HomeMy WebLinkAbout0578.000.,
November 15, 1990
THE HONORABLE CITY COUNCIL
PALO ALTO, CALIFORNIA
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Attention: Policy and Procedures Co~ittee
utilities Planning And pqliey A4vlsory coaais.loD
Members of the Council
This report transmits a proposed ordinance creating a utili ties
Plannil'109 and policy Advisory Commiss.ion (UPPAC}.. ThR duties
assigned to the Commission are designed to fulfill the basic
purpose of .advising the Council on utilities policy/planning
issues.. This is done by establishing a broad SlCt of duties for the
COlmlission:
1)
2)
focusing UPPAC attention on questions of longer ranqe
planning aDd. policy in electric, gas and water utilities;
providing advice to the city council on questions
affecting the long-range fiscal healtb of the electric r
gas and water utilities:
3) providing a forum for reviewing and recommending action
on legislation that may affect the City's utilities
operations;
.) reviewinq and making recommendations with regard to major
projects tor consistency with adopted utilities plans.
5) maki09 an annual report to the city council: and
The commission is specifically directed not to be involved in daily
operations of the utilities.
Considerable staff discussion centered around the Council's
expressed desire" articulated at the September Council meeting,
that the UPPAC should function to provide Council with a separate
and relatively lndependent view of appropri-3te utilities policies.
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Page Two
To this end .. 'We chose to define the duties of the UPPAC rather
broadly a You will note that they are obligated to consider the
appropriataness of all acquisition and development of resources.
In addition, they are required to look .!It major projects and
determine if they are in concert with Council adopted plans and
policies. Thirrj, they bear responsibilities in the fastest growing
portion of the utllities--conservation and demand management. As
a ·check-" staff reviewed Council aq~~das for the last two years to
dete.rmine how many Utilit.ies Department items 'Would hi'lve qone
through the. commission, had the above process been in place. More
th3.n half the items, and all the policy/planninq issues, would have
done s-'),.
SCop. of Juriadiction
The ~roposed ordinance concentrates on the three major utilities;
electric, water and qas. The reasons for this recommendation are:
1) These three utilities share a common characteristic in
that they each involve purchased colUloditi.es a
technical and complicated &ubject in itself.
2) Operationally, we r~n a -unified-utility; that is, the
staff resources supporting these operations are combined
in one organi2.ation. For example, we do not have a
separate engineering department for electric, water and
qas. We have one engineering department responsible for
all utility engineering. The same is true for
administration, Dost field services, billinq, customer
services, resource planning, conservation, budqetinq,
etc. In short, these three utilities form a natural
administrative unit. Inclusion of other services will
require "crossinq· into other departments. That will
make the coordination of Commission activities more
complicated.
3) comaission activity is hard to predict at this point.
council can always review this work in a year and add or
delete functions if necessary or desirable~ Focusing on
the three major utilities ~il1 constitute a Significant
challenge in itself.
') These are the only op~ratiQns which lend themselves to
california PUC comparison.
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Page Three
5) These are the only utiliti~s that employ a methodology
designed to transfer money to the General Fund.
Initial costs to orqanize the Commission ~ill be minimal.
Technical support for commission activities will come frOD existing
utilities Department staff. Additional clerical support will be
required alltost b:Ullediately and will be required throughout the
life of the commission. OUr experience with ether commissions and
Boards is that one-half to one full time clerical person will be
required. Conshiitent 'With our normal practice" 'We vill add
clerical assistance incrementally as required. As report writing
and teclhnical/planninq material is needed tor cO'DIlI!ission use, it is
possible that the need for additional professional staff will
arise. This need will not be known until the commission has been
in operation for some time; however 6 this need should not exceed
one full tt.e person.
Additional funds for operations will be required. These include
supplies 6 travel expenses l special materials 6 advertising/notices,
etc. These costs will be programmed into the next annual budget
and should not be hiqh.
Attached is a packet of supplemental inforaation useful in
reviewing this subject~ Included are copies of memos, repcirts 6
minutes and telephone interviews with a number of cities now
operating siailar Commissions~
IacQM !HICS.tiOD
It is recommended that Council adopL the attached ordinance
establishing a Utilities Policy and Planning Advisory Commission
and settinq fo~~ its duties and responsibilities.
Respectfully submitted,
().J i. u.m'r1\.-~
WI LLIAM 7.ANER
City Manager
Attachments
CMR:57B:O
COMMITTEE REVIEW VR.'I.}"'T
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CIT'! OF PALO ALTO
AMENDING TITLE 2 OF THE PALO ALTO MUNrCIPAL OOOE
(ADMINISTRATIVE CODE) TO ADO CHAPTER 2.23 ESTAB
LISHING A ~~ILITIES PLANNING AND POLICY ADVISORY
COMMISSION
WHEREAS, the City of Palo Alto provIdes elec.tr-ic, gas,
water and other utility services to its residents and other
customers, and
WHEREAS, utility matters often involve complex, te~~ical,
enviroruaen.tal, financial and other considerations, particularly
with respect to electricity, gas, and water commodity purchases,
and
WHEREAS, the City Council has dete:-mined that operation and
manaqement of the City's electric, gas, and water utilities .ill be
improved by establishment o~ an advisory commission with responsi
bility to review and advise the City Council upon specified utility
planning and policy matters.
NOW, THEREFORE, the C~~cil of the City of palo Alto does
ORDAIN as follows:
SECTION 1. Chapter 2.23 is hereby added to Title 2 of the
Palo Alto MUnicipal Code to read as follows:
Chapter 2 .. 23
C'UU'l'IJrS PLUIIifl:lfG AlfD POLICY ADVISORY COKlUSSIOlr
8ac:tfonl!!Jl;
2.23.010
2.23.020
2.23.030
2.23.040
2.23.0S0
2.23.060
Membership.
Manner of appointment.
Term of office.
Officers.
PUrpose ~~ duties.
Meetings.
2 .. 23.010 XUlJ)er.bip.. There is created a utilities
planninq and policy advisory commission composed of five members
'Who shall be appointed by and serve at the pleasure ot the City
Council~ but who shall not be Council Members I officers or
employees of the city. Three members of the commisslcn shall be
public members who shall be both residents of the City and utility
customers. One member of the commission shall be the business
member who shall be a non-residential customer or its rapresenta
tive but who need not be a resident of the City. One member shall
be the teChnical member who shall be both a resident of the City
and bave demonstrated experience or technIcal expertise in
utilities or a related engineering discipline.
1 COMMrITEE REVIEW DRAFr 9011 U Q 'OOS(X)7J.
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COMMI1TEE REVIEW Dun
2.23.020 ManD.r of appointaeDt. The follo~inq procedures
shall be followed by the City Council -.hen fillifl9 vacancies. on the
utilities planning and policy 3dvisory commission.
(a) Following notification of vacancy or pendinq vacancy
on the utilities planning and policy advisory commiss1on~ the ~ity
clerk shall advertise the same in a newspaper of general circula
tion in the City, including the council agenda diqest, four times
within two weeks.
(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~ N'otwithstand
iIl9 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 durinq which the city clerk shall accept
written nominatiorls and applicatiO::l"'1s of nonincumbents.
(e) The city council shall review all nOl'dnations and
applications and conduct such intervielll's as it deems necessary
prior to selection.
Cd) Final selection and appointment shall he made by the
City Council at a regular City Council Ileeti~ after the period for
submittal of nominations and applications has expired.
2.23.030 'l'erm, of of Lie.. The term of office of each
JDember shall be four years or until his or her successor is
appointed. The initial terms of the three public members shall be
four years, co~encing on June 1, 1991. The business and technical
members shall have initial terms of two years, commencing upon June
1~ 1991. Thereafter, the commission appointments shall be
s.taqgered so t.hat three members are appointed at one time~ and two
members are appointed at one time two years tbereafter.
2.23.0.0 Officers. The commission shall elect one of its
members chairperson~ The chairperson shall hold office for one
year 4nd until his or her 5UCCeSs.or is elected~ unless his or her
term as a member of the commission expires earlier.
2.23.050 PUrpo •• &11;4 duti... (a) The i!'urpose of the
utilities planninq and policy advisory commission shall be to
advise the City Council on long r~nge planning and policy matters
relating to the electric~ gas and water utilities, excluding daily
operations.
(b) The utilities planninq and policy advisory coamission
shall have the following duties:
1. Advise the city Council on planning and policy mattars
pertaining to:
2 COMMITfEE REVIEW DRAFT 90111' I;p 0IlS001S
COMMl1TEE REVIEW DRAFT
a. Acquisition and development of electrical, qas and
water resources.
:b.. Joint action projects with other public or private
entities Ybich involve electrical, gas or water resources ..
c. Environmental implications of electrical, gas or
vater utility projects.
d. conservation and demand manaqement.
:2.. Revi'2w and :make recoIlmlendations to thefina1fC~ committee'
on the consistency with adopted plans and policies of major
electrical, gas or water utility projects.
3.. Report annually to the City Council on any matters
relatinq to electrical, gas, or water utilities.
4. Formulate and review legislative proposals regarding
electrical r gas and water utilities.
5. ?rovide advice upon such other matters as the City
council may from time to tis. assign.
The t:.tilities p1annill9 a.nd policy advisory cozruaission shall not
have the power or authority to cause the expenditure of City funds
or to bind the city to any written O~ implied contract.
2.23.010 .eetinqa. (a) The commis~ion shall establish a
requ!ar time and place ot meeting and shall hold at least one
reqular meeting per month.
{b) Three of the five members shall constitute quOrum4
(el The commission may establish rules and procedures
qoverning the conduct of its meetlnqs4
Cd) The commission shall be subject to the Ralph M. Brown
Act, California Government Code section 54950, ~ ~4
SECT2ION 2. The city Council hereby findS that this
ordinance is exempt from the provisions of the california Environ
»ental Quality Act pursuant to section lS061(b)(J) of the state
CEOA Guidelines because it can bEl seen with certainty that there is
no possibility of significant envlrcnmental effects occurring as a
result of the ordinance.
SECTION 3. This ordinance shall become effective upon the
commencement of the thirty-first day after the day of its adoption.
3 COMMITTEE REVIEW DRAFT POll J.j tp OOSOO1S
COMf>mTEE REVIEW DRAFT
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSElIT:
A'!TEST:
city Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
City Kanaqer
Director of Utilities
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APPROVED:
Kayor
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COMMITTEE REVIEW DRAfT
Contents
1. Staff ReportS
Council Standing Committees
and
"utility advlSOl)' board"
Background Information
CMR:272:0 CoonciI Standing Com.'I1i1tees 4/26/90
• CMR:355:O Council Standing Committees (Supplemental Information) 6/7/90
2. Discussion at Council and Committee
Council memorandum refermg issue to CGmmittee 1/3/90
Council minules (excarpl) 1/8/90
P & P Committee minutes 5/1/00
Council minutes (excerpt) 5/11/00
Council acIion 10/1/00
3. Infconation regarding oIhef Cities' Utirrties Commissions
Notes from Phone C8J1s to 0Iher Cities 5/24/00
• Surr.mary of Structure and Powers of Tnirteen Cities' Commissions 6/4/90
~ ~
April 25, 1590
tHE HONORABLE CZTY COUNCIL
PALO ALTO, CALIrOlUlIA
AttanUon, Policy an<1 Proc.~"uru Ccmmittae
OpUncil standing committe.,
!luben of the Council •
.;: Int;rML'et i on
nl Council, on January " 19 irO, reterral! the 8\!l:>j ect of the
~il .tanl!ing committ.es organi •• tion to the Policy and
"Procld1.lre" Committ .. for discussion an<! instructed .. taft to provide
."9gastions for improving the .tanl!inq committ ••• yst.D.
council cit.d Beveral Observations a. it. ba.i. for this action.
Significant change. In ar •• s of City emphasis hava occurred since
the pre. ant committee structure was .ltab11.he~; a. a raault# the
responsibilities and time co"",itaent. of t:he two committees,
Finance aM Public Works co"",itt.. an<! Policy a,,<1 Procedur ..
C'0lMI1tt •• , have become 1mbalanced. Moreover, the heavy agendas cf
the rL~ancI and Public Works Committ.e have .ade it difficult to
give certain bsu.s. such as long ranq .. planning for uUliti .. , the
indepth attention they d •• aeva.
Staff d.alt with thb a .. igMent in the follOWing .anner. The
cozaittees' agendas fer the past 16 month_ were rev1ewe::5. :Note Wllli
.ae!8 of the frequency of .eeting •• the n~er .nd nature of items
refarre<1 to the committ ..... an<! the it.,.. remaininq in committee
fcr ongolnq .tudy. Other juri.e!ictions were .urveyee! concerning
their .... Of co .... itt.u .n<! the League of California Cities
res.arcb .ervice val consulted. V&rious alternative. were
evaluatee! t~ determine w~~t improvements could b. recommended for
Palo Alto'. commItte •• ystem.
ltafl 'e recOlIIlIIen<!ation. whit:h 111 explain.1S In the following
db"" .. ion, 1. to reorganize the rospon.lbiUUes of the two
existing committee. an<! create a third committ •••
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anAly.is
~. definition cf • standing co~itt.e 1s a body that i.
con8titut6d to pertorm a continuing function an4 rezain in
exist.noe permanently cr for the lit. of the a •• embly that
•• tablishe. it (Robert's Rul •• of Order.)
standing Comrn!t\ •• , in Othar Citi.s~ rhe tcllowinq naarby cities
w.r. consulted: CUpertino, ~I Altos, Les Altos Rills, Menlo Park.
Mountain Viev, Redwood City, Santa Clara and Sunnyvale. Throu9h
the League ot california CiUu, into .... tion vas also o~tllin.d from
the cit! •• of Anaheim" .ark.ley, Fremont, Fr •• no, Garden Grove"
Glendale, Huntiniton leach, Long laach, Los An9 .. les, Jlodesto,
Oakland, Pasadena, Re4~ln9, Riverside, Richmond, Saeramento, SAn
C1e9c, San Jose, Santa Ana. Santa Cruz, Stockton and Terrance. The
cities having council standing co_itt .... have .y.te... ra"9'1"9
t .. om one co_itt .. (CO"pertino) to fitte.n (Los Angele.). Th ..
;'m""" .of council .ezbera .ervini' on a committe. =anq. from two to
.~=.
In t ..... of areaa or r.sponsibility, there i. a surp~isin9 l&ck of
.imilarity .... ong' the various ciUn' .. tanc:lino; cownitteas.
MUnicipaliti ... tene:! to crganize their committe. structures a .. ound
the particular neec:ls and characte .. isti". of the co_unity. This is
particularly true ot those cities with a large number ot standin9'
co .... itt.... (Examplea ct such COWICU stancHn9' committees are
Convention Center co:m:llittee, Cable Televi,ion Committ.ee, Water
Conservation committee, Chll~ Care Commltt •• , Economic Development
CO .... itte., Neiqhborhoods Committe., Recyclin; committ •• , Airport
Co .... itt •• , Port committ ••• )
Whil. Palo Alto has 1ntere.ts In aimilar type. ot a .. eas, the city
bas o .. ganizationelly dealt vith them in a diff ..... nt .anner. Fo ..
example, .everal year. aqo the Council'. concern about child care
.... sultec:l in the establishment of Palo Alto Community Child Car .. and
lat.... the Child Care rask Force under the auspices of the Human
Relations Cowni.sion. Similarly, the Council's inter.st in
".cycling 18 represented th .. ou!1h the War on Waste Committee. Ther.
a .. e aany such instanc •• Where Palo Altc 1. focusinq attention en
area. cf apecific Intere.t to the Council, and qainin; the
participation and .xpertise of resic:lonts and volunteers as vell.
Iy .. ana of Council Kember liaisQns to th~se various 9roups, the
Council 10 able to ovarsee their activitie. ",ithout taking on
C02IIaitt ....... ponsibility it .. lf. Thio approach works vell for Palo
Altc and statf r.co~end. that it not be chanq.c:I.
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7be i •• u. area. Wh.re Council'. direct attention v1a the atandin9
committe. atruct~ra would be .o.t b.lpf~l ara alraady •• tLblished
in the Palo Alto MuniCipal Cod.'. (PANe) ch.~o. to the Finance and
Pul>Uc Worlta Co=mithe and tho Policy and Proc.dur .. COMitt ••.
(Ratar to the attached excerpts fro. tho PANe. Sactions 2.04.250
and. :I .04.alO.)
Cit1oi. Vbich have .. ve .... l atanding co=mittou vanerally do not have
.. aqularly .~ •• dul.d co=mitt •• a.ating.. Th. committ ••••• at only
.. n.c .... ry. Th ... cities .. eport experienCing" problem. with
committea attendance ond a les •• r laval of interelt and commitment
by the committee .ember.. Their council ~.mber. express coneern
, .bout "being" apraad too thin' ane! thare are compating demands for
ad.quata ataff auppert. Palo Alto has .voided .uch probl ••• by
having" • .Ingle .taMing co"",itt •• Bemberohip for aach Council
. ' Meml>er and bolding requlllrly achedulac1 ••• tings.
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',pt;bCr ,tnt'q!" CUrrently Ava~l,bl' to t;h. cOYOSil. The Council
~ntly baa alternatives availLbla to use wben it believe. the
requIar Council a.eting an4 the existing council .tandi~g
committee. ara net ... itable arrangement. for dealIng with a
apacific las .. e.
From t!Jae to time, Council use!l ad hoc committe!!s. The MUniCipal
Coda provides. In addition to standing committees the Mayor may,
aub:!act to approval of the Council. appoint aucb other spacial
committees of council_ember., private cit!:ens or both as deemed
d •• irable and nec •• sary to assist and advi.e tho City Council in
it. work. (PANe Sec. 2.04.230 (4)). An ad hee. or .pecial.
co"",itt.. is appointad. aa the need arI.... to carry out a
.pacified task. at the comphUon or Which (generally. upon
presentation of it. final report to the CouncU) it automatically
eeaa •• to exl.t. Roberti. Rules of Order recommend. that a epeelal
committee ohoul<l net loe appointed to po,.!orm a task within the
••• igned function of an existing standing committ •••
ta.. freq\1ently " •• d by CC>U.'1cll at the p ... nnt time is the
eomrn1\t.e of the Whole. By use of the committe. of the whole, a
I>ody can designata aU of its IInbe,.. pr ... nt to act .. a
committa.. Particuhrly in • l .... g. I>ody. thb provides a
convanient lIethod Of considering a question wben it is desired to
allow .ach Bember to opealt an .. nli.ite~ number of t1_e8 In debate.
