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HomeMy WebLinkAboutItem 8: Ordinance Creating Sustainability Commission ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: 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 Meeting Date: February 20, 2007 Agenda Item Number: 8 Department: City Manager’s Office Staff Contact: Mary Walston www.eugene-or.gov Contact Telephone Number: 682-5406 ISSUE STATEMENT This is a public hearing 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. A work session on the proposed ordinance was held on January 24, 2007. At the work session, several revisions were made to the draft. These included a revision to the language in Section 2.380 (1) and a revision to the composition of the commission itself. Both of these revisions are included the attached proposed ordinance. The first revision, that to Section 2.380 (1), replaced the language in (b) to that suggested by the Mayor. The new language for that section is shown below in italics. 2.380 Sustainability Commission. (1) Created. A sustainability commission is hereby created to act as a 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) publicly committing the city of Eugene to L:\CMO\2007 Council Agendas\M070220\S0702208.doc sustainable practices and to businesses that produce sustainable products and services, c) city building design and infrastructure, and d) related issues that directly affect sustainability efforts considered by the city council. The second revision changed the number of commission from 12 to 13 by adding a member of the city council to the commission. It is worth noting here, that the insertion of the language as directed by the City Council in Section 2.380 (1) (b) makes the sentence slightly unreadable. Staff is recommending a revision to make the sentence more readable. This is listed below. 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 for this public hearing. They are: 1. Receive testimony from the public and set action for the ordinance at an upcoming meeting. 2. Receive testimony from the public and direct revisions if needed and set action date. 3. Receive testimony from the public and with unanimous consent take action after the public hearing. CITY MANAGER’S RECOMMENDATION This is a public hearing; no action is scheduled at this time. The City Manager, however, recommends that the language in 2.380 (1) (b) be revised to make the section more readable. SUGGESTED MOTIONS Move to amend the proposed ordinance by revising Section 2.380 (1) (b) to read: “b) businesses that produce sustainable products and services.” 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\M070220\S0702208.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 1 Councilor Appointment Process 1 Citizen appointed by each Councilor 4 Citizens appointed by full Council 1 Councilor appointed by Mayor Term 4 years citizen members Councilor during term of office 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 to act as a policy advisory body to the council and city manager in the development or initiation of programs or actions that will enhance, Ordinance - 1 develop and create sustainable practices within the community. The commission shall advise on policy matters related to a) sustainable practices, b) publicly committing the city of Eugene to sustainable practices and to businesses that produce sustainable products and services, 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 citizen members and one city councilor. 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, four members shall be appointed by vote of the full council, and the mayor shall appoint the councilor member. The councilor member shall serve during his or her term of office, and citizen 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 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, operating agreements, and may make and alter rules Ordinance - 2 for its conduct and procedure, providing they are consistent with state law and applicable provisions of the city charter, ordinances and policies. 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 committee of the commission may be created unless the purpose, scope and tenure of the committee is included in the annual work plan and is approved in advance by the city council. (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 them 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