HomeMy WebLinkAboutStaff Report 398-10TO: HQNORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE
DATE: NOVEMBER 1,2010 CMR: 398:10
REPORT TYPE: CONSENT
SUBJECT: Second Reading: Recommendation of the Council Ad-Hoc Committee
to Adopt an Ordinance Amending Section 2.23.050 of Chapter 2.23 of
Title 2 of the Palo Alto Munidpal 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 Octobyr 18, 2010, the Council adopted the recommendation of the Council Ad Hoc
Committee to adopt the Ordinance Amending Section 2.23.050 of Chapter 2.23 of Title 2 of the
Palo Alto Municipal Code, with certain changes to paragraph (c) under Section 1. The CMR and
attachments for the October 18, 2010 meeting are provided in Attachment B and the excerpted
draft action minutes from the meeting in Attachment C.
DISCUSSION
At the October 18, 2010 Council Meeting, the Council members discussed the Ad Hoc
Committee's proposed amendments to Section 2.23.050 of Chapter 2.23 of Title 2 of the Palo
Alto Municipal Code. The discussion focused on a proposed new paragraph (paragraph (c ) under
Section 1), that would add to the UAC's purpose and duties the ability to foster and facilitate
engagement with the general pUblic. The Council voted seven to two to adopt the Ad Hoc
Committee's proposal with the following language for paragraph c:
(c) The utilities advisory commission may, subject to its city council-approved
bylaws and at the. discretion of the city council, foster and facilitate engagement with the general
public, not excluding representatives of commerce and industry, in regard to the· utility matters
referred to in subsections (b)(1)( A) through (E)
CMR: 398:10 Page 1 of2
Council also directed that the UAC bylaws address the circumstances that commerce and
industry groups with policy issues may corne forward to address the UAC.
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 collection 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 purpose 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.
The proposed modifications would also expand the UAC's role, subject to its city council
approved bylaws and at the discretion of the City Council, to foster and facilitate engagement
with the general public, not excluding 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
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
B: CMR 380:10 with Attachments
C: Excerpted Draft Action Minutes from the Council October 18,2010 meeting
PREPARED BY:
DEPARTMENT APPROVAL:
DEBRA LLOYD \)L
Acting Assistant Director,
Utilities Resource Management
VALERI O. NG
CITY MANAGER APPROVAL: ~
t;/[JAMES KEENE
.~ ~ City Manager
CMR: 398:10 Page 2of2
follows:
Not Yet Approved
Ordinance No. ----
Ordinance of the Council 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, THEREFORE, the Council of the City of Palo 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
collection utility, aa4--fiber optics utility and the subject of recycled water matters,
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) Acquisition and dDevelopment of the electric utility, gas
utility, water utility, wastewater collection utility, 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 utility. fiber optics utility. and the recycled water resources;~
(C) Environmental implieationsaspects and attributes of the
electric utility, gas utility, water utility, wastewater collection utility. fiber optics utility,
and the recycled water projectsresource,~
(D) Water and energy Gyonservation, energy efficiency, and
demand side management,~ and
100923 jb 0073411
Not Yet Approved
(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 and approved plans" a:ad-policies .. and programs of any major
electric utility, gas utility, water utility, wastewater collection utility, fiber optics utility,
or the recycled water projectresource;
(3) Formulate and review legislative proposals regarding the electric
utiHty, gas utility, water utility, wastewater collection utility, fiber optics utility and
tm:y!he recycled water operatioftresource, to which the city is a party .. er-in which the city
has an interest, or by which the city may be affected;
(4) Review the electric utility, gas utility, a:ad-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 power or authority to cause
the expenditure of city funds or to bind the city to any written, oral or implied contract.
(c) The utilities advisory commission may, subject to its city council-
approved bylaws and at the discretion of the city council, foster and facilitate engagement
with the general public, not excluding representatives of commerce and industry, in
regard to the utility matters referred to in subsections (b)(l)(A) through (E)
SECTION 2. The Council finds 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.
