution as well.

Dai Meagher, Piedmont Resident

All Piedmont properties are potentially impacted.

A first reading of a newly proposed ordinance for vegetation controls for all Piedmont properties will be considered Monday, August 3, 2020, 6:00 p.m., by the Piedmont City Council.

The proposed fire code ordinance broadens requirements to include all of Piedmont, rather than specifically identified high fire hazard areas.  California state law requires property owners in high fire hazard, wildland-urban border areas to maintain a 30 feet of open space cleared of vegetable fuel surrounding their homes, barns, garages and other structures. 

The vast majority of Piedmont dwellings do not have a 30 foot open space perimeter between their homes, so it is not possible to have 30 feet of defensible space as specified in the ordinance. The City policy of allowing reductions in distances between neighboring structures presents a fire safety threat unaddressed in the ordinance.

Piedmont’s Park Commission, Planning Commission, and Public Safety Committee have not been presented as advisors with the ordinance prior to the Council consideration. Landscaping, planting choices, and safety are regularly agendized by the commissions and committee. 

“The City’s recommendations were developed with extensive research by staff including consultation with the State Fire Marshal’s Office as well as CalFIRE Planning and Land-use personnel. The specific elements of the Fuel Reduction and Vegetation Management standards were developed from National Fire Protection Association (NFPA), the California Fire Code, and extensive review of policies and practices from other regional jurisdictions as noted in Attachment B.” City Administrator report linked below

Items included in the proposed new ordinance:

a. Cut down, remove, or reduce any hazardous vegetation or combustible material. Hazardous vegetation or combustible materials include, but are not limited to weeds, grass, vines, leaves, brush, diseased or dead trees, combustible growth, debris, or rubbish capable of being ignited and endangering property.

b. Maintain a defensible space of at least 30 feet from the perimeter of each building or structure located on a parcel. The size of the defensible space area may be increased or decreased by the fire code official based on site-specific analysis of local conditions, which include, but are not limited to, considerations of: the size of the property, whether the property is located on a steep slope, whether property located in an exposed windswept location, the fire risk that the vegetation surrounding the property poses, the proximity of adjacent structures and risk to such adjacent structures, and whether the vegetation surrounding the property is regularly maintained or pruned. A responsible person is not required to manage vegetation located beyond the property line of the subject parcel.

c. Maintain any space that is within 3 feet from a roadway clear of any flammable vegetation, and maintain a 15-foot vertical clearance, free of vegetation, above roadways including streets, driveways and rights-of-way.

d. Remove or trim any vegetation that is deemed by the Fire Marshal to impede emergency vehicle access.

e. Remove all portions of trees within 10 feet of functioning chimneys or stovepipe outlets.

f. Maintain the roof and gutters free of leaves, needles, or other dead/dying wood.

g. Remove brush and tree limbs that are within six feet of the ground from mature trees.

h. Remove flammable vegetation and limbs from trees that may pose a fire and/or safety hazard to the home or property.

i. Install a spark arrestor on functioning chimneys or stovepipe outlets.

2. Vacant parcels. For any vacant parcel in the city, each responsible person for such parcel shall ensure that vegetation on the parcel is maintained in accordance with the requirements below. Each responsible person shall: Attachment A Agenda Report

a. For parcels with an acreage that is 0.5 acres or less, the responsible person shall clear the entire lot of flammable vegetation and maintain it to a height of 6 inches or less.

b. For parcels with an acreage that is greater than 0.5 acres, clear the area that is one hundred feet along the perimeter of the property line of flammable vegetation and maintain such vegetation to a height of 6 inches or less. A responsible person is not required to manage vegetation located beyond the property line.

c. Maintain any space that is within 3 feet from a roadway clear of any flammable vegetation, and maintain a 15 foot vertical clearance, free of vegetation above roadways including streets, driveways and rights-of-way.

d. Remove flammable vegetation and limbs from trees that may pose a fire and/or safety hazard from the property.

e. Remove brush and tree limbs that are within six feet of the ground from mature trees.

3. Penalties. Violations of this section shall be subject to penalties. Penalty amount may be established by resolution of the City Council. If penalty amounts have not been established by resolution of the City Council, violations of this section shall be punishable by fine in the amounts specified in Government Code section 51185.

