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Public Utilities 2015/01/28CITY OF ANAHEIM PUBLIC UTILITIES BOARD MINUTES JANUARY 28, 2015 The agenda having been posted on Thursday, January 22, 2015, the Public Hearing 1 Regular Meeting of the Public Utilities Board (Board) was called to order by Chair J. Machiaverna at 5:00 p.m. on Wednesday, January 28, 2015, in the 2 °1 Floor Gordon Hoyt Conference Room, Anaheim West Tower, 201 S. Anaheim Blvd., Anaheim, California. Board Members Present: Chair J. Machiaverna, L. Cahill, B. Hernandez, C. Monaco, S.E. Faessel, D. Wain Board Members Absent: D. Singer Staff Present: D. Lee, B. Beelner, D. Calkins, J. Lonneker, G. Bowen, J. Lehman, A. Kott, L. Quiambao, P. Oviedo, R. Shintaku, J. McBride, M. Moore, T. Mardikian, M. Seifen, I. Macias, M. Jouhari, P. Hayes, D. Shen, B. Moorhead, R. Hoang Guest(s) Present: Brandon Wood, Business Owner; Jesus Dez Gadillo, Resident; Micaela V. Lopez, Resident; Julia Campos, Resident; Helen Sepeda, Resident; Tu Cindy, Resident; Maria Luz Galindo, Resident; Alex Yih, Resident; Maria Lopez, Resident; Monica De La Torre, Resident; Gruoveya Torre, Resident; Rosalua Torres, Resident; Juan Bermudez, Resident; Katherine Jones, Court Reporter — CSR No. 10097; Sarah Carvajal, Student, Mr. & Mrs. Carvajal and daughter, Residents AGENDA ITEM The Board welcomed Sarah Carvajal, who is a 4 t ' grader from Acaciawood Preparatory Academy, and her family for a presentation to Sarah on the selection of her poster as part of the Metropolitan Water District (MWD) 2015 Water Conservation Poster Contest. 1. PUBLIC HEARING: PROPOSED INCREASES TO THE WATER COMMODITY ADJUSTMENT AND WATER SYSTEM RELIABILITY ADJUSTMENT RATES AND CORRESPONDING REVISIONS TO SCHEDULES W -CA AND W -SRA, AND OTHER RATE ELIMINATIONS AND MODIFICATIONS TO THE WATER RATES, R ULES AND REGULATIONS. * The Public Hearing was called to order by Chairperson J. Machiaverna at 5:00 p.m. D. Lee, D. Calkins, B. Beelner, J. McBride, T. Mardikian, M. Moore and R. Shintaku were sworn in by the court reporter, after which Chair J. Machiavema outlined the procedures to be followed during the hearing. 2015-1 ACTION TAKEN The Public Utilities Department presented prepared and oral testimony by two witnesses in support of its request for proposed increases to the Water Commodity Adjustment and Water System Reliability Adjustment rates and corresponding revisions to Schedules W -CA and W -SRA, and for the elimination of six rates, consolidation of several rate customer classes into the existing General Water Service rate schedule (Schedule W -G), and making updates to the ITEM NO. 01 AGENDA ITEM ACTION TAKEN D. Lee, Public Utilities General Manager, explained that the "Applicability" and "Special Department purchases water from two wholesale water suppliers and Conditions" sections of the the cost of that water is passed through to Anaheim customers without Schedule W -G and Schedule any markup. D. Lee described the four components of customer W -PFL (Private Fireline water bills and explained that the customer charge and base charge Service) of the WATER will remain unchanged but that the Water Commodity Adjustment RATES, RULESAND (W -CA) and Water System Reliability Adjustment (W -SRA) rate REGULATIONS. components of the bill will increase by a total of $0.24 for every 748 gallons. This would translate into a bill increase of approximately There being no further $4.80 per month for a typical customer occupying a single family testimony or public comments, home over a two year period. Chairperson J. Machiaverna received the following motion D. Lee concluded by describing other proposed changes, including the from A. Kott, who moved that elimination of six rate schedules that would simplify the rate structure all evidence, oral and written, and make the fixed monthly customer charges and the base water submitted by staff, including commodity charge uniform for all customer classes, since residents the Prepared Testimony with and businesses pay the same commodity cost for water. exhibits of D. Calkins the Affidavits of Publication of the D. Calkins, Assistant General Manager of Water Services, then Notice of Public Hearing; the explained that the W -CA increase is to recuperate rising water supply Certificate of Mailing, and the costs charged by wholesale water suppliers. D. Calkins explained that written protests and the the Department is at a point where it can no longer hold off on passing returned notices filed with the through the increased water supply costs without potentially risking Secretary