HomeMy WebLinkAbout14 REDUCE LIGHTING 02-20-01AGENDA
R PORT
NO. 14
02-20-01
II I
MEETING DATE'
TO:
FROM'
SUBJECT:
FEBRUARY 20, 2001
HONORABLE MAYOR AND MEMBERS OF THE CI.TY COUNCIL
CITY ATTORNEY
GOVERNOR'S EXECUTIVE
SUBSTANTIALLY REDUCE
BUSINESS HOURS.
ORDER REQUIRING BUSINESSES TO
OUTDOOR LIGHTING DURING NON-
SUMMARY:
Pursuant to the City Council's request, we have reviewed Executive Order D-19-01
requiring retail establishments to substantially reduce maximum outdoor lighting
capability during non-business hours, except'as necessary for the health and safety of
the public, employees, or property. The Order further requires the Office of Emergency
Services to consult with the Commissioner of the California Highway Patrol and the
Sheriffs to develop plans for the voluntary .implementation of the Order as soon as
practicable and for the mandatory implementation of the Order by March 15, 2001. No
Plan has been announced as of February 11, 2001. Enforcement of the Order and the
regulations implementing them rests with local enforcement agencies in conjunction
with the local District Attorney's office.
RECOMMENDATION'
Receive and file.
FISCAL IMPACT:
There is no fiscal impact with this action.
BACKGROUND'
Governor Davis issued a Proclamation on January 17, 2001, declaring a state of
emergency pertaining to shortages of electricity available to California's utilities (the
"Ener~y Crisis"). Pursuant to the authority vested in the Governor by the California
Emergency Services Act, the Governor issued Executive Order D-19-01 requiring retail
establishments to substantially, reduce maximum outdoor lighting capability during non-
132503
business hours, except as necessary for the health and safety of the public, employees,
or property.
The Order further requires the Office of Emergency Services to consult with the
Commissioner of the California Highway Patrol and the Sheriffs to develop plans for the
voluntary implementation of the Order as soon as practicable and for the mandatory
implementation of the Order by March 15, 2001.
No Plan or Regulations have been announced as of February 11, 2001. The
Technology, Trade and Commerce Agency is responsible for promulgating such Plan or
Regulations once they are released by the Office of Emergency Services.
Pursuant to Government Code Section 8567, executive orders have the force and effect
of law. Government Code Section 8665 further provides that violations of such order
are punishable as misdemeanors.
We have contacted the Orange County District Attorney's Office and have confirmed
that the District Attorney will enforce the Order and regulations implementing them in
the same manner as the enforcement of any other California Law, violations of which
are punishable as misdemeanors. Therefore, the District Attorney's Office will process
cases as submitted by local police departments in the manner as they currently process
violations of State Law.
ATTACHMENTS:
o
Executive Order D-19-01
Governor Davis January 17, 2001 Proclamation Regarding the Energy Crisis
California Technology, Trade and Commerce Agency Energy-efficiency Tips for
Businesses.
ATTACHMENT 1
Governor Davis' Executive Order D-19-01
Excc Order
Page. 1 o f 2
Exec Order
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EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER D-19-01
by the
Governor of the State of California
WHEREAS, on January 17, 2001, I proclaimed a State of Emergency to exist due to the energy shortage in the State of
California; and
WHEREAS, efforts by California residents to conserve energy are essential to alleviating the energy shortage; and
WHEREAS, substantial amounts of electricity are consumed through unnecessary outdoor lighting by retail
establishments after business hours, including but not limited to, shopping centers, auto malls and dealerships; and
WHEREAS, it is imperative that unnecessary consumption of electricity be eliminated to mitigate the effects of this
emergency; and
WHEREAS, the energy shortage is a matter of public safety;
NOW, THEREFORE, I, GRAY DAVIS, Governor of the State of California,Governor of the State of California, by virtue of
the power and authority vested in me by the Constitution and the statutes of the State of California, including the
California Emergency Services Act, and in furtherance of my Proclamation of a State of Emergency, do hereby issue this
order:
All California retail establishments, including but not limited to shopping centers, auto malls and dealerships, shall
substantially reduce maximum outdoor lighting capability during non-business hours, except as necessary for the health
and safety of the public, employees, or property.
"Maximum outdoor lighting capability" means the total amount of wattage used in outdoor lighting to illuminate the outdoor
premises of the retail establishment.
On or before February 9, 2001, the Office of Emergency Services in consultation with the Commissioner of the California
Highway Patrol and the Sheriffs of the following counties: Los Angeles, Orange, Santa Barbara, Alameda, Shasta,
Stanislaus, Sacramento, Fresno, and San Bernardino shall develop plans: (1) for the voluntary implementation of this
order as soon as practicable and (2) the mandatory implementation of the provisions of this order by March 15, 2001.
