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Home My WebLink About3/21/2007 - STAFF REPORTS - 3.A. FPLM S, V N � x °Rroxn6° xCA<fFOR��P^ CITY COUNCIL STAFF REPORT DATE: MARCH 21, 2007 LEGISLATIVE, SUBJECT: PROPOSED ORDINANCE ESTABLISHING AND SPECIFYING THE DUTIES AND POWERS OF A SEVEN MEMBER RESOURCE CONSERVATION COMMISSION TO: David H. Ready, City Manager BY: Office of the City Attorney SUMMARY The City Council will consider introduction of an ordinance that adds Chapter 2.28 to the Palm Springs Municipal Code to create and establish the duties and powers of an Resource Conservation Commission. RECOMMENDATION: 1. Waive the reading of the ordinance text in its entirety and read by title only. 2. Introduce on first reading Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.28 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF THE RESOURCE CONSERVATION COMMISSION." STAFF ANALYSIS: On September 9, 2006 the City Council established a City Council subcommittee of Mayor Pro Tern Pougnet and Councilmember Mills to review and provide recommendations to the City Council with respect to Energy and Natural Resource conservation. At the December 13, 2006, meeting the City Council directed staff to prepare an ordinance establishing what was generally described as an energy conservation commission within the parameters provided for by the City Council subcommittee (attached for reference). On February 21, the City Council reviewed an initial draft of an Energy Conservation Commission and requested revisions to the general duties and role of the Commission. ITEM NO. � - City Council Staff Report March 21, 2007 — Page 2 Resource Conservation Commission The City Council subcommittee has provided additional commentary and suggestions for revision of the proposed commission. The City Attorney has incorporated the suggestions in the attached revised ordinance for City Council consideration. This proposed ordinance establishes a Resource Conservation Commission with duties that are advisory to the City Council. It is anticipated that the Commission will receive staff support from the Development Services Departments. FISCAL IMPACT: IFinance Director Review: Undetermined amount of staff time and related costs providing administrative support to the Commission, to be absorbed within current allocated positions of the Development Services Departments. " Dougla� Holland, City Attorney David H. Ready, City Mana Attachments: Energy Subcommittee Report 12-13-2006 Proposed Ordinance Palm Springs Conservation Commission Background: On November 27, 2006 the Council Energy Subcommittee (Mills/Pougnet) met with staff to discuss the formation of a new City Commission organized for the purpose of evaluating and providing technical guidance to the City Council on a variety of conservation issues. Commission Structure and Role: • The proposed Conservation COMMi55ion would be comprised on 7-9 Council- appointed members serving staggered terms; • The Commission would be subject to the Brown Act and be required to post its agenda and take meeting minutes; • The Commmission could be structured to include industry representatives (e.g., SCE, The Gas Company, alternative energy service providers, vendors of energy products) or strictly limited to residents; • If the Cormmission is made up of strictly resident members, the Council Energy Subcommittee recommends that preference be given to the members representing senior citizens, the business community, and construction industry; • The proposed Mission Statement of the Commission is to "Identify and develop programs that can be implemented in the community which reduce water/energy use and waste'; • In addition to identifying and developing implementablc programs, the Connnission will focus on educating and raising community awareness on conservation issues; • Some of the programs the Connnission may be initially involved in include: • Single Stream Recycling • Solar Power Usage in City Facilities • Incentives for residents that use drought tolerant landscaping or synthetic turf as an alternative to natural lawn. • The Connnission will receive staff support from the Development Services Deparlinents. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.28 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF THE RESOURCE CONSERVATION COMMISSION City Attorney's Summary This ordinance establishes a seven member Resource Conservation Commission appointed by the City Council to review and make recommendations to the City Council on issues relating to energy and natural resources conservation. The Council of the City of Palm Springs ordains: SECTION 1. Chapter 2.28 is added to the Palm Springs Municipal Code to read: Chapter 2.28 Resource Conservation Commission Section; 2.28.010 Creation 2.28.020 Term; Vacancies; Vote 2.24.030 Officers 2.24.040 Meetings; Rules of Procedure 2,24.050 Powers and Duties of the Commission 2.28.010 Creation There is created within the City of Palm Springs the Resource Conservation Commission, consisting of seven members, appointed by the City Council, to serve at the pleasure of the City Council. 