of the Board become its credit rating. D. Calkins also discussed the need to increase the part of the record and moved WSRA in order to continue investing in Departments local water into evidence. Chairperson J. infrastructure and provided several examples of projects. Machiaverna granted A. Kott's motion. D. Lee shared that five customer phone calls were received in customer service with general inquiries and 20 written protests were Chairperson J. Machiaverna received (4 letters and 16 emails). next entertained A. Kott's request to close the record of Solicitation for public comments was offered but there were no public the public hearing because comments with regard to the rate proposals during the rate hearing, so there were no further witnesses the Chair closed the public hearing. Thereafter, members of the or evidence to be submitted by Board commented that water issues have been fully vetted to validate the Department for the Board's the need for the rate action. He then summarized the previous consideration. Since no testimony of D. Lee as to the number of Notices of Public Hearing objections to Staff's request that were mailed to Anaheim property owners and Customers and the were interposed, Chairperson J. number of written protests received. In comparing the number of Machiaverna closed the Water written protests received to the number of Notices of Public Hearing Rate Public Hearing. that were mailed to Anaheim property owners and customers, he concluded that the written protests do not equal 50% plus l of the The Board provided comments. tenants or property owners of record in the service territory. Thus, as After which, Chairperson J. guided by applicable state laws, he stated that there was no majority Machiavema summarized the protest to the proposed rate actions. The Chair next stated that the prior testimony of D. Lee increases to the Water Commodity Adjustment and corresponding concluding that the number of revisions to the Schedule W -CA as well as the Water System protests received did not Reliability Adjustment and corresponding revisions to the Schedule constitute a majority protest W -SRA of the Water Rates, Rules and Regulations are effective and and the increases to the W -CA will take place in two phases, February 1, 2015 and February 1, 2016. and W -SRA are effective and The Chair next indicated that an action item was required by the will take place in two phases, Board concerning the elimination of six rates and modifications of February 1, 2015 and February two other rates as more detailed by D. Calkins in his prepared and oral 1, 2016. testimony. 2015-2 AGENDA ITEM ACTION TAKEN A verbatim transcript of the entire presentation with all testimony, exhibits and public comments that were a part of the public hearing, was prepared by the Court Reporter. The certified original transcript is on file in the 11` floor Department Records, Public Utilities Department, Anaheim West Tower. A certified copy of the original transcript is on file in the City Clerk's office, 2 " floor, City Hall. B. Hernandez moved approval on the Eliminations and Modifications to the Water Rates, Rules and Regulations. S.E. Faessel seconded the motion. MOTION CARRIED: 6-0. ABSTAINED: 0. ABSENT: 1 (D. Singer). Chairperson J. Machiaverna proposed a ten minute break. D. Wain moved approval of a ten minute break. S.E. Faessel seconded the motion. MOTION CARRIED: 6 -0. ABSTAINED: 0. ABSENT: 1 (D. Singer). The regular PUB meeting convened and was called to order at 5:49 p.m. 2. PUBLIC COMMENTS. Brandon Wood, representing Puddles Carwash, asked the Board to There being no further public keep in mind how increased water rates would affect his business, comments, J. Machiaverna which would be a decrease in business, revenue and taxes to the City closed the general public and possible layoffs at his business. comments portion of the meeting. 3. APPROVAL OF THE MINUTES OF THE REGULAR PUBLIC L. Cahill moved approval of UTILITIES BOARD MEETING OF DECEMBER 17, 2014. * the minutes of the Public Hearings / Regular Public Utilities Board Meeting of December 17, 2014. B. Hernandez seconded the motion. MOTION CARRIED: 6 -0. ABSTAINED: 0. ABSENT: 1 (D. Singer). 