The Technology, Trade and Commerce Agency shall be responsible for publication, notification, and communication
about this Executive Order to the public, retail establishments and local officials. The State and Consumer Services
Agency and the Office of Emergency Services shall assist the Technology, Trade and Commerce Agency, as needed.
The Technology, Trade and Commerce Agency, working with the State and Consumer Services Agency, shall submit a
report recommending additional steps by commercial establishments to conserve energy.
Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor
with a fine not to exceed $1000, in accordance with section 8665 of the California Government Code.
i FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that
widespread publicity and notice be given to this order.
http://x.~vw~g~vern~r~ca~g~v/state/g~vsite/g~v~htm~print.jsp?BV~Sessi~n~D=~@~~ 648091... 2/9/01
Exec Order ?~,,~ Page 2 of 2
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the
State of California to be affixed this 02/01/2001.
Governor of California
ATTEST:
Secretary of State
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...
ATTACHMENT 2
Governor Davis January 17, 2001 Proclamation
Regarding the Energy Crisis
Page 1 of 2
OFFICE OF THE GOVERNOR
FOR IMMEDIATE RELEASE
PROCLAMATION
by the
Governor of the State of California
WHEREAS, shortages of electricity available to California's utilities have today resulted in blackouts
affecting millions of Californians; and
WHEREAS, unanticipated and dramatic increases in the price of electricity have threatened the
solvency of California's major public utilities, preventing them from continuing to acquire and
provide electricity sufficient to meet California's energy needs; and
WHEREAS, the Califomia Public Utilities Commission, the Independent Systems Operator and the
Electricity Oversight Board have advised that the electricity presently available from California'S
utilities is insufficient to prevent widespread and prolonged disruption of electric service within
California; and
WHEREAS, this energy shortage requires extraordinary measures beyond the authority vested in the
California Public Utilities Commission; and
WHEREAS, the imminent threat of widespread and prolonged disruption of electrical power to
California's emergency services, law enforcement, schools, hospitals, homes, businesses and
agriculture constitutes a condition of extreme peril to the safety of persons and property within the
state which, by reason of its magnitude, is likely to be beyond the control of the services, personnel,
equipment, and facilities of any single county or city; and
WHEREAS, under the provisions of Section 8558 (b) of the California Government Code, I find that
an emergency exists;
NOW, THEREFORE, I, GRAY DAVIS, Governor of the State of California, in accordance with the
authority vested in me by the California Emergency Services Act, and in particular, Section 8625 of
the California Government Code, HEREBY PROCLAIM A STATE OF EMERGENCY to exist
within the State of California; and
IT IS ORDERED that all agencies of the state government utilize and employ state personnel,
equipment and facilities for the performance of any and all activities to alleviate this emergency.
http :/Ax~,w.govemor.ca.gov/govsite/press_release/2001_01/2 0010117_PR01025 att l_proc.html 2/13/01
Page 2 of 2
IT IS FURTHER ORDERED that the Department of Water Resources, separate and apart from its
powers and responsibilities with respect to the State Water Resources Development System, shall
enter into contracts and arrangements for the purchase and sale of electric power with public and
private entities and individuals as may be necessary to assist in mitigating the effects of this
emergency. The Department is hereby directed to enter into these contracts as expeditiously as
possible and is hereby authorized to do so notwithstanding the provisions of the Government Code
and the Public Contract Code applicable to state contracts, including but not limited to, advertising
and competitive bidding requirements, which provisions are suspended pursuant to Government
Code section 8571 to the extent that they would prevent, hinder or delay the prompt mitigation of the
effects of this emergency. The Department is further directed to maintain as separate and distinct the
obligations incurred and the funding of such contracts and arrangements from the funds, monies and
obligations of the State Water Resources Development System.
I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of
the Secretary of State and that widespread publicity and notice be given to this proclamation.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of
California to be affixed this 17th day of January 2001.
Governor of California
ATTEST:
Secretary of State
GOVERNOR GRAY DAVIS SACIL~ENTO, CALIFORNIA 95814 (916) 445-2841
http://xxa~v.govemor, ca.gov/govsite/press_release/2001 01/20010117 PR01025attl___proc.html 2/13/01
ATTACHMENT 3
California Technology, Trade & Commerce Agency
ENERGY-EFFICIENCY TIPS FOR BUSINESSES
California Trade and Comm." ..... - Agency' The Latest' The Energy Challenge
Page. 1 of 3
Trr. CHNOLO~y TRADE AND COMMERCE AGENCY
California Technology, Trade & Commerce Agency
Gray Davis, Governor
Lon S. Hatamiya, Secretary
ENERGY-EFFICIENCY TIPS FOR BUSINESSES
LOW COST STEPS TO SAVE ENERGY AND MONEY FOR ALL BUSINESSES
How to Reduce Lighting Costs
· Install energy-efficient lamps and ballasts in all lighting fixtures, along with smart lighting controls if
appropriate.
