HomeMy WebLinkAboutStaff Report 14671
City of Palo Alto (ID # 14671)
Utilities Advisory Commission Staff Report
Meeting Date: 9/14/2022 Report Type: VII. NEW BUSINESS
City of Palo Alto Page 1
Title: Staff Recommends the Utilities Advisory Commission Recommend the
City Council Accept the Bylaws Amendment With Updated Annual Election
Schedule, Meeting Times, and Agenda Additions
From: Director of Utilities
Lead Department: Utilities
Recommended Motion
Staff recommends that the Utilities Advisory Commission (UAC) recommend the Council
approve the amended UAC Bylaws to reflect scheduling and agenda changes, which include the
new election timeline, an earlier start time for regular meetings, and other associated
scheduling changes.
Background and Discussion
The bylaws of the Utility Advisory Commission have required the UAC to meet on the first
Wednesday of each month at a 7:00 pm start time since the UAC’s inception. According to
section 2.23.050(c) of the Palo Alto Municipal Code, the UAC may request to change the Bylaws
through a staff report to the City Council.
The UAC Commissioners have had discussions with Staff regarding the desire to start the UAC’s
regular meetings earlier in the evening. With the frequency of fully remote and hybrid
meetings, it was noted the attendance of citizens increased significantly.
Because the Council approved the City Clerk’s board and commission election timeline in 2021,
Staff needed to change the Bylaws. Since Staff was working on changing the Bylaws to
accommodate the new election timeline, and the UAC had requested to change the start time,
Staff has incorporated both scheduling changes in one amendment. The amendments in
Attachment A accommodate the new start time and election cycle. The amendments also allow
a single Commissioner to add items to the UAC’s agenda, rather than requiring two
Commissioners to do so.
Stakeholder Engagement
The UAC meetings are streamed live and recorded each month and the discussions of changing
the time had occurred in multiple meetings in 2021 as well as 2022.
Attachments:
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City of Palo Alto Page 2
• Attachment A: Draft Bylaws
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110106 jb 0073487
BYLAWS OF THE UTILITIES ADVISORY COMMISSION
OF THE CITY OF PALO ALTO
Section 1. Purpose.
1.1 The City of Palo Alto (the “City”) Utilities Advisory Commission (the
“Commission”) desires to establish these bylaws and any other rules and procedures (the
“Bylaws”) in order to facilitate and enhance public participation and Commission debate at the
Commission’s meetings in accordance with the requirements of Palo Alto Municipal Code (the
“Code”) section 2.23.060(c), other provisions of Chapter 2.23 of the Code, and applicable
California law, including, without limitation, the Ralph M. Brown Act, California Government
Code Section 54950 et seq. (the “Brown Act”).
Section 2. Creation; Duties of Commission.
2.1 The Commission is created pursuant to Chapter 2.23 of the Code. The
Commission shall perform the duties imposed upon it by applicable ordinances of the City and
applicable California and federal laws. In addition, the Commission shall, as may be requested
by the Council or the City Manager, provide advice on any matter pertaining to the purpose and
duties of the Commission, as set forth in section 2.23.050 of the Code, and as the same may be
amended from time to time by ordinance of the City.
Section 3. Officers.
3.1 The officers of the Commission shall consist of a Chair and a Vice Chair.
3.2 The offices of Chair and Vice Chair shall be filled by the election of
members of the Commission from among their members. Individuals so elected shall serve for a
term of one (1) year, July April 1 through June 30March 31, or until such date when their
successors are elected. The election shall be held at the first regular Commission meeting
conducted on or after July April 1 of each year. In the event that either office becomes vacant
during the regular term, the Commission shall elect a member to serve for the remainder of the
term.
3.3 The Director of Utilities (the “Director”) or the Director’s designee shall
serve as the secretary of the Commission and, acting in such capacity, shall keep minutes of all
of the meetings of the Commission, shall maintain a twelve-month rolling calendar with tentative
future agenda topics, shall accept and file in the name of the Commission documents and
correspondence addressed to it, and shall present all such correspondence to the Commission.
