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HomeMy WebLinkAboutStaff Report 5.E 07/15/2019DATE: July 15, 2019 TO: Honorable Mayor and Members of the City Council FROM: Peggy Flynn, City Manager"IP Eric Danly, City Attorney vim SUBJECT: Consideration and Possible Introduction of an Ordinance Establishing a Climate Action Commission RECOMMENDATION It is recommended that the City Council consider, and if the full Council supports recommendations of the ad hoc City Council Climate Action Subcommittee, introduce the attached ordinance establishing a Climate Action Commission and provide staff direction on the selection process for that Commission. BACKGROUND The issue of climate change and related issues such as sustainable practices regarding air quality, development, energy use, transit and transportation, waste management, etc., continue to figure prominently in policy discussions of the Petaluma City Council. Prior to the April 6, 2019 City Council Goal -Setting Workshop, the Climate Action Campaign—a local community group comprising members of nonprofits, residents, and local businesses --provided a memo urging the City Council to include the following in its 2019-2020 goal setting priorities: 1) adoption of a resolution declaring a climate emergency; 2) creation of a Petaluma climate cabinet; and 3) establishing accountability for Petaluma's climate goals. Additionally, Councilmember D'Lynda Fischer requested on April 8, 2019, that the adoption of a climate emergency resolution be agendized for Council consideration. On May 6, 2019, the City Council adopted the draft climate emergency resolution endorsed by the Climate Action Campaign as Resolution No. 2019-055 N.C.S. At the May 6 City Council meeting, the City Council appointed Council Members Fischer, Healy and Miller to an ad hoc Climate Action Subcommittee to consider creation of a Council -created body of appointees to provide advice and policy recommendations to the City Council regarding climate change issues. The Climate Action Subcommittee has met with staff and directed that staff prepare enabling legislation for Council creation of a new Climate Action Commission. Staff has prepared draft enabling legislation as directed by the Climate Action Subcommittee. The purpose of this item is to present to the full Council for its consideration and possible adoption the draft Climate Action Commission enabling legislation prepared as directed by the Council Climate Action Subcommittee. DISCUSSION The City Council Goals for Fiscal Years 2019/2020 and 2020/2021 which the City Council adopted by resolution on July 1, 2019 include a number of objectives and workplan items related to climate action. The Council Goals document includes an entire objective category entitled "Our Environmental Legacy," and the objective of preserving and protecting Petaluma's environment with smart and efficient use of resources includes as one of its workplan items "Adopt an ordinance creating and empowering a City Climate Commission." The City Council Climate Action Subcommittee has held meetings with staff to review draft enabling legislation and provided direction resulting in the draft ordinance for establishing a Climate Action Commission that is attached to this staff report. The following summarizes the main features of the draft Climate Action Commission enabling ordinance. 1. Commission Rather Than Committee Consideration The Council Subcommittee directed staff to prepare enabling legislation that would establish a Climate Action Commission rather than a committee. That direction was informed by discussion of the differences between commissions and committees pursuant to the City's Charter and Municipal Code. Section 55 of the Petaluma Charter recognizes the Council's power to establish commissions "as necessary for the effective accomplishment of municipal business." Section 55 requires that a council member must be a member of each commission, and that commissioners shall be appointed to terms not to exceed 4 years, and that no commissioners who have served continuously for six years shall be reappointed until at least one year shall have elapsed after the expiration of the sixth year of service. No such restrictions apply to Council -created committees. Council committees are not required to have a Council Member as a committee member and are not subject to the Charter term limits. The Council Subcommittee directed that the climate action body enabling legislation be prepared to create a commission rather than a committee in part to ensure that a Council member would serve on the body, and that the enactment occur via ordinance so that the enabling legislation may be codified in the City's Municipal Code. 2. Appointee Qualifications In addition to directing that the Climate Action Commission appointees include a Council Member liaison, the Council Subcommittee directed that 1) at least one commissioner have professional expertise in climate issues, and 2) that three commissioners could also be members of the Planning Commission, Pedestrian/Bicycle Advisory Committee, and Transit Advisory Committee, but that it should not be required. The Council Subcommittee also directed that all commissioners should have resided in the City not less than 1 year prior to being appointed, and except for two members that may reside outside the City but must have Petaluma mailing addresses. 3. Commissioner Terms The Council Subcommittee directed that Climate Action Commission terms should be staggered, four-year terms, except for the Council Member liaison term, which should be one year. 4. Duties of the Commission As recommended by the Council Subcommittee, the duties of the Climate Action Commission would entail engagement with climate related matters, including: • Acting as a focal point for community education through workshops where experts can share their expertise. • Understanding our impact on the environment, including carbon footprint and greenhouse gas emissions. • Suggesting climate change policies to be implemented by City staff. • Encouraging community groups to provide additional community involvement and expertise. • Examining best practices from other jurisdictions and recommending implementation as appropriate. 