1/
1/
1/
1/
1/
100923 jb 0073411
Not Yet Approved
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 Administrative Services
100923 jb 0073411
ATTACHMENTB
... , r
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, ;
, "
J • I
\
TO: HONORABLE CITY COl.iNCIL
FROM: CITY MANAGER DEPARTMENT: CITY .MANAGER'S OFFICE.
DATE: OCTOBER 18, 2010 CMR: 380:10
REPORT TYPE: ACTION
SUBJECT: Recommendation of the Couneil 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 COWlcil Ad Hoc Conunittee to review the purpose and duties of the Utilities Advisory
Conunission (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 COWlcil moved "for the Mayor [then Mayor Drekroeier] 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 Member Yeh) to the Ad Hoc Subcommittee.
The Ad Hoc Committee met four times from August 11, 2009 to September 8, 2010. The
committee schedu1e and agendas are provided in Attachment B, In the process, the committee
conducted 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 Attachment 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 wlder 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 1 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 timet after further meetings and
discussion with the 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
amendment.., to existing policy. Some modifications to the Municipal Code were agreed 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 w~ crafted so that this was an abi~ity~ 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 develop
its own bylaws.
Additional meetings of the Ad Hoc Committee and the City Manager would be required for any
potential further expansion of the' UAC's purview of certain serVices provided by the Public
Works Department.
AD-HOC COl\llMITTEE 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 the discretion of the City Council, to foster and
facilitate engagement with the 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
1 expected to be an incremental increase in staff time to bring wastewater collection 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 expan.d the UAC'spurpose to advise the City
Council on present and prospective longwrange planning and. policy and major program and
project matters relating to the Wastewater Collection 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 REYIEW
Adoption ofthls 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 Altn Amending Section 2.23.050 of
Chapter 2.23 of Titie 2 of the Palo Alto Municipal Code
Attachment B: City Council UAC Ad Hoc Committee Meeting Schedule and Agendas
Attachment C: Survey of the Organi:r..ational Structure of Other Utility Boards and Commissions
in the State
PREPARED BY:
CITY MANAGER APPROVAL:
CMR: 380:10
DEBRA LLOYD "1') L-
Acting Assistant Director, Utilities Resource
Management
'j'-~ SKEENE .
Manager .r)
Page 3 of3
· .
follows:
~ot]{etJ\ppvoved
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 Co~lection and Fiber Optics to the
Purposes and Duties of the Utilities Advisory
Commission
ATTACHMENT A
,. l' .' J • ~r ',. :~\ ',,"
NOW, THEREFORE, the Council of the City of Palo 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.
(8) The purpose of the utilities advisory commission shall be to advise the city
council on present and prospective long~range planning and policy and rna; or prOgram.
and project matters relating to the electric utility, gas utility, water utility, ~a,stewater
collection utility, cm4-fiber optics utility and the subject ··-ef-recycled water....1n~tters,
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) AeEtuisitien and dDevelopment of the electric utility, gas
utility~ water utility, wastewater collection lJ.!ility. 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 utility, fiber ... optics utility. and the recycled water resources;;
(C) Environmental implioati-etlSasnects and attributes of the
electric utility, gas utility, water utility, wastevv.ill~r collection Q1;Uity, fiber optics utility,
and the recycled water Flf6.ieotsreso~n~.~,~
(D) Water and energy GQonservation. ener,.gy efficiency. and
demand side management;; and
,
JOI008jb 0073411
(E) Recycled water matters not otherwise addressed in the
preceding subparagraphs (A) through (D)~i
(2) Review and make recommendations to. the city council on the
consistency with adopted and approved plans", atitl-policiesj and programs of any major
electric utility, gas utilityJ water utility, wastewater collection utility, fiber optics utility.
or the recycled water fH'oje&t!'esource;
(3) Fonnulate and review legislative proposals regarding the electric
utility, gas utility, water utility, wastewater collecti211 utility,. fiber optics utility and
9:l.fYthe recycled water epemtiO:nresource, to which the city is a party", Orin which the city
has an interest. or by whigll. the city may be affected;
(4) Review the electric utility, gas utility, arui-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 power or authority to cause
the expenditure of city funds or to bind the city to any written. oral or implied contract.
