HomeMy WebLinkAboutCMR 314-09 (2)MEMORANDUM
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JULY 27, 2009 CMR: 314:09
SUBJECT: 2nd Reading: Adoption of an Ordinance Increasing the Utilities Advisory
Commission from Five to Seven Members and Amending Section 2.23.010
(Membership), Section 2.23.030 (Term of Office) and Section 2.23.060 (Meetings)
of Chapter 2.23 of the Palo Alto Municipal Code
Attached is the revised ordinance incorporating the changes to Section 2.23.030 (Term of Office)
requested by Council on July 13,2009. The report of the Council subcommittee tasked with reviewing
the role of the UAC will follow shortly.
Director of Utilities City Manager
CMR: 314:09 Page 1 of 1
NOT YET APPROVED
Ordinance No. ----
Ordinance of the Council of the City of Palo Alto Increasing
the Utilities Advisory Commission from Five to Seven
Members and Amending Section 2.23.010 (Membership),
Section 2.23.030 (Term of Office) and Section 2.23.060
(Meetings) of Chapter 2.23 of the Palo Alto Municipal Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 2.23 of the Palo Alto Municipal Code is hereby amended to
read as follows:
Chapter 2.23
UTILITIES ADVISORY COMMISSION
Sections:
2.23.010
2.23.020
2.23.030
2.23.040
2.23.050
2.23.060
Membership.
Manner of appointment.
Term of office.
Officers.
Purposes and duties.
Meetings.
2.23.010 Membership.
There is created a utilities advisory commission composed of seven members who shall
be appointed by and serve at the pleasure of the city council, but who shall not be council
members, officers or employees of the city. Each member of the commission shall be a utility
customer or the authorized representative of a utility customer. Six members of the commission
shall at all times be residents of the city.
2.23.020 Manner of appointment.
The following procedures shall be followed by the city council when filling vacancies on
the utilities advisory commission:
(a) Following notification of vacancy or pending vacancy on the utilities advisory
commission, the city clerk shall advertise the same in a newspaper of general circulation in the
city, including the council agenda digest, two times within two weeks;
1
090722 syn 6050900
NOT YET APPROVED
(b) Written nominations and applications shall be submitted to the city clerk within
such two-week period to be forwarded to the city council for its consideration. Notwithstanding
the foregoing, if the nomination or application of an incumbent commission member is not
submitted to the city clerk within the period submitted above, said period shall be extended for
an additional five days during which the city clerk shall accept written nominations and
applications of nonincumbents;
(c) The city council shall review all nominations and applications and conduct such
interviews as it deems necessary prior to selection;
(d) Final selection and appointment shall be made by the city council at a regular city
council meeting after the period for submittal of nominations and applications has expired.
2.23.030 Term of office.
(a) Term of Office. The term of office of each member shall be three years or until his
or her successor is appointed. The initial terms of the feuF.-three members who received the
highest number were in the first group of city council votes on July 6, 2009 shall be three years.
The initial terms of the two member~ who received the fifth highest nwnber in the second group
of city council votes on July 6, 2009 shall be twe-one years. Thereafter, beginning in 2010, the
commission appointments shall be staggered so that in each three-year cycle, three-two members
are appointed one year, fem--two members are appointed the next year, and ne-three members are
appointed the next year.
(b) Commencement Date. The terms of the three members who received the highest
number of city council votes on July 6,2009 shall commence on July 7, 2009. The terms of the
members who received the fourth and fifth highest number of city council votes on July 6, 2009
shall commence on the effective date of this ordinance.
2.23.040 Officers.
The commission shall elect one of its members chairperson. The chairperson shall hold
office for one year and until his or her successor is elected, unless his or her term as a member of
the commission expired earlier.
2.23.050 Purposes and duties.
(a) The purpose of the utilities advisory commission shall be to advise the city council
on long-range planning and policy matters relating to the electric utility, gas utility, water utility,
and the subject of recycled water, excluding daily operations.
(b) The utilities advisory commission shall have the following duties:
(1) Advise the city council on planning and policy matters pertaining to:
2
090722 syn 6050900
NOT YET APPROVED
(A) Acquisition and development of electric utility, gas utility, water
utility, and recycled water resources,
(B) Joint action projects with other public or private entities which
involve electric utility, gas utility, water utility, and recycled water resources,
(C) Environmental implications of electric utility, gas utility, water
utility, and recycled water projects,
(D) Conservation and demand management, and
(E) Recycled water matters not otherwise addressed in the preceding
subparagraphs (A) through (D).
(2) Review and make recommendations to the city council on the consistency
with adopted plans and policies of any major electric utility, gas utility, water utility, or recycled
water project;
(3) Formulate and review legislative proposals regarding the electric utility, gas
utility, water utility, and any recycled water operation to which the city is a party or in which the
city has an interest;
(4) Review the electric utility, gas utility, and water utility capital improvement
programs, operating budgets, and rates, and recycled water program, budget, and rate, and
thereafter forward any comments to the finance committee or its successor;
(5) Provide advice upon such other matters as the city council may from time to
time assign.
The utilities advisory commission shall not have the power or authority to cause the
expenditure of city funds or to bind the city to any written or implied contract.
2.23.060 Meetings.
(a) The commission shall establish a regular time and place of meeting and shall hold
at least one regular meeting per month.
(b) Four of the seven members shall constitute a quorum.
(c) The commission may establish rules and procedures governing the conduct of its
meetings.
(d) The commISSIon shall be subject to the Ralph M. Brown Act, California
Government Code Section 54950, et seq.
3
090722 syn 6050900
NOT YET APPROVED
SECTION 2. The Council finds that increasing membership of the utilities advisory
commission does not meet the definition of a project under the California Environmental Quality
Act pursuant to California Public Resources Code Section 21065, and therefore no
environmental impact assessment is necessary.
SECTION 3. This ordinance shall become effective upon the expiration of thirty
(30) days from its passage.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Deputy City Attorney City Manager
-
Director of Utilities
4
090722 syn 6050900