DAWN MCINTOSH
City Attorney
OFFICE OF THE CITY ATTORNEY
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
(562) 570-2200
Facsimile: (562) 436-1579
August 8, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
GARY J. ANDERSON
Assistant City Attorney
Recommendation to declare Ordinance amending the Long Beach Municipal Code by amending the title of Chapter 2.38 and Section 2.38.010, all relating to the Climate Resilient and Sustainable City Commission, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide).
DISCUSSION
Pursuant to your request on June 13, 2023, this office has prepared and submits the above described Ordinance for your consideration.
SUGGESTED ACTION:
Approve recommendation.
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Respectfully submitted,
DAWN MCINTOSH, City Attorney
By
- - -J,C
ERIN WEESNER-MCKINLEY
Deputy City Attorney
ORD-38
CHAPTER 2.38 CLIMATE RESILIENT AND SUSTAINABLE CITY COMMISSION
2.38.010 Created.
There is created a Commission to be known as the Climate Resilient and Ssustainable City Commission. (ORD-07-0024 § 1 (part), 2007)
2.38.020 Purpose.
The purpose of the Commission shall be to make advisory policy recommendations to the City Council on issues relating to the environment, a sustainable City plan, efforts or programs to address environmental issues such as air quality, water quality, resource conservation relating to the protection and integrity of the natural environment, programs to increase education and awareness of the environment, to serve as a forum for community discussion of these environmental issues, and to encourage input and pa rticipation from all sectors of the community on issues of sustainability and the environment.
All recommendations of the Commission shall be submitted to the City Council in writing and shall include a summary of any citizen testimony before the Commission on each particular recommendation presented for consideration.
The Commission shall not sit as an adjudicatory body on any matter, including, but not limited to, the adequacy or certification of any environmental documents which are otherwise within th e jurisdiction of the City Council or Planning Commission and shall have no authority to compel the attendance of persons before it. Each year the Commission shall prepare a work program outlining the focus for the Commission for review and approval by the City Council.
(ORD-07-0024 § 1 (part), 2007)
2.38.030 Authority over City officers and employees.
The Commission shall neither interfere with nor impose itself on the powers and duties of the officers of the City as set forth in the City Charter, nor shall the Commission interfere with the management or operations of the City. Likewise, the Commission shall have no authority over employees of the City, and the provisions of Section 208 of the City Charter shall be applicable.
(ORD-07-0024 § 1 (part), 2007)
2.38.040 Members.
A. The Commission shall be comprised of eleven (11) members. There shall be one (1) commission member representing each of the nine (9) councilmanic districts and two (2) members appointed at -large.
B. All members shall be appointed by the Mayor subject to confirmation by the City Council. Each member of the City Council shall nominate a maximum of three (3) individuals to the Mayor to represent each respective Council district.
C. Members of the Commission shall have a demonstrated concern for, and the desire to improve, the status of natural resources and living environment of the City, and may have professional or scholarly expertise in the environmental field, geology, hydrology, land use planning, ecology, or special exper tise and demonstrated capabilities in fields relating to the social, economic or environmental aspects of life in the City.
D. Whenever a member desires to resign from the Commission, he or she shall inform the Chairperson in writing. Any member of the Commission may be removed by the Mayor with the consent and approval of the City Council. If a member is absent without the consent of the Commission from three (3) consecutive meetings, whether regular or special, such absence shall cause the member's retir ement from the Commission. In the event a vacancy is created, it shall immediately be filled by the same method by which the member was appointed.
(ORD-07-0024 § 1 (part), 2007)
2.38.050 Term of office.
A. The term of office for members of the Commission shall be four (4) years. No member shall serve for more than two (2) consecutive terms.
B. Notwithstanding the provisions of Subsection A of this Section, five (5) members first appointed to the Commission, including the two (2) at-large members and three (3) other members as determined by lottery, shall serve for an initial two (2) year term. Members serving an initial two (2) year term shall be eligible for re-appointment to one (1) additional four (4) year term. (ORD-07-0024 § 1 (part), 2007)
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2.38.060 Applicability of Chapter 2.18 of the Long Beach Municipal Code.
Except as provided in this Chapter, the Commission shall operate and conduct its business in accordance with the provisions of Chapter 2.18 of this Code entitled "Advisory Boards, Commissions and Committees." (ORD-07-0024 § 1 (part), 2007)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING THE TITLE OF
CHAPTER 2.38 AND SECTION 2.38.010, ALL RELATING
TO THE CLIMATE RESILIENT AND SUSTAINABLE CITY
COMMISSION
WHEREAS, the City Council adopted the Long Beach Climate Action Plan (“LB CAP”) in August 2022, which includes climate action goals aimed at reducing greenhouse gas emissions, and climate change adaptation goals that focus on the negative impact climate change has on infrastructure, services, and the well-being of the community; and
WHEREAS, funding was then identified in the Fiscal Year 2023 budget to establish the Office of Climate Action and Sustainability; and WHEREAS, the Sustainable City Commission (“Commission”) is supported by staff from the Office of Climate Action and Sustainability; and WHEREAS, on April 27, 2023, the Commission unanimously voted to approve a recommendation to the City Council to change the Commission’s name to the Climate Resilient and Sustainable City Commission;
WHEREAS, the proposed Commission name change more closely aligns with the City’s strong focus and vision of the LB CAP to create a more sustainable, resilient, and equitable City by addressing climate change on a way that remedies existing environmental health disparities while also improving health, quality of life, and economic vitality throughout Long Beach; and
WHEREAS, on June 13, 2023, the City Council voted to amend Long Beach Municipal Code Chapter 2.38 to change the Sustainable City Commission’s name to the 2 EWM:ag A23-01455 (07-07-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Climate Resilient and Sustainable City Commission and requested the City Attorney to prepare an ordinance amending Chapter 2.38 of the Lang Beach Municipal Code to: (1) revise the title of the Sustainable City Commission to the Climate Resilient and Sustainable City Commission.
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. The Title of Chapter 2.38 of the Long Beach Municipal Code is amended to read as follows:
Chapter 2.38 Climate Resilient and Sustainable City Commission Section 2. Section 2.38.010 of the Long Beach Municipal Code is amended to read as follows:
2.38.010 Created.
There is created a Commission to be known as the Climate Resilient and Sustainable City Commission.
Section 3. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of ________________________, 2023, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
Approved:
(Date) Mayor