The parliamentary .taps in making us. of a committe. of the wbole
are ••• entially the aame as these involved in referring a aubjeet
to an ordinary co .... itt... The Council votes to go into a committee
of tha Vbole, a choirpa .... on of the co,.,.i nee h appointed, the
committ •• consider. the referr.d _atter and adopta a report to ~.
ClIIB272:0
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.. de to the Council, then vot •• to -ri •• and report·, aft_r which
the 0....,.1 ttea ohairpneon pr .. enta the r.port an~ the Co"ncil
con.id4rs the committee'. r.~oam.n~.tlon.. A .1apler version of
the coultt •• of the whole i. MO,""" •• the RUa'i eQM.1ttte Cot the
!o'hW. The Kayor does nct appoint a chairperson of t.h. quasi
co_Utee, ~ut re .. ains in t.he cllair himself t.hr""'ihout 1 ts
proc •• ~inq.. According to Robert'. Rul •• of Order, thl a~vant,qe
of •• lecting a different ""~air for the commi~te. of the vllole 1. 0.,
t.hat, ~y ~elng disengaged froD any ditficultie. t.hot aay ario. in
t.h. committ •• , t.he presi,Ung officar of the body .. ay ~ In a ~.tter
position to pr •• ide effectively during the final cQr~ideration ~y
the body,
A recent eXllmpl. of Council'. 1.1 •• of the com.mitt •• of tha whole was
during consideration of t.he city'. financial .... ources and t.h. need
to •• ko n;Suctiona in .. tatt and programs, n,e option of ... tinS' os
a committ •• of t.he whole 1. alvay. availabla to Council vhen it
~ ~elieve. it to be the profer.od .onner for d •• lini with an LsI"e,
Itaff do •• not rec.ommend that the c:omm1tt •• ot the vhcle atruct.ure
~e consi~ered ae a roplacement ter the Ixisting councl1 Itandinq
committees. Requiring L~. rogular participation of nine Council
Kembers in committ •• discus,ion would cU,courlqe the J):roduc::t1ve
informal dialogue that typifies the current o~anding eo_itt .... and
pro~LCly net exp.~ito pr~lem solving or tho proc ••• in genlral,
It 1. i.portent to drew a distinction here ~etveen tho committ •• of
the ¥bole and t."!. Council ,Wd", '.,sioD. St~dy •••• io~s, which are
".ually .0h.d,,10d for thea tiret council .o.ting of eaoh ... nth,
provide a opportunity for council to meot vith staff and/or its
advisory committees an4 comml&aion& an~ discus. an 1 •• ~. or are. of
inter.st in depth, Frequently th ....... ion. deal with items that
will be sub.equently agl"dizlc5 for action at .. r~lar Council
••• ting. The Council cannot .ak. ..otions, call for .. vot .. , or
otherwb. take oeotion durinq " It"c5y .... ion. Kinutes are net
taken when th, Council meets in Itudy •• saion or a. a committee of
the whole J however a brief synopsis ot ~e purpose of the 2ee~inq
b preparad.
X041fyinq the Existing couneil Standing Committ."
The existing council .tandinq committe •• truct~e u.ed by Palo Alt~
U well-founded. CO'lolncil Members are able to consider and d.,isc'Uoas
porti.,."lar hsues in depth and havI • qreator opportunity to
foraulete .olutions and recommendations. rhe committee 5trueture
enGles .taft to respond to questions and provide .c5~i tional
into .... tion betore the final report on an item i" pre.ented to the
full Council. The committee setting often affords an .""'oopher.
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conduolve to voz-ltin'1 vlt11 citizens to r .. "lve difficult !asues.
the ainut •• ot the atandinq commItte •••• tini8 e"able the balance
ot tile COlmcll to benefit trom the co_itt .. diac:uuion, thus
e"pditin!l decido"",akinq by tile full Council.
A8 COuncil not." when diz-ectin!l that tile exlstin9 committ •• syste.,
be examin.", the Tinanc. and Public Works Committa. and tile PolIcy
end. Proceduz-e. Committee no lon!ler carry eq-Jal workloads.
Xoreever, the heavy eqenda. of t.he Pinance and P\.1l:.lic W"orks
committ •• &ake it difficult to .ch."~le a thorough discussion of
certain i •• ue. that are vitllin tIIlt committee'. purview and tIIat
warrant Council atte"tion. .-A .further burden was au ...... " by tile
Tinance and PUblic Work. Committee followi"g Council'. selecti"" of
·Pal .. Alto's Econ9Jl!ic Futur.-as • 1929 Council priority, when the
committ •• "ave 1 oped an active in-committee ago"". to a ... mble a
b •• e ct information to 9Uid.e tuture aconomic "acl.10ns. ~o "ate,
a comparable r •• ponsibillty ha. not been given to the Pelicy and
Proce~ur.s Committ •••
In developing a recommenc!.tion, ataff sought ways to rectify these
probl ..... anc! still .aintain the featur •• of the current structure
that work "ell. A third: atanllin!l committee could be r .... onably
eccommoc!ate~ with existing Itaff resources although it will impact
the City Clerk'. ability to produce committe. minutes within the
present three-to-four weeks turnaz-ound, ~or. than one acl:ditional
cocmitte. would. "efinitely diminish the quality of Itaft support
available to the Council. A cav.at relatoll to establishing any
City committee is that staffing Is e.sential. Committees cannot
function efficiently without a ataff lialso" and clerical support.
The ede!ition of any co ... itta" ae!d.a a .tatting woz-kload. ataU
typically assist. the committe. loy provie!inq information, doing
res. arch, arran9in9 •• etinqs, noticing meetings, taking Binutes,
pz-eparing reports, developing a 'lend •• , an~ monitoring the progress
of the co:.m1tt •• 's 'Work. The dOCm2lentatlon. associated 'With
ad.ditional committ.e. alIa .4d8 to the de~"'d. on z-ecords
man.ghent and stcnq ••
A8 a z-esult of analysis of the numbez-and nature of the items which
have been aqenc!izell tor tbe two exi6ting standing committee. ever
the past 11 montha, staff recouenc!a that two general IIreas be
reaovall from the Charge to the Finonce and Pu~lie Works Committe.:
1) putlic woz-ks and 2) utilities. Iaoues related to public works
would. 1>. all:de:! to tha responsibilities of the Folicy anll Procedures
Coaaltte. and. utilities i.sues would become the purview of the nev
third stendin9 committ... rhe existing cOlmittees woule! ". ronamed
to retlect the modified z-esponlibilities. rhe thrae committees
Would. be 1) Finance, 2) Policy ane! Services, and. 3) Otl11ti.s.
CI!R'272,O
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Pogo ,
avestions bave art •• n about whatber incr •••• d. attention It tl'le
.tanding ccmmitt •• level .hould b. d.votad to varlou8 other area.,
~ecltical1y 11 intorgovernmental a~d rogional rolationships, 2)
peraonnel i •• u •• , en~ 3} 1.~i.l.t1on. Staff do •• not recommend
turther chanqlng the charg., to the committe.. for tho toll owing
rea.ons. 1) Intorgovernmental relation. i. already inclu~.d 1n the
cbarv-to 'the C"tJrrent Policy and Proeed:ur •• Committe •. However, to
oa1ntain the COWleU'a .".,1>011& on thi. aua Co Couneil priority in
19B8 and 19B'>. council could direct that it become a practice once
• oonth to apecifically place on the Council meetIng egenda oral
reports trom Council Heml>or del0llot .. to tl,e various County and
reglenal I>cdhs. 2) Tho variouo tacot. of per • .,nnol i ... ..,. are
appropriately considorod in three cemmitto.. alr •• dy: the
Council/CAO Committe. han41e. per.or~.l i •• ues related to Council
Appointed Officor.; the Policy and Procedures committe. is
r.~rons~l. tor iasu •• 1n the ar ••• of administrative procedures
and hWDaft .ervice.: i •• u •• of .. tatfing level .. and salaries are
l>&J>dlad~y _the Finance Co_itt .. during the budc;"t process. 3)
.,~ to the program rell.uc:tionl of the 1988-89 thcal year, a
Council Lac;is16tiva Committee uiUlarly oot end prepared
raoommenclations concerning .tate anll. federal hgialation. An
.ff.ctive .1Jbst1tute for thi., it C0711iderat1on of legislation at
• committ.e rather than Council level i. desired, 1. to t .. cuo on
the s~b.tanc. of the legislation and rafer it to the appropriate
.tandinq committ.'1 e.9 .• bills concerninq fiscal aea5uras to the
Finance Committe., bill. affecting provision of utilities to the
Vtilitie. Co"""itt .. , and all othus to the Polley and Sorvices
committ •••
Vtilities Committee. The justific:atlcn for the Vtilltl05 standing
commit to. i8 vell-5t.tecl in tho •• oKcarpte from tho Futuro paper
prepared by the City Hanager (January 16, 1990).
The qu •• tion of the lonq-range o"ono",ic and operational
soundness Df our utility .yotem should becomo a high priority
of the Council, one in vhich the Co~ncll d.bato. and a.ts
policy directly. To thi. end, Council noeds to take a o~re
active role in thl! long-ran .. _ policy settinll tor all utilities
(I'. 17).
(Palo Alto) is linked to the Northern Calitornia Power Ac;eney
in a numJoer of important vol" and our parti"ipation ang
leadership, as tb~ .econd larqest member of that &qency, 1s
crucial. That leadership-must come directly froD! the Counc.11,
•• • r.sult of caretul and thoul/htful debate on issues of
importance to Palo Alto (p. 18).
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'. .age 7
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Delegetion of policy di.cus.ions to othera ia not an
acceptable alternative. To this end, Council ahould consider
restnlcturing its co"""itt.. Iyot.,. to provide for an
additional standing committee on the utillti •••••• th. health
of the General 7Und i. determined to a lar9' extent by th~
policies pursued in the utility are •• and, consequently, L~e
Council n.eds to t~rn its attention to this &att~r a •• oon as
possible. While it •• 1' aee: convenient to establish •
separate body to deal ~ith Ctillties, it is my conviction that
the connection between the. general functll:m of t...,. city
govornment and L~e utilities i. funda.mlntal in thi. r.garg,
eng that this i. a responsibility the Council .ho~ld a.a~~
.~rectly (p. 2C).
HIIUnq Thin. The Jluni"ipal Cod,. atates that the Poli<:y and
Procedures Coa.mitt •• Ihall meet on the first tuesday of each .onth
and the Finance and PUblic Works committee ohall .eet on the s.cond
. TIl_day of each month. (PAIIC Soc. 2.C4.24CI. practice b that the
.~ _ .l'rocedurea COllllllitt •• meets on th .. tint and/or third
~eaday and the Finance and Public Work. Committee ••• t. on the
.acond and/or fourth Tuesday. Th" Finance .nd PUblic Works
Committe. has frequently Slet twl" •• ,"onth and undoubtedly "Hl
cantinue to re:;uir. that n.Kibllity. With a third ca,.,.ittoe,
iOtaff reco...,end" that the Code stipulate L'l. third Tuesday of each
month be the regular ••• tins date for the tltiHties Committe.. The
fourth Tuesday would remain available for additional Ipecial
••• tings of the atanding committees.
Committee Membership. The Municipal Code. .tate. that the Mayor
shall appoint four COuncil Members to each of the two atan,U"",
committe .. s and that the Koyor .oy a<:t as an ax offiCio, voting
.amber of each committee. (PAMe Sec. 2.C4.230). In practice, the
Mayor participates i!> the committe •• only 1n the ab .. ne .. of a
regular co~itt.e .ember. The Charter of the City of Palo Alto
(Article III, Sec. 8, attached) specifies tho duties cf tho Hayor
and also states that the Ma)'or :may act as ex officio lIIember of all
boards. c:omaissions, and committees. The council has .-eparate
charter authority to create committees. In tho opinion of the
Acting City Attorney, nething precludes the Co~ncil from epproving
U* Jlaycr as a reqular me.mber of • sta.n<1ing commit.tee ..
In revising the standing committee membership to accommodate L~e
third committee, Co~ncil has at least three options. One cption is
to ... i'1" three .embers to eaeh eo""itte., .lUng the Hayor a
•• aber of one of th. committees. A •• cond option 1_ to .a1ntain
the pre.ent four .ember ccznPQsition of the committ ••• , and &laO'
•• intain the .K officio status of the Mayor. Four Council Members
would therefore aerve on more than ene commit:tee. A variation of
!IJI!II!lII .... --------.. ----
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't.b ••• comS option would. be t.o 1ncl uCS:e the Mayor ••• _amber of one
or aore cf the four-B.mber cou1tt •• s. In any event, .'taft
nc<>maInd. that tho Council'. delegate to tho IIDrthlrn Californi.
_or AWlney and the '!'ran..,i .. !on Agency of Northe= Calitornio
alvay. be appointed to the Utilities committe.. Staft recommends
the thr.e ~.mb.r co~~1tte. option with the Mayor •• rvinq on one
coaaitt ...
tm'mtntatigt;
Following Council'. direction concerning tho r •• tructuring of the
couneil Itanding committ •••• Itaff "ill return to COlUlc1l with tho
DeW charges fo", the co"",,itt ... and tho recommended chang ... to the
Palo Alto Municipal Code.
Aasuaing that Council diroction occurs in Juno. Itaff anticipates
returning to council in July with the ordinanc. ..,ending tho
.~cipal cede. The cede ehanges vould thus become effect1v. in
Au~.t and Council would have the option to implement tho reviled
committ •• structure in September following the Council vacation.
Bts9PP"cn4§1;ioo
staff roco_ends that the council direct .tart to prepare an
ordinance amending the MuniCipal Code .a follow.:
1. Add a Committee on Utilities,
2. Change the titles of the existing committees to the COlIllIIitt ..
on Finance an~ the committe a on Policy and servic •• 1
3. Specify the charq. to •• ch committee. and
4. Designate that the membership of c~ch co~~ittee shall consist
of three Council Members \..-ith th,: l!a~!or also .ervinq en a
cOllUllitt ...
Respectfully lubmitted.
tI~~~
VlCCl ~~
Aall.tant to the City Manager
Attachment
CIIR:272:C
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WI LLIAl! ZAND
city Manager
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~T -PALO ALTO M\JNICIPAL~
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COUNCil ORGANIZATION Al\ll PROCEDl!RE
10 aroy of she S\lbordinatu or th~ ti'ty DU;IUISeJ. either p'Ublid)' 01 pOl/lrdy.
(Ord. 345812 (pm), 1983).
2.041.220 City 1M.'1=-,t"T luthoritrd' to pl'QC'H5 roundl m:liJ. Any wrillen
commurueation~ napl :Inonymous eomspond'enec, books, and pubue.a-
60115, Iddressed to the cjty c:ounci! shaH ~ reproduetd ,nd' distributed! to
th~ city council. ThOSt items not reproduetd shan bt tirculalcd to ccunci1-
mtmbe'l$.. Tbe" dry man,,!:r is authorized 1'0 n~jve and open all mail'
Idd1!'~d 10 the cit)' council Md Ji~ it immedillc Il!entior. 10 the end that an Idntirustt.ative busineu uferred !e m S\loCh ccmmuniw.:tiDflS .nd not nects
uriJy nquirina cour-cilletian nuy be dispostd of belWHD council meetinp ~
provided that, council'mtmbm shan re~j\lC'. in lh~ nUl council pacht • .rter
receipt cr any such eommunka1ion addressed 10 the efT)' council. a cor)'
or the tommunic-,tion with .I notation: em it .dvmn, c:ounc:ilinemben li'.;t Ita« will nspond: Ind. pr:'lvided fVme-r. tmL in a: JUfn.equcnt council
]lKbt. counci!members sh .. n lCtd'lIC' a CDpy or ,,-~:y such suff t'e$pOD5e' ~
tlIat an letiCIns taken pursuan! to such C'omm\J.nic:ations shiD be reptmed to
Illecity co~nrillll .... rt.r. (Ord. 34f8 I H~r1). 1983).
2,04.230 St:lndinl commitTtfl -Spetiolil conuniltea {,) l'o~ bter thin
the 1C'C'~nd ftlutar meetil'!IJ of mil' I»un~ in Jl1"Iuary, the mayor shill
appoinl fli,'o sundir., commillnl.. cDnsistins orfow memben each /rom the
memben of the council. The mlyor shan appomr nell couZ'lcilmember to
only one mndin& cemntittce-.::Ie! .ma1l appoint the c.":Iairman of uc.h com
mittte. The mayor, or L'"lf Yic:~ mayor It the ~Que.st of lh~ mayol~ may aCl
~ an ex omcio. wotin, mem~r orel~h tommiuet.
(b) he standL.'J! commi1tt'n shan be dtsllnJred, respectively. c:o:n~
mitlee on r""an~ Ind public works and committee on poliC)l Ind
proc~dures., If! d shill meet It 5e'V'Cn-Ihirty F.Dl. in die ciry hall on the dOl}'
.. "bEshed by Section 2.04.240,
(d An colJncll memben shaD bt e.nQ)UTlI~d to atrend mettinp of
commjttees or Which thfY I~ nor mtmbm, but on1:; commiuu members or
ex artiao committte members slun vote in commillee in aCC'OTd'anee ... ·ilh
subsection ell or this sec::tion.
''0 In Idd.ilion 10 r.-11"ld'in& c:ommittet.S the-mayor may, subjett to
appro\1I1 of the COW'ldl, Ippoin1 sud!. other specj~ committees of council·
memben. private ti1ize-ns Dr both .. , deemed d'esirabJt and necrsSOlol')' to wist
and advise Ill. city eouncil in ita work, (Ord. 34861 ~ (rm~ 19S3~
2.G4.l~O Sundin, commiUH Fl'otl'dur.d ruJes. (;I} Re,rubr meetinp.
