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HomeMy WebLinkAboutStaff Report 380-10TO: HONORABLE CITY COlJNCIL FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: OCTOBER 18, 2010 CMR: 380:10 REPORT TYPE: ACTION SUBJECT: Recommendation of the Council Ad-Hoc Committee to Adopt an Ordinance Amending Section 2.23.050 of Chapter 2.23 of Title 2 the Palo Alto Municipal Code to Add the Subjects of Wastewater Collection and Fiber Optics to the Duties of the Utilities Advisory Commission RECOMMENDATION The Council Ad Hoc Committee to review the purpose and duties of the Utilities Advisory Commission (UAC) recommends that the City Council adopt an ordinance amending Section 2.23.050 of the Palo Alto Municipal Code to reflect certain changes in the UAC's purpose and duties. BACKGOUND On July 6, 2009, the Council moved "for the Mayor [then Mayor Drekmeier] to appoint a Council subcommittee to review the role of the UAC and return with a report before the second reading of the Ordinance." The mayor appointed the then Chair of the Policies and Services Committee (Vice Mayor Espinosa), the then Chair of the Finance Committee (Mayor Burt) and the Council liaison to the UAC (Council Memher Yeh) to the Ad Hoc Subcommittee. The Ad Hoc Committee met four times from August 11, 2009 to September 8, 2010. The committee schedule and agendas are provided in AttacIunent B. In the process, the committee condueted research to assist in its discussions. Staff prepared and the committee reviewed the responses to a survey of the organizational structure of other utility boards and commissions in the state, provided in AttacIunent C. In November 2009, the committee also conducted a survey of previous UAC commissioners to get their insights into what worked or didn't work in terms of the UAC's interactions with staff and the Council and what changes would be recommended in the purpose and duties of the UAC. DISCUSSION One of the major topics of discussion by the committee was whether to add the Wastewater Collection and Fiber Optics Funds to be under the purview of the UAC. While there was debate about whether this should be expanded even further to include all services shown on customers' CMR: 380:10 Page I of3 utility bills, the Ad Hoc Committee decided to move forward with the recommendation on adding the Wastewater Collection and Fiber Optics Funds and defer discussion on other utilities services provided by the Public Works Department to a later time, after further meetings and discussion with thc City Manager. Two other issues extensively discussed were the UAC's ability to raise issues with the Council and suggest revisions to existing policies, and allowing the UAC to facilitate engagement with the general public. The Ad Hoc Committee members stated that they wanted it to be clear that the UAC was empowered to raise issues with the Council and suggest new policies direction or amendments to existing policy. Some modifieations to the Municipal Code were agrecd upon to make this role/ability clearer. The Ad Hoc Committee members also stated that they would like the UAC to have the ability to foster and facilitate engagement with the general public, including representatives of commerce and industry, in regard to the Utilities Department's matters. However, the language was crafted so that this was an ability, not a mandate, and would be at the discretion of the City Council. Finally, the Ad Hoc Committee members stated their expectation that the UAC would dcvelop its own bylaws. Additional meetings of the Ad Hoc Committee and the City Manager would be required for any potential further expallSion of the' UAC's purview of certain services provided by the Public Works Department. AD-HOC COMMITTEE REVIEW AND RECOMMENDATIONS 1. Expand the UAC's purpose and duties to advise the City Council on present and prospective long-range planning and policy and major program and project matters relating to the Wastewater Collection and the Fiber Optics Funds. 2. Expand the UAC's role, subject to thc discrction of the City Council, to foster and facilitate cngagement with thc general public, including representatives of commerce and industry, in regard to utility matters. 