· Use occupancy sensors with ultrasonic or infrared methods to detect movement.
· Replace older magnetic ballasts with electronic ballasts when lighting fixtures are used at least eight hours
a day.
· Exchange older T-12 lamps and magnetic ballasts with T-8 lamps and electronic ballasts.
· Replace exit incandescent lights in exit signs with LED fixtures.
· Use metal halide (MH) or high-pressure sodium (HPS) lighting fixtures instead of mercury vapor fixtures.
How to Reduce Air Conditioning Costs
, Select energy-efficient air conditioning units when old units are no longer serviceable.
· Reduce air-conditioning hours by installing a timer clock to turn off the system when the building is not
occupied.
· Install programmable thermostats that set different operating schedules for weekends, and different
temperatures for occupied and unoccupied periods of each day.
· Perform regular maintenance by cleaning condenser coils, changing belts and filters, and fixing duct leaks.
Also check for economizer operation and adequate refrigerant levels.
· Install timers and switches on control exhaust fans to shut them off when the building is not occupied.
· Invest in high-efficiency air conditioning units, such as those with evaporative coolers and a built-in energy
management system.
How to Reduce Heating Costs
· Reduce heating hours by installing a timer clock to turn off the system when the building is not occupied.
h ttp://c omm ere e. ca. g o v/1 at est/eh ergy-tip s. h tml
2/9/01
California Trade and Commerce Agency: The Latest: The Ener,,~Challenge
Page 2 of 3
· Install programmable thermostats that set different operating schedules for weekends, and different
temperatures for occupied and unoccupied periods of each day.
· Perform regular maintenance by cleaning condenser coils, changing belts and filters, and fixing duct leaks.
Also check for economizer operation and adequate refrigerant levels.
· Inspect and repair leaky heating ducts.
· Fix steam leaks.
· Clean blower coils and heat exchanger surfaces.
· Adjust belt drives, dampers, valves, and linkages.
· Retain heat by closing curtains, shades, and blinds at night and during unoccupied periods. Keep them
open on clear days to take advantage of the heat from the sun.
Water heating tips
· Repair leaks.
· Lower the thermostat. 120 degrees is satisfactory for many common uses.
· Use less hot water. Install Iow-flow showerheads and put flow restrictors on lavatory sinks.
· Install timers. Timers can automatically turn water heaters off at night and back on in the morning,
reducing energy use when hot water isn't needed.
Office Equipment
· Adopt a policy of buying office equipment with the ENERGY STAR logo. ENERGY STAR-labeled products
use less energy than other products, save money on utility bills, and help protect the environment.
· ENERGY STAR PC monitors power down during periods of inactivityl reducing energy costs up to 60
percent.
· ENERGY STAR printers power down when inactive, cutting energy costs up to 65 percent.
· Turn computers and equipment off at the end of the day and during the day when the computer is not
being used for an extended period of time.
INDUSTRY SPECIFIC COST CUTTING SOLUTIONS
Grocery Stores
· Replace older, open display cases with energy-efficient models that have glass doors.
· Add floating head pressure controls to reduce the refrigeration system's condensing temperature.
Restaurants
· Adopt efficient schedules for cooking equipment and lighting in the dining area.
· Use high-efficiency griddles.
· Use high-efficiency fryers. Efficient gas fryers can use up to 40 percent less energy than standard units.
Retail Outlets & Manufacturing Facilities
· Follow guidelines outlined under Low Cost Steps to Save Energy and Money (see top section).
Financial Help
· Rebates: Small businesses can get help from a program offered by California's investor-owned utilities
called Express Efficiency. It offers rebates on many types of equipment, including lighting, air conditioning,
refrigeration, food service, motors, water heaters, boilers and various types of automatic controls. You're
eligible if your business uses less than 500 kW, or you use less than 28,000 therms of gas each month.
Contact your utility company for details.
http://comm erce. ca. go v/latest/energy-tips.html
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California Trade and Commer.---'~ ..... Agency' The Latest' The Energy Challenge
Page 3., o f 3
Performance Contracting
· Inspectors from private firms called ESCOs (Energy Service Companies) can audit your building, identify
how you can reduce energy costs, specify the equipment needed, finance the project, install the
equipment and then guarantee that it will operate properly. Generally, the ESCO shares the financial risk
associated with the project and in return keeps some of the savings on your energy bill. Call your utility
company for more details.
