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HomeMy WebLinkAboutB-4 Ordinance Regarding composition , Officers, Powers and Duties of Azusa Utility Board a • op_ AZUSA', AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SONIA CARVALHO, CITY ATTORNEY VIA: RICK COLE, CITY MANAGERa DATE: SEPTEMBER 17, 2001 SUBJECT: ORDINANCE REGARDING THE COMPOSITION, OFFICERS, POWERS AND DUTIES OF THE AZUSA UTILITY BOARD RECOMMENDATION: Introduce and waive further reading of Ordinance No. 01- regarding the composition, officers, powers and duties of the Azusa Utility Board. BACKGROUND: On May 21, 2001, the City Council adopted Ordinance No. 01-03 which added Division 5 to Chapter 2, Article V of the Azusa Municipal Code. Division 5 established the Utility Board and set forth, among other things, the composition and powers of the Utility Board. As the Utility Board commenced its operations and meetings, the Board members have found it desirable to revise certain provisions of the Municipal Code to more clearly reflect the intention and purpose of the Utility Board. Such revisions are in regard to the structure and content of Utility Board meetings and the relationship between the Utility Board, City Council, and City staff. In general, the intended purpose of the Utility Board is to address long term and business-related issues facing Azusa Light and Water and not to meet for the purpose of addressing the more day- to-day policy issues that have been dealt with, and are required to be dealt with, by the City Council. 1. Utility Board To Take Action In Its Capacity As The City Council. The nature of the Utility Board is to provide a forum for discussion of long term and business- a,dae / 1/60i, RVPUB\JFF\618830 -1- 9,// 7,,// pi dice//91 "related issues of Azusa Light and Water. Since the Utility Board is not a separate legal or public entity, any action items are required to be acted upon through the City Council, which is the separate legal and public entity with the authority to take such action. Taking into account the fact that the Utility Board is not a separate legal or public entity, the proposed Ordinance would revise Division 5 of the Municipal Code to provide that the Utility Board may act jointly with the City Council to take action on the various items referenced in Division 5. The City Council and Utility Board may meet and act jointly by way of a regular meeting of the Utility Board that is held jointly with a special meeting of the City Council. In addition, the City Council may wish to establish the date of the regular Utility Board meeting as the date for a regular meeting of the City Council so that both meetings may be held jointly. At such joint meetings, the members of the City Council would act in their capacity as both members of the Utility Board and members of the City Council. 2. Composition Of Utility Board. The proposed Ordinance would also revise Division 5 of the Municipal Code to provide for the position of Secretary who would be one of the Utility Board members. In addition, taking into account the fact that the intent of the Utility Board is to address more long term and business- related issues, the proposed Ordinance would revise Division 5 to remove the reference to the need for additional management and employee positions, such as the executive advisor to the Utility Board. As a result, management positions, such as the City Manager and the Director of Utilities, would continue to function in their current positions with their current authority on applicable matters regardless of whether such issues are dealt with in the context of the City Council and/or the Utility Board. FISCAL IMPACT: The only fiscal impact may be an increase in the cost and expense of having certain officers, employees, and resources, which are commonly utilized for City Council meetings, to also be available for joint meetings of the City Council and Utility Board. Attachment RVPUB\JFF\6I8830 -2-