Each rundjn. committe shaD meU once per mOOIth on their deslsruued
mH%inl ni,hI.1 t.t\'tn-thirty p.rn. 11 the-aty tid), The poJjty l1'Id procedurC's
committee shI!i mel't en the rlt"St Tl.:Icsd,,:y or l'leh month and' the: rUW\t'C'
and pubue worb ccmmitzee stml meel Oft the letCnd Tvesd.ly or each
muntb. When additional mnlincs .In necelSU)'. the-chairmln or ead! com
minee may c.aD' a spt:ciaJ meetinJ-1S provided in subsection (b) Dfthts It;tion
25 ( ..... Allo ..... 1
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2.D050 ADMINISTRATIVE CODE
(b) Special me~tin;:s, S~c:jal meetines Dr ,u,ncUnl committees mlY be
antd b)' tht chairman with the con~nl or. majority or the committee',
m ... mMrl. but I specW meelin, SoC c:a!1ed s1WJ be be!eS at al)' Jut!. or O!heT
locations j{ appropmle. and forty--eiEht houn" notice must be-,liyen to f'/C'ty
tounci]member.
(C') Q1Jorum. A majority or the commJt:ct membtnhips shaU con
ltitUlt I quorum.
Cd} Referrals. Refnnls 10' th~ stsndin, (OmminlC'H shan be-made by
the c:ouncil. hC'ms may be withCll'iwn Crom the r;cm:roiuee and u!te-n up (or
tonslduation by tht rouncD ar.any council mClC'tin, with the CC'nHn1 of I
'lmjorit)! of the colomdl.
(II:') Funttion or eommlttees.. The pUJ'POSf 1114 irncnt of commjnee
mtttinp is 10 provide for moTt Ihorour:b and dtta.l1td discussion and study
of prospc~tive: or cumnt cO'Uonril 1jtt\;Sa: ih1nl ";t1l • ruo and c:om~l!te
J.irinl oC If] ~ntimeftts and upressio.n.s. or opi .. '1ion on city problems b)l both
t1le counQl and the public, 10 the-e~d WI council action .... rn be expedited .
.... clions. o(!he committel! shall be advisory Ind r~commend.atOfY only_
(0 Minutes. The officlC' of the-city clerk sh:.n be m~ns.i'btt: (pr the
prepuatieD and distribution to' the council of the minutes of sundin;
comm.illee mettinr:s. The minutes £Iud not l>e \'ubatim but 1h.al1 nne:::!
the Stnlot of the discustion and an)' rtcomrr.endaIior. ma:lr with re!.pC'ct 10
Gt:h Sl.Ibjt'Cl considered in commit I,". The minute-So shaD be detl:\lercd to III
eoundlmtmbm be-rote the council meetin, al .. hiC"A the comminee's n~om·
m Cl'ld.atiQns arr to be discussed.
(11 Repon of committee. Th~ ntinutes of ~,b committee me-ttin,. shJD
SHYe .as the Tepon to the counc:D An)' member may wri1t I IoCparate report.
(b) A,end&. The dWrperson of nth lundin, commit1tt 1!u.D p.rtpart
the I,endl tor commi11et metlinp. the seQ.~cnce of JUu!)" ~I_ willtin
reasonable limits of prac:tic.aii1Y, due ume.as t1It s.equencl' oC referral. en Conduct of It.andin. ccmmiuH meetinp.. The chUrma.n of neh
committee may (ond\lc! l'fIeetin,s with IS much inforrnOl.!iry as is ~Clnlistent
yoith cc\mcll parli.1mentary rullC'l-, "'hidl shlD aho t-e in effect in cem.mittee
rneetinlS. The vieW'S or intel'estelf ;trivIa ciwens may be be.ud in CQm"
miltH mHtinp. but in 00 c.ase ahi:D I commiuee metti~, be used 1.$ I S\lb
rJtute (or public hearinp required C)' law. In the event thai' ccmminee his
under study I proposal that will later bt subjtct of I feQ.uired p" •. !'blic be-arin,.
llIe committee slaD make-flO re-;;orr~e.ndiltion untillf1er Ihe public hc.arin~.
lOrd. 348812 (pan). 1983).
104.250 Commiu« on Ii"~nef. .nd 'pub~ works.. 11 shan be lhl! duty
or the (ommin« on finan~ and pubfic worla to tonsidel and make rtC'om'
mudaliens Oft matten refened to it by the council relating to public: .........
'Utilities, (mance, bud,et.. appropriations, ludiu. catlillr impToven~cnt funet
lSSfSSmut districts, .nd IC'ncral obliptien bond issues.. (Ord. 14SS I ;:
(port), 1983).
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COUNCIL ORGANlZA TION ANt> PROCEDURE
2.04.160 Commlu .. OD poIiq and P_\U"H. II III&IJ be tile dul)' of
the comminee on policy and proctcSures kI eonsjder ar~c! mlb recommenda
tions en mitten rdem4 10 it by the counci! rrlatinll to parlilmenLl1)' and
Idminittrltive procedures, pbr.nina and' a.onln" traffic an d pJ.."kmI. inrer
lovem." ... W nbtions, parks. tibnries, ~tional fadlitie> • ."d III buman
ser.i .... (Ord. 3488 I l (JIart~ 1983~
1.04.110 CoomdI rep ....... ,;. .. OD ,"ri"", pub!ic bodin. Whm any
member or members of the ~U1IciI Ut appointed by Ole mlYor to represent
thtl!: city on eounty. 1fU. district or lUte boards, commi«Cti or comm.is-
s30ns., sudl IppoinllCS: mem'bcr or members !baIl be the duly ay;thDr'':'~..d
:rci'resenlltives and' IPOlespenons: ror the c:it)' eot.mc:iI Of!; or before such
bocfies Illd DQ other COUn cil1'Mmbu sh.aD tpfak u the CO'olnciI'li represenu
tiv, and In behalf of til. cil)' co .. ,ciI bel"" such _ .. und or penalty of
public: censure by a mJjority 'W01e (!of the en'tin CCMOJIci. Nothin. herein st.IaD
pnvent I COWlcilmembez rrom .ppurina before such body IS • private cW·
.. n. (Ord. 34881 2 Cpa!I), 1983~
1.04.300 '" _1II~d of Iction. Loll"'';'' aetlon shan be u\on by the
council only bY mWlS of In ordin;..,ce or mol"tiOIl. (Ord. 3488 I 2 (pan).
1983).
l.G4.310 Preparation or o\"dinJnees. AD ordinances.. uapl ordi.nan~s
:initiated by the ckc:ton or the city 1m-del' the ptO'risions of Artide VI. Sec~
tion 2 of lIIe Cblrter. dun be pnpar,d in wtillnl bY the cil)' allom.y. No
or4iJw1ct IhIll be prepared rOl pte:senutlon 10 the CO\D1Q1 uniess 0l4ered b)'
• mljority 'IOU of the L:Ouncil' or requested: .in writin. by the city m&na;er,
or prcpued on th. lnitiallve of and by the city Ittamey. (Ord. 3488 , 2
(part), 1983).
l.04.3lO Prio, Ipprovil of onlinan<eS by ,dministratlvo 1tIff. AD ordj·
nanCH, except ordinances irUliItBd by the eleC10n of !he cit)l under the pro
\isjgns. of An.icle VJ, Section 2 of the Owte::. JaOlutions and contract
dOC\lments,. before presentation to t. .... e eouncl;, shaD haft been .PPloVid ti
to fonn by tht city ltttm'ley or: the city atlomcy", luthori1ed np:menta·
tiYe, and. wbere subsantive mattm of administration are in .. o1ved s1WI have
bean ...",;ned for Idmission by til. oily IfWIIIU or the cil)' m_,',
luthorized repmenutive. (Ord. 3418 12 (pm), 1983~
1.04.310 1.lTOducin. onI........ and ...... tiona la, __ and
ippTOnl Ca) Councilmember 10 sponsor. Ordin ..... , resolutions. ond other
... ntH or IUbjtcu Rq,WrmI Iction by the eouncil must be introduce4 and
opomoncI bY • member of til_ cound!, UceplWt lIIe cil)' DlINII" or cil)'
anomey may prHCJ\t ordinances. resotutiOI'tl or 01hc1 JDltlC1'l Dr SUbjects to
the ......... fOi eonsiclention.
0.) Second ... cIin, of onIio ... ca. With the sok eueptiOIl Dr __
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EXCERPT -CHARTER OF CITY OF PALO ALTO
UH-III-1 CHARTER
by amtndme1ll rued with 5: creta'!")' of SUtt, July I, 19'16 and by amend
Jfttnr rued wi1h Sec:reury of SU.IC. Dceembct jJ~ 19""19}..
Soc. 3. r ..... 01 oIKtl ••. A .. euJar ole<lion shaD be bald ;" III, at)' 01
Palto Aho on the rlJ'$1 TUlHe1ay .f:cr the fJfSl WoncY)i in November or uc:h
odd rwmbeftd' year, and the same 1I-...aJ1 be bown u the aeneraJ municipal
election.. All Olhrr munil:ipal t:iectioM that may be caned under the
authoritY 01 this chan". or by the ... moIla ... , shin be tno .... IS opo<ial
o1cctions. (Ame ndmeot rlkd wilh 5ocn:taI)I .1 SUI<. o...mbor 1~, 1919 j.
Soc. 4. ilOC1i ...... All ole,.;o .. eoJJ,d I:Id bald In aid Cit)< aItall be IWd
and 00.4II<1od In maMer and ronn .. nqllind by the ..".nl Ja ... of th •
... .. sovcrnin& oJ,ctions withln muniei!Witios. prorilIod WI the oountil
may by Oldinan!;:C determine the nwmer 0( boldinl ~ctions. the Dumber of
'YCtL"1J predncts. the namina of eJection "mc:cn., an4 sh.I.!! act .u I C&fIYUSini boar" 10 canvass the results of such tled1011S..
Sec. 5. Counr:il to ru time ."~ pbC'l' ofmectinp. Said tOU"cil shaD rLX..
Lime and place lor lu ftIUlar me etinp and may adept nde:s; to aovem its
proeeedlnp.
Sec. 6. Quonlm: Ibsenl memben;~ rmes.. A JDJjority of th'f council w.n
constitute a quorum fOT the U1.ns.action or busineg.; but • less Dumber may
adjourn !rom time te time and ",mpd the ane1l4ane! or abscn( members..
and imilose web rmcs as it may deem proper upon JM1'T1bers re,..ui:n, or
n.Jlo<tinllo attend ",ell me.tinl'-(Amend" by Stoll. 1965. ACR No. 20).
Sec. 1. Majority "ole neeess;IIT')'+ No or®\ance 01' raolutian shaD be
puud. no appointment mlde. nc o!&cr rtlnOYed. and: no contract shaD be
awarded without the aff"l.mLItive YOte-of a zna,iorit)' or the c:ounCl1.
<Amended by Slats. 1965. ACR No. 20~
Soc ... M.oY"" _0.; du'ies. Tho countil .,..aII. "' its r"" ..... till, in
JiUlU&l)·. eteet one of in number as ju praUfir,1 orf.c:u. wbo IhalI have-the
iitIC' of !NYOJ'. and one of its flumbe-r1o be Yice~YDf. wbo shall JCJ"f'C for one
yea1' .fler their .1er:tion. and untll their suceesson 1ft elected and qualified.
Tbe lILlYOf' AfJd via-1N.)'Ot" shaD serve unlil deQ.ion and qualification of thrir
,.,,"""" m Jlnuary 1982. TIl. mayor oIWl pmid, II all moetmp of lb.
council. shaD sisn an ofriCial' c!rxuments wllea lht Ji&:n.at un of the ccnmal or
.... yor is .. ~uirod by low ... d shan 1<1 as 01f.a.J bead 01 Ihe city em public
Of certmonial occasions.. The mI)'or WtI DC~ have any fq'.Jl&1 IM1ministntive
c!utin byt mly IC1 as P ofncio member of all bo&TdJ. cornrn.ia:iaD.I. and
commiueu. The: mayor shan vole as ~her D'leJJIben of the c:oUlII:iI. but shill
bJvt DO powcr or vetO. The mayor chaH havt: the power to administer Daths
Ind afrlf11')ltioru. The: mayor shan pcrfonn ~'h OIM1" dU1lei: u from time !o
time are aWI"ed! by the council. Whm the mayor it l'bsent from any
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COI.lNCIL 1II·9-IlH I
rneetinl of the council or inttlpabit of perl'onnin, his Dr her d~1iet.. the "ic~
mayor &hal1. durin, JUdi time. hi¥! the (I/;D powers of the mayor. A vacancy
in the positions or mayor or v~yot shaD b-e filled by the council (or the
""upiTod Imn. (Am'nd,d b~ S ..... 1972. CII. 71. 7·'·72 L.d b~ am.n~·
m'n' /lled with StcnllJ)' of SUte. o.comber 12. 1979).
Sec. ,. orr.,.,. appoin ted by couD<iJ; beard.. ~mj,,~.. and
eommisJiom. The council &han appoinl • cit)' mlniller. ckrk. anome),. and
aUditor. and. u~t as otherwise" provKItd. may by ordinance or
otherwise: cru1e Of .~Jjsh OrrK'es" bomb.. carr.miutel... Dr commissions. and'
JlfOYicfe for their mmnrr of' l~intmt1'lt. theW t'm'Dn. Ind tJ\c dutie, ..,hkb
th.~ oIIaIl potform. (Am,nd.d b~ SU15. 1965.Clt. 2S. 2·19-6S and by S" ..
1968. CII. 163.7-4-68 and ~ S ..... 1972. Clt. 71. 7·'·72 and b~ am,ndm.nt
rile<! with tho Stc:re .. ". of SUI •• o.«mber 9. 198n
.Sec. JG. V.aeae:y en council. A n~ty on me ~\uuSJ' ma)' be rilled b)' •
mjctity of the rrmainin. IMmbers of the tounciJ. ar.d t.'le appointee shan
lIold offICe ~ntii the f1l'sl day or Jan\l.ll') lUc:c:udinC the r.elC1: eJection It
.. bid!: CO\lnciJ members are 10 'be elecled. AI the DU.I election A.lcctC'din,
any ... canty I C:OLlnciJ mem beT shan be-dC'md 10 Ml"Ye for the une :tpired
term. If' the countil raiH lo ~lIJ sud nanq withizl 60 daYI of such var;.anty
or th~ ~unci1 dlooses to rJJl such ytCITIC)' by election. it shan forthwith can
I ipC'caJ ejection, II ... hid • counc1 mcmk shaJJ be e!eete-d :0 StrVt for t.~e
unexpired tcnn. (Am."~.d b~ Suts. 1972. CII. 7J. '·'·72."d b~ "".nd·
men' fll,d ..,;th tho St<:rellJ)' of Su ... I):"",ber 12. 1979).
Sec:. II. Levy or ..... ; .. te; inacuo in Iooy. Tho council shaD b~
ardinan .. provide for tho ........ .,,1 or city prnpeny for city tax ... the
eq.ualiutiob and correction or tJo~ USC'Ssmtnt. 1hI: co!le;ti.on. payment .IlId
enfor=nOSl' of th, ....... iIldudinJ delinquenl tax, .. and th, redemption "f
Plopt!1t)' from aI. or other ponaIty tor lIOnPl)'mCllI or aty tax .... OIl or
before Seplember flnt ill cadl. Jar. it sIWI levy 1IIdl. tax IS may b<
neceSSlt)' te n.i5e revlmue for the maintt1W1l% .and operatioc or the City and
Ill. _oral d.partments durin, the rlSOll )'Ul'. bill JUdl. tax levy for all
munieipal J>U!l>oscs, excepl for th, poymenl or iIll"'" and prinapal of tho
bonded dtlbt and the contnllution oflhr ;:it)' 10 cmployees~ retirement. sh.Jl]
DOt ueeed !he ..... of OlIO hundrtd twenty-fiv, cents upon ca<b on.
hund:td dolWs of W<SSed nluati01'. as tho ..,." appears upon th,
....."" ... 1 roD. If in the judpncnl of. majority ol tho council il oIIould b<
rau.euary to provide I I'e1It!'Iue ir. excess 0( the sum realized rrom the levy
bercin pn>vUIed. the qutSlion oflhe levy olin additional property tu IhaI1
b< IIIbmin.d 10 the "'<1on, aM a q>e<W eItction .... y be Mid for thaI
purpose. Th. a4ditiOllll JW1I or nl. roquind to b< _ ~ III"" ,dditional
tax levy shaD b< "_d 0]>011 tht 1IaIIOL If a mojority of tht YO'" cast
upon III"" propo,ltion oIIaII be in flYer olauthorilDlJ the -...ell to levy
.. "" addilioJW nIt. thtII the ...... ciI 1lIIY Ie")' Il\o additional tax 10
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TIl!: BONOIlABLE CITY COUNCIL
PALO ALTO, CALJ;FORIUA
~il standing CQm;ittee. (Supplemental Infprmotipn)
Mtmber. of the council:
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Tb.l. report responds to questions raised by Council .Members during
discussion of proposed ehanqel to the cr9aniz~tion ot the Council
stllndin!J cOlOmi ttaa. at the May 1 lO •• tinll ot the Policy and
Procedure. committ.e.
staff recommended the reorqanization of the responsibilities of the
two existing committees and the creation of a third eommittee (aee
OMR:272,O). Couneil Members Andersen and Kniss proposed, instead
of • new committe. on Utilities, that a Utilities C~i.sion be
created witb .embership comprised of three council He~er. and tour
aeJlll>en of the public. Although this proposal did not .... ceiv. the
support of the majority of the policy ane Procedures Committee, the
co_itt •• &u'19ested that information ugarding the leiaUty and
feasibility of .uch a commission bE available vhen the report from
the Committe. ia presented to council.
The Acting City Attorney hAS pro ... .Ic1ed the following ~o""'.nt.