Information about suppliers
· To find stores that feature ENERGY STAR equipment, call 1-888-STAR-YES, or visit the web site at
www.epa..gov/energystar.
Education and Training
· Your utility company operates special facilities to provide hands-on experience and other types of training
related to energy efficiency techniques and products. Call your utility company for details.
These tips will be updated periodically. Come back to our page later for new information.
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§ 8567 EMERGENCY SERVICES ACT
§ 8567. Orders and regulations; Publicity and notice
(a) The Governor may make, amend, and rescind orders and regula-
tions necessary to carry out the provisions of this chapter. The orders-
and regulations shall have the force and effect of law. Due consideration
shall be given to the plans of the federal government in preparing the
orders and regulations. The Governor shah cause widespread publicity
and notice to be given to all such orders and regulations, or amend-
ments or rescissions thereof.
(b) Orders and regulations, or amendments or rescissions thereof, is-
sued during a state of war emergency or state of emergency shall be in
writing and shah take effect immediately upon their issuance. When-
ever the state of war emergency or state of emergency has been
terminated, the orders and regulations shall be of no further force or
effect.
(c) All orders and regulations relating to the use of fundS pursuant to
Article '16' (commencing With' 'sehti0n "8645)'"'~;hall' b~'. Prepared in
advance of any.commitment or expenditure of the funds. Other orders
and regulations needed to carry out .the provisiOns of this chaPter shall,
whenever practicable, be. prepared in advance of a state of war emer-
gency or state of emergency.
·
(d) All orders and'regulations made in adVance of a state of war emer-
gency or state of emergency shall be in writing, shall'be exempt from
Chapter 3.5 (commencing with Section 1.1.340) of Part i of Division 3
of Title 2, but shall be subject to the approval of the Emergency
Council. As soon thereafter as possible they shall be filed in the office
of'the Secretary of State and with the county, clerk of each county.'
Added Stats 1970 ch 1454 § 2. Amended Stats 1983 ch 142 § 32.
Amendments: ..
1983 Amendment: Routine code maintenance.
Historical Derivation:
Former Mil & Vet C § 1535.1, as added Stats .3d Ex Seas 1950 ch 3 § 8, amended Stats 1955
ch 1558 § 1..
Collateral References:'
Attorn~ General's Opinions:
Local law enforcement officers have independent emergency powers to restrict entry
to area damaged by earthquake while threat exists to public health and safety as
reasonably determined on a case-by-case basis. 67 Ops Atty Gen 535.
§ 8568. State Emergency Plan; Where effective
The State Emergency Plan shall be in effect, in each political subdivi-
sion of the state, and the governing body of each political subdivision
shall take such action as may be necessary to carry out the provisions
thereof.
Added Stats 1970 ch 1454 § 2.
212
ARTICLE 19
Penalties and Severability
Section
8665,
..
8666..
Persons. violating or neglecting, t0'.0..bey l'awful... Order or regulation; Fine
and imprisonment ...
Effect of invalidity of provisions or.their application
..
§ 8665. Persons violating or neglecting to obey lawful order or regula-
ti0n; Fine and imprisonment
Any person· who 'violates' "any of the ProViSions of this Chapter or who
refuses or willfully neglects to obey any lawful order, or regulation
promulgated Or .issued as Provided in this chapter, shall be guilty of a
misdemeanor and, upon Conviction thereof, shall be punishable by a
fine of.not to exceed one thousand dollars ($1,000) or by imprisonment
for not to exceed six months or by both such fine and imprisonment.
Added 'Stats 1970 ch 1454 § 2. Amended Stats 1983 ch 1092 § 131, effective September 27,
1983, operative January 1, 1984.
.
Amendments:
1983 Amendment: Doubled the fine.
Historical Derivation:
Former Mil & Vet C § 1600, as added Stats 1st Ex Sess 1943 ch 1 § 2.
Cross References:
Noncompliance with order or regulation of Governor: Gov C § 8621.
Misdemeanor defined: Pen C § 17.
NOTES OF DECISIONS
The misdemeanor prosecution of a person for fail-
ure to comply vdth the Governor's emergency proc-
lamation requiring persons within a quarantine area
to remove all Mediterranean fruit fly hosts from
trees and plants by a certain date, in violation of
Gov. Code, § 8665 (punishment for violation of
provisions of Emergency Services Act) was not
barred by any modification or expiration of the
Governor's emergency order, where' it was alleged
that the person's failure to act during the time of
the emergency was the basis for the charge. Martin
v Municipal Court (1983, 1st Dist) 148 Cal App 3d
693, 196 Cai Rptr 218.
§ 8666. Effect of invalidity of provisions or their application
If any section, subdi~ion, subsection, sentence, clause, or phrase in
this chapter, or the application thereof to any person or circumstances.
308