Public Utilities 2010/05/26CITY OF ANAHEIM
PUBLIC UTILITIES BOARD
MINUTES
MAY 26, 2010
The agenda having been posted on Thursday, May 20, 2010, the Public Hearing/Regular Meeting of the
Public Utilities Board was called to order by Chairperson Lon Cahill at 5:01 p.rn. on Wednesday,
May 26, 2010, in the Gordon Hoyt Conference Center, 2nd Floor Conference Room, Anaheim West
Tower, 201 S. Anaheim Blvd., Anaheim, California.
Board Members Present: L. Cahill, J. Brandman, P. Carroll, J. Machiaverna, D. Morgan,
K. Murray, C. Peltzer
Board Members Absent: None
Staff Present: M. Edwards, A. Kott, M. Ward, D. Calkins, R. Dowell, R. Shintaku, S.
Sciortino, B. Beelner, T. Mardikian, D. Ballin, P. Lee, M. Lopez, D.
Wilson, S. Welch, G. Turner, L. Quiambao, P. Oviedo
Guest(s) Present: Angelique Ferrio, Court Reporter, CSR #6879; P. Bos, Resident; D.
Wain, Resident and Member of East Anaheim Neighborhood Council; V.
DeGomez, Resident, Member of St. Vincent DePaul, St. Anthony Claret,
and Employee of First Team
AGENDA ITEM
1. PUBLIC HEARING: PROPOSED CHANGES TO THE
WATER COMMODITY ADJUSTMENT AND WATER
SYSTEM RELIABILITY ADJUSTMENT RATES AND
CORRESPONDING REVISIONS TO THE SCHEDULE
W -CA, AND SCHEDULE W -SRA, OF THE WATER
RATES, RULES AND REGULATIONS.
The Public Hearing was called to order by Chairperson
L. Cahill at 5:01 p.m.
A verbatim transcript of the entire presentation with all
testimony, exhibits, and public comment that were a part of the
public hearing was prepared by the Court Reporter. The
certified original transcript is on file in the I l 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, 2n Floor, City Hall.
A member of the public, V. DeGomez, who belongs to St.
Vincent DePaul, St. Anthony Claret, and is a First Team Real
Estate Agent, made a statement indicating that the Public
Hearing notices should be in Spanish since Anaheim is a
Hispanic community. The people she invited to the meeting did
not want to attend because the meeting is only in English. She
ACTION TAKEN
The Public Utilities Department
presented one witness, as well as
prepared and oral testimony in
support of its request on the
proposed modifications to the
Water Rates, Rules and
Regulations concerning rate
increase.
There being no further testimony
or public comments, Chairperson
L. Cahill received the following
motion from A. Kott, who moved
that all evidence, oral and written,
submitted by staff, including the
2010 -30
AGENDA ITEM ACTION TAKEN
indicated she represents residents from East St., La Palma Ave., Prepared Testimony with exhibits
Sycamore, Rose, Bush, Vine, and Mavis who are not happy of Marcie L. Edwards and the
with the rate increase. Affidavits of Publication of the
Notice of Public Hearing filed
L. Cahill closed the public hearing on the proposed changes to with the Secretary of the Board
the Water Commodity Adjustment (WCA) and Water System become part of the record and
Reliability Adjustment (WSRA) rates and corresponding moved into evidence.
revisions to the schedule W -CA and schedule W -SRA of the
Water Rates, Rules and Regulations at 5:27 p.m. Chairperson L. Cahill granted
A. Kott's motion.
L. Cahill, in summary, stated the Public Utilities General
Manager had previously testified as to the number of Notices of
the Public Hearing that were mailed to Anaheim property
owners and Customers and the number of written protests
received. In comparing the number of written protests received
to the number of Notices of the Public Hearing that were mailed
to Anaheim property owners and customers, the written protests
do not equal 50 % plus 1 of the tenants or property owners of
record in the service territory. L. Cahill concluded that there is
no majority protest to the proposed rate actions so the increase
to the Water Commodity Adjustment and corresponding
revision to the Schedule W -CA as well as the Water System
Reliability Adjustment and corresponding revision to the
Schedule W -SRA of the Water Rates, Rules and Regulations is
effective July 1, 2010.
The regular PUB meeting was convened and called to order at
5:27 p.m.
2. PUBLIC COMMENTS.
There were no public continents. L. Cahill closed the general public
comments portion of the meeting.
