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HomeMy WebLinkAboutItem A: Ordinance to Create Sustainability Commission ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Ordinance to Create Sustainability Commission Meeting Date: January 24, 2007 Agenda Item Number: A Department: City Manager’s Office Staff Contact: Mary Walston www.eugene-or.gov Contact Telephone Number: 682-5406 ISSUE STATEMENT This is a work session to discuss and provide further direction on a proposed ordinance to create a sustainability commission which will be a standing advisory body to the City Council. Standing advisory bodies such as the Human Rights Commission and the Police Commission are created in the Eugene Code; thus an ordinance is required to codify the creation of the body. BACKGROUND On October 23, 2006, the City Council accepted the report of the Sustainable Business Initiative (SBI). The report listed 11 recommendations for the for the City organization. Of these 11, three were cited as essential in laying the groundwork to attain the vision of the task force members. These three were: 1) a public commitment to sustainability and the promotion of sustainable practices; 2) the creation of a position in the City organization to promote sustainability; and 3) the creation of a standing advisory committee on sustainability matters. On November 13, 2006, the City Council adopted Resolution No. 4893 “publicly committing the City of Eugene to sustainable practices and to businesses that produce sustainable products and services.” The position of sustainability manager has been developed and will be included as a proposal in the upcoming FY08 City Manager’s budget. In addition, a recruitment process is in the final stages to hire a person to serve as the sustainability manager. The creation of a sustainability commission is the next step to implement the major recommendations of the SBI report. After soliciting feedback and comments from the City Council, the ordinance will be set for a public hearing and, subsequent to the public hearing, action on the ordinance will be scheduled. It is hoped that recruitment for the new commission can begin in the spring of 2007. RELATED CITY POLICIES There are several City policies and sections of the Eugene Code which specifically address the creation and functioning of advisory bodies to the City Council. Sections of Chapter 2 outline requirements for the various types of advisory bodies. The creation of the commission to address sustainability issues follows the policies, procedures and practices contained therein. COUNCIL OPTIONS There are several options for the council to consider when reviewing this proposed ordinance. They are: 1. Accept the ordinance as drafted and move the proposed ordinance to public hearing. L:\CMO\2007 Council Agendas\M070124\S070124A.doc 2. Discuss the proposed ordinance, make amendments to the language, and hold a second work session to discuss the amended ordinance before setting the public hearing. 3. Review the proposed ordinance, suggest amendments, but delay setting a public hearing until the sustainability manager is hired. 4. Other ideas for action as suggested during the discussion of the ordinance. CITY MANAGER’S RECOMMENDATION The City Manager recommends Option 3, that is that the ordinance be reviewed in the context of the work session, be amended, and the public hearing on the ordinance be delayed until the position of sustainability manager is filled. It is recommended that number of commission members be reduced from 12 to seven or nine. Group dynamics and interactions have been shown to be optimal when the group is of a smaller size; for example the new Citizen Review Board is set to be five or seven members. It is also recommended that there be an odd number of members in order to reduce the possibility of tie votes. Further, it is recommended that the appointment method be revised. The same process used to appoint members to the Police Commission, that is, nomination by the Mayor to the City Council and appointment by the City Council, is recommended for the new sustainability commission. It is worth noting here that the number of commission members and the selection method proposed for the ordinance are based on the comments of the members of the council in the discussion of the SBI report and subsequent acceptance of the report. There was not a substantial debate or discussion on either of these discrete points within the context of that meeting. SUGGESTED MOTIONS Move to amend the proposed ordinance by revising the number of members from 12 to nine and subsequent and/or related language that addresses the initial terms of members. Move to amend the proposed ordinance by revising the appointment method to “Mayor nominates and City Council appoints” and subsequent and/or related language that address this matter. Move to set another work session on the proposed ordinance after the position of sustainability manager has been hired. ATTACHMENTS A. Proposed Ordinance FOR MORE INFORMATION Staff Contact: Mary Walston Telephone: 682-5406 Staff E-Mail: mary.f.walston@ci.eugene.or.us L:\CMO\2007 Council Agendas\M070124\S070124A.doc ATTACHMENT A ORDINANCE NO. __________ AN ORDINANCE CREATING A SUSTAINABILITY COMMISSION; AMENDING SECTION 2.013 OF THE EUGENE CODE, 1971; AND ADDING A NEW SECTION 2.380 TO THAT CODE. THE CITYOF EUGENE DOES ORDAIN A FOLLOWS: Section 1. Subsection (1) of Section 2.013 of the Eugene Code, 1971, is amended by adding the following entry for the Sustainability Commission in alphabetical order therein: 2.013 City Council - Boards, Commissions and Committees. (1) Except for boards, commissions or committees established