4. APPROVAL OF TRANSMISSION SERVICE AGREEMENTS OF FEDERAL ENERGY REGULATORY COMMISSION APPROVED OPEN ACCESS TRANSMISSION TARIFFS. G. Bowen, Acting AGM of Joint Services, presented the Board with C. Monaco moved approval of information regarding the approval of the Department's Transmission the Transmission Service Service Agreements. He shared that these Agreements are necessary Agreements of Federal Energy in order to move the energy from the Department's resources as a Regulatory Commission result of the transmission outage or for other operational needs, and Approved Open Access the Agreements provide an alternate way to transmit the energy to Transmission Tariffs. D. Wain Anaheim. The Agreements are based on federally - approved rates. seconded the motion. MOTION CARRIED: 6 -0. ABSTAINED: 0. ABSENT: 1 (D. Singer). 2015-3 AGENDA ITEM 5. PRESENTATION ON THE WINDY RIDGE WATER STORAGE TANK PROJECT. M. Moore, Water Engineering Manager, presented information on the Windy Ridge Water Storage Tank Project, to the Board. He shared that the City operates 13 reservoirs /tanks with a total storage of 38.75 MG of potable water, and one raw water reservoir with a capacity of 920 MG. Additionally, the City utilizes the groundwater basin beneath the City as a reservoir. The City varies in elevation and is divided into 18 pressure zones to keep pressures between 40 -100 psi. The central and western sides of the City are mainly served by groundwater wells. The easterly side of the system does not have a groundwater basin, therefore, above ground storage tanks and pumps supply water. Because there is a possibility that pumps would not be operational during an emergency, the Windy Ridge Tank has been proposed to supply the 1320 Pressure Zone with a storage reservoir. The proposed Windy Ridge Tank will be at the extreme eastern portion of the City, just west of the 241 Toll Road, and south of the 91 Freeway, and will provide gravity storage to the highest elevation area. The benefit of this tank is that it will provide water supply by gravity, and will enhance the water system's redundancy and reliability, especially for fire protection, during high summer demands, and during Metropolitan Water District (MWD) shutdowns. During design, efforts went into minimizing environmental impact and maintaining aesthetics of the hillside. The tank will be notched behind a hill and not visible from residences. Construction of the tank, the access road and transmission main will be done using an existing dirt road in the open space area. This will alleviate potential inconveniences, such as noise and traffic on existing streets. A community outreach program has been implemented. City staff has met with local Home Owners Associations. The environmental document for the project is available for review for 30 days by the public. The City's website has been updated for the public to stay informed. And a community meeting is being planned for mid - February. The Board asked several questions about the project relating to the environmental permits, costs and construction impacts. The Board thanked staff for the presentation on this important project. 6. UPDATED QUARTERLY STATUS REPORTS ON CAPITAL IMPROVEMENT PROJECTS, MASTER AGREEMENTS, GENERAL SERVICE AGREEMENTS, AND SPOT BID AWARDS. D. Lee, Public Utilities General Manager, introduced the purpose and summary of the contents of these two reports to the Board. The reports include the summary of completed and active Capital Improvement Projects for both Electric and Water divisions in the various stages of design and construction, an updated summary of ACTION TAKEN 2015-4 AGENDA ITEM ACTION TAKEN Master Agreements and General Service Agreement contracts awarded to pre - qualified Electric and Water firms for construction and consulting services, and electric equipment purchases made through the end December 2014. J. Lonneker provided a narrative for the Board regarding the Esperanza High School reliability improvement project included in the Capital Improvement quarterly report, representing an example of the work the Department performs for purposes of reliability improvements using capital funds. Located in an area near the northern fringe of the City bordering Yorba Linda, the power lines are attached to poles located along a heavily traveled street, and the poles are owned by Southern California Edison (SCE), making it very unlikely to be placed underground in the future. The Department completed a circuit extension of a nearby circuit, which will provide an alternate source of power to this residential area and Esperanza High School. This was a creative way to improve the reliability for the area given the constraints. 