“8.14.060 Definitions. In this division:

Defensible Space means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas, as provided in Government Code section 51177(a).

Flammable vegetation means: (1) vegetation, brush, or grasses, which is dry, dead, or dying and which is over six inches in height; or (2) vegetation which has a high resin or sap content including but not limited to Arborvitae, California Bay, Cedar, Cypress, Douglas Fir, Eucalyptus, Fir, Juniper, Palm, Pine, Spruce, Yew, California buckwheat, California sagebrush, Chamise or greasewood, Laurel sumac, Manzanita, Pampas grass, Rosemary, Scotch broom, Spanish Broom, Sugar bush, and Toyon and which is over six inches in height.

Responsible person means any natural person or a corporate entity that is the owner, occupant, lessor, lessee, manager, licensee, or other person having physical or legal control over a structure or parcel of land.

READ > Designating Very High Fire Severity Zones and Adding Additional Fuel Reduction and Vegetation Management Requirements to the City Code 

Oakland’s approach.

Oakland homes adjacent to the East Bay Regional Parklands are instructed to:

30 feet of Lean, Clean and Green

• Remove all dead plants, grass, weeds and overgrown brush.
• Clean leaves, needles, and debris from roofs and rain gutters.
• Keep tree branches 10 feet away from chimney, roof and other trees.
• Move firewood and fuel tanks 30 feet from house.
• Remove all items from under deck. Do not use this space for storage.
• Fire harden your home. Install fine wire mesh over roof, eave and foundation vents.

Piedmont does not border on East Bay Regional Parklands.  Oakland provides an exception for specimens of trees, ornamental shrubbery, and ornamental ground cover even on the Wildlife-Urban border.

City of Oakland Section 4907 Defensible Space – Amend Section 4907 as follows:

Add: 4907.2 Defensible Space. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining the Wildland-Urban Interface Fire Area and persons owning, leasing or controlling land adjacent to such buildings or structures, shall:

Maintain an effective 30-foot defensible space by removing and clearing away flammable vegetation and combustible growth from structures.

Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.

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READ the proposed Piedmont ordinance below:

Piedmont would become the first city in California to require existing residences to make retrofits when spending $25,000 on home improvement projects, including kitchen or bath updates.   Berkeley and San Francisco require all electric for new construction, but not for existing homes.

July 20, 2020 was the first time the Council had considered the proposed REACH CODE ordinance.

In a split vote, three City Council members, Vice Mayor Teddy King, Councilmember Jennifer Cavenaugh, and Councilmember Tim Rood, approved the first reading of the REACH energy program designed to wean Piedmonters off of natural gas.  Mayor Robert McBain and Councilmember Betsy Andersen voted against the first reading of the comprehensive ordinance.    Older buildings undergoing a major remodel or new buildings will be the most impacted by the new ordinance.   The second and final reading of the proposed ordinance was expected for August 3, 2020, however the REACH codes are not on the agenda for that meeting.

On its website for days prior to the Piedmont meeting, the Sierra Club stated,  “All Alameda County residents are urged to join this virtual public meeting to give public comment in support of this electrification ordinance. Building electrification is an essential strategy to curb climate and air pollution.”  Sierra Club speakers did participate at the July 20 meeting.  The Sierra Club opposes cooking with gas, not only in homes, but also in restaurants.

The propane gas industry sent two speakers, and various individuals who helped develop the proposed ordinance encouraged the Council to improve it or adopt the ordinance as proposed. 

One or more speakers were less enthusiastic and raised issues of costs, practicality for life conditions, and concerns over commercial and municipal property not being included.  One speaker stated, “It seems the city should start with their own facilities.” 

Councilmember Andersen questioned why the ordinance had not been reviewed by the Planning Commission stating this would give the residents of Piedmont a greater opportunity to consider and participate in the omnibus ordinance impacting Piedmont homes. Additional, information was requested regarding the cost impact to homeowners.

Mayor McBain was concerned that the $25,000 threshold for ordinance compliance was too low and suggested a higher possible $50,000 threshold.