_ (c) The .J.ltilities adyi~.Q;ry commission may, subj ect to the disc~tion of the citX
QQuncil.. foster and facilitate engagement with the general puP.1ic. including
representatives of commerce and industry. in regard to !h~ utility matters referred to in
subsecti.olls (b)(1 )(A) through (E)
. SECTION 2. The Council finds 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 Californ1A Environmental Quality Act
pursuant to California Public Resources Code Section 21065, and therefore no
environment impact assessment is necessary.
II
II
II
II
1/
IOlOOSjb OO?J411
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:
City Clerk
,
" APPROVED AS TO FORM:
Senior Asst. City Attorney
lOl008jb 0073411
APPROVED:
Mayor
City Manager
Director of Utilities
Director of Administrative Services
City Council "UAC Ad Hoc Committee
Meeting Schedule
ATTACHMENT B
an
acMsory boatdlCommission[olher than
your legis/ative body] which provides
advice to your legislative body on planning
and po/icy and any other substentive
matters?
boardlcomm;ssi<>ntiaw. the authority to
direct Staff activities, and are the staff
activities to support.theboardlconimission
separatelY funded andbudgeled? If so,
what is the scope of such:'authority?
October 9, 2009
7,b1?1atfcnm ofgovernlentlgovemance ':;
does your agency have?
Roseville
C ger
San Francisco
Board Of Supervisors-
Mayor
City. of San Diego's
< Public Utilities
Department
Strong May0rlCity Council
Silicon Valley Polder
C0unCiI-Manager
Trinity PUD
Elected Board
(5)lSaneral Manager
Water Replenishment
- District of Southern
California"
Special District with
members
2 Are you :a charter city? ---
Yes
Yes
Yes
Yes
No
NIA
3 Are members of you{agency's legislative "
body[e.g., council/board] elected or -"
apporhfed?
Elacited Council;
Public Utilities Commission
Appointed by Council
Board of Supervisors (San
Francisco is a City and
County) is elected. SFPUC
has 5 members appointed
by the mayor.
Elected Council and Mayon
IROC members are
appointed by Mayor and
confirmed by CounciL
Elected Council
Elected
5 members am aieded by
voters
4 What powers does youragency'5:: ,
legislative body exercise in regard to utility
matters?
_ -
Fu a budgetary oversight,
FblaY dirett)on, 10,
Full budgetary oversight,
policy direction, etc,
Full budgetary oversight,
policy direction, eta,
WRD is a regional
gmu r lnanagament
responsible for the
replenishment of the
Contra! and West Coast
gromohrater
qua8ly, antl seawater
irrhusidn prevention
other duties.
approves y0uttp1e3?
-
-
Council
Council
Counts!
Council
The WRD Board is
statutoriy mandated to
adapt a replenishment
assassnu:m rate by the 2''
Tuesday n May earn
year.
yyfio approves pt7Gcies raYuarding
Corrmaditiesprocurement,co nrodities
portfolio developmerrt,-etc?
Council
.
Cduncii
Council
Council
The WRD Boanf cats ail
pohriesfortheagency
Who approves yovrbudget?
"'-- - - --
Council
Council
Caun1il
Council
The IMSD Board
establishes and adopts the
district's annual budget.
Who approtmis"long-term (?5 years)
Council
Council
Council
Council
Yes. Board approves all
contracts.
-What type(sj of utility/utilities services d000
yourageltcy'0ffBr10 retail custoenem (ro,g.,
eleciri as, water, rrimuieati
c, g teleco n ens]?
.:.
-__ . ..
Electric
[City's Environmental
Utilities provides refuse,
water, sewer, recycled
water, storm drain; PG&E
handles gas)
Water, W W, Stommvaler,
trash 0oII
ISDG&E provides gas and
eletrici.