7. UPDATE ON WATER SYSTEM ISSUES. D. Calkins, AGM of Water Services, gave an update on the Water Supply Conditions. Locally, the to -date precipitation is now 95% of normal; down from 121 % at the end of December. In Norther California the to -date precipitation is now 92% of normal; down from 130% at the end of December. Key State Water Project reservoirs are at about 40% of capacity. In the Colorado River basin, the to -date precipitation has dropped to 82% of normal. The Colorado River reservoirs are at 50% of capacity. While January has been very dry, the 3 -month outlook continues to show wetter than normal weather for the Southwestern U.S. and Southern California. Precipitation levels over the next two months will determine if imported water supplies this summer will be rationed by MWD or not. The Board's agenda package included an informational memo on a proposed Huntington Beach Ocean Desalination Project. This project would produce a new supply of 56,000 Acre -Feet per Year (AFY) for Orange County, which is about 50 Million Gallons per Day (MGD). Earlier this month, the Orange County Water District Board voted to begin negotiation of a term sheet with Poseidon to purchase the entire plant output and establish a Citizens Advisory Committee, with each Orange County Water District (OCWD) Director appointing two members. D. Calkins mentioned the email invitation that was sent to the Board inviting them to the Municipal Water District of Orange County's Water Policy Forum & Dinner, which will be held on Thursday, February 5�'. The speaker will be Lucy Jones of the U.S. Geological Survey. 8. UPDATE ON ELECTRIC SYSTEM ISSUES. J. Lonneker, AGM of Electric Services, reported that the Department has requested that the City of Anaheim's Audit Services conduct an audit of the Department's Underground Conversion Program (UGC) Board Member B. Hernandez requested information on previous actions taken by the Board. Staff will provide a summary of information provided at the following meeting. 2015-5 AGENDA ITEM and the Home Underground Program (HUG) as a prudent measure to ensure the programs comply with the Department's Electric Rates, Rules and Regulations and any other pertinent policies, procedures or regulations. Also, the audit will confirm that adequate internal controls are in place to ensure transactions are properly authorized, and aligned with good business practices. The audit will take place over the next 3 -4 months. After reviewing the results of the audit and the City's recommended actions, the Department will include a summary to the Board as part of the UGC 5 -Year Plan. 9. UPDATE ON FINANCE ISSUES. B. Beelner, AGM of Finance and Administrative Services, provided a market conditions update, sharing that interest rates for 30 year bonds had recently dropped to 2.84% for the water utility and 2.99% for the electric utility. B. Beelner then mentioned that this was a good time to issue new and refinance existing debt, so the Department will bring bond proposals to the Board in February. B. Beelner invited the Board's attention to the Dashboard, which showed that both electric and water revenues were still trending above budget due to the warm summer and winter this fiscal year. 10. UPDATE ON JOINT SERVICES ISSUES. G. Bowen, Acting AGM of Joint Services, shared that the groundbreaking ceremony for the Bowerman Landfill Gas project took place in January. He explained that an important milestone is the delivery of the reciprocating engines from Germany and that they would be received via the Panama Canal in May 2015. The Commercial Operation Date for the facility is anticipated to be in January 2016. G. Bowen discussed the status of the Waste to Biogas Project that will be located in Anaheim at the Republic Waste Management site. He shared that the project took a major step forward with the approval of a feedstock agreement with Republic. The Project developer still needs to sign a property lease agreement prior to commencing construction. A Board member asked what the current Renewable Portfolio Standard (RPS) percentage was and if the Department was on target to reach its RPS goals for the current and next compliance period. G. Bowen responded that the current RPS percentage was over 20% and that the Department is on track to meet the 2017 target of 25% and also to meet the 33% target by 2020. G. Bowen shared the Water Saving Public Service Announcement that the Department was airing on major TV channels throughout the month of January and mentioned that the service announcement is also available on Facebook and the City's website. ACTION TAKEN 2015-6 AGENDA ITEM 11. UPDATE ON ENERGY RISK & LEGISLATIVE REGULATORY AFFAIRS ISSUES. J. Lehman, Chief Risk Officer, provided an update on the Internal Compliance Report. She mentioned that she had reported last