AN ORDINANCE relating to the creation of an Urban Forestry Commission to advise and make recommendations to the Mayor and City Council and establishing a new Chapter 3.72 of the Seattle Municipal Code in connection therewith. WHEREAS, it is in the public interest to protect the City's urban forest as it provides considerable benefit to the city in reducing stormwater runoff and pollution, absorbing air pollutants, providing wildlife habitat, providing shade, stabilizing soil, and providing considerable aesthetic benefits; WHEREAS, the City is undertaking efforts that promote the benefits of retaining and protecting the urban forest through the adoption of plans, policies and regulations protecting these resources including trees and vegetation; and, WHEREAS the City seeks to balance their stated goals of protecting, maintaining and enhancing the Urban Forest while supporting future growth and density as provided in the City's Comprehensive Plan and by other City actions taken in support of the Growth Management Act; and, WHEREAS, the City seeks to provide greater oversight in these efforts through the creation of a Commission that will provide advice to the City in the adoption of plans, policy and regulations, NOW THEREFORE BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. A new Chapter 3.72 is added to the Seattle Municipal Code, as follows: Chapter 3.72Urban Forestry Commission 3.72.010 Urban Forestry Commission Establishment There is hereby established an Urban Forestry Commission (The Commission) to advise the Mayor and City Council concerning the establishment of policy and regulations governing the protection, management and conservation of trees and vegetation in the City of Seattle. All references to "The Commission" in Chapter 3.72 SMC shall be deemed to be a reference to the "Urban Forestry Commission". 3.72.020 Membership A. The Commission is comprised of nine members: 1. A wildlife biologist, preferably with expertise in ornithology (Position #1); 2. An urban ecologist, preferably with expertise in the field of restoration ecology (Position #2); 3. A representative of a local, state, or federal natural resource agency or an accredited university (Position #3); 4. A hydrologist or similar professional, preferably with expertise in the study of natural drainage, climate or air quality, or a combination thereof (Position #4); 5. An arborist, with one or more of the following qualifications: a. Board Certification as a Master Arborist or Municipal Specialist from the International Society of Arboriculture; or b. Certification by the American Society of Consulting Arborists; or c. Background and experience in Tree Risk Assessment from a credentializing agency or a professional organization. (Position #5); 6. A landscape architect, with certification from the International Society of Arboriculture (Position # 6); 7. A representative of a non-profit or non-governmental organization whose mission is to advocate for preservation or enhancement of urban forests, wildlife habitat or similar natural systems (Position #7); 8. A representative of either the development community, including developers, builders, architects, or realtors, with experience in projects developed under Leadership in Energy and Environmental Design (LEED), or a representative from a non-city utility (Position #8); and, 9. An economist, financial analyst, Washington State licensed real estate broker, or any other similar professional, with expertise preferred in land use planning, environmental planning, or either residential or commercial development. (Position #9). 3.72.030 The Commission Appointment and Term All positions are numbered one through nine. Individuals shall be appointed into those numbered positions. Members in odd numbered positions from position one to position seven shall be appointed by a majority vote of the Council. Individuals in even numbered positions from position two to position eight shall be appointed by the Mayor, subject to confirmation by a majority vote of the City Council. Position nine shall be appointed by a majority vote of the eight appointed members. All nine positions shall be filled as soon as practicable after the Council has authorized the creation of the Commission. For the initial round of appointments the positions will be staggered: positions one, two and nine shall serve one-year terms, positions four, five and six shall serve two-year terms and positions three, seven, eight shall serve three-year terms. At the conclusion of the initial term of each appointment, all subsequent terms of each position shall be for three years and the term of 1/3 of the positions shall expire each year. A commission member whose term has expired shall continue to hold office until a successor has been appointed by vote of the Council. No members shall serve more than two consecutive terms. Any vacancy for an unexpired term shall be filled in the same manner as for an original appointment under this section. 3.72.040 Compensation Members serve without compensation. 3.72.050 Duties and Functions A. The responsibilities of the Urban Forestry Commission include: 1. To provide recommendations on any Urban Forestry Management Plan, or any similar document, designed to provide policy direction to the Mayor and City Council on preserving and protecting the City's urban forest habitat and its trees and understory vegetation in the City, whether on public or private property; 2. To provide recommendations concerning City plans, major or significant policy recommendations,policy and any City department's recommendations related to urban forestry, arboriculture and horticulture; 3. To provide recommendations on legislation concerning urban forestry management, sustainability and protection of associated trees and understory vegetation and related habitat on public or private property prior to its introduction and referral to any Council committee; 4. To review and comment on any proposal to inventory trees within the City of Seattle; 5. To educate the public on urban forestry issues; 6. To review programs for identifying and maintaining trees and related understory vegetation in the City which have significant historical, cultural, environmental, educational, ecological or aesthetic value and make recommendations to the Mayor and City Council; 7. To review and comment on the preliminary proposed work program submitted by the Office of Sustainability and Environment (OSE), as required under SMC 3.14.980A and any revised proposed work program, as required under SMC 3.14.980B, pertaining specifically to Urban Forestry; 8. To review and comment on any work undertaken by any City interdepartmental technical or advisory bodies related to the protection or enhancement of the Urban Forest; 9. The development of an annual report provided to the Mayor and City Council concerning the activities of The Commission; 10. Monitor implementation of City plans and policies related to the urban forest, and provide review and comment to the Mayor and City Council; and, 11. The Commission shall also have such other and further powers and duties as may be provided by ordinance. B. The Commission shall act in an advisory capacity only. 3.72.060 Ancillary powers A. The Urban Forestry Commission shall have the power to: 1. Select one member as the presiding officer of The Commission for a term of one (1) year. No person shall serve as presiding officer for more than two consecutive years; 2. Organize itself, establish committees or subcommittees, and delegate duties for the performance of its work; and 3. Adopt rules of procedure in accordance with the Administrative Code (Chapter 3.02 of the Municipal Code) to accomplish its functions; B. The Commission shall be staffed by the Office of Sustainability and Environment (OSE) as well as staffed with assistance by technical support from other appropriate City departments and offices as necessary to assist the Commission in the performance of its functions, maintenance of its records, conduct of official correspondence, arrangement for meetings and preparation of estimates of expenditures for use by the Director of the Office of Sustainability and Environment in preparation of that Department's annual budget; and C. Meetings of The Commission, the minutes of its proceedings, and its findings and recommendations shall be open to the public. Meeting notifications, agendas, minutes of proceedings, annual reports and other related materials shall be available to the public and posted on OSE website. 3.72.070 Unexcused absences The Commission may remove from office any member who is absent without excuse from three (3) consecutive Commission meetings. Removal of a member requires a majority vote of the Commission membership. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020. Passed by the City Council the ____ day of ________________________, 2009, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2009. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2009. _________________________________ Gregory J. Nickels, Mayor Filed by me this ____ day of __________________________, 2009. ____________________________________ City Clerk (Seal) Michael Jenkins Urban Forestry Commission August 3, 2009 Version #17 (clean) Form Last Revised on December 17, 2008 2 ta