2.28,020 Term; Vacancies; Vote A. Members of the Commission shall serve for the term provided by Chapter 2.06 of the Palm Springs Municipal Code, except that in order to ensure a stagger of appointees, the initial appointments shall be for staggered terms as determined by the City Clerk B. A vacancy in the Commission shall not impair the right of the remaining members to exercise the powers of the Commission pursuant to this chapter. Four members shall constitute a quorum of the Commission, and any ruling, decision or other action of the Commission may be taken by a majority of those members present, provided a quorum is present. 2.24.030 Officers The Commission, at its organizational meeting and annually thereafter, shall elect from its membership a chair and vice-chair. The chair and vice-chair shall have and perform such duties as are commonly associated with their respective titles. The city manager may appoint an executive secretary and other staff, and provide compensation for their services as may be authorized by the City Council. 2.24.040 Meetings; Rules of Procedure The Commission shall meet at least once each month at such time and place as shall be fixed by the Commission by its standing rules. A majority of the existing appointed members of the Commission shall constitute a quorum for the transaction of business. The Commission may establish such rules and regulations as it deems necessary for the conduct of its business. In matters relating to the holding of regular and special meetings, the Commission and any standing committee of the Commission, is bound by the provisions of the Ralph M. Brown Act of the State of California (Sections 54950, et. seq., California Government Code). 2,24.050 Powers and Duties of the Commission Within the limitations provided by law, the Resource Conservation Commission, shall have the following powers and duties- (1) Establish a schedule of regular meeting times; (2) Make recommendation to the City Council regarding: (a) City policies affecting energy natural resources conservation; (b) Approaches for improving municipal and community energy efficiency; (c) Plans and programs identifying municipal and community-based energy efficiency and production projects; (d) Natural resource issues facing the City, including water conservation, air pollution, waste management, and recycling: and (e) Community education programs and project financing options- (3) Perform such other duties as the City Council may assign. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS DAY OF , 2007. AYES: NOES: ABSTAIN: ABSENT: RON ODEN, MAYOR ATTEST: James Thompson, City Clerk APPROVED AS TO FORM: Douglas Holland, City Attorney PROOF OF PUBLICATION This is space for County Clerk's riling Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; lam over the age of eighteen ------- years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, _ County of Riverside,and which newspaper has been No, 0979 CitySprings adjudged a newspaper of general circulation by the PROPOSED of DIN NCE N Superior Court of the County of Riverside,State of PRGroSEo ORDINANCE No. 1777 AN ORDINANC E OF THE CITY OF PALM California under the date of March 24,1985.Case SPRINGS, CALIFORNIA AnpING CHAPTER Number 191236;that the notices of which the 2.28 TO THE PALM SPRINGS MUNICIPAL CODE r HE q SOURCE CON3EHVATION COM- MISSION annexed is a primed copy(set in type not smaller MISSION than non pariel,has been published in each regular -city Attomay's Summary and entire issue of said newspaper and not in any This ordinance astabilshas a'sevan member Re- supplement thereof on the following dates,to wit: source Conse,varion Commission a b the City Council to review and,make appointed mon lotions to the City Council on issues relating to energy and nstumi Msources conservation, March 28°",Z0O7 I, James Thomppson, 0%y Clerk of the CIry of ........---•-^-----------........--�----- Palm Spprings, Callicrnia horeby certify that Pia posed Ordinance No.1711 was Iatrodwutd at.the regular meeting of the Clry Council on the 21si -v--------- ----.„ day of March 2OUT, qy the following vote: All in the year 2007 AYES. Gouncllmember Feat McCulloch, MIAs, Mayor Pro 7em Pcugnat,and Mayor Cden NOES, NGnu I certify(or declare)under penalty of perjury that the ABSENT: None foregoing is true and correct. JAME cfo7li Dated at Palm Springs,California this_28",----day _Published:9/28/2007- of---------- 1"-------,2007 r— Si nature Ca L_ L!. n N r / �rL