month that as part of a routine inspection, the South Coast Air Quality Management District (AQMD) determined that the anhydrous ammonia tank on site at the Kraemer power plant now needed a permit. During the reporting period, the AQMD issued a Notice to Comply, and the permit application was promptly completed and submitted to the AQMD. Also, she reported that it was discovered in October that during routine testing the emergency generator at Kraemer operated longer than the permit allowed. This was reported to the AQMD and a Notice of Violation may result in a small financial penalty. Additional training on the permit requirements has been conducted at the facility, as well as process improvements to ensure that this does not occur again. She also reported that both the State and Federal legislatures were back in session. There are water bills introduced that address clean- up items related to the historic sustainable groundwater management bills, and at this time there doesn't appear to be any significant issues with these bills. There is another bill promoting public access to well reports — this type of bill has been introduced in the past, and while public utilities are subject to the freedom of information act, well security needs to be addressed in the bill. She shared that the state - mandated emergency drought regulations are set to expire on April 25 and that the regulations will likely be extended. The Department, as it did last year, will closely monitor and participate in any efforts to extend or amend the emergency drought regulations to ensure that local concerns are addressed. On the electric side, J. Lehman mentioned that there were already a number of bills introduced to address the Governor's call in his inaugural address for further Greenhouse Gas (GHG) reductions and increases in renewable energy usages. She mentioned that the State's large utilities have met with the Governor's office and California Air Resources Board to offer an alternative approach that incorporates local considerations, rather than a one - size -fits -all approach. 12. AGENDA ITEM(S) FOR THE NEXT PUBLIC UTILITIES BOARD MEETING ON FEBRUARY 25, 2015. • Electric and Water Bonds • Utility Success Indicators • Student Engagement Presentation • Agreement with Muzeo * 13. ITEM(S) BY SECRETARY. D. Lee informed the Board that annual filing of Form 700 is coming due, and that more information will be provided by the City Clerk. ACTION TAKEN 2015-7 AGENDA ITEM 14. ITEM(S) BY BOARD MEMBERS. C. Monaco reported that he attended the Bowerman Landfill groundbreaking. He stated that the project is innovative, and he appreciates its many benefits. D. Wain reported that he also attended the Bowerman Landfill groundbreaking event and asked if the Department will have an opportunity to become involved with similar projects at other landfills. D. Lee responded that the Department continues to look at a variety of renewable projects, including additional landfill projects. S.E. Faessel thanked Barbara Gonzalez for the Anaheim Historical Home's calendars that she provided to the Board. She also reported that she attended the Bowerman Landfill and complimented staff on its sustainability programs. She also stated she appreciates the Department's efforts to keep reliability a high priority. L. Cahill stated that the actions taken by the Board today are significant and important to the overall health of the water system. He shared that these incremental steps help to avoid major issues in the future. B. Hernandez stated that he concurs with the approach to incrementally take rate actions that consider the cost of water and the need to make system improvements. He further stated the importance of taking such actions slowly will minimize impacts to residents and businesses. J. Machiaverna thanked the Board members for their insights and actions. He added that the Department has demonstrated sensitivity towards customers' concerns. 15. ADJOURNMENT: (REGULAR MEETING ON FEBRUARY 25, 2015, AT 5:00 P.M., IN THE 11 FLOOR LARGE CONFERENCE ROOM, ANAHEIM WEST TOWER, 201 S. ANAHEIM BOULEVARD, ANAHEIM, CALIFORNIA). ACTION TAKEN B. Hernandez moved to adjourn the Regular Meeting at 6:55 p.m. to the Board's Regular Meeting date of February 25, 2015 at 5:00 p.m. S.E. Faessel seconded the motion. MOTION CARRIED: 6-0. ABSTAINED: 0. ABSENT: 1(D. Singer). * Indicates item(s) that will be forwarded to City Council for action upon recommendation by the Board. ** Indicates item(s) that will be forwarded to City Clerk and City Council for informational purposes. 2015-8