~onc.rr.inll the prope •• d Utilities Commi.sion:
AI I ~erstand th~ 5uqq •• tion, an advisory commission
consisting of three council members and four _embers of
the public would constitute. utilities Commission. This
commission would pose no particular legal problems.. all
other things being .~~al.
The Charter provide. that all pe~er. of the city shall be
exercised ~y the council and that the council, except as
otherwi~e provided in the charter, .hall -have the power
to fix and establish the .ethad and manner in which such
power. Ihall b. exercised.-Charter, Art. XIX, Sec. 1.
Additionally, except as otherwise provided, the council
-may:by ordinance or otherwise create or abolish offices"
boards I eo_itt.es, or com:.il.lons .. and provide tor their
lIanner ot appointllent. their tenure, and the duties which
they &hall porfora.-Charter, Art. III, Bec •••
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Other than workers' compensation ref8-rea. and • cable
t. .. lavi.ion board, all ·.boardl Jl commis.ions, a!'ldi
committe .. appointe:2 I>y tho council Dr I>y any cffien of
the City under the provl.1ons of this chart or or under
any ordinanco adopted 1>1' ths council sholl 1>0 advisory
onlya.nd .ball ax.rei •• no goverr.mental or administrative
powers.-Cbarter, Art. IIX, Sec. 22.
With respect to utiliti •• , the charter provide.: "The
council .hall .stablish rates for all r_VeftU6 producing
utilitI •• owned, controlled, or operated I>y tho City,"
Cl>artar, Art. III, Soc. ~3.
Of cour •• , if the propos.d utilities commis.ien do •• cot
ti t wi tbin the above para.eters I a cbarti:i~ chanc;e 1. also
a poSlil>il1ty, The key in the AnderaenfXniss suggestion
1. that the cOImd •• !on ruaina. advisory and the n~er of
council sembero i. 1... than a qQorum.
While preparing tho initial report to council on .tanding
committe •• , staff .urveyed •• veral other cities concerninq their
u •• of committ.... Within the past few veeles, staff has also
eontac.ta4 fourteen Californ18 eit1e. which bav. aome form of
ytility commission or pul>lic utilItIes board, As with co~itt.es.
there 1_ no common Dode1. n. power .nd dutie!l ot ccmmisa.1ons
ranqe frem stronq regulatory .'othority to limited advbory input.
No precedent could be found, hcweve.r, tor • commission \lith IS
lIem!>ership com!>lninq elected official. and appointed citizens. The
cOBined .emberahip might correct a .deficiency noted by several
stoff to utility commissions whom Pole Alto stoff consulted: the
citizen me.mb4rs oft.en lack the persper;:tive of the Council, and.
their interasts and recommendations often tail to retler;:t the
Council·. overall goals and the complex fin~neial .tructure of the
city.
The orlqinal atatt report (CHR:272:0) indicatod that ataft would
r.t~rn to Council in July with an ordinance amendinq the m~nicipal
code to indicate the chanqes in the structure of the standing
committees and specifying tho duties and responsibilIties of each
cD1IUIIittee. "l'he Policy and Proce-dures committee has requt!sted,
Instoad, that ataff return to the Committee tor review of the
char9'es to the reorqanized committees or eomtlittees/ccmmission. If
the Council direct. that • tltilities COllllllission, rather tho" II
Committee on Utilities, J:>e e.tablished, laore IlCtens1ve revisions to
the Palo Alto MUnicipal Code willI>. warranted and staff cannot
i~ii:'::'~-' ~. '; ::Z~·-·
Vlc:'cY'i1l0 E FL£J!!NG I J
Assistant to the City Manager sistant City M~ger
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otfice of the city Council
{US) 329-2477
January 3, 1990
TO: My Council Colleagues
FROM: council Members Cobb, Levy and Wooll~y
SUBJECT: Orqan1%ation of Standinq Committees
Since-the mid-1960's, tie: Council has been organized with two
standing committees: Finance and Public Works (F&PW} Committee a.nd
Policy and Procedures [P'P) Conullittee~ (Att.ached are Palo Alto
MuniCipal Code Sections 2.04~030, 2.04.250 and 2~O·L26C~) Although
the original intent was that the Committees ,""ould have equal
~orkloads, it has evolved that F&PW meets much more often. During
1988, the F&PW Committee met 21 times and during 19a9, the F~PW
committee met 17 times. The P'P committee, on the other hand, met
five tir::es in 1988 and three times in 1989. Additionally, over
the years, Utilities issues have taken increased amounts of time,
other committees have eVOlved (such as-Perscnr,el), and Council
Members have participated on an increasing number of
intergovernmental committees which functic-n essentially outside the
committee system.
The purpose of our agernUzinq this item is to recommend that
council revisit the organization of its committee system. Changes
which we might consider could include handling of Personnel,
'Otilities, ~nd th~ various intergovernmental liaisons~
Additional1y~ there 1s no reason that we remain with precisely two
standing committees, that each consist of {cur members, or that the
May~r be excluded.
At Mondayls Council meeting, we ~ill prcpose that this subject be
referred to the Policy and Procedures Committee for discussion, and
that staff be instructed to provide 5u9gestions tor improving the
Standing committee system.
Attachments
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COL'NCIL ORGANIZATION AND PROCEDURE 1.04.030
"'lInC! 'Ie "'IO'~~' IIIl1Uul .etiGe~~p&iJ' ttu . alidif)' B( ."Y
"tien ... leeR a. !llldi Jpc::i:cl ,,::ctd.,_ (OU!. a 188 I 2 (lim), 1983).
1.04.030 Meelinp to be public. All "'1"Iar and JpOc:iaJ m • .,lnl' of tl:e
dry c:ouncli, the city c:ounci! siron. as. !;Om.nUttee of the ",bok. and of an
Jtlndin. eomminees or the city council LlaII be open to to'1, ,ublic; pro
vid~d. howtver. th&t dosed sessions may be held from which the pubtic may
be excluded. for the coflJidtntion or Ihc foOowm& sub~.:ts:
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l.04.2W ADMII'ISTRATlYE ('ODE
(b) Special meetinp. Spe-:iOl! mtetinls of sundin; ~om:!J'jnel!s rna;,' be
a d by the duirm~lI with the consent of. majority of the eommHltt'!:
~ but. speciai me-etin, so called shan be beld It city hall. or other
kxll" 5 if .appropri3te. 3Ind rorty-t:~ht tJOl.:rs'" notice must be liYUI to ever)'
council mbtr.
(el orum. A mtljority or the C:C'mmltttt: membenhips shall co,,·
JtHUle I qu m..
Cd} Rerc~' . Referrals to the sta:;d1ni committees sh1l1 ~ made by
the emmell. he sma)' be withd'r.iI\lI%I from the committee ;and uken up for
considrr.ation by e CQu:nci] .II any COUr'lc-.J mnlm. with the consent of a
majority of the-COLI •
(e) Function (> mm1ttees.. The pu.-posc and L"ltenl of committee
mClI!tings Is 10 provitje r mort thorou,h Ind' detailed discussion.and .s.tudy
of prospe:tive or culTtn council 'Benda 1tems with .. full .. nd complete
airi.o:Ii of an s(ML'T!tnts an Jri.pt"essions of opWoc 011 tity problems by both
La,c counci! and the publl~. t t1l~ end' th;t C:OLlnciJ action wiD be expedited .
• -\etions of the committee shaD iI elvisor)' .and recommend.11ory onl}'.
{f) Minutes. The ofri-Ce 0{ e city clerk m.aII be nsponsible for the
prepantion ant! dIstribution to e council ?f the minutes of .st.andint
ecmmittn meetinp. The minutes ~d not 'be verbatim but sllaD reflect
thco sense of the diScUssion and arty re~rnrnendiltion made -.ith respect to
e-ach S\lbject co.nsjde~d in comminee. Th" mi.·nm·s shaD be deIh .. t:red to alJ
counciJmembe:rs before tl:I~ counc-.il meetin,~ ... h.i~h the ~ornmiun's reoom~
mendations Ire 10 be discussed. ,
(g) Report: of committeE. The minutes or'ea.::h comm~uu meeting shan
set"Ve.a~ the report 10 the-counciL An)' member m\~ write I 5e~rate report.
(b) Agenda.. The dl.airp.trson of each standinj: ~omrr.ittet: shan prepare
!hoe ap-nda for comminee m eeti1liS. the seqiJence-of study beine, within
re2scnablt: lirnilS 0.( practicoalit)'. me sam~ as the ~quen\e of rereJTal.
(I) Cond"Uct or standin~ C"ommitt~e meetings. Th~ ,chairman of nch
comm:jtt« may c.o.nduct mectlnp with as much infonn;Ii~.as is consistent
witll council parJliJm-entary roJes, ... ruch shaD abc bt in e[:e~ili commju~
mee.tinas. The views or inlerested private citizens may be 11 d in com
mittee meetings. but in co case shall a committee meetm.: t>t d as a sub
stitute for public >I earmgs. required by Jaw. In the ~\'~nl thai a com 'n~e has
u,t');der study .. proposal thar .·illlater ~ subject of a required pub!.lc .ar:ng.
the committee s.1].aD ltJaXe DO :recommendation until after the pubfic he rinf.
IOrd.alii I :H,....,.,4$~~-----------~
2.04.250 Commirtft" on (jn;"ln~ and public ... orb. It sh1lJ be the dury
of the committee on rwance and public wGr!:l:s to c-onsider and make recom
mf"nr1alinn. nn mflitters referred to it b.)' the coun:;il r!:"latine to pubfic ,,·orks.
vll1ities, r.mance. bud,et. appropriations, audits., capital improvement fund,
assessment districts, .. "d generaJ obligation bond issues. (Ord. 3488 I 2
(part), J 983).
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COUNCIL ORGAN1Z"TJON AND PROCEDURE 2.04.260-2.04.330
2.~.16C Commirt~ on poliC)' .nd procetiGf'!'L It shaD be the duty of
the-tornmirtet ot! potie)' an.5 proudure-s 10 '<Insider and make recornmend ...
dons on rr.atlers rererred to i: by the council relatinJ to pvliUlenlaJ)' ;and
administratin proudures. pIannin. ll'\d z.orU:"lJ,. traff.te and pukinJ, inter
JCyemmental relaLionl. par4 tibrarle" recreational t!lcilitin:. and all buman
"";0". (Ord. 348812(Pm~ 1983).
~ ... !ea €OUEIti! Jepltst.iC.tiHS un .. liuos public 1>ucties. "he!. a.J}
ber or members of the c:ouncill1t Ippcinted by the mayor to leprC:iC!1t
the city Oil C:OU:1ty. area, d1strict or lUte boards, committee-J or commis
lioni,' such IIppojr:ted' member or memben shaJl be the duly l1.ahorited
rep~tatives a.,d spokftpCnOns for the dty COU1lcil on or before Told
bodies a1w! no other eouncilmtmbtr shall speak IS the c:oun::il"s re'pre~nu
live and ~\ behalf or trlC dty counQJ before such bodies under penalty o(
public Cfl1SU~ by I majority .. ote or the-entire council. Nothi."l, 1I ere-in shan
preven1 a eoun~~mber from appearina berort such body as I printe cjti
un. (Ord. 348~ "\ (put), 1983).
1.Q.4.300 Ml!'thOtt of ICtiOn.. Le,islative action :;t..aIl be taken by t.l:!e
council anty by meaJU.,of a.n ordinance or resolution. (Ord. 3488 Ii 2 (put)~
J983~ '\
2.04.310 Preparation"'-;;., .,rd~. AU onfinlllCH, except I)roinanCts
Initiated by the electors of tIic-, city linda-the prorisions of Article VI, Sec
tion 2 of the Charter. ih311 be ~p.lnd in writin, by the dty Ittorney. No
ordi.."W1u SJlaII be prepared (or PrWntatiOD to the cound! unless ordered by
I majority vote of th~ council or r~ues.led in writin, by the ch'"y manager,
or prepared on ~e initiative of ana-,by the c:ity atlOIDe)'. (Ord. 3488 § 2
(pan), 1983). \
2.0.4.320 Prior .ppro,",1 of ordinances", .dministrl:lfve staff. All ordi
nances, ex cept O1dbances injti.lt~d by t."'e eJectors of the city under tht ;lrl>
~ons of Article VI. Section 2 or the Ch.ai\er, resolutions a..'1d contract
docwnents, before prrser1btion 10 the-cOl.InciI. Slian have been approved as
to (orm by the city attorney or !be at)' att o.mey~s authorized reprc.;enta
ti,.e. and, where substantive mattm o( 'dmWstntitlll~an involved shaIl ha"e
been e.xamined for .dmissiOD bl' the city m.an.a .. ~r the city manar:
.uthorized r.pmontativ •. (Ord. 3488 f 2 (part), 1983).
2.04.330 IntroducinJ ordinances and resoiutions f. '. passage: Ind
-vPtOval <a, Counc:ilmember to sponsor. Ordinances, resolutions.. .and ot1ler
matters or subjects. nql1irinl! action b)l the council must bt int!odYced and
sponsored by a member of Lite coun~. tJ:ctPI that the city mana~r or city
attorney may prtse.nt OrcfllWlCes, resoJutions or other matters or su~ets 10
the coun~ for consjde. ... atian.
(b) Second re.adinc of ordirlmCt:. With the" sole Uce.ptiOD of ordin ct's
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by Mayor Souza to .eat Mr. Bob Lourie, and be .u9geste~ the meetln9
or January 16, 1990 beqin at 1:15 p.m. Statf provided a summary
of what Cow>cil accomplbhed and .he believed such a wrap-up
docwaant ahould be a tor.al part of the process and provided to the
cou.."K:il at the end. of each year to 'indicate what proqresD va.s Jlade
on prioriti ....
JIIOTI:OJrI: Mayor Cobb .OVed, .econded by Levy. to approve the tOnlal
Incorporation of a r.port fro. the city Manager on the pr09res.!I of
the priorities at the. end of the~ year, and that Ule Council
priority 8etting be scheduled 00 that it ia concluded in January
of each year ..
IIO'fiDII PASSED 9-0.
COONeI L MATTltRS
22. Discussion of January Meeting Oat •• (701) (NPG)
city Manaqer Bill %aner .. id January 16 an<: 29, 1990 WOuld be
scheduled as 8tudy sessions reqardinq priorities.
Mayor Cobb said th.. Council Retreat would
J-snuary :il, 1990.
~council Members Cobb, Levy and Woolley ~ Standing Committees (701)
noticed for
re Orqanization of
Council XeJlber Levy .aid the organizatIon of Council standlnq
comaitteea had not been reviewed since the aid-1960S, and since
there had been some slqnitic&nt ehanqe.s in emphasis in recent years
affectinq the time beinq devoted to utilities and inter
governaental matt~rs, it .ade sense to consider the new develop
aents and plans for the 1~90 ••
MOTION TO REFER: council Member Levy .oved, seconded by Renzel,
to refer the standinq committee orqanization to the Policy and
Procedures committee tor discuasion, and instruct staff to provide
suqqestiona for improving the Star.dinq Committee system.
council Member Fazzino supported the IIOtion. He hoped the Policy
and Procedures (PiP) Committ.e would look at alternatives such as
the ccmmittee of the whole structure, which he believed worked well
between 1963 and late 1967. Be urqed a focus on regional issues
because increasinqly Council actions would be regional in nature.
Council Me.ber Andersen concurred. He eJIIphasized the interest in
environmental issues and waste .anaqement.
63-36
01/08/90
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Vice Mayor Woolley bellevad thoBe council Kembers who had served
On regional bodies were .om.what fr-olstr&tec1 by the fact that
COUncil •• "etlngs coneludiedl at 12:05 a~ ... , lind it never seemed
appropriate to "tv. a report.. All CCH.lncil Kembers never •• lIftIed to
be .ppri.e~ of What happene4 at a particular regional m£etlnis.
Sbe sU9gested regional information be abared at least among members
of a subcDBmlttee.
M4yor co~ 811pported the action and eo_ended Council Kember Levy
tor bringing the .atter forward. The P'P Committee also needed to
consider when changes should oceur.
JIIO'l'1011 PASSED 9-O.
AIlJO!1R!!HENT: The lIleetino; adj ournd at 12: OS .....
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (SynOPSi5) are prepared in accordance with
Palo Alto MuniCipal Code Section 2.04.200(1)). The city Council
.eeti"9 tapes are retained in t.~e City Clerk's Office for two years
trom the date of the. Ileetinq, and the Finance and Public Works
Committee .and Policy and Procedures comaitte:e meetinq tapes are
retained tor six ~ontbs. Members of the public may listen to tha
tapes during regular office hours.
63-]1
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POLICY AND PROCEDURES COMMITIEE
MINUTES
12
I!equhr Meeting
Tuesday, May I, 1990
1. Oral communications
,. Council Standing Committees
3. Future Heetings schedule. and Agendas
Adjournment at ':40 p.a.
P'P:1989-90
5/01/90
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Chairperson Levy call_d the meeting to order at 7:36 p ••• in ~~E
coun~il Cont_rene. Room~ city Hall, 250 H~milton Avenue, Palo Alto,
c.lifornil, 84301.
PRESENT: Anderaen, .1(.,,188. Levy, Renzel
1. 0jIA1. CC!!Hl1NICATIONS
None
2. COUNCIL stANDING COMMIT'rtES (~:272:01
Chairperaon Levy commanded statt on ita r.port~
council Member Ander.en a~u:ieQ the rea.on tor the atatt recom
mendation of ." standing Co~ittee on Utilities rather than forming
a utilitie. Commi.sion.
Assistant city Manager June Fleminq .ai~ statt emph •• iz.~ the need
tor a Standing CO~itt~8 on Ctilitiea becauae ot the preciousness
of the resource in the city" the financial JIIagnitude of 'Wbat it
dealt yith. and it. l.ncreas.in9 eomplex:ltl ••• Palo Alto's cO!l!Jl!.ittee
structure had functioned ~~ll and was not a proees5 WhIch stifled
t;e co.-unity participation.
cO!Jneil Kember Andersen queried' whether-.tatt bell~v.r1 the 8ta.ndinq
c~~ittee structure protected the rat~ payers.
}!s. Tleminq said yes.. She btl11eved the rat. payers were protected
by their elected representatives.