3. APPROVAL OF THE MINUTES OF THE REGULAR
PUBLIC UTILITIES BOARD (PUB) MEETING HELD
APRIL 28,2010.*
K. Murray indicated that the Minutes omitted her discussion D. Morgan moved approval of the
regarding MWD's rates, and how Anaheim worked with other April 28, 2010, Public Utilities
cities to keep the rate increase at 7.5 %, rather than the Board minutes as amended.
significantly higher percentage initially proposed by MWD J. Brandman seconded the motion
staff. Also, she indicated she appreciated joining J. Brandman as amended.
in supporting Anaheim schools at Solar Flag dedications. MOTION CARRIED: 5 -0.
ABSTAINED: 2 (P. Carroll, C.
Peltzer). ABSENT: 0.
2010 -31
AGENDA ITEM ACTION TAKEN
4. APPROVAL OF THE FISCAL YEAR 2010/2011
BUDGET. *
M. Edwards indicated that at the last PUB meeting, Staff
presented a very detailed Budget Workshop. In summary, M.
Edwards indicated the recession caused a mid -year course
correction resulting in removal of $6 -8 million from the current
budget and creating the need for additional budget cuts for next
year.
D. Morgan commented on the volatility of the economy
resulting in a likely need to discuss the status of the budget at
each meeting.
K. Murray asked that staff reinstitute monthly budget reports to
PUB, which reflect the actual budget and the proposed budget
so PUB will have budget information on a month by month
basis. Staff had already planned to do so.
K. Murray indicated that Tuesday, June 8, 2010 at 3:40 p.m.,
the Utilities Presentation will be presented to the City Council
in the Budget Workshop.
There were a variety of questions posed by various Board
members about the Budget, which Staff addressed in addition to
the substantial discussion that took place at the April PUB
meeting when E. Zacherl gave the initial Budget Workshop
presentation.
5. APPROVAL OF UNDERGROUND CONVERSION 5-
YEAR PLAN*
P. Carroll moved approval of the
Budget. L. Cahill seconded the
motion. MOTION CARRIED:
7 -0. ABSTAINED: 0. ABSENT:
0.
D. Lee presented an overview of the Underground Conversion D. Morgan moved that the PUB
5 -Year Plan (Plan), which included the current and proposed recommend to the City Council
Plan highlights. Projects in the proposed Plan were reviewed that, by Motion, it approve the
by the Underground Subcommittee and recommended for the Underground Conversion 5 -Year
Board's consideration and action. Subject to the Board's Plan. P. Carroll seconded the
recommendation, the Plan will be forwarded to the City Council motion. MOTION CARRIED:
with a workshop held prior to final approval. Fifteen projects in 7 -0. ABSTAINED: 0. ABSENT:
various stages were included in the presentation. 0.
Two proposed changes in the Plan were presented: (1) the
inclusion of a new project on Brookhurst Street from Katella
Avenue to north of Ball Road, in coordination with a planned
street widening project by the Department of Public Works; and
(2) the acceleration of the West/Westmont project in
coordination with other construction activities in the area.
J. Brandman conveyed congratulations to M. Edwards and staff
for the beautification that results from this Program.
2010 -32
AGENDA ITEM
After a lengthy discussion in which Staff answered a variety of
questions from the Board, L. Cahill called for a motion.
6. APPROVAL OF MEMORANDUM OF
UNDERSTANDING AMONG ORANGE COUNTY
WATER DISTRICT, CITY OF ANAHEIM, YORBA
LINDA WATER DISTRICT, AND THE IRVINE RANCH
WATER DISTRICT.
M. Edwards began the discussion by indicating that this
particular item involves annexing Anaheim territory (i.e.,
Mountain Park) into the Orange County Water District
(OCWD) so it can be supplied with groundwater. The
Memorandum of Understanding (MOU), which defines the
associated environmental review process, is a joint agreement
among Anaheim, OCWD, and two other water districts that also
want to annex territories into the OCWD. This is a fluid issue,
which is being withdrawn from the Agenda as an action item,
but Staff will provide a brief overview of the matter.
D. Calkins indicated that after the PUB agenda package was
mailed, OCWD decided to delay taking the MOU to their Board
for consideration because when this item was reviewed by an
OCWD Committee, several groundwater producers (other
cities /districts that pump groundwater) raised some questions
and concerns, including how would the annexations affect the
availability and cost of groundwater. OCWD will now take a
few weeks to work with the groundwater producers and a Board
workshop will be conducted on June 16, 2010. It is anticipated
that the OCWD Board approval of this MOU will be delayed
about a month.
The purpose of the MOU is to define the environmental review
process, which will be conducted over the next year, and define
how this effort will be funded by the three agencies who want to
annex territory into the OCWD.
Mountain Park, the undeveloped area by the toll road, is the
only area in the City that is not within the boundary of OCWD.
Annexing this area into OCWD will allow Anaheim to pump
more groundwater, which will reduce its overall cost of water
and it would increase Anaheim's water supply reliability by
having access to redundant supplies.
