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BACKGROUND <br /> On August 16, 2011, the City Council approved the draft CAP strategy, and staff began <br /> work on a supplemental Environmental Impact Report. Staff submitted the draft plan to <br /> the Bay Area Air Quality Management District (BAAQMD) during the environmental <br /> review period for review and comment. Based on feedback from the BAAQMD, staff <br /> made some adjustments to the draft plan. The specific changes that BAAQMD requested <br /> were: <br /> 1. Remove the credit for GHG emissions from the plan that are attributed to fuel price <br /> increases. <br /> 2. Move strategies in the Community Engagement section to the appropriate CAP <br /> sectors to appropriately reflect where the reductions would occur. <br /> 3. Change "incentivize" to `require" in all Land Use measures addressing municipal <br /> development codes related to density, infill, mixed-use, and transit-oriented <br /> development. <br /> 4. Change assist employers or work with employers to require employers to offer <br /> transportation and parking demand management programs; and <br /> 5. Reduce minimum size requirements of employers targeted for TDM programs <br /> 100+ to 50+ employees. <br /> Staff had expected the BAAQMD to request changes and had planned for such a request <br /> by reserving some measures that could meet the target and not change the structure of <br /> the plan as developed by the community process. Staff worked with District personnel to <br /> incorporate these changes and asked the District to provide an updated comment letter. <br /> We were successful in working with the District toward this goal and received a revised <br /> comment letter on January 6, 2012 stating that the City plan met the requirements of a <br /> qualified CAP. The changes that were made did not change the intent of the plan to <br /> educate and collaborate — and not regulate — the community to attain the CAP goals. <br /> Below are the changes incorporated into the final CAP: <br /> 1 . The fuel price impact "credit" was removed; <br /> 2. We moved the Community Engagement strategies into the relevant energy or land <br /> use categories as requested. <br /> 3. The future reductions expected from the solar program were improved based on <br /> the strong results we have achieved since inception of the program, and expect to <br /> sustain; <br /> 4. The impact of Transportation Demand Management (TDM) measures was thus <br /> strengthened through a more aggressive reduction calculation supported by the <br /> District; and <br /> 5. We targeted TDM programs for commercial developments of 100+ employees <br /> combined rather than individual companies of 50+ or more. <br /> The most significant reason we were successful was due to our ability to work with <br /> District personnel to make changes that did not require the prescriptive suggestion to <br /> make all land use strategies required and require any further regulatory enforcements at <br /> this time. This was possible due to all the proactive steps our community has taken over <br /> Page 2 of 6 <br />