C~ncil Beaber Andersen suggested Council had a v.ste~ interest,
given the City'. stronq demand to raise rever,U6, to maximize the
utilities revenue to the qreatest ."tent possible which di~ not
allow for objecti?ity.
Ms~ Fl.~in9 aaid cou~~il had paid close attention to how the utili
ties revenues were being used in terms ot support tor the Ceneral
Fund. There wall not always as strong-• policy soverning the
movement of utilities ~oneys into the support of the General Fund.
Shortly after city Manager Bill Zaner came on board, price
Waterhouse did an extensive study and made recommendationa in terDS
of settinq caps, fo .... ula. .nd guidelines tor making utilities
revenue transfers into the General Fund. The guidelines, formula
end caps were put in place, and she believed there WAS no need for
thO!; e types 0 f cone.rna ..
Council Xe1llber Renzel believed bifurcatlnq tile Utilities budget
versua utilities iS$ue. would provide an added protection.
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5/01/90
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council Member Ander.en queri.d whether the recommended committee
structyra of three committe.. and three council Members on each
would provlda .utfleient axpertise to make the necessary decisions
relat.d to utilitlea with reqard to toxicS 1 the new energy
contracts, and 50me of the long-term financial strate9! •• ~
Ms. Flaming vas confident council Member6 hod the ability to get
up to sp •• d and desl"with utilities issues just as they did with
finance and other issues betora the City. She recognized the
seriousness Df the utiliti~a and the vital function to the City.
She hac1 no reason to believe elected council Members could not
acquire th. necessary level of understanding in te:rms of the
operation and aanaqGsent of the utIlities. Council t • involvement
in certain key pieces of th~ Utilities, .~9~, Transmission Agency
of california (T,o..NC). ASsisted 1n acquirinq knowledge end providing
an added dimenmion into Council's insiqht.
council Member xniss ~as also cone_med about always having t~e
ap9ropriate expertise on tha Council and the necessary commitment~
Ms. Fleming believed people who became Council Members 'Were
dedicated individua.ls and understood the necessary commi tment. The
maqnitude ot the responsibility was a learning: process and she
pointed out vhen Council Kember Sutorius became a council Member,
he did not bave his present level of expertise in utilities. She
had no concern about Council Members beinq able to fulfill their
roles, and believed it was a council Member's responsibility to do
so.
council Kember Renzel clarified the process was A reallocation of
committ.e respon.ibilities.
Council Member A.~ersen queried the rationale fGr shifting Public
Works issua ••
Ms. fleming .aid the existing Finance and Public works committee
had a -rull plate-just with finance issues, especially with the
added focus on. economic development and revenue enhancement. Since
Public Wor~~ provided a service just as any other City department,
staft believed it vas more prudent to have its issues dis~usseQ in
a cOlUD.itte. Where all the other departments were. Su-ch a move
~ould let the Finanee Committee concentrate on the finance issues.
Statt revie.... of the Igendas of the Finance and Public Works
Co:.ittee over the last 16 .onths, revealed the Committee really
dealt with finance issues.
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KOTIORZ council Kember Renzel aoved J 5econded ~y Levy. that tbe
Poltey and Procedures committe. recommend to the City Council that
it adopt the .taft recommendation to prepare an ordinance amendinq
the Palo Alto Municipal Cod. as follows:
1. Add & coaaitt •• on Utilities:
~. Chon .. _ the tiUes of the exisUn .. C""""ittees to the cOlillilittee
on Finance and the Committee on Policy and Servic •• :
3~ Specify the charge to .&~h camaittee: end
c. Designate that the a.mberahip of each committe. 5hall consist
Q! t.hz" •• Council Member. with the Mayor also serving on a
co",,1Ii tt •••
council Mambe.r Renz.l bad long been concerned tl"lat 1 tems 'We.re
referred to the Finance and. Public Works CCllmnittee tlecause of
financial implication. even t.hD1.l9'h the i.sues were basically policy
questions. She believed the aov ... nt of Public Works to the pel icy
committee was a qood: distinction 50 t!le policy issues were more
paramount rather than t."l. dollars essociat.ed vith the polieies.
It made sense to have the utilities i •• ues reviewed by a .eparate
committee, and it va. important to have council Members with appro
priate expertis... Even thou9'h .t.udy •• sslons were intended to
proviae all Council Kembers with an underat.a~ain9 of the l •• uea,
it was an area where there was hea~f reliance on stat! input, and
havinq a committee focu.e~ en utiliti.s would be valuable both in
ter.ms of overaiqht of ataft and providinq more informa~ion to the
council in -layman·.-t.rms~ She supported the motion.
AHENDXENT; council Member Andersen moved, seconded by Kniss, to
a:r..end t.he motion to ehanq8 item (1) to II Utilities Commission
rathe~-than a committee on Utilities, and to cha~ge item (4J to
read -Desiqnate that the membership on each committee shall consist
of three Council Members, and the O'tilities cQmmission shall
~ensist cf three Council Members and tour appointed citizens with
the Kayer serving on one of the two committees or the Ctilities
Commission .. -
council Member Andersen believed the amendMent would provide the
community with a way to help make decisions on issues Which might
he a conflict of interest it the ~ecisions were ~ade strictly hy
Cc ... mcil M'ei7Lbers.. The City needed to involve a broader ",,-OIiS
section ~t the community in the utilities. The election ca~pa1gn
suggested many people were concerned about ~e utilities, and the
issue needed people with an interest and willingness to do the kind
of in-depth studies necessary t~ keep on top of somethinq Which was
lD1.l.ch larger than Co-uncil Members" by themselves could do. A
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commission Which included: council Kem.lJerS wou.ld accomplish the need
to have the Council'. connection end at the 5ame time wo~ld provide
an opportunity tor the citizenry to teal a much higher level of
comfort with reqard to the interelts of the Council and Itatf as
opposed to the In~er.st. of the eiti&enry as rate payer.~ Council
needecS to acknowledge the COilcerns expressed. in the community about
the utilization of "Ulity ravenu. for purposes of running the City
rather than ju.t tor servinq the utilIty users. There needed to
be clarity in terms of the dramatic chanqes that would take place
and the.extraordinary expenses with regard to some of the City's
utillties M particularly toxic., and it was tim. to shift the focus
to have a citizens watchdog group to alleviat. the suspicions on
the part of the community that the City waa misusing the utilities
to finance the city in way. which ~i.torted the City'. fiscal
picture~
Council MembAr Kniss aqreed with Council Member Andersen in terms
of the campaiqn and the i.sue of whe~~er th~r. was a need to 90 to
the public regarding questions about ho~ t.~. utility users tax was
spent. Sh .. lupported a~dinq four members of the public to "
utilities ~ommisBion who presumably ~ould have a different view O~
hov the utility users tax was handled. She supported the amend
ment.
Council Member R~nzel did not 41.aqre. with the con~erns in terms
of the city'. transfers frOD the utilities F'..md to the General Fund
and ~1th respect to how .~ch utility users tax &hould be charged
and how it should be used. They were questions which needed pclic~p
quiaance from time to time from the couneil an~ frcm the pUblic~
Hovever, she regarded the Council'. working committees as a way to
take the Council'. business to a l.&5 form~l lettinq, to alloy a
full range ot public input in a less structured setting with fe~er
rules ar~ freer discussion aMonq the committee members vith respe~t
to the issues. In that regard, .he believRd the straight Council
committee structure 'Was preferred. She would not object to looking
at ~~e concept of a rate review committee which might look at the
retes only. The City vas allowed by law to have II reasonable
return on its investment and that vas the maximum it could transfer
into the General lund. Tha City did not have to transfer the maxi
mum but tended to do &0 because the .ame committee who .tudie~ the
rates Was also the committee which tried to deal with saveral dif
ferent interest qroups who wanted a part of the budqet, not the
least of Which vas the Palo Alto Unified School District. Eifur
cat!nq the committees miqht allow to~ a purer recommendation to
the Council with respact to utility rate.. Rates were not the only
issue the Utilities Committee would deal with. While interested
members of the public could bring I -lot of pressure to bear~ on
the rate issue, there ~ere allo issue:; 5uch as 'What expansions
should be made or. various utilities lervices. wbether to b~y dif
ferent kinds of eleetrie power, etc., which would be within the
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purview of the those aakinq utilities deei5ions. She believed a
coa::a.ittee . strictly focused on utilities might clarity t..~e para
Jr'!eter~ with respect to the. fund tra.nsters. Obv!ouslYt the City had
to charqe ~ates which cover.~ the cost ot the 5ervice and make a
transfer or the reasonable return. Somewhere in betw~en was where
the City •• t its rates taking into consideration what adjoininq
cOlDlCuniti •• cherqec! because there was II competitive factor in terllls
ot where bU$ines~es and people would loeat.~
Ms .. Fleminq •• id staff seriously considered. the issue betore ma'!<.ing
a r,acommendat!on. The City .Manager's Office and the Utilities
Department disC'oJ!:sed the very issues: raised by Council Member
Andersen. She believed there wa$ som. confusion in terma of the
utility users tax ~nd its relationship to the ctiliti~s Department
and its operation. The utility users tax vould not neeessar1ly be
an i55ue Which would appear ~efore the Otilittes Co~~ission~ The
tax 'Was a tAX on all utilities clearly donI! throuqh thE. ballot
process. She belie,,·.d there was co:nlusioJ'! in terms of the
existence of surplus utility user5 tax dollars and hcv they 'Were
used. She c'-arif!ed there werlt no lurplus utility us.ers talC
dollars. She hae! not: heard !!-$ues of suspicion around the
utilities& ~~.at she had heard were issue. of concern in t.~s of
how the ~tility users tax was used, but ahe did not ~~o~ hcw that
.. ould be resolved by the existence ot a eo~"'t't;i6s.ion. The Citjo'
;.ttorney1s Office advi.Eed there was no conflict of intereat in
reality, nor did she believe there vas a per-ceived conflict of
interest by the c!t.!zenry, in terms of the Council carryinq out its
electe~ responsibilities on ~tilities 15sues~ She was ~encerned
~hat in terma of a utilities Commission, Council vas thinkin9 about
issues Which came out of the Otilitias OepartlllCint~ While the
Co~lttee on the Otilities would be synonymous with the Utilities
Cepart~ent. the City did have ether utilitios. In terms of the
~~elic's current involvement with ~tiliti.!, staft spent a lot of
ti~.e ... ·orkinq with industry and the City'. C"..astomers in general 80
s~atf rec:oztlllE=ndations to Council wer. not ones made 'Where customers
~ere not representedw Those eustomers who believed they ~ere not
represented did appear before the commIttee. as presently struc
t!.O!'ed and she was certain a Utilities CcllUtission 'Would not qe-ne:-ate
a~y ~ore than a committee on Utilities would. She w~s havinq B
hard tize understanding the concerns expressed in terms of the use
of revenue since the City was strictly liaited z and she could not
see hoW' • cO%!UI!ission could address that issue 'With any more
.xpertise or sensitivity than a committe. 'Would~ The only
ditference ~ith the commission was that it w~uld consist partially
of members of the public, and While members of the public ~ould not
ke on • Committee of the utilities, staff opined Council Would not
get any aore community involv&ment than at present.
Council Kamber Sutcrius did r.ot sae any discussion in the staff
report (CMR:212:0) in terms of ~hat was meant by ·UtilIties· and
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-Public Ncr~.· He lnt~rpret.d Ks. ~lemlng'. observation to ~ean
t.:,'l. committoe would. be .ynonymolJ. vith the e¥.15til"lq Utilities
Department. If that was the ease, the committee ~ould consider
issues surrounding gas,. water. electric lIIJ"1.d eanitary SClwera. Some
i:lmes the ter=s ·ut.ilitias· and -e-nterpri •• s· seant. the 5ame t.hin9~
~etu.e was an enterprise, and the a Water QuAlity Control Plant vas
.n enterpris.. Tl",e sanitary .. ewer was in Utilit.i.s a.nd water
quality 'Was fl.ot becBlJa' of a rece.nt reorqanizatlcn 'Which .pli t
vater qual1ty .way from the Utilities Oepart!lel\t althoagh the
aanitary .ewer obviously played a. big' role in the whole subject.
When discussing a committe~ or a commission. he encouraqe~
discussion about the functions to be consld~red. I~ vas important
because Council Member Andersen o~ a couple ct occasions mentioned
the term -toxics.· In t.r'lnS of the concern about the utility \:sers
tax perceived durinq the election campaign , he pointed out there
vaa no ~onn_ction with utilit1a&, the ~terprise, or any of that
process at all. He would be interestali in understan~inq the
specific concerns expressed~ The concerns about rates wo~ld exist
re;ard.less of whether there was a commission. cQmmitteo or no
chang-e 1lJhatBoever.. One of the reasons for the in!r-8strJcture
proqram acceleratinq extenslvely in 19S5 , and which wa. now b£inq
kicked up with a ten-year proqram, vas in significant part due to
Co~ncil's reluctance to set the rates at the leve~s whieh vould
assure that ca.pital illlpro'lelnents and prevent.ative lIIaint.enan!:e
necessary to keep the utilities modern and in good operatinq erde:
th~s avoid.ing aervlca probl~~s and higher costs bec~u •• of more
emerq:ency wort and aore intensive capital work. Whoever was an the
co~ncil and whatever commission or co~ittee process existed, frc~
a rate standpoint, it boiled. down to good 1 consistent long-term
foree8sting, and .aintaining a~tenticn on the vboXesale CQsts of
the product and havinq • sensible and sensitive rate structure end
being willing to set the rates and make the increase and stand ~~e
criticism that ~ould come.. It was important tor Council to be sure
the proce~~ tor the setting of the rates was in co"forma~e wi~i
the policies and that the format of the rate setting vas consis
tent and adhered to the rate~of-return concept implemented not too
many years aqo~ Existinq law on the subject was cr~~i.l to the
City, and it the city stepped outside of those bounds, it wculd be
in trouble~ Council Members Levy and Renzel would be ~or. familiar
with the 1 ...... bec.alJse ther. 'Was correspondence produ:ced by I;
previous Actinq City Attorney Donald Maynor which was very cogent
on till! subject. Hr. !lay"" .. ",as prol:l.l:lly one of the pTemier util it I'
legal minds 1n California. Council Me~er Sutorius "'ould be very
concerned about ahifting the responsil:lility in any fashion from the
Council. The ir.portant thing was for Council to live up tc its
responsil:lility. If the subject "'&S going to be explored further
In either fora, he 5u9qested. there be some qood disc~ssion about
the .~rvic •• to be pl~c.4 in each ot the committees or committeesj
comI!sslon, and th' functions to !'"-.a performea:. He queried 'Whether
a Utilities Committee would receive the rate control proposals, act
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on them, an~ pa •• the intormation on directly to Councilor whether
recoamend:ationa 'Would. be fl.1nn.alecS through Finance. There were m.anjo·
•• chanica to b. figure" out. He had not beard any justification
tor .. cOJDlli.s1on which combined three Council Members and tour
citizens. While .1xtur&. vere q~ in aome instances, he pointed
out the Pl.nni~ Commi.sion and land use were historically major
prb. function. of • City. He queried what the city ... ould be d01ng
to itself if it mixed a Council and a Planning Commi •• 1on body.
He believed council woul~ lose because the Planninq commission did
In except10nally fine j~.
Ms. Fleming clarified ... hen ataff .poke of tho utilities, thoy .... r.
thlnkinq about refuser vater, gas, electric, wastewater and storm
drains. She clarified wastevater was the sanitary .ewer.
~nalrman Levy clarified the intent of statt to include 9&St water,
electr!cltYt retuse, and storm drains was no problem. He qutri.~
what was and vaa not beinq cor.sidered in terms of wastewater.
Assistant to the city Manager Vicc! Rudin said wast~wBt~r was the
transmission of the w~stewater betwe~n the home or industry and the
plant.
Chairman Levy .aid for purposes ot the discussion and the ~otion,
utilities was deeme~ to, include six elements mentioned by staff:
gas, water, electric, refuse, storm drain and sanitary sewera.
Council Member Ranzel referred to refuse and queried whether the
intent was to include operational elements or also publie works and
landfill closure.
Ms. Rudin said no.. The operat!cnal ele.lll.ents and the landfill
closure were the Public Works el~ents of the refuse.
council Kember Renzel referred to the landfill itsel r, and .. aid the
intent ~&S to inelude everythinq other than operational elements
while it vas being used.
Ms. Rudin said the -component of refuse whic!l 'Was consider-ea:
utilities was the rate aspect.
Council Member Andersen said. he was charqed him for "'sewaqe-on his
utility bill. He queried ... hether tho'; troke do,"", into se""g.
tr-eatlllent cr wastewater. Wastewater was included as part cf
utilities, but the sewage treatment was not included: y.t on the
utility bill, they were baSically the •• me thing.
Council Member Sutor-ius .aid the City did not have a tea on the
utility bill whIch .aid wat~r quality, it just .aid ·sewage ••
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council M~r Ander •• n asked why aevage treatment 'Was not included
on the lbt.
Choit1llan t.evy .. 14 the list appeared to be done accordin9 to suft
crqanizatlon ... a.g •• Water Quality Control Plant was operated by
Public Worb, th.r.tor.~ should :be considered Public Works; the
landfill vas operated by Public Works, therefore, it vas in Public
Works. He opined ~~at regardless ot vhether it was II commission
or a eOmlllitte., if the City was goinq to have an overview of
utili tie., he had difficulty .oparatin9 the refuse problem from the
lar.d!ill problem 1n terms of oversight. He believed there was a
conUnuwn •. Ho understood it cou14 be or9anizationally done any w.y
the City wanted# but 1n t.ra& of • Couneil committee or commission
lookine; at iasu •• relatad to retuse, he believed those issues
should in:::luc1. the landfill. In terms of wllste'Wate-r, he also
believed it should alEO include the water Quality Control Plsnt.
AMENDME1I'1' !'\) AKEl'lt1K£NTt Chairmen Levy moved, •• c:onded by An~e.~!il!:.n,
to amend the definition of ·utilitie.s· to include the Re.qional
Water Quality Control Plant end the landtill.