D. Morgan inquired if the California Environmental Quality Act
(CEQA) work will look at the environmental impacts to the
increased pumping of groundwater.
D. Calkins indicated that it would since the purpose of the
CEQA work is to analyze impacts to the overall groundwater
basin, including existing and future pumping. If in the future
ACTION TAKEN
2010 -33
AGENDA ITEM
Anaheim needs to build a well to serve that area, Anaheim
would be responsible for project - specific CEQA analysis.
C. Peltzer asked if there are groundwater resources in the
Mountain Park area.
D. Calkins indicated groundwater is not available directly
within the Mountain Park area. Under normal operating
conditions, Anaheim may serve groundwater directly to
Mountain Park. Annexing the area, however, would provide
Anaheim the ability to serve groundwater as a backup supply,
and would reduce Anaheim's overall cost of water.
7. PRESENTATION ON LANDSCAPE WATER
EFFICIENCY GUIDELINES.
M. Edwards commented that AB 1881, which required new
landscape efficiency ordinances, was passed unanimously by
the State legislature in 2006, and signed into law by the
Governor. Staff needs to comply with the new law, but has
tried to minimize negative impacts to customers. The
Department is working with the City Attorney's office to
determine if there is adequate flexibility to delegate the
authority to staff to implement and revise, as appropriate, the
Guidelines to provide a greater degree of flexibility to remain
current with emerging technologies and state law without the
need to repeatedly bring the Guidelines back to Council for
approval.
R. Shintaku presented an overview of AB 1881 and the
proposed Guidelines for Implementation of the landscape
Water Efficiency Ordinance ( "Guidelines "). State law does
provide some flexibility, allowing agencies to adopt an
ordinance that is at least as effective in conserving water as the
state model ordinance. An Orange County work group
developed an Orange County model that separates the technical
guidelines from the ordinance to provide flexibility, to provide a
self certification process, and to promote regional consistency.
All Orange County ( "OC ") cities have adopted the OC model.
Anaheim's proposed Guidelines go a step further by
streamlining the process for individual homeowners. A
demonstration of the new individual homeowner process was
presented.
8. WATER SUPPLY CONDITIONS.
Water Supply Conditions Update
D. Calkins presented an update concerning the Department of
Water Resources increased allocation on the State Water Project
(SWP) by another 5% for a total of 45 %, which is a reflection
ACTION TAKEN
2010 -34
AGENDA ITEM
of the good levels of precipitation and snow fall received this
year. This allocation, however, is on the low side historically
due to court - ordered restrictions on moving water through the
Sacramento Delta. Also, on the low side because storage was
down as the winter began, and it's going to take several years to
replenish storage. Fiscal year to date, water use in Anaheim is
7% below the rationing target set by Metropolitan Water
District (MWD).
2010 Public Health Goal Report
D. Calkins indicated that the Agenda packet contained the 2010
Public Health Goal Report because California State law requires
that a Public Health Goal Report be prepared every three years.
Anaheim's water has consistently met all drinking water
standards and regulations.
K. Murray stated that she is working with Metropolitan Water
District (MWD) on an Inspection Trip of the Sacramento Delta
in June or July, and another trip in October in conjunction with
the City of Fullerton to the Colorado River Aqueduct. Also, she
is looking into the possibility of a one -day MWD tour to
Diamond Valley Lake.
9. ELECTRIC SYSTEMS UPDATE.
Electric Service Reliability
M. Ward indicated that the Electric Service Reliability tutorial
on the Department's website is currently being updated. The
updated tutorial is included in the Agenda package.
American Public Power Association RP3 Recognition
M. Ward suggested that an item to focus on in the Electric
Service Reliability tutorial is the Department's receipt of RP3
recognition from the American Public Power Association. RP3
is a national recognition of Utilities for their safety and
reliability programs. 84 out of 2,000 public utilities were
recognized at that particular level with Anaheim being one of
them.
M. Edwards indicated that the report detailed on the website
uses nationally established standards for reliability, which are
generalized into specific national categories so it is broken
down into lay terms then shows how Anaheim compares in
terms of reliability. Anaheim's performance is above anyone
else who serves electricity in Orange County. It's posted on the
website so Anaheim customers can see exactly how Anaheim
compared in terms of reliability.
M. Ward indicated that the California Public Utilities
Commission (CPUC) also has a performance base rate, which
had Anaheim been under that program, Anaheim would have
ACTION TAKEN
2010 -35
M0
been eligible to receive an additional incentive payment.
However, Anaheim isn't subject to the CPUC's jurisdiction
because Anaheim is a public agency.
M. Edwards indicated that Edison has to pay if they don't keep
their performance indicators at a certain level so they are
incentivized to do just enough infrastructure investment so as
not to trigger poor performance levels resulting in a payment.
