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SR 07-27-2021 7A City Council Report City Council Meeting: July 27, 2021 Agenda Item: 7.A 1 of 2 To: Mayor and City Council From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law Subject: Second Reading And Adoption Of An Ordinance Of The City Council Of The City Of Santa Monica Creating The Commission On Sustainability, Environmental Justice, And The Environment; Appointing All Current Members Of The Santa Monica Task Force On The Environment To The Commission On Sustainability, Environmental Justice, And The Environment; And Sunsetting The Task Force On The Environment Upon This Ordinance Taking Effect Recommended Action Staff recommends that City Council waive reading in full and adopt the attached Ordinance. Summary At its meeting on July 13, 2021, the City Council introduced for first reading an ordinance adding Santa Monica Municipal Code Chapter 2.67 to convert the Task Force on the Environment to the Commission on Sustainability, Environmental Justice, and the Environment, and appoint the current members of the Task Force as the initial members of the Commission. The ordinance is now presented to City Council for adoption. Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council 7.A Packet Pg. 298 2 of 2 Attachments: A. Res-Ord-Chapter2-67CommissionOnSustainability-2d-20210727 7.A Packet Pg. 299 City Council Meeting: July 27, 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, ENVIRONMENTAL JUSTICE, AND THE ENVIRONMENT; APPOINTING ALL CURRENT MEMBERS OF THE SANTA MONICA TASK FORCE ON THE ENVIRONMENT TO THE COMMISSION ON SUSTAINABILITY, ENVIRONMENTAL JUSTICE, 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.A.a Packet Pg. 300 Attachment: Res-Ord-Chapter2-67CommissionOnSustainability-2d-20210727 (4678 : 2nd Reading - Environment Task Force) 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, Environmental Justice, and the Environment,’ is hereby created as follows: 2.67.010 Creation of Commission on Sustainability, Environmental Justice, and the Environment (a) Pursuant to Section 1000 of the Santa Monica City Charter, a Commission on Sustainability, Environmental Justice, 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. 7.A.a Packet Pg. 301 Attachment: Res-Ord-Chapter2-67CommissionOnSustainability-2d-20210727 (4678 : 2nd Reading - Environment Task Force) (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 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, Environmental Justice, 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. 7.A.a Packet Pg. 302 Attachment: Res-Ord-Chapter2-67CommissionOnSustainability-2d-20210727 (4678 : 2nd Reading - Environment Task Force) SECTION 2. The Task Force on the Environment shall sunset on the effective date of this Ordinance. 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.A.a Packet Pg. 303 Attachment: Res-Ord-Chapter2-67CommissionOnSustainability-2d-20210727 (4678 : 2nd Reading - Environment Task Force)