08/09/1976 Meeting - Laserfiche WebLink

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should be elected or appointed by the Council in the first place. Mrs. Beal feels'the original charter wording should be left in tact, which provides that Council shall fill vacancies on the EWEB board. Mr. Keller disagreed feeling that, since EWEB has its own financial structure -_ and provides a significant service to the community and since they are elected by the public as is the Council, they should fill their own vacancies as does the Council. Mr. Etter related that the original charter amendment calls for the EWEB members to be appointed. In research, "appointed" is broad enough to include popular election, he said. The charter provides for vacancies in elective office to be filled by appointment and in that context appointment is considered different than popular election. He said the EWEB counsel feels that a 1949 charter amendment vests the EWEB board with all powers previously covered by ordinance but he believes the existing charter clause on the filling of vacancies by council supersedes the ordinance saying EWEB can fill its own vacancies. Mrs. Beal suggests letting the existing ordinance prevail, with a change in the future if the existing wording is found to be impractical. Mrs. Beal requested a memo from Mr. Etter giving old charter wording and pointing ,out any pitfalls and/or benefits. Mr. Keller moved seconded by Mr. Haws to continue the Committee meeting to August 5, 12 Noon, McNutt Room, City Hall (at the conclusion of the executive session). Motion carried unanimously. Charter Revision Review - Council was provided with a memo of August 5 from the it City Manager discussing staff level negotiations on the charter and identifying the tradeoffs regarding the City's relationship with EWEB. Corom 8/5/76 In reviewing the memo, Manager pointed out that EWEB's electric utility is File subject to state regulations, agreements with revenue bondholders, etc. The language in the charter draft clarifies that EWEB has a responsibility for operating its own electric utility. On the water utility, the most important conclusion reached was that, as :a general purpose government, the city should have control over the water extension policy and its relationship to the general plan. ,To that end it was agreed that that proviso would be in the charter. On the question of appointment powers, the historical practice of EWEB filling its own vacancies was suggested in the memo. There are differences between the City Attorney's opinion and EWEB on this matter, but it was felt that any resolution would require litigation. EWEB currently pays $1,200,000 to the city in lieu of taxes, which is 6% of the gross receipts rather than the 3% minimum required by state law. Whether there should be any change should be a matter of mutual agreement between Council and the EWEB Board, Manager said. It has been agreed that the city would have the right to negotiate the use of the public rights of way. Finally, staff feels there is much to be lost in getting into the appointment powers and possibly creating a schism between the two elected bodies. e John Tiffany, Chairman of the EWEB Board, said he thinks both Council and EWEB recognize the desirability of cooperation. He feels the compromises in the July 28 draft .of the revised charter have indicated a willingness to work together. 8/9/76 - 26 y, "