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SR 07-13-2021 7B City Council Report City Council Meeting: July 13, 2021 Agenda Item: 7.B 1 of 3 To: Mayor and City Council From: Denise Anderson-Warren, City Clerk, Records and Election Services Department Subject: Introduction and First Reading of an Ordinance adding Chapter 2.67 to the SMMC converting Task Force on the Environment to the Commission on Sustainability and the Environment Recommended Action Staff recommends that the City Council introduce for first reading an Ordinance adding Chapter 2.67 to the Santa Monica Municipal Code to convert the Task Force on the Environment to the Commission on Sustainability and the Environment. Executive Summary At the April 27, 2021 Council meeting, the City Clerk made a recommendation to City Council to change the status of the Task Force on the Environment to a permanent commission called the Commission on Sustainability and the Environment. Council approved this recommendation and directed staff to return with an Ordinance codifying the change of status by adding to the Santa Monica Municipal Code a new Chapter 2.67 titled Commission on Sustainability and the Environment. Background The Task Force on the Environment was established in 1991 by City Council to advise City Council on environmental program and policy issues. The Task Force on the Environment was the driving force behind the development of Santa Monica’s Sustainable City Plan in the early 1990s and continues to closely monitor the plan and advise Council on plan implementation. The Task Force is an expert panel made up of seven members selected by City Council with no fixed terms. Task Force members must have significant expertise in one or more areas of environmental policy and must reside or work in Santa Monica. 7.B Packet Pg. 2145 2 of 3 At the December 17, 2019 City Council meeting, the City Clerk brought forth a recommendation to convert the Task Force on the Environment to a permanent commission called the Commission on Sustainability and the Environment. At that time, Council directed staff to establish a Community Working Group (CWG) to perform a comprehensive review of the boards, commissions, and task forces, as well as to take up consideration of such items as changing the status of the Environmental Task Force to a permanent commission. The CWG arrived at the same conclusion that since the Task Force on the Environment has been in existence for nearly 30 years, and since there are now more practitioners in the environmental field with the required expertise to serve on the task force, that the Task Force on the Environment should be changed to a permanent commission with the same term limits as other boards and commissions. The City Clerk brought forth this and other recommendations for procedural changes relating to boards, commissions, and task forces to Council at the April 27, 2021 City Council meeting. Council approved the recommendations and directed staff to bring back Resolutions adopting the procedural changes, including a standard bylaws template, as well as an Ordinance codifying the conversion of the Task Force on the Environment to a permanent commission. The Resolutions were adopted by Council at the June 8, 2021 City Council meeting. The Ordinance is now presented to Council. Discussion The newly established Commission on Sustainability and the Environment would be required to adopt the same term limits as all other boards and commissions for its members in addition to the standard bylaws template/rules of procedure as approved and adopted by Council. The Commission would retain the criteria requiring its members to have environmental expertise and that its members live and/or work in the City of Santa Monica as previously required for members of the former Task Force. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. 7.B Packet Pg. 2146 3 of 3 Prepared By: Nikima Newsome, Assistant City Clerk Approved Forwarded to Council Attachments: A. Proposed Ordinance B. PowerPoint Presentation 7.B Packet Pg. 2147 City Council Meeting: July 13, 2021 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING THE COMMISSION ON SUSTAINABILITY AND THE ENVIRONMENT; APPOINTING ALL CURRENT MEMBERS OF THE SANTA MONICA TASK FORCE ON THE ENVIRONMENT TO THE COMMISSION ON SUSTAINABILITY AND THE ENVIRONMENT; AND SUNSETTING THE TASK FORCE ON THE ENVIRONMENT UPON THIS ORDINANCE TAKING EFFECT WHEREAS, in 1991, the Santa Monica City Council created the Task Force on the Environment to advise the City Council on environmental program and policy issues.; and WHEREAS, the Task Force on the Environment was the driving force behind the development of Santa Monica’s Sustainable City Plan in the early 1990s and continues to closely monitor the plan and advise Council on plan implementation; and WHEREAS, at the December 17, 2019 City Council meeting, the City Clerk brought forth a recommendation to convert the Task Force on the Environment to a permanent commission called the Commission on Sustainability and the Environment; and WHEREAS, at the April 27, 2021 City Council meeting, the City Council directed staff to return with an ordinance codifying the conversion of the Task Force on the Environment to a permanent commission. 