Rood, Cavenaugh, and King praised the staff for involving the public in outreach to form the comprehensive ordinance meeting Piedmont’s Climate Action Plan goals.  There were no changes made to the proposed ordinance provisions, and the ordinance first reading was approved as proposed by the three affirmative votes.

Unresolved questions raised by the public and council were:

• What is considered cost-effective?
• Why wasn’t the Planning Commission asked to review the ordinance?
• What exceptions are allowed under the ordinance?
• Why are the exceptions not included in the ordinance?
• Will the Planning and Building staff be making the exception decisions?
• Was specific consideration given to Piedmont’s many older homes ill fitted for retrofits?
• Where would the required heat pump be placed on a property?
• What happens to homes heated by radiators or radiant heat?
• Why are City, School, and commercial buildings excluded from the ordinance requirements?
• Should City facilities set the example first and then require homes to comply?
• Is a 30 year amortization period realistic for expensive energy improvements?
• What is the expected cost for required improvements of various ages and sizes of homes?
• Will homeowners be discouraged from making improvements because of significant added costs or evade city permits?
• What happens if your furnace goes out in the middle of winter and you do not have time to install a required solar system?
• How much will it cost to administer the ordinance?
• How was it determined that $25,000 on improvements, such as a new kitchen, would trigger ordinance compliance?

READ the 2020 Ordinance 1st Reading of Ords. 750 & 751 NS Reach Codes & Energy Audit Policy

Piedmont staff described the specific proposed requirements as follows:

• Newly constructed low-rise residential buildings, including new detached accessory dwelling units (ADUs), must use all electric building appliances.
• Projects proposing an entire new upper level on a low-rise residential building, or that increase a low-rise residential building’s total roof area by 30% or more, are required to install solar panels on their roof.
• A housing renovation on a low-rise residential building, that costs $25,000 or more, will require the applicant to include one item from a list of energy efficient insulation or electrification fixes (renovations of $100,000 or more must include two). Multiple items are cost-effective.

The City Council also considered other amendments to the Building Code and policy changes that, while not Reach Codes,  help reduce natural gas use. They are:

• An application for an electrical panel upgrade must include space in the panel to accommodate future electrification of all building appliances.
• Kitchen and laundry area renovations must include electrical outlets to allow for future electrification.
• Requiring completion of a Home Energy Score or Audit (homeowner’s choice) when listing for sale of a property or submitting an application for a design review permit.

Proposed Title 24 amendments (“Reach Codes”), the City Council were considered at the July 20 Council meeting. The first reading was on July 20 and the second reading was expected on August 3, yet is not on the agenda. 

At its regular meeting on July 20th, the Piedmont City Council considered the first reading of an ordinance implementing reach codes, which are amendments to state’s Building Energy Efficiency Standards and state Electrical Code which are designed to promote efficient building methods in homes in Piedmont. The Council considered an ordinance requiring home energy audits under certain circumstances. Click to read the Agenda Report for this item, which includes the proposed ordinances, as well as links to background documents and details on the public outreach. The agenda report and Ordinance 750 N.S. were updated and posted effective July 15, 2020. The update includes typographical corrections in the report and the inclusion of amendments to City Code section 8.02.020 in the ordinance.

The Council was slated to take this issue up at its meeting of July 6th, but due to the importance of the issue and the lateness of the hour, decided to continue consideration to its July 20th regular meeting when a first reading of the ordinance was approved.

These measures are being proposed because Piedmont’s Climate Action Plan (CAP) 2.0 calls for the community to reduce its annual greenhouse gas emissions from the building, transportation, waste, and wastewater sectors, combined, from about 38,000 metric tons of CO2e in 2017 to just 9,800 metric tons in 2050. Currently, a large percentage of Piedmont’s emissions come from natural gas appliances in buildings, especially gas furnaces and water heaters. To meet CAP goals, the Piedmont community must decrease natural gas use in buildings by improving insulation, and by switching out natural gas appliances for electric appliances powered by renewable energy.

Read complete City of Piedmont press release here.

First Reading approved by the City Council >  – 2020 Ordinance 1st Reading of Ords. 750 & 751 NS Reach Codes & Energy Audit Policy