HomeMy WebLinkAboutStaff Report 314-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JUL Y 13, 2009 CMR: 314:09
REPORT TYPE: CONSENT
SUBJECT: 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 City of Palo Alto Municipal
Code
RECOMMENDATION
To implement Council direction, staff recommends that the Council adopt an ordinance
amending three sections of Chapter 2.23 of the Palo Alto Municipal Code to increase the number
of commissioners appointed to the Utilities Advisory Commission (UAC) from five to seven.
Staff additionally recommends, particularly in light of the complex and highly technical nature of
the Commission's work, that Council modify its proposal to stagger the terms of the
Commissioners so that no more than three Commissioners are newly appointed or re-appointed
in any given year.
DISCUSSION
On July 6, 2009, the Council considered a colleague's memorandum from Mayor Drekmeier and
Council Members Klein and Espinosa to increase the number of commissioners that Council
appoints to the UAC from five to seven. The Council supported the proposal, and the City'S
Municipal Code must be amended to effect the change. The proposal also suggested that
Council vote to select the top three commissioners on July 6, and select an additional two
commissioners to be seated contingent upon Council's adoption of the new ordinance. To
stagger the terms of the two new commissioners, Council supported the proposal's
recommendation to amend the Municipal Code to grant a full three-year term to the fourth place
candidate, and a two-year term to the fifth place candidate. This will result in a seven-member
commission that will include four new commissioners with three year terms and three
commissioners (two existing and one new) with two years left on their terms. The attached
ordinance reflects this direction.
CMR: 314:09 Page 1 of2
Separately, and to ensure smooth transitions as Commissioner terms expire, staff proposes that
the terms of the fourth and fifth place candidates should be limited to one-year terms in order to
permit reappointments on the following schedule:
2011: 2 appointments for 3 -year terms
2012: 3 appointments for 3-year terms
2013: 2 appointments for 3-year terms.
This will ensure that in any given year no more than 3 new appointments will be available.
RESOURCE IMPACT
Some additional cost may be incurred by increasing the number of UAC commISSIOners.
Although UAC commissioners receive no stipend, additional staff time will be required to
respond to questions from additional commissioners. In addition, there will be extra costs to
advertise and recruit additional UAC members each year.
POLICY IMPLICATIONS
Adoption of this ordinance will change the Municipal Code and establish new City Policy.
ENVIRONMENTAL REVIEW
Adoption of this ordinance does not meet the definition of a project, pursuant to section 21065 of
the California Environmental Quality Act (CEQ A), thus no environmental review is required.
ATTACHMENT
A. Ordinance
PREPARED BY:
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
CMR: 314:09
JANE RATCHYE
Assistant Director, Resource Management
r_~~~~~~ ____ ~~~~~ IIF-
( ,ALERIE O. FONG
l/Director of Utilities
JAM]tS/KEENE
City yanager
Page 20f2
ATT ACHMENT A
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 :ff:¥e-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. Fe:ar--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;
090708 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 three-four members who received the
highest number of city council votes on July 6, 2009 members shall be three years, oommelleing
on Jely 1, 1991. The inititd terms of the member who received the fifth highest number of city
council votes on July 6, 2009tv;o other members shall be two years, commencing on July 1,
+99+. Thereafter, the-commission appointments shall be staggered so that in each three-year
cycle." threetwe members are appointed one year, three-four members are appointed the next
year, and no 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:
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090708 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) Thfee Four of the fl¥e-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.
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090708 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
090708 syn 6050900