Hs. Flemin9 did not see the landfill as a utility. bet rather as
an operation completely sepante and distinct. The laMUll
happened to be the plac. where refuse was taken, but she did not
.e. the operation of the landfill as & utility. She sa ... the Water
Quality Control Plant in the u"e way. It happened to be the
facility which accepted a utilities product. She queriea what
happened with Public Works if the distinction vas made.
council KelDber Kniss queried the impacts In terms of costs af
separating-the landfill versul Ineludinq it. She unders.tood retuse
was collected by an outside campany on a contract basis: therefor.,
the City had little to do with it.
Ms. nemin9 .aid the City had nothing to do vith the Palo Uto
sanitation Company (PASCO) employees, b~t the City interacted with
PASCO in t.~ of the contract, the costs of the contract, and what
was contracted for.
council lIembu x..,i"" agreed with Ms. Fleminq that the lan"!ill
.ee~ed to be quite a different operation. In terms of the qas and
water utiHti", ahe pr .. uaed city .. tart "ealt with the ... tter
entirely ..
Council l!e~r aen.el thought of the Water Quality Control Plant
as being integrated with the sevag_ operation because sewage could
not just be transported, it. bad to. SOmehO'ii be treated. It was
similar in a .ens. with the aetivo part of the lanatill. She vas
ma~inq a distinction in her own aind with the part of the landfill
that ~as 1ncorpor.ted in the rate structure in ter~s ef -tipping-
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t •• £ and the clo.~. All of the costs which a to be paid: in the'
~ate aak1nq proc.~had to be integrated in utility portion,
but the d8.1qn, tor example, of the landfill she thouqht of as a
public work which WtlS more approprlataly in the Public Works
aspect a The l&ndtill would ngt 4lways be a landfill in the sense
of an aetive landfill: acmeday it voul~ be a par~~ which was an
illlportant p1J:bllc 'Work 'Which had to be ravie'Wed as such.. The active
tun~tion, aag ... th •• ethane 9as collection aystam, ahe thought of
as the utility portion. She 41~ a.e the 154 aeres of the l~n~fill
as a siqn!ticant public aaset thet was more ~~&n just a utility
issue.
Chairman Levy .aid ~h.n be spoke of landfill, he was referring to
the continuum of ~efU5& colleetion and disposal. The City woula
.&ove frcm having e landfill on its property to having to transport
its solid waste to a lanQfill in some other location, and all of
those issue. connected with gettIng the refuse from -here to there"
to him was thtl utility issua. The diaposal of the sol.!~ w&:&te,
hOwev~r it vas don., was part of the utility issue decision.
Ms. Fleminq clarified Chairman Levy was referring to ref""Use and
refuse disposal.
Chairman Levy said th'-t vas correct. He understood staff" was
foc~sing more on the way City .taft was orqaniz~d, and he was not
bothered that at some point the committee or commission miqht talk
to the ~blic Works Diraetor rather than tha Otiliti~5 Director.
AMENDMENT TO AMENDMENT PASSED unanimously to define ·utilities· as
inclUding c;as, wate.r, eleetric, refuse collection !and aisposal,
5torm drain, aanitary sewer, and wastewater treatment.
Ms~ Fleminq clarified Don Maynor'. leq~l opinion did not refer to
the leqality and status of a commission. There were some concerns
which would n.ed to be reviewed if Council decided to go f"orward
with the commission concept.as to what the impacts would be.
Chainnan Levy interpreted the amendment as l-:nplyinq that any action
taken by the commission would in fact be &ffirmad by th~ Council
a~ that the commission woul~ really be .~visory.
co"Unc.il Member Andersen believed Council needed to seriously
consider the publicts perception of bias and a ·vested interest
in the vaz utility rates yere set. He was not enxio"Us to turn th~
matter of rates over entirely to a 5ep~~~te ~odi for recommenda
t!ons. It vas important to have Council Kember. serve in the same
eapar;ity as suqqested by staff tiith the. three-meltber committee, and
Council could provide, with four Council-appointed eommissioners,
a process that would mitigate the public perception. As the time
got closer to the point where the City vas not far removed from the
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pre. ant ~dvant.q •• in terms of competing utilities, Council vou14
~. able to ju.tlty rates on the basia of .omething other than just
General Fund ne.ds. He believed by people outside of the Council
being involved, as the City approached those new contracts and the
aa..nl' challenq •• , Councll would be providing a basis for the
dee!sion-maklr.q whereby reqardleas of what happened vith regard to
the caret~l processes already in place, it would take .way the
stigma. of bias alid vested inter.at. He had no concerns with re.qard
to the utility users tax. He believed Council needed to demon
strate a commitment to the interests of the rate payers, and thE
commission process was ~. best way to accomplish it. He urg£d
support of the amendment.
council Mamber Kniss queried whether the commission was legal in
terms of being comprised of council Members and members of the
public. She believed Council Members served on ftssiqned &tan~inq
committees pri.arily on an advIsory basil. While she liked the
commission idea, &he que,ried whether it aiqht not be better to have.
a commission stand alone and a committee atand alone.
Ms. Fleminq .aid it was ~ legal issue and she deterred response.
council M~ar ~enzel shared some of the Concerns which had been
expressed regarding utility rate setting, the cost of utility bills
and the perc~taqe of the utility users tax being used. The five
percent (.5') utility users tax ,.,as an ·up to ~a· fiqure on the
ballot, and it was instantly set at 5 per-cent 'When it vent into
effect. Some of the utilities vent up 43 percent which ~eant the
increment of t.ax would also be added to by tha.t amount in some
SQnae, so there was a substantial increase in absolute dollars over
oriqinal projections. There were some real issues, but thera was
a tendency to talk about the p~lic as it they did not attend the
meetings. All Council and Co_ittee .. eetings were p~lic and
s~ject to the Brown Act. The politics occurred between legal
limits, which was the fair rate-ot-return on the City'. invest
ment J and the coats, which was the lowest price the City vould want
to charge tor anything. The politics was how high the rate sho~ld
be set to still have a reasonable rate of return, 5t~y eompetitive J
etc. The City'. return to the General Fund vas e. politic::al
question. Tbe question of how much the rate of return should be
was one which va. properly betore the Council. The public inter
acted with the Council. On one hand members of the public
complained about their utility bUlB, ane! on the other hand they
wanted the Children's Theatre, R1nconada Pool, 22 tennis courts,
etc. That vas politics and all of it entered into the rate setting
process. She agreed with Ms. Fleming and Co~ncil Kember Sutorius
that there was no impropriety on the part ot the Coun<:il. The City
was vel1 vithin the law. Some people might feel Council Va' making
the vrong political jud9'llents on the range, l>ut the public was
involved in tne process at every stage. rt could be that Council
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neede4 to look at tbe process to d4termine whether there ~i9ht be
a aore visible Yay to .ake the public a~are that deci.ions vera
being .a~. at .0 ... tage~ She did not believe addin9 four citizens
to a council .... orklnq eomDi tt.ee would. do any 9004. 'the elected
otticial. were the en •• accountable tor the decision~. There vas
• le<;itillot. qu ... ticn about whether the City h"~ bec""'. too
comfortable depending on tran~ter5 to the General FUnd from Utili
ties. She .ncoung"d p\>blic porticiplltion in the present pro
cesses. council was elected to deal with the difficult decision
_eking and balancin.g-. PartiC';ul&rly sin-ce sose revenue aources l' .. &d
becoae less dependable, there was a tendency to look at the
transfers to the Gener&l Fund as. a cushion to the budqetinq
~=~ess. A Beparate Utilities Committee mi9ht prQvi~. a little
more scrutiny to that issue.
Chai.n.an lAvy va. glad the utility users t.sx was not an issue
because it was not an element involved in running the utilities or
setting utilities policy. He opposed the amendment f~ndAment.lly
because h~ had not found a widespread diaeontent with the utilities
operation. In fact, when residents ot Palo Alto \Jnderstoo4 the
City'. rates were qenerally one-third under the rates ot adjoininq
communities, tbey were pleased ~ith the operation. Althouqh the
City'a utilities were not perfect, when compared to other utilities
departme:""It.1S in Northern California, Palo Alto's was extremely well
run. Altho~9h there were complaints from t1~. to time, he found
~em to be random and not fundamental. The City'. utiliti •• had
been rul"l. .atiatactorlly for 4 long tim'll essentially havinq the
utilities Department relata to a committ~. of the Council. Havinq
tbe utilities n.partment relate to a co=mission which IncludeQ four
members of the publie appointed by the council and thre. direct
zeners of the Council presented several new eleMent.s of uneer
tainty. He did not beli.va e~erimentation tor experimentation's
sake vas neees6arily & goed idea. ~ather ~han bring the policy
setting for utilities closer to the public, the committ •• ,
commission .yst~ would remove it sc:e~h.t because tt.e pUblic vere
the closest to it. ele.cte.d representatives. The tour commissioners
"culd be a s.tep removed frem the public. '%'he publi~. vot.ed for the
Council and the Council appointed commissioners. The pUblic had
less of a a.ay in terms. of who the eOll11!1.issio!'te.rs were thtln who their
council )fembers were. Members of the public: knew quite IS bit aboUt
their Council Meml:Jers because ot their visibility on a regular
basis co~.nt!n9 and dealinq with all aspects of the City.
COmJ!.ission Jll.eJtber., eve.n Plenninq cO!lUrlission metllbe.rs who \jere
generally better known than meltLbers ot the Architectural Review
Soard (ARB) or the HUman Relations Commission (KRel, were much le$5
knovn to the J)'lbl!o. Applica.nts to contmissions 'Were oft.n not very
vell knovn to the Council, and oftentimes, Council had little more
to 90 en than the assertions lDade by the applica.nts and the.ir
impressions at an interview meetinq. The pUblic was better served
by having their directly-elected Council Members b .. r the responsi-
12
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o
b11ity rather thAn havinq it diffus.d in some vay. The utilities
were t.r from a .tand alone 1te~. In Palo Alto, the utilities were
.1~niticant in terms of their impact on the community aa a ~bo!e.
Toxies, recycling, gene~atin9 and conserving electricity ware All
de~lt with from a broader point of view than they were from most
other ~ti11t1e.. Th~ proper focus for the utili~ies ~.5 Cou~cil
Mellhers who dealt with the total community and had the evertll
p~rvi.v.. Se oppos~d the commission concept ar.d supported the
co=-1ttee concept.
council Member lCni .•• continued to support the commission concept.
While she would support the a=endment, she could count the votes,
and Euqqestad council continue to look for ~ays to get the" public
involved. For the Rost part people in the. cOmIrlunity who 'Would
apply for co-=1ssion membership had 1n~redible backgrounds.
lUIENDKEtrr FAtUI) 2-2, JAvy, xenul voting -no.·
Council Member Andarsen appreciated ataft '. recommendations in ma.ny
respeets but would oppose the motion ao the issue of a commission
could be br~ght to the full Council. If thare were legal i.sues
involved with a commission consisting of three Council Membe~s and
four llIeJ1lbera of the public, he would support a full I1Ulities
co .... balon 1:> ... <1 on appointell people ~ith a liaison similar to
other k!nds of coul.sio"" 110 the city. lie war-ted to keep the
commission a. close to the Council as possible~ It ~as important
for tho full Council to 4iscuss the iss~. an4 brinq it before the
public.
AMENDMENT I Couneil Member Renzel mov.d~ seconded ty Kniss, to add
Ite~ (5) to ~.co~end that Council direct staff to p~rsue ~ays to
increa.. the public'. notification and awareness r~9arding
utilit.l.s rate. Betting and t..ra..nsfers to. "the. General Fund wh~n t.hese
issues were belnq di&~ussed durinq the budqet proc.ss~
A!'ENt>KENl' PUS!!I) 4-0.
Chairman Levy asked. whether the Policy and Proeedure.. ("1')
Committee bad discussed It~ (3) of the main motion which referred
to the cbar;e to the cOJImi tta ••
Ms. Fleminq add .tlff would return vi th that info",aUon if
Council approved the recommendation.
Chairman Levy beHevelS it w .. appropriate to have three Council
Members on each of the three committees, and the Mayor should serve
on the committee: 'Which dealt wlt..'l intergovernl'l'.ental Il.attars and
relationships b~caus. the Hayor ~.s the focus for other jurlsdi:
tiona .nd enUti .. in dealinq with the co.,."",ity. lie believed tha
Policy an<! Servi"es CouUtee would turn out to be the I:>roadest
13
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o
committee and given the nature and power of the Mayor. it ..... as
probably beat rot' the Mayor to aerve on a more. :CrQ&~ly-basec.
co~itt •• rather than on one of the other tva committees.
AMENDMENT: Chairman Levy moved to recommend to the council that
the Mayor be designated to lien'e on the policy and Services
Comm.!tt~-e.
r.HENDilEN'l' DnD FOR LACK OF A Si:COND
AMElIIWOKENT1 Chairman Levy moved" seconded:by Renzel" to .add to Ite:m
(4) that the City's lia.isons to the. Northern California Power
Agency (NCPAI and TANC serve on the Utilitias Committee.
AI!£NDKEII'1' PASSED 4 -0 •
council Kember Renzel querler3 whethe.r staff would return to the: P&:?
committee or qo directly back to Council vith reco~endations in
terms of the charges to each committee when it reached that point.
Ms. Fleminq &ald .taf! would have no problem bringinq the matter
back to the P'P Committee first.
AMENDMENT: Council Kember Renzel moved, 8econded by Kniss, to add
to the first paragraph reeom....'Ilendation that Itaff be directed to
prepare an ordinance amendlns the MuniCipal Code and report bOGk
to the policy and Procedures Co~~ittee.
AJ!ENDIlENT PAUED 4-0.
Council Member Andersen believed 'While staft and the council nee.~ec
to recognize and provIde for the necessary intra structure improve
ments, they allo needed to demonstrate '~traordinary prudence to
the community in terms of the strong c~it=ent to the rate paY9rs.
Chairman Levy supported the main eotion as amended. The recor:.:
mendation spoke not only to the utilities but al~o a division of
Council responsibilities .... hich would :ii:a1ce each cour.cil Me~er
tetter able to serve in qreater depth. Each Council Member livec
in palo Alto and used and paid tor the utilities. Therefore, the
S8.!ll8 conflict of interest 'Which confronted Council Members as
Council Members confronted them as representatives of the entire
community. CO\L~eil Members could reduce the utility rates, and in
aoinq SQ, the .ervices provided to the com::nunity as 'Well as to
Council Members. would have to be reduced. Every citizen had the
sam. conflict as an individual Council Member: the fact that
CQuncil Members were the decislon-m~kers in that conflict did not
.. ak.. the conflict different. He ~elieved Council telt the
responsibility as if they 'Were regular eitiz.ens becA",.se Uey'Were.
p,p, na9-90
5/01/90
/
council Member Knis. a.k.~ to have Item (4J or the =otion aeparated
for purpo ••• of voting.
Chairman Levy ruled that Itea (4) eould not be separated bec.~s.
it vas an 1nteqral part ot the recommendation. If Council only
recomm.nded two of the thr •• committees~ Council vas essentially
retaining the .tatus quo.
AKEIlDHlN"!'t Council 'Member :Kniss moved to amend the 1!totion to
del.te Item (1).
lIl<t:>'l>KZ1n 01.0 roa u.cs; OJ' A al:COJll)
MOTION RESTATI:D, RECOMMEND APPROVAL OJ' ~ STArF RECOMME~~ATION
Jl!:I'LECTED 111'1'11£ n'AlT "PORT (CKlI:27Z'O) WITH AKENDKE.rrS 1'0 DEFINE
"UTIL1TXE8u TO INCLUDE GAS, 'IAn • ., ELE'CTP-XC',. UFOSE COLLEc't'rON ».'"0
DISPOSAL, BTOJIK DRAINS AND WASTEWATER TREATMENT: 1'0 REQUEST THAT
COONCIL UISTaUCT SUFF ~ INCREASE PUBLIC AWARENESS AND NOUCE
REGARDING RATE BETTING J.IID TRANSFERS FOR UTILITIES: AND RETURNING
THE OROINAlICE TO ~ POLIcr AND PltOCEDURES COMMITTEE FOR TilE
SPECIFIC CHARGES TO EACK COMKITTEi.
KOTION AI ~~HDED rAILED 2-2, Andersen, Xn1ss voting ~no.·
C'ouncJ.l Member Andersen intended to request an op_inion trom the
Acting City Attorney regardinq the leqal ramific~tions of the City
Council aarving \lith :ac.e.ml:Iers at the public: on an appointed
commission.
Council H~mber Sutor ius Obsarved that durinq the discussion that
evenin9, the P'P Committee had used the word ·a~visory.· There
were many jOint powers authorities ~JPAs) which had qUit9 I mix of
elected officials and/or appointed citizen representatives from
particular bodies and professional staff. It w~s not an uncott~on
occ~rrenc.. In those cases, the JPAs vere much more than 6dvi50~.
When the issue went to Council, he believed it vould help to have
a listing of the Public Works f~ctions that vould potentially be
under the auspices ot the Policy and Services C~mmittee. ~nere w~s
some important commentary on t.i.e ra.te responSibility, and he
believed palo Alto was fortUnate predecessor. were caring and
effective inOividual. when the Charter provisions stipulated that
the Utilities could not be prostituted tor the General FUnd nor
the individual utilities commingled. The last ite~ in the Charter
stated it there was any surplUS, it could 90 to the General lund.
In terms of Council's responsibility to vcrk with staff to ens~re
adherence to the city Charter and to the City's philosophy and not
qet cver-anthusiastic abeut the General Fund, the utilities needed
to be taken care of first. Council and .taff also needed to work
t.Qgether t.o ensure 2111ocatiOl'ls of costs teo the lJtilities were fair.
