HomeMy WebLinkAbout0355.000'.:... ......
June 7, 1990
THE HONORABLE CITY COUNCIL
PALO ALTO, CALIFORNIA
~~il Standing Committees (Su~lemental Information)
Members of the Council~
This report responds to que stIens raised by Council Members during
discussion of proposed changes to the orqaniz:ation of the CO'..l1"Icil
standinq cOll1llittees at the Hay 1 meeting of the Policy and
Procedures committee.
Staff reco:m:mended the reorqanization of the responsibilitIes of the
two exIsting committees and the creation of a third committee (see
CMR~272:0). council Members Andersen and Kniss proposed~ j~stead
of a new committee on Utilities, that a Utilities commission be
created "With membership comprised of three Council Members and four
members of the public. Although this proposal did not receive the
support of the majority of the Policy and Procedures Committee, tne
committee suqqested that informatIon regarding the legality and
feasibility of such a commission be available when the report from
the Committee is presented to Council.
The Acting City Attorney has provided the follow.1nq comments
eonce~ning the propoaed Utilities Commission:
As r undarstand the suggestion, an advisory commission
conSisting of three council ~embers and four membe,s of
the public would constitute a Utilities commission. This
commission would pose no particular legal prObl£ms, all
other things being equal.
The Charter provides that all powers of the city shall be
exercised by the council and that the council, except as
otherwise provided in tha charter~ shall -have the power
to fix and establish the method and manner in Which su~h
powers shall be exercised.-Charter, Art. III, Sec. 1.
Additionally, except as otherwise provided, the council
-ma.y by ordinance or otherwise create or abolish offices,
boards~ committees, or comllissions, and provide for their
manner of appoIntment, their tenure, and the duties which
they shall perfora.· Charter. Art. III, Sec. 9.
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Other than 'Workers' compens!;tion referees and a eable
television board... all -wards, eomnissions, and
committees appointeO: by the councilor by any officer of
the city under the provisions of this charter or under
any ordinance adopted by the council shall be advisory
only and shall exercise no qovernmental or administrative
poW'ers.· Charter. Art. 111# Sec .. 2:Z ..
with respect to utilities, the charter provides: -The
council shall establish rates for all revenue producing
utilities owned, controlled, or operated by the City.
Charter, Art. III, Sec .. 13.
ot course, it the proposed utilitIes commission does not
tit within the. above parameters, a charter change is also
a possibility. The key in the Andersen/Kniss suggestion
1s that the comalsslon remains advisory and the number of
council ~embers is less than a quorum.
While preparinq the initial report to CO"-.lncil on standi.ng
oommittees~ staff surveyed several other cities concern!nq their
use of COJUlI.ittees.. within the past few weeks~ staff bas also
contact.ed fourteen California cities wbich have some fOnl of
utility commIssion or public utilities board. As with committees,
there is no common model. The power and duties of commissions
tange froA stronq requlatory authority to limited advisory input.
No precedent could be found~ however,. for a co:m:r:aIssion with a
membership combining elected Officials and appointed citizens.. The
coml:dned membershIp might correct a deficiency noted by several
staff to utility commissions wbom Palo Alto staff consulted: the
citizen members often lack the perspective o£ the council,. and
their interests and recommendations often fail to reflect the
Council's overall goals and the oomple~ financial structure of the
city.
The original staft report (CMR:272:0) indicated that staff ~ould
return to Council in July with an ordinance amending the Ilunicipal
code to indicate the chang-es in the structu:--e of the standin'l
committees and specifying the duties and responsibilities ot each
committee. The Policy and. ProcedUres Committee has requested,
instead, that staff return to the committee for revie .... of the.
charges to the reorqanlzed cODlJlittees or c01DD.ittees/conuaission~ If
the Council directs that a utilities Co-mmisslon, rather than a
Comzlitt.ee on tTtilities~ be established, more elCtensive revisions to
the palo Alto MUniCipal Code ~ill be warrant eo and staff cannot
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VICCtRUD FLEMING ,J
Assistant to the city Manager s!stant City M~ger
CMR:)55:0
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