3.4 The duties of the officers of the Commission shall be, as follows:
3.4.1 The duties of the Chair shall consist of presiding over all regular and
special meetings, including special study sessions, of the Commission, appointing ad hoc
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committees, calling meetings of the Commission as provided by the Brown Act, designating the
date, time and place of such meetings, signing documents and correspondence in the name of the
Commission, and representing the Commission before the Council, its committees and
subcommittees, and such other groups and organizations as may be appropriate. The Chair may
designate another member to act in his or her stead. The Chair shall have the same voting rights
as other members of the Commission.
3.4.2 The duty of the Vice Chair is to assist the Chair and to preside over
meetings of the Commission during the Chair’s absence.
Section 4. Committees.
4.1 Standing and ad hoc committees may be appointed as required or desired
in accordance with the Brown Act. Such committees shall be comprised of no more than three
(3) Commission members. These committees shall be project-oriented. Standing committees may
be appointed only with the approval of the Council. Ad hoc committees shall be dissolved and
renewed every year, July 1 through June 30 meet for a term of one (1) year, April 1 through
March 31, or until such date when they are dissolved. Ad hoc committees shall be renewed or
dissolved at the first regular Commission meeting conducted on or after April 1 of each year.
Section 5. Quorum.
5.1 Four (4) members of the Commission shall constitute a quorum for
conducting its business.
5.2 When there is not a quorum at the commencement of or at any time during
a meeting of the Commission, the Chair or the Vice Chair, or in such officers’ absences any
present Commission member with the longest tenure on the Commission, shall adjourn the
meeting, or if no Commission member is present, the Director shall adjourn the meeting, and all
such actions shall be taken in conformity with the Brown Act.
Section 6. Regular and Special Meetings; Study Sessions.
6.1 Regular meetings of the Commission shall be held at least once a month,
on the first Wednesday of each and every month; provided, however, a regular meeting may be
cancelled or held as a special meeting on another day of the month in accordance with the Brown
Act. Regular meetings shall be held at 76:00 p.m. in the Council Conference Room or the
Chambers of City Hall, 250 Hamilton Avenue, Palo Alto.
6.2 Special meetings, including special study sessions, may be called in
accordance with the Brown Act. Notices of special meetings shall be provided in the manner
required under the Brown Act. At the special meeting, the Commission shall consider only the
business set forth in the notice. Special meetings, including, without limitation, field trips, may
be held at locations other than City Hall, as may be specified in the meeting notices; provided,
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however, no special meeting shall be held outside of the jurisdictional boundaries of the City,
unless it is allowed by the Brown Act.
6.3 Any regular or special meeting of the Commission may be adjourned to a
subsequent date for continuation or completion of the business on the Commission’s agenda at
the meeting. Notice of such adjournment shall be provided in accordance with the Brown Act.
6.4 All regular and special meetings of the Commission shall be open to the
public.
6.5 Special study sessions are meetings at which the Commission may receive
information about the Department of Utilities’ business in an informal setting. The Commission
may discuss the material freely and without following the formal rules of parliamentary
procedure. Any oral communications and public comments will be received during the study
session. The communications and comments of representatives of commerce, industry and not-
for-profit groups, as those communications and comments relate to the subject matter of the
study session, shall be encouraged.
6.6 Up to two joint study sessions a year will be held between the
Commission and the City Council.
Section 7. Agendas.
7.1 The agenda shall contain a brief general description of each item of
business to be transacted or discussed at the meeting of the Commission or as required by the
Brown Act. The agenda for all regular and special meetings, including special study sessions, of
the Commission shall be prepared, in writing, by the Director or the Director’s designee, shall be
based upon a twelve-month rolling calendar, and shall include any item of business that is carried
forward from a prior regular meeting at the request of the Commission or the Director. The
agenda shall be posted within the time and in the manner required by the Brown Act. The agenda
for a regular meeting will generally be closed and no additional items accepted after 12:00 p.m.
of the Wednesday preceding Monday that is nine days prior to the meeting. Additional items
may be added to the agenda thereafter only in accordance with the Brown Act.