7.B.a Packet Pg. 2148 Attachment: Proposed Ordinance (4603 : Converting Task Force on the Environment to the Commission on Sustainability and the NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.67 of the Santa Monica Municipal Code, titled ‘Commission on Sustainability and the Environment,’ is hereby created as follows: 2.67.010 Creation of Commission on Sustainability and the Environment (a) Pursuant to Section 1000 of the Santa Monica City Charter, a Commission on Sustainability and the Environment is hereby established. The Commission shall consist of seven members appointed by the City Council. All Commissioners shall reside or work in the City. (b) All Commission members must have expertise in one or more of the following areas: (1) Energy: Efficiency, Conservation, Alternatives; (2) Water: Efficiency, Conservation, Quality; (3) Transportation, Air Quality and Greenhouse Gas Emissions; (4) Stormwater, Wastewater and Coastal Issues; (5) Waste Reduction and Public Health: Solid Waste, Recycling, Hazardous Materials, Procurement Issues; (6) Land Use and Sustainable Development; and (7) Public Education and Community Outreach. (c) The Commission and Commissioners shall be subject to all of the terms of Article X of the City Charter setting forth procedures for appointment of Commissioners, terms, and meetings. (d) The current seven members of City’s Task Force on the Environment are hereby appointed as the first seven members of the Commission. The seven 7.B.a Packet Pg. 2149 Attachment: Proposed Ordinance (4603 : Converting Task Force on the Environment to the Commission on Sustainability and the commissioners shall classify themselves by lot such that two shall serve terms expiring on the next succeeding July 1st, two shall serve terms expiring on the second succeeding July 1st, two shall serve terms expiring on the third succeeding July 1st, and one shall serve a term expiring on the fourth succeeding July 1st. 2.67.020 Powers and duties of the Commission The Commission on Sustainability and the Environment shall have the power and be required to: (a) Identify areas of City operations or policy that could/need to be adjusted to move the city toward becoming a Sustainable Community. (b) Review programs and policies related to environmental issues as they are brought to the Task Force by staff, elected City officials, or concerned members of the public. (c) Make recommendations in the form of formal motions directed to the City Manager and/or City Council or Planning Commission members and provide quarterly reports to City Council. (d) Pursue a limited advocacy role through resolutions, formal statements, and presentations at City Council and other public meetings. Task Force advocacy will not extend into lobbying, writing editorial articles, or similar activities. (e) Address only those development projects in Santa Monica that have a significant potential to impact the Sustainable City Program goals. SECTION 2. The Task Force on the Environment shall sunset on the effective date of this Ordinance. 7.B.a Packet Pg. 2150 Attachment: Proposed Ordinance (4603 : Converting Task Force on the Environment to the Commission on Sustainability and the SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: _________________________ GEORGE S. CARDONA Interim City Attorney 7.B.a Packet Pg. 2151 Attachment: Proposed Ordinance (4603 : Converting Task Force on the Environment to the Commission on Sustainability and the Conversion of the Task on the Environment to the Commission on Sustainability & the Environment Denise Anderson-Warren, City Clerk Nikima S. Newsome, Assistant City Clerk 7.B.b Packet Pg. 2152 Attachment: PowerPoint Presentation (4603 : Converting Task Force on the Environment to the Recommended Action Staff recommends that the City Council introduce and approve on first reading an Ordinance adding Chapter 2.67 to the Santa Monica Municipal Code to convert the Task Force on the Environment to the Commission on Sustainability and the Environment. 7.B.b Packet Pg. 2153 Attachment: PowerPoint Presentation (4603 : Converting Task Force on the Environment to the History on the Ta sk Force vEstablished in 1991 by Council v7 Members with no term limits vMembers must have significant expertise in one or more areas of environmental policy vEnergy: Efficiency, Conservation, Alternatives vWater: Efficiency, Conservation, Quality vTransportation, Air Quality and Greenhouse Gas Emissions vStormwater, Wastewater and Coastal Issues vWaste Reduction and Public Health: Solid Waste, Recycling, Hazardous Materials, Procurement Issues vLand Use and Sustainable Development vPublic Education and Community Outreach vDriving force behind the development of Santa Monica’s Sustainable City Plan and continues to closely monitor the plan and advise Council on plan implementation 7.B.b Packet Pg. 2154 Attachment: PowerPoint Presentation (4603 : Converting Task Force on the Environment to the History on Conversion vDecember 17, 2019 Council Meeting vStaff brought forth the recommendation vTask Force has existed for 28 years vMore practitioners in the field vSolidifies Santa Monica’s Commitment vCouncil deferred the recommendation to the Community Working Group on Boards and Commissions (CWG) vApril 27, 2021 Council Meeting vStaff returned to Council and brought forth the same recommendation from CWG vCouncil directed staff to bring back an Ordinance codifying the conversion 7.B.b Packet Pg. 2155 Attachment: PowerPoint Presentation (4603 : Converting Task Force on the Environment to the Changes as a Result of Conversion vSubject to the terms of Article X of the City Charter vCurrent 7 Members of TFE vTe rm Limits Established–Terms to be determined via lot v2 Terms expire July 2022 v2 Terms expire July 2023 v2 Terms expire July 2024 v1 Term expires July 2025 7.B.b Packet Pg. 2156 Attachment: PowerPoint Presentation (4603 : Converting Task Force on the Environment to the Recommended Action Staff recommends that the City Council introduce and approve on first reading an Ordinance adding Chapter 2.67 to the Santa Monica Municipal Code to convert the Task Force on the Environment to the Commission on Sustainability and the Environment. 7.B.b Packet Pg. 2157 Attachment: PowerPoint Presentation (4603 : Converting Task Force on the Environment to the Thank You Questions? 7.B.b Packet Pg. 2158 Attachment: PowerPoint Presentation (4603 : Converting Task Force on the Environment to the