15
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Council Me~~r Ande~sen .aid tha issue va5 comf1ex, and he was not
wedded to the partic~lar structur.. He saw the meri~ in the staff
recommendation but was int.r~5t.d in hearing altern~tiv.s. He vas
adam&nt about baying eitben involvement in the utility process and
was interested in .xplo~ing ways it co~ld be accomplished while
providing the Cour.cil with ~~e ultimate r~5pcr.sibility regarding
utilities. lie .... ,. not lock.1! into anythL"g and was """iolls to
explon the various ,,1 toratives throuih a dialogue whieb IOiqht
create an effective, vorkin9 committee structure for a utilities
commissiDn/committee to provi~. tor eiti~en input.
Council Member McCown believed Mayor Cobb's su;;esticn and Couneil
Member JCniss' :mction was an excellent way to pr:x:eed. She 'Was
inter •• ted in the ~.o major, competing concepts discussed in the
ainutes, and had another which she 'Would put on t."1e table for
dis;ussion. She believed ~e qive-and-take weul~ be pr~euctiv ••
She vas concerned al:Iout the timing': altbouqh tiler_ "'as no ursency,
the P'P Committee bad put a lot of wor~ into the issue, and she
would like to see a decision mage expe4itiously.
City Manager Willi •• Zaner .ai~ the agend. vould be clear on the
lirst meeting in August.
Council Meml:>er lCniss queried 1f all of the Council Members would
be available on the first Mondoy in August.
Council Meml>er Sutorius queried what was "c:heduled tor July 2,
1990.
Mr. Zaner said .taff planned to bring a proposal related to the
completion of the existing garage at Cowper at the July 2, 1990,
meeting. Thera were time constraints because of the private
parties which were involved.
Mayor Cobb said council Kembers McCown ~nd Fazzino indicated they
would be gone the first Monday in August. He would vor~ with staff
to ache4ule an early date wben all Council Members cou14 attend.
He aqreed with Council Member McCown that a qC>Od., constructive
cliscuss10n should occur as s.oon &15 possible. Council Members who
had additional recommendations sbould p~t them in writinq and 41s
tribuu them 50 thRir colleagues could bave a chance to think about
thea before the Spacial Keeting.
.. .~J::lt fr~m Council Minutes f'.1une 11. 1990
~
12. rbe Policy and Proce~ur.s Committee .akes no recommendation
to the City Council re Council StanCU:19 COmlllittees (701)
(c:MR:272:0) (CXR:355:0)
Council Kember Levy .aid the Policy and Procedures (POP) Committee
was not s~cc •• s:ul in formulating a specific reccmmendation
reqarding the reorqanization of the Council St~ndinq Comm1ttees$
althOQqh & qreat deal vas agreed upon. Staff recQmJ:len4ed that the
CO\,U'lcil .eve frDm two to three .tanding committees; that all nine
council Members incl'tl~inq the Jlayor participate in the committees;
that each committee bave three members; that the P.P Committee be
r-enued the Policy and Services Ccmmitte.e and its functions be
retained with a greater emphasis o~ reqlonal issues: th~t thm F'PW
committee, wbich bad a qre.ater workload, dissolve iu respon
.ibility for utilities; and that a separate committee be torme~ to
handle the utilities functions. The POP commit~ •• discussed the
staff recQmmendation and an alternative recommendation put forth
by council Members Andersen and ~,iss that ~~e utilities fur.etian
be a. commissi=n rather than a committee and consist of three
Council Members and tour mambers ot t..he pul:lic who would. be
appointed by the council. Att:er .xtensive disc:Jssion$ two p,p
Committae Xembers .uppo~ed ~~e commissicn c=ncept and two
supported the .. taft reeommendetion.. No overall t'ecommendation vas
made by t.~e r.p Co~ittee: hcwevec$ it did essentially aupport ~~e
concept t..""at t!'le functions be <!ivideo:! into t.;'::-e2 pa:-:s a!'ld t."1at
each part h~ve th=ee council Me~ers$ but: could not agree upon the
pr~r r.pr.&enta~ion of th~ utilities t~ncti~r..
Mayor Cobb said. t!le cocplex issue involved s~=~nq and cHfferil'lq
opinions and was concerned. that 't!le discussion miqht l.ad the.
Council to ccnclusiens which it might late: re~et. He s~~qested
the Council dis~.lsS the issue as a QUasi-C:::m:!.i -::~ea Q'! -t..;e Whole 50
ideas could be sbar~~ and B consensus reached bet ore :aking formal
~otions. He hoped t!le Council would vote to have ~hat type of
round table dis~ssion before to~alizinq the i~e~ because it had
~rtant. f&r-reachin~ consequences &n~ &hcul~ not be det.~ined
casually or in ~e vronq structure.
lIOTIO!f,: Ccuncil Kel'!ber Kniss moved, sec:onded by .An.de~sen, to
discuss the issue as a OUasi-C~mmitte. of ~e w~ole ..
Council Member x..",iss sai~ t.'le. cou."'lcil Stanc:.inq commit'tee item
deserved an eve:dm; to i-:'self, given t.."le amount of dis.:ussion
already held en the it~ on the concept of bavi~q ~~ree c~mmittees
instead ot t .. o end the possibility of having a c:ommissicn 'Which
involved the community as well as C~~cil Sembers. rarticipation
'Was the proces5 ,in Palo Alto a.rlci ~~e citizens leoked upen decision
making' illS a ten ef:!o:-t.. To overlook: the pe~icipation aspect
would be clenyinq important feedback and input frem the community.
Sbe stronqly sUPPQrted the motion.
o
Ms~ Fleming .~99 •• t.d staft consult with the Acting city ~ttorney
and be prepared to r.apon4 at the City Council me~tin9 in ~erms of
any leqal iasu •• surrounding Council end cit1lenry serving on a
commiasior.. In that vay~ the ~ctinq city Attorney wo~ld have 50m~
direction, and it it was a real task, he could obtain a further
assignment at th. Couneil ••• tin9_
Chairman Levy believed it vas e6siest for Council Member Andersen
to ask Acting City Attorney Anthony Bennettl directly.
3. fll1'tTRE: KE.ETltlCS ScmOOLES AND AG£NPAS
Ms. Rudin .aid th. next •• e~inq was scheduled tor Tue&d~y, June 5,
1990. The agenda 'WI. anticipated to include 'tl'le discussion on
plastic di.posable food packa;lnq.
fhe ~olicy and ProcedYres committee adjourned at 9;40 p.m.
NOTE: Sense minutes {8ynopsis> are prepared in accordance with
Palo Alto lIunicipal Cod" Section 2.~'.'OOlb). 'rhe City CO\lncil .. nd
Standinq committee aeetinq tapes are made 501ely for ~he pwrpose
of f .. cilitat1n~ the preparation of the ~in~t.s of the ~.etin9s.
City Council and standing Committe. meeting tapes are recycled two
years from the date of the ~Qatin9~ The tapes are availabl~ for
sembers ot the public to listen to durinq reqular office hours~
16
P'P;19S9-90
5/01/S0
(continu~d'
2. ~~E~~:~~~~E~ ·ORDINANCE OF THE COUNCIL O .. -'I'H>' CITY OF SECTION 18.08.040 OF ALTO
ZONING )lAp) '1'0 THE ZONE
O~~~O~~~Y LOCATED AT 851 ROAD FROM OR
A;.a;~~~~(~:£;~~.;PiA~S~S~ED 5-2 •• nzel -no,· 01 } (30
' •• lrlDo/blsa Levy, Renzel -no,·
Andersen, Cobb -not patti
UNFIHISHED BUSINESS
POBUC HURINGS
COOHCIL MAttERs
APJO\IRI!MEIIT: Adjourned to a Qua.si committee of the Whole re
Council Standing Committees -8:00 p.m.
CoNlJ8utariu. -That the question/motion before the Quosi
Committee of the h~~le be wbether to reorganize the Council's
standing Committees
RECESS,· 9;40 PM. TO 10:00 P.M.
'lrooll.y/AD4eree .. -lUIENDKZHT: Refer to the PoliCY and
Procedures Committee that 1) there be .. five-member Utility
advisory board similar to the Planning Commission 'With a
• council liaison; and 2) retain present two, tour-member
standinq committee status; hO'Wever, that the Policy and
Procedures Committee look at reallocation of the
responsibilities of the standing committees -AIIENDMEII'r PASSED
9-0
DNAL A!lJOIIRN!!E!!T: The meeting adjourned at 10:25 p.lI.
10/01/90
•
/
Kay H. 1990 . '
NpTES fROM PHONE CAT T ' BE UTTLITIES OQMH!SSION
City ot Alameda (74.887)
Juelle-Ann Boyer, Asst. Gen. Hqr. auslnes! , Finance
4l5/7U-l91.0 ,
Tbe 5~~~er Public utilities Board has auth~rity to control and
manaqe the electric utility. It bas authority to set rates. It is
NO'!' just an advisory body. Members are recommended by Mayor #
confirmed by Council. Althouqh Charter does not say it, City
Attorney bas advised that actions of the Board can be appealed to
the City Council. Ala=eda 15 over 100 years old; the Board dates
back to at least 1920. The current charter was adopted in 1937.
Difficulties, Board often wants to go beyond policy setting and get
involved in day-to-day operations. It takes alot ot start time to
keep thea on track. Philosophieal ditterences betwe.n aoard and
council create problems also~ Chart.r s~cifies that City Manager
ahall be a voting seml:ler o~ the Board... This was apparently
designed in order to create a liaison between Soard and Council,
but it actually makes him -s messenger to get shot at-by both
bodies. A better liaison would be to have a Council Member sit on
tb. Board.
City of Anaheim l237.50§'
Kathy (Secretary). 714/999-517l
The 7-member Public Utilities Board 1s advisory to the Council. It
meets twice a .onth and is responsible tor policy recommendations
concerning elect.ricity and water. Utilities General Hanaqer is
statf to the Board, assisted by o"ther city staff and city attorney_
City of Glendale [159,000)
Carolyn QUam, S.c. to Director ot ~~lic service Dept.
818/956-2107
The 5-member Public service {utility) Commission is advisory only ..
·Ooes not have .lot of clout-but bas been helpful in developing
the City's vater conservation plan. The cQmmission was oriqinally
established in 1950. (aich Young was previous director of
utilities in Glendale.) The commission deals vith policies
9overnirN) the wate.r and electric utilities~ It does not qet
involVed in rate-setting.
~ity of Long Beach (40§,QQO)
Bob Cole~ Assist~nt General Manager, Water' Sewer Dept.
213/426-5951
oriqinally the ~-member commission was strictly a Water Commission
with authority over the City'. Water Dept. In 1988, a
1
•
o
reorganization occurred where responsibility tor sewers was removed
frOll public works and t.ra-nsferred to the Wa.t.er Dept. and c:oll'llbission
now has responsibility for both. Commission has real s'.:t..'1ority,.
actually hirinq the lIIanaqellent staft' tor tile departzent ~
co.ami •• lon adopts the budget for the department, which is
.ub .... quently approved loy the Council (but not change';). Commission
•• ta vater and sewer rat~6 and .~t. policy for operation of the
utilities. An annual report 1s prepared. Council's role is one of
overoight.
city ot colton (3l.BCO)
Gale Drews, Electric utility Pirector
714/370-5104
The 5-mell!ber utility Commission is appointed by tile Mayor and
Council, for~-year terms. colton does !"lot advertise. for
applicants: Mayor makes the appointlDer.ts, acceptinq recc:nmnendations
from Councilmembars. The Commission is A reco~endinq body only,
meetinq once a month or as ne.eded. Commission established in 1976.
commission deals with water, refuse, and electric. Rate hearings
are held before the: co:mmisslon, .'hich then recommends tOo Council.
Statf Ray make separate recQmmendaticns. -The COUlJllission ta.k.es the
heat ott council.-
City of Santa cruZ (91.000)
Dan Whatley, Water Dept.
408/429-3670
The 7-mamber Water Comsission is advisory to the Wa~er Department
and the City council. City uses cpen application process to
solicit applicants who are appointed by the City Council.
commission is supposed to focus on policy issuea, :bUt this is
difficult. The Commission meets monthly. tor 3 or 4 hours in the
evening'. Agenda bas both consent and discussion items. The
Director of the Water Department me-ets 'iiith the Chair ot the
Commission in advance of the monthly Commission meetinq. Regarding
rate aettinql the city uses a consultant to develop the
recommend.ations, which then go to the Commission and ultimately the
CoWlcil.
City and County of San Francisco (742.000)
George Krueqer, Counsel to the P.U.C~
554-73U
The 5-memberPublic utilities Commission is appointed by the Mayor
and in turn hires the qeneral manager ot the P.U.C. who hires the
managers of the Water Dept~ and tl'le Hetch Hetchy Weter " Power
Dept. The ec~ission is o~viously .ore than just advisory~
City Dr Ri~er8ide (199,QOO)
Brian Thoma., I~st. Director/Fin .• Admin., Public Util. Dept.
714/782-5781
<
The 7-mamber Boa~d ot Public Utilities is advisory to the
department and to the city Coun~il. Members are appointed by the
Council. CUrrently responsible tor watEr and electric utilities:
city 18 considering shifting wastawatar to the utilities dep.rtl!!ent
as vall. The Board does have responsibilities which are stronqer
than just advisory. The Board is the rate-•• tting body. Although
the council .ust approve t.he rates .at by the Board, it cannot
aodity tha rates; however, it can send the rates back to the Board
tor reconsideration. This has happened. The Board also must give
initial approval to any utilities department expenditures greater
than $5,000 betore they are approved by the Council.
City 9t Los Angel,s (3,]11,500)
Linda Newman, Asst. Secretary to th~ Board
213/48l-6400
The 5-m~.r Beard ot water and Power Co~iasioners ia a policy
settinq board tor the electric and water utilities and oversees tha
operati~nl of the Dept. of Water and Powar. Members serve for 5-
year t.rms~ .taqqered~ with one aeat ~xpiring each year. Members
are appointed. by the Xayor~ confirmed by the Council. CUrre.nt
me.abera represent a broad spectrum (lawyer, environmentalist,
planner, businessma.n, and labor union.) .Representation. from
various districts of the City is another consideration. I&&'Ue.s
which ca.n.not be resolved by the Dept. General Xanager are alse
referred to the Board, ~.q., customer service, employee qrievance!:.
City ot Roseville (32.000)
Dave Dockham, Asst. Utilities Director
916/781-0603
The 5-member Utility Commission i5 advisory to ths Council in the
areas of W1lter, electric, se""er, and refuse utilities. The
commission reviews any decisions affectinq rate.. Applicants t~
the Commission are .elected by vote of the City Council. No
minimum experience haa been raquired ot appointees to the
Commission and this has pres8nted .o~e problems: orten the
commission lacks the perspective of the Council and does not really
unde.rstand the issues. COmDiission ~eet& once. a month and is
staffed by the directors of the respective utilities.
T""n.e foregQoing notes are from telephone conversa.tions a.nd are
supplemental to the. excerpts from municipal codes and charters
beinq sent by the respective cities.
•
. ".
June 4 .. 1990
SURVEy OF OTHiB CITIES WITH UTILITX COMMISSIONS
Infonlatlon tollows this format: City,. title of commission or
board, n~r cf members, term, manner of selection, meetings,
powers and duties~
City of AlAmeda 174.8911
Public utilities Board
5 .embers .. one of whom shall be the City Manaqer
Four year terms, one commencin9 each year
Mayor nominates members, Council appoints. One member shall be an
electrical, civil, aininq or me~~anieal engineer.
Board has real powers spelled out in the City Charter; it is not
_imply advisory. ·control and manage all public utilities owned by
the City ••• --'Io contri!.ct tor the purchase of materials and
supplies .... • aTo contract for the purchase ... of qas, electrical
energy or such other public utility service or commodity ... • -To
fix rates for the .ervices of all utilities under its control and
manaqement.1!I -To establish and abolish positicns of employment
under its control and fix the compensation and prescribe t-~e duties
thereof.-
Although City Charter does not state it, city Attorney has advised
that actions o~ the Board can be appealed to the city Council.
City of Anaheim r217.SQ6}
Public Utilities Board
7 members
Four year terms l with staggered expiration years
Appointed by the City council
Meets twice a month
Board is advisory to the City Council. powers and duties include
aakin<j recommendations to the council c:oncerninq: the operation and
conduct of the electric and water utilities: the establishment of
rules and requlations and rates; the duties and qualifications of
the Public Utilities Director and. other employees of the Pul:llic:
Utilities Department; the acquisition, construction, improvement,
extension l enlarqement l diminution, or curtailEent of all or any
part of the electric and vater utilities; the annual budget of the
Public Utilities Deparbaent during the process of its preparation:
tina.ncinq including the issuance ot bonds for the electric and
vater utilities. .
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City of colton (31,100)
Utilities Co.-iasion
5 .embers
/
Four year terms, with one expiring a year for three years~ and two
on the fourth year.
Appointed by the Kayo~ with the approval ot the City Council
Meet. once a month or as needed
commission is advisory. Its powers and duties are: consider the
annual budqet tor electric" water, sewer, and refuse collection
services during the prcx:e.. of its prepe. r-I!t ion and make
recommendations to the City Council and the City Manaqer~ recommend
to th~ City Council schedUles of rate3 fer electric, water, sewer,
and refuse services; make reports and recommendations to the City
Counell reqe:rdinq electric, water, sewer, and refuse collection
.ervices; aake reports and: conduct surveys as directed by the City
Council ..
City of Glendale (159.000)
Public service Commi.sion
5 aeJll:>ers
Three year terms
Appointed by a majority of the council
Meets at l.ast once a month
-The powers and duties ot the Commission are of a~ advisory nature
onlYt and do not include the power of directing t.~e conduct of the
Public Service Department or its divisions~·
Commission deals with policies governing the water and electric
utilities and does not get involved in ratesettinq.
The powers and duties include making recommendations concerning:
the need for changes or additions to the facilities of the PUblic
service Department or its operation: ways and means of financing
chan9~s and additions to the plant or the =ethods of operation of
the P..lt·lic Service Oepartzent: chanqes of administrative policy
which the Commission deems desirable in order to better ser-.:e the
people. The Public Service Commission sits as an Aweals Board in
all cases where a customer has been unable to resolve the
application tor relief with the DepartJnent. Sullject to approval of
the city council, adopts rules and regulations for formation and
operation of water Conservation Appeals Board~
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City or Ipng BeAch (406,000)
City h ••• 9as utility which i. 90verned by the City Council. A
co.aisslon i. responsible only for water ana sewer utilities.