7.2 Whenever feasible, a complete copy of each regular meeting’s agenda and
all supporting materials will be emailed, delivered, or mailed to each Commission member so as
to reach the recipients by no later than 67:00 p.m. on the Monday preceding the meeting.
7.3 The agenda for a regular meeting shall make provision for the
Commission to identify and briefly discuss any and all matters that the Commission desires to
consider at any future regular meeting of the Commission.
7.4 Nothing in the Bylaws shall be interpreted to prohibit consideration of any
item of business which fosters and facilitates engagement with the general public, which
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consideration also shall not exclude any representative of commerce, industry or a not-for-profit
advocacy group in regard to any utility matter falling within the purpose and duties of the
Commission, as set forth in section 2.23.050(b)(1)(A) through (E) of the Code.
7.5 Public comments shall be generally limited to three minutes per person,
but this time limitation is subject to the discretion of the Chair, which shall be exercised in
accordance with agenda time management concerns.
7.6 Any two Commissioners may bring forward a commissioner memo on any
topic to be considered by the Commission, but no more than three Commission members may
sign a memo. Prior to the preparation of a commissioner memo, the Commission members who
author a memo shall share a draft of the proposed memo with the Director prior to the
finalization of such memo. Final commissioner memos shall be provided to the Director by noon
seven days prior to the Commission meeting that the memo is intended to be agendized in order
to afford the Director sufficient time to process the Commission’s agenda packet. The
Commission shall not take action on the day that a commissioner memo is introduced if it will
adversely impact staff resources or current work priorities which are not addressed in the memo,
but the Commission may take action on the day that the memo is introduced if there are no
impacts on staff resources or work priorities.
7.7 The agendas shall allow for Commission review of the twelve-month
rolling calendar. Items can be added to the rolling calendar at the request of at least twoa
Commissioners.
Section 8. Conduct of Meetings.
8.1 The Chair, the Vice Chair, the temporary presiding officer appointed by
the Chair, or, if necessary, whichever member of the Commission in attendance with the longest
tenure on the Commission, shall take the chair at the time designated for the start of the meeting,
and shall call the Commission to order.
8.2 The Chair, the Vice Chair, or in his or her absence the temporary presiding
officer shall preserve order and decorum at all meetings of the Commission, announce the
Commission’s decision on all subjects, and decide all questions of order subject to any appeal
procedure set forth in the Bylaws.
8.3 The Chair shall call the roll of the Commission members. The Director or
the Director’s designee shall record the names of those present and those absent.
8.4 The Commission may, by a majority vote of its members, adopt or amend
any other rules and procedures to be followed at regular and special meetings and study sessions
of the Commission to the extent such rules and procedures are not in conflict with the Bylaws, or
any applicable Palo Alto ordinance, or California or federal law, rule or regulation. The other
rules and procedures shall be deemed guidelines and failure to comply with any such rules and
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procedures shall not be the basis for challenge to or invalidation of any action of the
Commission, nor shall they be construed to create an independent remedy or right of action of
any kind, except as may be authorized by applicable laws.
Section 9. Amendment.
9.1 The Commission may recommend that the Council amend or repeal the
Bylaws. Bylaws can be amended or repealed by the Council in accordance with section
2.23.050(c) of the Code.
Section 10. Bylaws Available to Public.
10.1 Upon the Council’s approval, the Bylaws and any other rules and
procedures adopted by the Commission pursuant to Section 8.4 hereof shall be transmitted to
each member of the Commission, to the Council, and to the City Clerk. Copies of the Bylaws
and any other rules and procedures shall be made available to the public, upon request, and at
each meeting of the Commission.
THE FOREGOING BYLAWS WERE APPROVED BY THE COUNCIL AT A
REGULAR MEETING HELD ON _________________, 20xx. THEY SHALL BECOME
EFFECTIVE AS OF ___________________, 20xx.
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