pursuant to ordinance, state statute, or intergovernmental agreement, the following are the presently constituted boards, commissions and committees of the city with the number of members and names of the appointive authority indicated thereafter, together with the term and the authority for such board, commission or committee: Sustainability Commission No. of Members 12 Citizens Appointment Process 1 Citizen appointed by each Councilor 4 Citizens appointed by full Council Term 4 years Authority EC 2.013 and EC 2.380 Section 2. A new Section 2.380 is added to the Eugene Code, 1971, to provide: 2.380 Sustainability Commission. (1) Created. A sustainability commission is hereby created as a city council standing committee to act as policy advisory body to the council and city manager in the development or initiation of programs or actions that will enhance, develop and create sustainable practices within the community. The commission shall advise on policy matters related to a) sustainable practices, b) Ordinance - 1 L:\CMO\2007 Council Agendas\M070124\S070124ATTASusCommOrdx2.DOC practices to grow and create sustainable business and jobs in the city, c) city building design and infrastructure, and d) related issues that directly affect sustainability efforts considered by the city council. (2) Membership. The commission shall consist of 12 members. Members to be selected are to represent a diverse range of interests and experiences with due regard to the geographic distribution of the membership. The members of the commission shall be selected from, but are not limited to, several but not necessarily all of the following groups: youths, students of the University of Oregon and Lane Community College, persons with a demonstrated interest in sustainable business practices, building and design, energy conservation or alternative energy sources, economic development, educators, members of community or neighborhood groups, persons with a diversity of ethnic and cultural affiliations, and persons with diverse economic backgrounds and interests. (3) Appointment and Term of Office. Each councilor shall appoint a single member to the commission, and four members shall be appointed by vote of the full council. The members shall serve for four-year terms, except for the first appointees, who shall serve for the following terms: four members shall serve initially for four-year terms (appointed by councilors for wards 1 through 4); four members shall serve initially for three-year terms (appointed by councilors for wards 5 through 8); and four members shall serve initially for two-year terms (appointed by full council). All members shall be limited to two consecutive two consecutive terms. A vacancy shall be filled in the same manner as the original appointment, and the appointee shall hold office for the remainder of the unexpired term. A member who is absent from three consecutively scheduled meetings without having been excused by the chair of the commission may be removed by the council and the vacancy filled. (4) Officers, Meetings and Rules of Procedure. The officers of the commission shall be a chair and vice-chair, elected by majority vote of the commission. The chair shall preside at meetings of the commission and shall have the right to vote. The vice-chair shall, in case of absence or disability of the chair, perform the duties of the chair. Officers shall serve for terms of one year or until their successors are regularly elected and take office. The commission shall hold meetings at such times as it deems necessary, and shall also meet upon the call of the chair. The commission shall meet not less than four times each calendar year. The commission shall adopt by-laws and operating agreements. Seven members of the commission shall constitute a quorum. The concurring vote of a majority of members present shall be required for approval or disapproval of any motion or other action of the commission. All meetings shall be open to the public. No formally constituted subcommittee of the commission may be created unless the Ordinance - 2 L:\CMO\2007 Council Agendas\M070124\S070124ATTASusCommOrdx2.DOC purpose, scope and tenure of the subcommittee is included in the annual work plan and is approved in advance by the city council. The commission may make and alter rules for its conduct and procedure, providing they are consistent with state law and applicable provisions of the city charter, ordinances and policies. (5) Powers and Duties. The commission shall: (a) Make recommendations to the council and city manager for programs or actions designed to implement the recommendations contained in the Sustainable Business Initiative Task Force Report as accepted by the city council on October 23, 2006; (b) Create and present an annual work plan to the city council; (c) Meet annually with the city council to secure approval of the work plan; (d) Provide a forum for addressing public concerns related to sustainable policies and practices; (e) Work on sustainability-related projects as directed by the council and city manager; (f) Provide input on sustainability policies and practices that reflect community values; and (g) Assist the city council and city manager in balancing community priorities and resources by advising it on sustainability issues. Section 3. The City Recorder, at the request of, or with the concurrence of the city attorney, is authorized to correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this ____ day of ____________, 2007 ____ day of _____________, 2007 ___________________________ ___________________________ City Recorder Mayor Ordinance - 3 L:\CMO\2007 Council Agendas\M070124\S070124ATTASusCommOrdx2.DOC