Board of Water Commissioners
5ael11bers
{info missing on terms, manner of .el~ction, and meetings~)
The cowmission bas Pthe complete and exclusivR power and duty to
supervise, control, regulate and .anage the Water Department, and
to wake and enforce all necessary rules and regulations
therefore .•• • The Commission hires the management staff for the
department and fixes the rates for water and sever service.
City af Lgs Ang!lg§ (3.311,5~O)
Board of Water and Power Commissionere
5 aeabers
Five year terms, one expirinq ea~h year
Appointed by the Mayor, subject to approval by 5 majority vote of
the council
Reqular ~etinqs be14 at least twice a month
AcC'ordinq to tbe City Charter, the Water and Power ~partm.ent
·.~ll be under the control and manaqement of a board of five
co:mmissioners~· Board bas the pover to appoint and remove the
general .anager of the department. Among the powers cited in the
Charter are: authority to enter into various contracts related to
acquisition, exchanqa, or sale of water and power, and to contract
with others for construction, ownership, operation and maintenance
of facilities for the qeneration, transforzation, and transmission
ot electric ener9Y~ At least once every 10 years, the Board shall
cause an independent industrial and adlrii!"aistrative survey to be
aa.cle of the business and property of the department to ascerta in if
the department is beinq operated in the most efficient and
economical manner.
City of PasadenA 1131,960)
Utility Advisory commission
, .. embers
Thr.e year terms, li.ited to two consecutive terms. Three members I
teras expire each year.
Appointed by the City's Board of Directors (City Council)
Meets at l!!ast once a month.
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Pasadena, cont'd_
Accordinq to the en.blin9 ordinance, -The commi •• ion shall 6dvise
the board of director. on policy matters relating to the operation
of the city'" vater and power utili tie. b\,Jt ahall not involve
itself in the day-to-day operations of nid utilities.
Specifically, .aid commission shall advise and recommend to the
hoard: ot directors policies and programs in regard to: (foll.:JWed by
~ items)~ aa e:eerpt fxoa Pasadena' •• UDl~ipal Code t. attache4.
aerar to '.ctlo~ J.iCO.llO.
City of Redding (~5.4391
Electric Utility Commission
7 members
Four-year terms, with staggered terms. However, comzission was
established in 1986 to serve for eight years, unless rene~ed by the
city council.
-All members sball be selected based on their qualifications by
realion of their kr..owledge and experience by the mayor, with and
.ubject to the approval of the city council .. -
Meets twice a month.
The commission has the followinq duties and responsibilities: to
aet as an advisory body to the city council and lII~ke
recommendations regardin<] the electric utility based upon the
review of materials relevant to the areas of electric power needs
projection; acquisition, or construction oL electrical power
fieneraticm and supply: transmission facilities: joint powers aqency
activities; and other areas of electric utility operational
concerns deemed appropriate ..• ; recommend rate policy and
construction policy; recommend political action on energy-related
matters.
City of RiAlto (61,147)
Utilities Commission
S HlIIbers
Four-year terms, with one expiring each of the first three years,
and two expiring the fourth year.
AppointeeS by the mayor with the approval of the city council ..
(Frca the enabling ordinance): -The Rialto utilities commission
advises and .akas recommendations to the city council on problems
of public relations. standards of service, acquisition and/or
franchiSing of utilities, rules and requlations and such othe.r
problems Vblch the city council may submit. The commission also
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city Of Rialto, cont'd.
brinqs tD the city council matters relative to 'Water supply,
~.tewater quality control, and policies affecting the utilities
divl.ion's operations which have come to their attention.-
City of Riyerside (199,000)
Board of PUblic Utilities
7 aembers
Four-year ter.Ds~ liaited to two consecutive full terms.
Nominated and appointed by the Kayor and city council.
Meets at leaRt once a month.
city cbarter states that the board of public utilities shall have
the power and duty to: make recommendations concerning the annual
budget for the dept of public utilities; within the limits of the
dept budget, authorize purchases to be let to bid., and authorize
the acquisition .. construction,. improvement, extension., enlargement,
diminution .. or curtailment ot. all or any part of any public utility
.yst .. ; within the li.ita of the d.pt budqet, ~ke appropriations
froll the c::ontinqen....."-y reserve turtd for capital expenditures directly
related to the utility tunction~ require of the city maneqer
IIOnthly reportli of receipts and expenditures of the dept of public
utilities; establish rates tor water and electrical revenue
producing' utilities, but subject to the approva.l of tbe city
council; approve or disapprove the appointment of the director of
public utilities; JIIaJte such reports and recommendations in writ.ing
to the city council reqard1nq the dept of public utilities as the
city council shall deem advisable.
city of Roseville e32,OOO}
Public utIlities co_ladon
5 members
FoUr-year teI'lls, overlappinq" No .ember shall serve more than t-wo
consecutive teras.
Appointed by the city council.
serves as an advisory board to the council on matters regarding all
utilities and enterprises owned or operated by the city. Adopted
statement of purpose says: -••• to assure that the city's electric#
vater, wastewater, and solid waste utilities continue to deliver
reliable service at the lowest possible ~ates While adhering to
.ound business principles. Further. the Public utili ties
Commission will study and advise the city council on matter& that
affect the current and future operation of the utilltiesa·
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City of Roseville, cont'd.
DUties include: advise tha city council reqardinq planning, rates,
public Intoraation, and otber matter. relating to such enterprises,
and .ay hear citizen complaints as to operation or rates.
CIty And county of SAn Francisco 1742,000)
PUblic otilities Comai •• ion 5_r.
F~~-y.ar term., staggered teras.
Appointed by the Mayer.
Tbe commi .... ion has extensive powers, includill9 appointing the
aanager of utilities; have charqe of the construction, management,
supervision, maintenance, extension, operation and control of all
public utilities ••• : enter into contracts; is al~o responsible for
municipal railway and foreign trade &ones; has power to fix, change
and adjust rates, charqes or tares.
City of santa CruZ (.l,OQQ)
water commission
7 aeabers
Four-year teras, staqqered 50 that at least one and not more than
two expire. each aucceeding year.
Appointed by the city council.
Meets at least once a month.
The commission acts in an aQvisory capacity to the city council in
all matters pertaining to the santa Cruz water system and the
maintenance and .anaqement thereot. Other duties relate to long
r~r~e plannin9 for sources, storage, transmission and distribution
of vater.
NOTE: "l'he code sections or other materials from 'Which this summary
was prepared are available. See V. Rudin.
attachDent
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B. The-commission:shaI1 ~y Uld bold pub-
lie hcarinJ,S assessi.D1 the econ.omic. enviroJJ ..
mental aDd: social adequacy of the city"s
tmuponatiOD system ODd sbaIl =~mmend
sIlott ODd !oDJ-ra.n1< measumi for ;,. impro .... -
III<Dt.
C. ne commissiOD.nall srud)' ""d make poi
icy recommmcfatioD.5 to the board or directors
OD the foDowing policy issues:
L Measuns .tr~DI the aaIIic t:ircYlatiOD in
the cenlr.ll busiaess district;
2. ADnua! and IoDg-ranl< alIocallon of Prop
coillon A IUDds;
3. 1M anDuai and ~ 1= capital propams of
the city reprc!ingJlreeI$ ind tnnsportation:
4. FoderaI. 5ta1e ..,d rqiona/ actions .tr~.g
tb-= transpOrtation .a1:tWOri. servinI' Pasadena.
iildudinq e.ti.ui", and proposed ii1:ewa!"!,
5. Inclusion ofP>sac!cna i. Southern Callfor
nia'slight raiJ t:ansit neIWoric:
6. Measures designed 10 manqe or toduc<
aaIIic conBOStion. including ride sharing. van
paoliD" _ring ofwork hows. .pp)jc;uion of
.ew ICChnol"ll' and el!<OU"...",en' of alternate
modes oftr:lnsit:
7. Provision for • down!Ow1l public tnnsil
sYstem such as a tro~ey 0< .nuttJe bus sysrem:
8. Protection of resideDtiaJ .eiibborhoods
from aepti"" tnnsportation sysrem imparo:
9. Provision for ""';ce 10 those with 5mited = '" traDsportation. includiDS the poor, the
d"l5ab!ed. the elderly aDd the yoUlll:
10. EaetJY co~tio. aspeas of transpOr
taoon;
II. Sucit other matt.,. as sbaJl be referml
from ~ 10 time 10 the commission bv 'the
board ofdirectors. (Ord. 62-"'9! 2 (part~ 1987;
. Chap'et 2.1-10
L"TlLITY ADVISORY COMMISSION
Sectioas:
1.1-10.810 Short title.
2.1-10.020 EotablishmonL
1.1-10.030 Membenhip-AppolDtm.", and
1.1-10.040 ~
1.1-1O.D5G AbH_ """ ~.
2.140.060 Elecdoa of ofIken.
1.140.070 M .. tiap-RKcrds.
2.1-10.1)80 RDIes """ ,","ladocs.
1.1-10.090 """,,"I report.
1.140.100 Disclooun requirements.
1.1-10.11 I) I'ur!>os< """ functi .....
2.1-10,120 E.~piralioa of chapt.r.
2.140.910 Short dd •.
This chapter .Iwl be known as the "Utility
Advisory Commission Ordinance. .. (Ord.. 6229 §
2 (pan). 1987)
2.140.020 EstablUhmoaL
Then: is ~ted and estabfisbed a comrnisslon
of the cty to be known as the -utiliry adviso:!,
com mission" and ben:inatu~r aJled "commis
sion. • (Orti. 6229 § 2 (part). 1987)
2.140..030 1\orembef'Ship-AppoiDrmml iLDd
'.rms.
A The commission shan consist of 9 meID
ben. who shan be appointed as foDows:
L Eacb or the 7 dire::to~ shall Dominate I
member for a loW of7 members;
.l The: mayor shall cocti nate tile n::n.4i:ning::
mcmbe-l'5 from persons recOl'"o! mended by the
other ~ directors;
3. All3ppOi.iltmenu are subject to ratification
by the board of dim:!ors.
B. Members sbaJl be appoicted ror a term of3
ye3.r'S. and ~ serve DO more than .2 coD.Set:utlve
terms. A term of less than I year sI!.aJl not be
considtred a fuO term. Terms expire on June
30th "1>hbe-applicablo years. A mom bet sI!.aJl
conrinu~ in office tor the term for which he/sh~
was appointed or until bislher successor is
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appointed.. NQ member .,b.oO .w SC't'Ved 2 COQ
serutive =. shall be eliiIbIe foc=womnnent
to the commissiOD prior to the ~ oil 2 year
iDterVaI.
C. If I member ceoses .. lCSide in the city
prior 10 the e.7.pira:tiOD 0( a 1eIlD. tht member
may complete the lenD oDI~ gpoD _va! by
the board of directors pursuant: 10 Section
2.4$.020.
D. Any member of the commission may be
mnoved by the board ofcllreaot:l ~t its pl=
(On!. 62.."'9 12 {pan~ 1987}
2.140.040 QuaJiIIcI_
All member.! sIJaIl be re<iden" of the city;
provided however, that a pctSQn tIIominaad by a
d:-r=ot need DOt reside in .he <5m:tor's district.
lOrd. 62.."'9 § 2 (part~ 1987)
2.140.050 AbseDces """ 77 I'd"
A In the event I. member has .3 COIl!cc1.nivt
unacused absences from meetinp of !he com
mission, u.. board of cIlreaot:! =y declare the
office of such member vacant The.wr to the
~mmi.ssion shall advise tne .sccn::1a.r! to the
mayor.o( an:--member ,,-jib J coD.5eCUtive UDU
cused Ibsen.,... The chair of the commission
may acuse absences.
B. Vacancies. whetber sched!llC'd or
lUlSCheduJed. shall be filled by the penon who
nominated the memben to the; vacant office.,. or
by hislber :SUCCeSSOr. in the same m3!1ne-r as set
lOrn in Section 2. !40.03O. (Ord. 6229 § 2 (pan),
1987)
1.140.MG E1ectiDn Df.1Iicas.
At the lim meeting of the commission, ""d
Ibereafler at its 6sst meeting of eacb subsequent
year, the member.! shall elett I chair and • vico
chair; In the absenct 0< disability of the chair md
vice dwr. the com misslotl may designate & tern·
penry cbai%; COrd. 6221l § 2 (pan~ 1987)
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2.140.070 M~tinp-R",",rds.
A. The commission.shaD meel at least ODce I
mooth. All its meetinp shall be ~!d iz> acconj.
aoce wit!! !he Ralph M. Brown Act ."d shall be
open 10 the public except as """ided by law.
SpecW meetings may be called by the chaiT 0< •
majority oftbe commission.
B. five members of the commission shaJl
constitute a quorum. No acnOD of the c:ommL tis
sion shall be valid withey", a majority vote u.n.less
a dilTeretll rule i5 provided herein. (Ord. 6~9 § 2
(pott~ 1987)
2.J.lO.1J8{I RuJ.s &lid rquiadons.
"Th.e commi.s.sioQ shaD adopt and amead. by
the affirmative vote of S members. rules and
regulations for the condu(1 or the co nl mission'$
business, conSsttn. with this ohapt"" Such rules
and regur~tio as shall be submitted 10 the board of
directors and shaD cot 'berome effective until
approved ."d 0_ filed by the board. (Ord.
6219 § 2 (pan), 1937)
l,141UI9Q Annual ... port.
The commissioo shall submi, an ancu.aJ
~ and worf<plan 10 the ~:d of directo" DO
iater than Oct~ 3151 of e:xh year. A ncnd.::mce
rocOtds of membe:s shaJI be included ... par; of
theannuaJ report. (Ord. 6229 § ~ (pan~ 1987)
2.140.100 DisclMun re-quiremerns.
Mem bers olthe commission shall be rcqui.-ed
to fiie annual statements of economic :n~
::tunuac( to the city'"s Conffit1 of Interest Code.
(On!. 6'29 § 2 (pan), 1987)
2.140.110 Purp_ IDd Iunc!i .....
A The purpose oft.lte commission is to advise
the board on poli~ matters rdatC'd to the opera
lIon of the dry"s water and power utilities..
c:'tduding dail!" operations.
B. The commission sful1l advise and recom-
mend to the board oidirec7:ors ~ricies-.:1nd pr'~---.
&rams related to:
......
L Developil>I and maintaiDiDI a filWlcial
plan tor !be ....,.,. and power depanmmt;
2. IleYeIopiq power pIa.Imina and ",.".==._=15"";'" 0Ibe11oca! mUDioipallIies;
3. Panidpotinl ill _ ~ or""""
missioD facilities;
4. ImpiemeulillJ coaservatioa elfons and an
.... wi'" _ ... ~ .. t PfOI!2lIl;
5_ EvoIualiD& !be perf~ of !be WlIIeT
and power;,tilities;
6. Enab6sbi Jl& aD appropriau rate of mum
c£ all>er cril<ria II5Cd to esIab!isb !he IevtI of
fuDds 1D be ttusrcrrod to !be ~eral fuad from
!be _ and_1ItiIitia;
7. Develop"" DOW ".,. SIrUCt\IreS for 11>.
..... and power utilities and !i>r.nulatinl =
ommendatiacs as to !be appropriate me sttuc
twa;
I. Evaluatiag!he enviroamental problems of
!be power IIIility and deve/.>¢na solutions 10
such problems;
9. IteYiewinlsuch olherproblem! and polic;y
maucn which may .rue frem time to time with
reprd 10 !be opem;on of!he .......... d power
utilities. wbether identified by !be board ofdiree
IOn c£!be eommissioD.
C. In C<>Daeetioa with !be (oresoina funo
tiCDS, !be commission sIlaJJ =suit and cooper
lite with other public qendes and commissiollS
on maltel'5 relevant to the commission.
O. In carryiag out;ts functions and dulies,!be
~mmission may:
L R.eqUCSI of any city departmen. or osenc;y
inIormaIiou., seM=. facilities and assisw><e in
~ of!be objecti Yes of!he commissioo;
1. SIwIy and oxamine throu&h the coacluct of
me=tinp, conItronces, public hcarilllP or other
appropriaIt methods those = it is eharJed
,.;m;
3. Act os a YOhide for n=zy and .... ruJ
public in~ and aJnsumetiDpu. to the wat.eL
and pow.,. utilities. (On!. 6229 §2 (port~ 1987) _ . ....., 76
~.
2.140.120 Lcplntio. or chap'""
This cbapI~ !haD cpire on JUDe 30, 1990.
(On!. 622912 (part~ 1987)
Chap.er 2.ISS
PASADLVA COMML'NlTY ACCESS
CORPORA nON BOARD
SeeIio!is:
2.JSS.IIIO Sbon title.
2.l55.1120 Eotab_1.
2.155.oJG MombenJli;>-Appoillonem aDd ........
2.155.J14O QualifieoliollS.
2.155..,50 Ab5en<e> aDd .....00 ...
2.155Jk>O £le<tfao ololllcets.
2.155.1110 M ... rinp-~
2.155.J18O By"' ....
2.155.J19O Annual r.port.
2.155.100 Disclosure require .........
2.JSUO Purpose aDd functioos.
2.155.120 CItiz.". ad>isory c:uwnitt ...
2.1 55.130 R.irnl>arxment.
2.155.810 Sbort <ide.
This C'hapter shall be knoWll as LhC'''~
Comrnunit\l Access Corporation Board Ordi
nance. • (~ 6229 § l (pan~ J987)
2.155.129 Esrabr .. 11meL
The P:lsadena tommuniry a.ccess corporation.
a California aon~",fil public benefit corpon
tion. ..... "".JIbJished with tho filing or anicl", of
incorpor:nioa oa December 9, J983. berrinafter
c:alled the "corporation. .. Th~ CorporatiOD~S goY
emili, body. a board or th, city. sIlaJJ be ""own
as the "Pasadena com munity access corpoatiOr.l
board" and hereinafter C3lled -board.. (On!.
622913 (pan). 1987)