Electric, dark 050r leasing,
r aktrmfral WtFi
(0th Depts provide water,
srecycled water, sanitary
and storm sewer and
refuse, PG&E provides
gasj-----
Electric
WRO has no retail-----_--
customers. Customers
a dweter
purveyors:
5 pons your agency's charter/municlpat
code bylawsllawsletc. authodzean
advisory bdafdcommissiyn (ofnetthan
youtfeylsFafive body] which provides
advice to your legislative body on pianning..
: and policy and any other substantive
matters?
- - ::--
.. .. .- -- . . . ..'.
..---_-
Pubic lltirdies Commtsslon
established by the City
Council 10 study and advise
the City Council on all utility
Issues related to rty-owned
utilities (electric, water,
sewer, and solid waste).
Issues include planning,
rates, public information,
complaints about rates or
operations, and activities of
Oily joint powers agencies.
_.-......._
Yes— our Independent
Rates Oversight Committee
(IROC). IROC was formed
just a couple Of years ago
when the City switched
from a city manager "tone of
fovomment to a strong..
mayor,
No
--`--
VWIM such authority
exists i is not
exercised
The WRD Board works
with a Technical Advisory
Committee (TAC) which is
recognized as a Non -
Board Adjunct
Committee. WRD
consults with the TAC for
the purpose of evaluating
proposed projects and
implementing a procedure
to update its caplet
improvement program.
6 If rile-answerto:5 is 'yes; what Is Yixe
member of board/corihmission membership:
andhow a appointed?
7 Members
14 members
ciA
-
The 6 TAC members are
appointed by the Central
Basin Water Association
and the West Basin Water
Association.
715lhd.answer to 5 is 'yes', does the
board/commission'have the authority to ca
direct staff activities, and are the staff
activities to support the board/commission'
eperately.furrded. and budgeted? If so, ; �
what is the scope "ofsuch authority?
-
staff not technically
advise the Mayor and
Council. They are not
separately funded and
budgeted.
NJA
TAC sry e
5110yany.
EXCERPTED DRAFT ACTION MINUTES OF COUNCIL
Meeting of October 18,2010
ACTION ITEMS
ATTACHMENT C
14. 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 Purposes and Duties of the Utilities Advisory
Commission.
MOTION: Council Member Scharff moved, seconded by Council Member Holman to approve the
recommendation of the Council Ad Hoc Committee to adopt the Ordinance Amending Section 2.23.,050 of
Chapter 2.23 of Title 2 of the Palo Alto Municipal Code, excluding Section 2.23.050 Section 1, paragraph
(c)-The Utilities Advisory Commission may, subject to the discretion of the City Council, foster and facilitate
engagement with the general public, including representatives of commerce and industry, in regard to the
utility matters referred to in subsections (b)(1 )(A) through (E).
SUBSTITUTE MOTION: Council Member Yeh moved, seconded by Vice Mayor Espinosa that the City
Council adopt the recommendation of the Council Ad Hoc Committee: 1) to adopt the Ordinance Amending
Section 2.23.050 of Chapter 2.23 of Title 2 of the Palo Alto Municipal Code, 2) subject to its bylaws and the
discretion of the City Council shall foster and facilitate, and 3) to include the following verbiage in
paragraph (c) under Section 1: include the wording -not to exclude representatives of commerce and
industry.
INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND
SECONDER to include that the Utilities Advisory Commission, subject to the Council approved bylaws, will
address the circumstances that commerce and industry groups with policy issues may bring them forward.
SUBSTITUTE MOTION RESTATED: 1) The City Council adopt the recommendation of the Council Ad Hoc
Committee: 1) to adopt the Ordinance Amending Section 2.23.050 of Chapter 2.23 of Title 2 of the Palo
Alto Municipal Code, 2) subject to its bylaws and the discretion of the City Council, and 3 to include the
following verbiage in paragraph (c) under Section 1: not to exclude representatives of commerce and
industry, and 4) to include that the Utilities Advisory Commission, subject to the Council approved bylaws,
address the circumstances that commerce and industry groups with policy issues may come forward to
address the Commission.
SUBSTITUTE MOTION AS AMENDED PASSED: 7-2 Holman, Schmid no