3. ClarifY the UAC's ability to raise issues with the City Council and suggest revisions to existing policies. RESOURCE IMPACT Any resource impacts to implement these changes to the UAC's roles and responsibilities are expected to be an incremental increase in staff time to bring wastewater eollcction and fiber optics fund matters to the UAC and additional staff time as might be needed to facilitate engagement with the general public. POLICY IMPLICATIONS The proposed modifications to the Municipal Code expand the UAC's pnrpose to advise the City Council on present and prospective long-range planning and. policy and major program and projeet matters relating to the Wastewater Colleetion and the Fiber Optics Funds. CMR: 380:10 Page 2 of3 The proposed modifications would also expand the UAC's role, subject to the discretion of the City Council, to foster and facilitate engagement with the general public, including representatives of commerce and industry, in regard to the utility matters. ENVIRONMENTAL REVIEW Adoption of this Ordinance does not meet the California Environmental Quality Act's definition of a project pursuant to Public Resources Code Section 21065, and therefore, no environmental review is required. ATTACHMENTS Attachment A: Ordinance of the Council of the City of Palo Alto Amending Section 2.23.050 of Chapter 2.23 of Title 2 of the Palo Alto Municipal Code Attachment B: City Council UAC Ad Hoc Committee Meeting Schedule and Agendas Attachment C: Survey of the Organizational Structure of Other Utility Boards and Commissions in the State PREPARED BY: CITY MANAGER APPROVAL: CMR: 380:10 DEBRA LLOYD .r; L- Acting Assistant Director, Utilities Resource Management ~_/h-..~ SKEENE/J Manager U Page 3 of3 follows: Not Yet Approved Ordinance No. -,--_~_ Ordinance of the Council of the City of Palo Alto Amending Section 2.23.050 of Chapter 2.23 of Title 2 of the Palo Alto Municipal Code to Add the Subjects of Wastewater Collection and Fiber Optics to the Purposes and Duties of the Utilities Advisory Commission ATTACHMENT A NOW, UIEREFORE, the Council of the City ofPaIo Alto does ORDAIN as SECTION 1. Section 2.23.050 of Chapter 2.23 of Title 2 of the Palo Alto Municipal Code is hereby amended to read, as follows: 2.23.050 Purposes and duties. (a) The purpose of the utilities advisory commission shall be to advise the city council on present and prospective long-range planning and policy and major program and project matters relating to the electric utility, gas utility, water utility, wastewater coIlection utility, aa4-fiber optics utilitv and the suBjeet'fJl'-recycled water.lIllltters, excluding daily operations. (b) The utilities advisory commission shall have the following duties: (1) Advise the city council on long-range planning and policy matters pertaining to: (A) ~isition and dDevelopment of the electric utility, gas utility, water utility, wastewater collection lJlility. fiber optics utility. and the recycled water resources,; (B) Joint action projects with other public or private entities which involve, affect or impact the electric utility, gas utility, water utility, wastewater collection utilitv, fib~Loptics utility, and the recycled water resources,; (C) Environmental ilfljliieati1;lHSaspects and attributes of the electric utility, gas utility, water utility, wastewll.1eJ collection u,tility, fiber optics utility. and the recycled water projeetsreSoUrcll,; (D) Water and energy G£onservation, energy efficiency. and demand side management,; and lOI008 jb 0073411 (E) Recycled water matters not otherwise addressed in the preceding subparagraphs (A) through (Dh (2) Review and make recommendations to the city council on the consistency with adopted and approved plans, aOO-policics, and programs of any major electric utility, gas utility, water utility, wastewater collection utility, fiber optics utility, or the recycled water p~'esource; (3) Fonnulatc and review legislative proposals regarding the electric utility, gas utility, water utility, wastewater collection utilitv, fiber optics utility and aHYthe recycled water ojleFaHomesource, to which the city is a party, ol'-in which the city has an interest, or by whi()h the city may be affected; (4) Review the electric utility, gas utility, aOO-water utility, wastewater collection utility, and fiber optics utility capital improvement programs, operating budgets and related reserves, and rates, and the recycled water program, budget, and rate, and thereafter forward any comments and recommendations 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 powcr or authority to cause the expenditure of city funds or to bind the city to any written, oral or implied contract. __ --\C.:o:.c) The utilities ad"is()ry commission may, subject to the discretion of the city £Quncil, foster and facilitate engagement with the general pupUc, including representatives of commerce and industry, in regard to the utility matters referred to in subsections Cb)(J)(A) through (E) SECTION 2. The Council fmds that the addition of duties and purposes of the Utilities Advisory Commission to Chapter 2.23 of the Palo Alto Municipal Code 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 environment impact assessment is necessary. /I /I /I II II 101008 jb 007J411 SECTION 3. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Senior Asst. City Attorney Director of Utilities Director of Adffiinistrative Services 101008 jb 0073411 1 2 I 3 : I 4 City Council UAC Ad Hoc Committee Meeting Schedule August 11, 2009 8:30am Council Conf Room September 21, 2009 5:00pm Council Conf Room August 2, 2010 8:00am City Manager's Conf I Room September 8, 2010 6:00pm Council Conf Room Ad Hoc Committee Workplan Purpose of UAC Ad Hoc Committee Deliverables of the UAC Ad Hoc Committee Workplan Discussion (information needs) Timeframe for Deliverables Next Meeting Dates UAC Programs and Policies Fiber Optic Utility Oversight Wastewater Collection Oversight Environmental Policy Oversight O.5¢/kwH Renewable Purchase Policy Off-Bill Financing UAC Orientation/Bylaws Community Outreach SpeCialists/Stakeholders Forum UAC Organization, Roles, and Responsibilities Utilities Staff, UAC, and City Council Municipal Code Roles/Responsibilities Matrix Ad Hoc Committee Wrap-up Review CounCil deliverable Results of What Works Well and What Doesn't? (Survey of former Council Liaisons and UAC Commissioners) Results of Review of Other Jurisdictions ... Oversight of Pubhc Ulilities (Survey of California Municipal Utilities Association) ATTACHMENT B City Council, City Manager, City Attorney, Utilities Department Staff City CounCil, City Manager, City Attorney, Past and Present UAC Commissioners, Utilities Department Staff I City Council, City I Manager, City Attorney, Past and Present UAC Commissioners, Utilities Department Staff City Council, City Manager, City Attorney, Past and Present UAC Commissioners, Utilities Department Staff ! a b"dget I {Pul'hr: WM!s provtdes -. gwtR!ge=1!PubIic W"rkS prt.l~!; sttul!;, Sl!nitajOl'l, and resort IIJ"\lbIiC V\Iofks piuvides l~!lY.lrofI'ic~, PGSF disirtd maiflte!lamle; SnCaIGas provides gas] s_~:er; I gas, ESMIUO provides waI.erI StoCaJGas providss gasj ~~~afGiiIS PI'I.lYkfe.s; am! clslifJe$ tIroir ad'llsl!fy role I [f:"Mtl)m M'I~j(]jpal WaterCI$l;tict PG&L pro\lJde$ watel', '''''''' ~ ~ I I"'l tjclob or 9, ":xPS Roseville Sac rra:lciscri Manager Y Elected Council; unlit t. aced (bookings" Appointed by Coaacig budgetary ovetslyht, policy direction, etc is Cooke nmentel thihied provides refuse. nrtter, weer, recyrJed walar, storm rtra1mn PG&E Utiities Gar tatted sly Ne i :l to study un ty C ialrrdt ml rniatad 10th s �aiacirirM vie and send wt InPII0d plan Pcnnr erfonrtt amts attaut r. keen, and ad Basra of Supervis Gay of San logs F. -seer: Gerzrtment Romig Ma ortGTy Goo :1'atCr iCerne'1ISi' :F'!nt r ::can dairy P:.sx* "nri ; P{,tf' ? 'inner ,.< helithorm C ett4onrra Yes Elected Council and Mayor, Elected Co IROC members are appointed by Mayor and conformed by Conmai. of of SuperVrsdrd [San deco s a City and Crotty)'selected, SFPifC has 5 members appointed ,bythe fl Iet• Yea Fill budgetary oversight, paacy direction, etc. Council Council mina Cowlell Counci Counci El diA 5 members Vetere 9Te WRI) Board is Walling* mandated to adata rftllanishr ant assessment role by the Tuesday in May tate Council Water, WW, Stprmwater, trash collective ISRGB,E provides gee and electric) Council Electric, dark fiber leasing, residential WiFI [otb Iepts pewee water, srecycied water, sanitary and alarm sewer end refuse.. POSE provides gasj Ho Yos— our tntlependern Bates Oversig ht Camidee (1ROC). IROC was fanned just a couple of years ago when the City switched from a city manager torn of government la a *erg mayor. Caundt CounciE aortal Coupon Electric. While such authority exists it Is not xarciae01 year. The WPCS Board sets all patldes cur the apeeuY The Wfitl Floaur.0 esiabiahes turd aduptu IF akstRct'samara] budget .............. Yes. Board approves& conited6. 4 rnembsrs i4 They do not technically NLA direct staff activates. They advise the Mayor and Cerprpi. They ere net sepaIAny coedit aril WRO has no retail customers. Customers are groundwater purveyors. The aUFTD Board works with a Technlral Aavleory Committee (TAC) which is recognized en a Non Beard Adyurla Commitisue, WET) consuh, with the TAC tar the purpose of Catenating proposed projects and Implementing a procedure to update its capitol impmuament program. The 6 TAG rnembere era appointed try the. Cads' Basle Water Asaedatien and tEe Weal eosin Water Association. TAC Fe . an ad dspy ra pa:l4 only.