5. Commission Meetings As recommended by the Council Subcommittee, the Climate Action Commission meetings would occur in the City Council chambers, unless otherwise indicated. Staff recommend that the Climate Action Commission generally meet monthly at a regularly scheduled time. Special meetings, in addition to the regular meetings, can be scheduled to address additional business, such as significant policies, that would require more time, focus, staff preparation, and outreach than would be available at the regularly -scheduled monthly meeting. Staff suggest that the Commission establish a regular meeting time and date at their first meeting. 6. Other Standard Subordinate Body Enabling Legislation Provisions As with most of the enabling enactments establishing the City Council's other subordinate, advisory bodies, the ordinance creating the Climate Action Commission includes provisions under which the Council reserves the power to remove commissioners, and provisions that authorize the Commission to establish rules governing Commission meetings. Also, as with legislation creating other Council advisory bodies, the attached ordinance would prohibit the Commission from employing people and from incurring financial obligations on the part of the City. Commission Selection Process Based upon the Council's recently -adopted Goals and Priorities list "Our Environmental Legacy" as one of the top five goals of the City, which prioritizes preserving and protecting Petaluma's environment workplan item, and given the community's interest in this City initiative, staff recommends a selection process for the Commissioners of this entity that is transparent and provides opportunities for public engagement and participation. Staff is recommending a simple application process which could include: • the standard application for City committees and commissions • supplemental questionnaire to ascertain interest, areas of expertise, and knowledge of current climate science and best practices After the application period closes, staff is recommending that the interviews occur in a publicly - noticed Council meeting, which would allow the applicants to introduce themselves and Council members to ask questions. The selection could be made at that same meeting or in a meeting following the interviews. FINANCIAL IMPACTS The primary direct financial impacts that can be anticipated from creation of a Climate Action Commission are staff time and other costs of supporting the Commission's activity, including training costs for commissioners, costs related to streaming Commission meetings, etc. ATTACHMENTS 1. Ordinance Establishing a Climate Action Commission Attachment 1 ORDINANCE NO. N.C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ESTABLISHING A CLIMATE ACTION COMMISSION WHEREAS; all the countries that signed the 2015 Paris Agreement vowed to keep Global warming in this century "well below 2°C above pre -industrial levels" and to "pursue efforts to limit temperature increase even further to 1.5°C"; and WHEREAS, the 2018 International Panel on Climate Change (IPCC) Special Report on Global Warming of 1.5°C estimates that humans have already caused about 1.0°C of global warming above pre -industrial levels; and WHEREAS, the 2018 IPCC Special Report estimates that to have a 66% chance of limiting global warming to 1.5° C, we cannot exceed our remaining "carbon budget," which is equal to about 10 years of current -level greenhouse gas (GHG) emissions; and WHEREAS, current global warming has contributed to the increasing frequency and intensity of wildfires, floods, droughts, heat waves, and hurricanes; and WHEREAS, Northern California wildfires in 2017 and 2018 destroyed at least 3 8,3 33 structures, killed 118, displaced thousands, and caused serious reductions in air quality; and WHEREAS, the current pace of sea -level rise is already impacting California's coastline - at 2-3 feet of sea -level rise, parts of Petaluma would be under water - and there is the possibility of 6.5 feet or more of total sea -level rise by 2100; and WHEREAS, climate change and the global economy's overshoot of ecological limits are driving the sixth mass extinction of species; and WHEREAS, the U.S. has contributed greatly to these climate and ecological crises and bears an extraordinary responsibility to help solve them; and WHEREAS, restoring a safe and stable climate requires mobilization at all levels of government and society on a scale, scope, and speed not seen since World War Two; and WHEREAS, marginalized communities worldwide—including people of color, immigrants, indigenous communities, low-income people, those with disabilities, and the unhoused—are already disproportionately affected by climate change and must benefit first from a just transition to a sustainable and equitable economy; and WHEREAS, efforts to control climate change will have many other beneficial effects, such as cleaner air and water; employment closer to home; cost savings for households and the City, and the priceless creation of community; and WHEREAS, the City of Petaluma anticipates that the California and federal law will be enacted to combat climate change in the future; and WHEREAS, the City deems it necessary to take action regarding climate change now; and WHEREAS, the City of Petaluma intends to elevate climate issues to the highest priority in its goal -setting process; to give precedence to climate mitigation and adaption when evaluating policies and purchases, planning