HomeMy WebLinkAboutRESO 9408Resolution No. 9408
Resolution of the Council of the City of Palo Alto Prohibiting
Disclosure of Certain Confidential and Proprietary City and Utilities-Related
Information and Data
RECITALS
A. The City is the only municipally-owned utility in California that operates its own
utilities including electric, fiber optic, natural gas, water and wastewater service.
B. The City also provides other important public services, including administration
and operation of the Regional Water Quality Control Plant, and construction and maintenance
of public facilities, streets, sidewalks and storm drains.
C. The City, in providing vital utility and other important City services, has the need
to acquire, compile and maintain confidential and proprietary information in various electronic
and paper formats, which include, but are not limited to the following types of information
{collectively, the "Confidential Information"):
1. Location of Utility Poles
2. Location of Streetlights
3. Detail of Utility Pole Wiring
4. Underground Utility Routes
5. Location of Sewer Manholes
6. Location of Water Manholes
7. Location of Utility Manholes
8. Location of existing spare conduit for lease
9. Location of existing dark fiber for lease
10. Infrastructure Maintenance Plans
11. Utility Customer Data
12. Listings and locations of certain City-owned property
D. The City has received requests from the public for Confidential Information.
E. The California Public Records Act {Cal. Govt. Code§ 6250, et seq.) declares that
access to information concerning the conduct ofthe people's business is a fundamental and
necessary right of every person in the state.
F. Notwithstanding the intent of the California Public Records Act, the Act also
exempts numerous types of information from public disclosure, including utility customer data
{Cal. Govt. Code§ 6254.16} and any information where, based on the particular facts of the
case, the public interest served by not disclosing the record clearly outweighs the public
interest served by disclosure of the record {Cal. Govt. Code§ 6255).
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G. Disclosure of certain specific Confidential Information related to utilities could
create a risk of harm to utility facilities, City employees and the public, without providing
significant additional insight into the operations of the City, and therefore should be avoided.
H. Certain Confidential Information is of a commercial sensitive nature, which, if
revealed, could place the City at an unfair disadvantage.
I. Such Confidential Information is not general public knowledge and is proprietary
and/or confidential.
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Disclosure of Confidential Information is not required by law, and
disclosure of such Confidential Information retained by the City is prohibited.
SECTION 2. Disclosure of Confidential Information may only be made by the City on
the condition that a Receiving Party demonstrate a legitimate business or research purpose and
agree in writing to protect the confidentiality of the Confidential Information.
SECTION 3. This prohibition applies to all Confidential Information currently in the
possession of the City or that the City acquires in the future.
SECTION 4. If any of provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or
application, and. to this end, the provisions of this Resolution are severable.
SECTION 5. This Resolution shall be effective retroactive to the date the City first
acquired the item of Confidential Information to which it is ~pplicable.
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SECTION 6. Adoption of a resolution prohibiting disclosure of Confidential
Information does not meet the California Environmental Quality Act's (CEQA) definition of a
"project" under California Public Resources Code §21065, thus no environmental review is
required.
INTRODUCED AND PASSED: April 29, 2014
AYES: BERMAN, BURT, HOLMAN, KLEIN, PRICE, SHEPHERD
NOES: SCHMID
ABSENT: KNISS, SCHARFF
ABSTENTIONS:
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APPROVED:
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