HomeMy WebLinkAboutTransmittal - 5/6/2025MEMORANDUM TO CITY COUNCIL
To: Salt Lake City Council - Chris Wharton, Chair
Date: May 2, 2025
Date Received by City Council Office _____________
From: Mark Kitrell, City Attorney _______
Sara Montoya, Senior City Attorney _______
Subject: Administrative Organization Ordinance amendments—City Code Section
2.08.120 (Department of Sustainability)
Document Type: Ordinance
Recommendation: Adopt amendments to City Code Section 2.08.120
BACKGROUND/DISCUSSION:
On March 21, 2024, the City Attorney’s Office provided a memorandum and a draft ordinance (“2024
Draft Ordinance”) with proposed amendments to Title 2 related to the Sustainability Department for the
consideration of the City Council. The 2024 Draft Ordinance was discussed in a work session meeting on
May 30, 2024, with the City Council providing feedback to the Sustainability Department and asking for
certain revisions or clarifications in the draft ordinance for further review. This memorandum and
accompanying updated draft ordinance are intended to respond to that feedback and incorporate the
requested revisions.
Title 2 is the section of City Code that establishes the City departments and their respective roles in City
government. The City Attorney’s Office has identified some departments’ roles in Title 2 which are not
specific and do not clearly identify the specific core City functions these departments serve. As part of its
service to both branches of government, the City Attorney’s Office is drafting changes to Title 2 for these
identified departments. The goal of these revisions is to establish a shared understanding of the role and
functions of each department in the City, so that the Administration can create programs and budget
proposals tied to those roles, and the Council can review these programs and budget proposals under that
shared framework and understanding.
Section 2.08.120 currently describes the functions of the department of sustainability as follows: “[t]he
department of sustainability shall have charge of and be responsible for sustainability. The department
will also be responsible for the collection and disposal of all solid waste generated within the city as
provided for in city ordinance.” The City Attorney’s Office has reviewed and proposed changes to
Sustainability’s roles and functions under Title 2.
The proposed ordinance amendments accomplish the following:
• Comprehensively describes the functions of the Department of Sustainability.
• Defines the Department’s role in the City as developing and coordinating policies and programs
across City operations and throughout the community.
• Prescribes a list of Department focus areas to guide the Department’s policies and programs.
• Specifies that the Department will aim to achieve the greatest local impact in its policies and
programs.
• Charges the Department with providing waste and recycling services for the City.
• Tasks the Department with developing strategies and resources to conduct public outreach
activities related to focus areas.
After receiving comments and questions from the City Council during the May 30, 2024 work session
briefing, the City Attorney’s Office proposed additional revisions, which include an updated legislative
draft, a clean version of the updated proposed ordinance, and a draft ordinance that includes marked-up
changes from the 2024 Draft Ordinance. Further narrative responses to these questions are set forth herein
to aid the City Council’s consideration:
• Comments from City Council: Add that this is not a delegation of policymaking authority to the
Department; rather, the ordinance is itself an exercise of the Council’s policymaking authority
and establishes Department functions/authority which the Department (under its administrative
authority) will execute upon to effectuate those policies.
o Response: Added language to the recitals to address this.
• Comments from City Council: State that core functions could be shared across multiple
departments, then for the focus areas be more specific to the department.
o Response: The functions identified are largely department-specific (i.e. function #2,
waste management), but the focus areas certainly overlap with other city departments’
roles. Added language to the recitals to clarify that the focus areas of the department
reflect City-wide priorities that are also promoted by other departments.
• Comments from City Council: Add to the ordinance a request that when a department
recommends an annual budget to the Council, it will report on how the focus areas are prioritized
for the fiscal year.
o Response: This language was not added, as codifying the language would be overly
prescriptive and creep into legislating administrative procedures. Furthermore, the
Council already has authority to request any reports from departments per 2.04.040. From
a practical perspective, the department’s “programs” in their program-based budget
proposal are derived from the focus areas and thus the requested funding for each
program would reflect the administration’s prioritization of those areas.
• Comments from City Council: Add water quality, water conservation, and air quality to be more
specific than “protect natural resources”
o Response: Sustainability is not the lead department for water quality protection and water
conservation (that would be Public Utilities), though Sustainability does take the lead on
environmental compliance, renewable energy, and waste reduction/reuse/recycling,
which all result in greater protection to the area’s air, land, and water. To avoid
confusion, we have removed “natural resources” and replaced it with “the air, land, and
water.”
• Comments from City Council: Need more specificity on what resiliency means for
Sustainability, for example they would not be responsible for economic resiliency but would be
the lead for electrical grid resiliency.
o Response: The language was changed from “resiliency” to “climate resiliency.”’
• Comments from City Council: Does environmental justice and equity need to be adjusted or
removed for compliance with HB261 of 2024? Sustainability was using the same definition as the
EPA at the time.
o Response: HB 261 has a carveout for federal compliance, which is where the
department’s role for environmental justice work arose, so it is not strictly in violation of
HB 261 to include in the ordinance. If a particular program is NOT federally funded, it is
a fact-specific inquiry whether that would violate HB 261. Nevertheless, the language
was removed, but additional language captures the intent of this focus area by revising
the following statement: “Developing policies and programs will be aimed at achieving
the greatest local impact, including for communities that are disproportionately impacted
by adverse environmental conditions…”
• Comments from City Council: Specify that the City's role is helping fix local food systems but
not being a provider of food such as a grocer or food broker.
o Response: The department is clear about the Council’s desire not to be a food provider,
and instead intends this focus area to mean “supporting” or “strengthening” the local food
system.
• Comments from City Council: Section 4: This core function might better belong in the
overarching policy guidance for all departments.
o Response: Agreed; it was deleted.
• Finally, while not a Council point of feedback, we have revised slightly by pulling out a
“Purpose” section (Section A) and a “Functions” section (Section B). This is to provide greater
clarity.
These proposed amendments to City ordinance aim to provide policy direction, clarity of purpose, and a
prescriptive list of functions to the Department of Sustainability to ensure it operates with focused intent
and maximum local impact.
ATTACHMENTS:
A. UPDATED Proposed Ordinance Amending City Code Section 2.08.120
B. UPDATED Legislative Draft Ordinance Amending City Code Section 2.08.120
C. Draft Ordinance Amending City Code Section 2.08.120, including marked-up changes from 2024
Draft Ordinance
D. 2024 Draft Ordinance Amending City Code Section 2.08.120
ATTACHMENT A: UPDATED ORDINANCE
ATTACHMENT B: UPDATED LEGISLATIVE DRAFT ORDINANCE
ATTACHMENT C: DRAFT ORDINANCE MARKED-UP AGAINST 2024
DRAFT ORDINANCE
ATTACHMENT D: 2024 DRAFT ORDINANCE
LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. _____ of 2025 2
(An ordinance amending Section 2.08.120 of the Salt Lake City Code 3
Pertaining to the Department of Sustainability) 4
An ordinance amending Section 2.08.120 of the Salt Lake City Code pertaining to the functions 5
of the department of sustainability. 6
WHEREAS, Chapter 2.08 “Administrative Organization” sets out the city’s administrative 7
organization by describing each operating department and its associated duties, functions, and 8
responsibilities; and 9
WHEREAS, Section 2.08.120 “Department of Sustainability” describes the specific functions 10
assigned to the department; 11
WHEREAS, the Salt Lake City Council finds that updates to the current ordinance are 12
necessary to clarify, provide policy priorities, and further describe the duties, functions, and 13
responsibilities of the department of sustainability; and 14
WHEREAS, upon codification of the proposed updates to the current ordinance, the 15
department of sustainability is directed to execute upon the policy priorities expressed by the Salt Lake 16
City Council; and 17
WHEREAS, the proposed updates to the current ordinance identify several focus areas of the 18
department of sustainability, which reflect Citywide priorities that are also promoted through the 19
functions and responsibilities of other City departments in tandem with Sustainability; and 20
21
LEGISLATIVE DRAFT
WHEREAS, upon consideration of the proposed role of the department of sustainability, 22
the Salt Lake City Council assigns certain functions for the purpose of attaining the greatest local 23
impact in matters of sustainability. 24
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 25
SECTION 1. Amending Section 2.08.120. Section 2.08.120 of the Salt Lake City Code 26
shall be, and hereby is, amended to read as follows: 27
A. Purpose. Developing and coordinating policies and programs across city departments and 28
throughout the community that will protect the air, land, and water, reduce pollution, slow 29
climate change, and establish a path toward greater climate resiliency for city operations 30
and the community. 31
A. B. Functions: The department of sustainability shall have charge of and be responsible 32
for: sustainability. The department will also be responsible for the collection and disposal 33
of all solid waste generated within the city as provided for in city ordinance. 34
1. Developing policies and programs aimed at achieving the greatest local impact, 35
including for communities that are disproportionately impacted by adverse 36
environmental conditions, and intended to address the following focus areas: 37
a. Environmental compliance of city operations 38
b. Climate change mitigation and adaptation 39
c. Air quality 40
d. Energy efficiency 41
e. Renewable energy 42
f. Local food systems support 43
g. Greenhouse gas emissions reduction 44
LEGISLATIVE DRAFT
h. Waste reduction, reuse, and recycling. 45
2. Providing waste and recycling services in accordance with Chapter 9.08 of this 46
code. 47
3. Developing strategies and resources to equitably engage and educate the public on 48
department focus areas. 49
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first 50
publication. 51
Passed by the City Council of Salt Lake City, Utah this __ day of ____________, 2025. 52
53
54
CHAIRPERSON 55
ATTEST: 56
______________________________ 57
CITY RECORDER 58
59
Transmitted to Mayor on . 60
Mayor’s Action: _______Approved. _______Vetoed. 61
62
63
64
MAYOR 65
______________________________ 66
CITY RECORDER 67
LEGISLATIVE DRAFT
(SEAL) 68
69
Bill No. ________ of 2025. 70
Published: ______________. 71
SALT LAKE CITY ORDINANCE
No. _____ of 2025
(An ordinance amending Section 2.08.120 of the Salt Lake City Code
Pertaining to the Department of Sustainability)
An ordinance amending Section 2.08.120 of the Salt Lake City Code pertaining to the functions
of the department of sustainability.
WHEREAS, Chapter 2.08 “Administrative Organization” sets out the Salt Lake City
Corporation’s (“City’s”) administrative organization by describing each operating department and its
associated duties, functions, and responsibilities; and
WHEREAS, Section 2.08.120 “Department of Sustainability” describes the specific functions
assigned to the department;
WHEREAS, the Salt Lake City Council finds that updates to the current ordinance are
necessary to clarify, provide policy priorities, and further describe the duties, functions, and
WHEREAS, upon codification of the proposed updates to the current ordinance, the
department of sustainability is directed to execute upon the policy priorities expressed by the Salt Lake
City Council; and
WHEREAS, the proposed updates to the current ordinance identify several focus areas of the
department of sustainability, which reflect Citywide priorities that are also promoted through the
functions and responsibilities of other City departments in tandem with Sustainability; and
WHEREAS, upon consideration of the proposed role of the department of sustainability, the
Salt Lake City Council assigns certain functions for the purpose of attaining the greatest local impact
in matters of sustainability.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending Section 2.08.120. Section 2.08.120 of the Salt Lake City Code
shall be, and hereby is, amended to read as follows:
A. Purpose: Developing and coordinating policies and programs across city departments
and throughout the community that will protect the air, land, and water, resources,
reduce pollution, slow climate change, and establish a path toward greater climate
resiliency for city operations and the community.
B. Functions: The department of sustainability shall have charge of and be responsible
for:
1. Developing policies and programs aimed at achieving the greatest local impact,
including for communities that are disproportionately impacted by adverse
environmental conditions, and intended to address the following focus areas:
a. Environmental compliance of city operations
b. Climate change mitigation and adaptation
c. Air quality
d. Energy efficiency
e. Renewable energy
f. Local food system support
g. Greenhouse gas emissions reduction
h. Waste reduction, reuse, and recycling.
2. Providing waste and recycling services in accordance with Chapter 9.08 of this
code.
3. Developing strategies and resources to equitably engage and educate the public on
department focus areas.
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah this __ day of ____________, 2025.
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: _______Approved. _______Vetoed.
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2025.
Published: ______________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:
Sara Montoya, Senior City Attorney
SALT LAKE CITY ORDINANCE
No. _____ of 20254
(An ordinance amending Section 2.08.120 of the Salt Lake City Code
Pertaining to the Department of Sustainability)
An ordinance amending Section 2.08.120 of the Salt Lake City Code pertaining to the functions
of the department of sustainability.
WHEREAS, Chapter 2.08 “Administrative Organization” sets out the Salt Lake City
Corporation’s (“City’s”) administrative organization by describing each operating department and its
associated duties, functions, and responsibilities; and
WHEREAS, Section 2.08.120 “Department of Sustainability” describes the specific functions
assigned to the department;
WHEREAS, the Salt Lake City Council finds that updates to the current ordinance are
necessary to clarify, provide policy priorities, and further describe the duties, functions, and
responsibilities of the department of sustainability; and
WHEREAS, upon codification of the proposed updates to the current ordinance, the
department of sustainability is directed to execute upon the policy priorities expressed by the Salt Lake
City Council; and
WHEREAS, the proposed updates to the current ordinance identify several focus areas of the
department of sustainability, which reflect Citywide priorities that are also promoted through the
functions and responsibilities of other City departments in tandem with Sustainability; and
WHEREAS, upon consideration of the proposed role of the department of sustainability,
the Salt Lake City Council assigns certain functions for the purpose of attaining the greatest local
impact in matters of sustainability.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending Section 2.08.120. Section 2.08.120 of the Salt Lake City Code
shall be, and hereby is, amended to read as follows:
A. Purpose: Developing and coordinating policies and programs across city departments
and throughout the community that will protect the air, land, and water, reduce
pollution, slow climate change, and establish a path toward greater climate resiliency
for city operations and the community.
A.B. Functions: The department of sustainability shall have charge of and be
responsible for:
1. Developing and coordinating policies and programs across city departments and
throughout the community that will protect natural resources, reduce pollution,
slow climate change, and establish a path toward greater resiliency for city
operations and the community. PDeveloping policies and programs will be aimed
at achieving the greatest local impact, including for communities that are
disproportionately impacted by adverse environmental conditions, and shall
intended to address the following focus areas:
a. Environmental compliance of city operations
b. Climate change mitigation and adaptation
c. Air quality
d. Energy efficiency
e. Renewable energy
f. Environmental justice and equity, lLocal food system supports
g. Greenhouse gas emissions reduction
h. Waste reduction, reuse, and recycling.
2. Providing waste and recycling services in accordance with Chapter 9.08 of this
code.
3. Developing strategies and resources to equitably engage and educate the public on
department focus areas.
4. Prioritizing use of limited city resources by recognizing the following order of
precedence in managing new and existing department programs:
a. City-specific programs or programs tailored to make a city-specific impact
or address a city-specific concern;
b. Partnership or supplementary programs designed to fill in gaps between
other community or governmental initiatives;
c. Programs that leverage financial or programmatic resources of other
community or governmental organizations; and
d. Programs that position the city as a community leader to effectuate change
in department focus areas and stimulate greater community impact.
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah this __ day of ____________, 20254.
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: _______Approved. _______Vetoed.
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 20254.
Published: ______________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:
Sara Montoya, Senior City Attorney
SALT LAKE CITY ORDINANCE
No. _____ of 2024
(An ordinance amending Section 2.08.120 of the Salt Lake City Code
Pertaining to the Department of Sustainability)
An ordinance amending Section 2.08.120 of the Salt Lake City Code pertaining to the functions
of the department of sustainability.
WHEREAS, Chapter 2.08 “Administrative Organization” sets out the city’s administrative
organization by describing each operating department and its associated duties, functions, and
responsibilities; and
WHEREAS, Section 2.08.120 “Department of Sustainability” describes the specific functions
assigned to the department;
WHEREAS, the Salt Lake City Council finds that updates to the current ordinance are
necessary to clarify, provide policy priorities, and further describe the duties, functions, and
responsibilities of the department of sustainability; and
WHEREAS, upon consideration of the desired role of the department of sustainability, the
Salt Lake City Council assigns certain functions for the purpose of attaining the greatest local
impact in matters of sustainability.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending Section 2.08.120. Section 2.08.120 of the Salt Lake City Code
shall be, and hereby is, amended to read as follows:
A. Functions: The department of sustainability shall have charge of and be responsible
for:
1. Developing and coordinating policies and programs across city departments and
throughout the community that will protect natural resources, reduce pollution,
slow climate change, and establish a path toward greater resiliency for city
operations and the community. Policies and programs will be aimed at achieving
the greatest local impact, and shall address the following focus areas:
a. Environmental compliance of city operations
b. Climate change mitigation and adaptation
c. Air quality
d. Energy efficiency
e. Renewable energy
f. Environmental justice and equity, local food systems
g. Greenhouse gas emissions reduction
h. Waste reduction, reuse, and recycling.
2. Providing waste and recycling services in accordance with Chapter 9.08 of this
code.
3. Developing strategies and resources to equitably engage and educate the public on
department focus areas.
4. Prioritizing use of limited city resources by recognizing the following order of
precedence in managing new and existing department programs:
a. City-specific programs or programs tailored to make a city-specific impact
or address a city-specific concern;
b. Partnership or supplementary programs designed to fill in gaps between
other community or governmental initiatives;
c. Programs that leverage financial or programmatic resources of other
community or governmental organizations; and
d. Programs that position the city as a community leader to effectuate change
in department focus areas and stimulate greater community impact.
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah this __ day of ____________, 2024.
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: _______Approved. _______Vetoed.
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2024.
Published: ______________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:
Sara Montoya, Senior City Attorney
March 21, 2024