projects and allocating resources; and will seek financial and regulatory aid to support these efforts; and WHEREAS, the City of Petaluma will encourage and promote reducing citywide GHG emissions to carbon neutrality as quickly as possible and no later than 2045 – the goal set by Governor Brown's Executive Order B-55-18 – to accelerate climate adaptation and resilience strategies; and WHEREAS, the City of Petaluma supports full public participation toward zero net emissions—including input from and participation by disenfranchised communities – and recognizes that Petaluma residents, community organizations, labor, business, and schools are integral to leading this effort; and WHEREAS, the City of Petaluma calls for emergency action at all levels of government to restore a safer climate, safeguard against the results of climate change, and support the just transition to a sustainable economy with good -paying, high-quality jobs; and WHEREAS, the City of Petaluma intends to do everything in its power to swiftly convert to an ecologically, socially, and economically sustainable economy; and WHEREAS, to support this effort, the City Council of the City of Petaluma wishes to establish a Climate Action Commission to further the discussion and create policies and procedures related to the current climate crises; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Petaluma as follows: Section 1: New Chapter 2.90 Added. A new Chapter 2.90 of the Petaluma Municipal Code is hereby added to read as follows: Chapter 2.90 – Climate Action Commission 2.90.010 Establishment 2.90.020 Qualifications and Appointment of Members 2.90.030 Terns of Office 2.90.040 Vacancies 2.90.050 Duties 2.90.060 Rules and Regulations 2.90.010 Establishment — A Climate Action Commission consisting of seven members is hereby established for the City. 2.90.020 Qualifications and Appointment of Members — The Commission shall have one member who is a liaison from the City Council appointed by the City Council. The remaining six Commission members shall be appointed from the community at large by the City Council. At least one Commission member shall have professional expertise in climate issues. Three members of the Commission may be, members of the Planning Commission, Pedestrian/Bicycle Advisory Committee, and Transit Advisory Committee appointed by the City Council to also serve on the Climate Action Commission. All Commission members must have resided in the City not less than one year prior to appointment. Two C omission members may reside outside of the City limits but must have Petaluma mailing addresses. 2.90.030 Terms of Office —Terms of office for the six of the seven Commission members shall be four-year staggered terms, and shall extend until the 30th day of June or until his/her successor is appointed. The City Council liaison shall be appointed at the beginning of each calendar year and serve for one year or until his/her successor is appointed. 2.90.040 Vacancies - Upon the death, resignation, disability to perform the duties of a Commission member, or upon the loss of qualifications necessary to serve as a Commission member, or upon the failure to attend any meeting of the Commission for five consecutive regular meetings, except in case of illness or for some other unavoidable cause, or based on other considerations of the City Council in its sole discretion, the City Council shall review and if found to be appropriate, declare the office of such member vacant and thereupon appoint a qualified person to fill such vacancy for the unexpired term of such member. 2.90.050 Duties — The Climate Action Commission shall perform the duties designated and delegated by the City Council on matters pertaining to climate action policies and their implementation within the City. The Commission shall also serve as a forum for the consideration, analysis and coordination of climate action related City policies, and shall advise the City on matters referred by City departments, and other Council -appointed hearing bodies. The Climate Action Commission shall engage with climate related matters, including but not limited to: 1. Acting as a focal point for community education through workshops where experts can share their expertise. 2. Understanding our impact on the environment, including carbon footprint and greenhouse gas emissions. 3. Suggesting climate change policies to be implemented by City staff. 4. Encouraging community groups to provide additional community involvement and expertise. 5. Examining best practices from other jurisdictions and recommending implementation as appropriate. 2.90.060 Rules and Regulations — Subject to the City Charter, this Chapter, and other applicable law, the Climate Action Commission shall have the right and duty to adopt such rules and regulations as it shall determine for the holding and conducting of its meetings and hearings and the selection of its officers and for the performance of any of its functions or responsibilities. The Climate Action Commission shall not have the right to employ any person or incur expenses or obligations against the City except as provided by and for which appropriations are made by the City Council pursuant to and in accordance with budgets adopted by the City Council. 2.90.070 Meetings — Subject to members' availability, regular meetings of the Climate Action Commission shall occur once a month, at Petaluma City Hall, at a date and time to be determined by the Commission from time to time in accordance with the requirements of the Ralph M. Brown Act, California Government Code section 54950 and following. Section 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 3. Referendum Period. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 4. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this day of , 2019. ADOPTED this day of , 2019 by the following vote: