HomeMy WebLinkAboutStaff Report 3.L 08/05/2019DATE:
TO:
FROM:
SUBJECT
Agenda Item #31
August 5, 2019
Honorable Mayor and Members of the City Council
Peggy Flynn, City Manager
Eric Danly, City Attorney
Adoption (Second Reading) of an Ordinance Establishing a Climate Action
Commission
RECOMMENDATION
It is recommended that the City Council Adopt (Second Reading) an Ordinance Establishing a
Climate Action Committee.
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. At
the July 15, 2019 City Council meeting, the City Council reviewed the enabling legislation to
create this commission and passed it unanimously.
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. After discussing the issues at the
July 15th City Council meeting, the City Council adjusted the proposed ordinance to allow for
members of other City of Petaluma committees and commissions to apply to be part of the newly
formed commission, but not to require it. Council also adjusted the residency requirement for
being a member of the Climate Action Committee and the meeting frequency. Changes are
illustrated in the redline version at Attachment 2.
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 CLEAN
2. Ordinance Establishing a Climate Action Commission REDLINE
2
ORDINANCE NO. N.C.S.
ADOPTION (SECOND READING) OF 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 38,333
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
Terms of Office
2.90.040
Vacancies
2.90.050
Duties
2.90.060
Rules and Regulations
0
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.
Members of other city commissions or committees are welcome to apply
and be 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; except that, two Commission
members may reside outside of the City limits but must have had Petaluma
mailing addresses for not less than one year prior to appointment and must
maintain Petaluma mailing addresses while they serve on the Commission.
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 at least 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:
I
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 38,333
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
7
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
Terms 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.
Thfee mMembers of other city commissions or committees are welcome
to apply and be the Coir niszian may be w'e ber-s of the Planning
Commission,Adisor-y 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, except that, tTwo
Commission members may reside outside of the City limits but must have
had Petaluma mailing addresses for not less than one vear prior to
appointment and must maintain Petaluma mailing addresses while thev
serve on the Commission.
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:
7
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 at least once a month, at Petaluma
City Hall, at a date and time to be detennined 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.
10
INTRODUCED and ordered posted/published this day of , 2019.
ADOPTED this day of , 2019 by the following vote:
11