Anaheim doesn't establish reliability goals that way; Anaheim's
goal is to minimize the amount of time customers are exposed
to outages. Thus, we set our reliability goals to minimize
outage impacts to the customer.
Canyon Power Project
M. Ward indicated that mobilization has started on the Canyon
Power Project site. The site preparation continued last month
by installing construction trailers, demolishing the previous
buildings and pads, and initial preparation for the switchyard
vaults.
Underground Conversion (UGC) 5 -Year Plan
M. Ward reiterated that the UGC Plan, which D. Lee and staff
manage is a 50 year project comprising about 220 circuit miles
of which 98 circuit miles have been completed. The 5 -Year
Plan, as outlined, will underground another 37 miles for a total
of 134 miles to be completed by the end of the five years.
Intermountain Public Power IPP
C. Peltzer inquired about Intermountain Public Power (IPP).
M. Edwards indicated that discussions are continuing about IPP
and its longer term future. IPP went month to month on its coal
contracts which got expensive. There is a lot of speculation
about the Utah coal supply and the future directions the plant
could take. There are ongoing discussions regarding the future
of the facility; however, no definitive decisions have been
made.
10. FINANCE ISSUES.
Financial Status
R. Dowell stated that the financial results year -to -date show
stability, cost cutting, and people using less water and electric
services.
Smart Grid
M. Edwards encouraged everyone to read the Smart Grid
Overview in depth, paying particular attention to the discussion
regarding protection of customer information; specifically, who
uses the data and the rules in place to preclude any of the data
from being misused. M. Edwards asked everyone to be
ACTION TAKEN
2010 -36
AGENDA ITEM
cognizant of the separation between Smart Meters and Smart
Grid. Anaheim has invested significant resources into Smart
Grid telecommunications infrastructure and the outage
management methodologies, but is going slowly on the Smart
Meter portion. Specifically, PGE and others have caused a lot
of fear and confusion about the Smart Meter portion. M.
Edwards encouraged everyone to educate themselves on the
differences between Smart Grid and Smart Meter because
people view them as the same when they are actually different
things. As always, Staff is available for additional
conversations, explanations, etc.
11. JOINT SERVICES
Resource Accuracy
S. Sciortino indicated that the Agenda packet contains the
Resource Accuracy report for the month of June. Next month
about this time, the Independent System Operator (ISO) will put
out a summer technical assessment, which will be discussed at
next month's PUB meeting. It's mostly the ISO's view about
how this summer will look with respect to demand and supply
and the kind of conditions that would precipitate state of
emergency conditions. The outlook seems somewhat better
than last year, due to lower electric consumption because of
economic climate, but there is also some generation additions
which provide higher margins than last year.
Solar Boat Race
S. Sciortino stated on a more fun note, there is a press release
concerning the Solar Boat Race that occurred last week. Next
month, staff will show pictures and invite the students who
participated in the Solar Boat Race to come to the PUB
meeting. Canyon and Savannah High Schools placed I" and 2`
in two of the main categories. Anaheim High School finished
I& overall.
Water Conservation Poster Contest
S. Sciortino thanked L. Cahill who gave his time on Monday,
May 24, to come to the award ceremony for the Water
Conservation Poster Contest for the elementary schools at the
Angels Stadium. The trophies were presented to the students
on the home plate side of the field.
12, AGENDA ITEM(S) FOR NEXT MEETING ON JUNE 23,
2010
Anaheim Regional Transportation Intermodal Center
Presentation (ARTIC)
Public Hearing for the Public Health Goal Report
Landscape Guidelines Resolution
CTION TAKEN
2010 -37
AGENDA ITEM
• Agreement with the Orange County Sanitation District
for the Water Recycling Project
13. ITEM(S) BY SECRETARY
M. Edwards commented on the Canyon Bond rating trip to New
York in which presentations were made to Fitch, Moody, and
Standard and Poors. Fitch had Anaheim on a negative outlook
due to cash implications, but over the last week or two, the
results coming back indicate all three rating agencies affirmed
Anaheim's AA status and Fitch took Anaheim off negative
outlook and put Anaheim back on stable. E. Zacherl informed
M. Edwards that the bonds did sell with an interest cost of
3.9 %, which is the best Anaheim has ever done in a bond sale.
M. Edwards acknowledged S. Welch for all her efforts on the
budget indicating she has done an excellent job.
14. ITEM(S) BY BOARD MEMBERS.
J. Machiaverna commented about the need to raise water rates
due in large part to the serious restrictions on water delivery in
the Central Valley as well as Southern California. He further
indicated that especially during these financially trying times,
this action was not taken lightly. J. Machiaverna expressed his
belief that the restrictions on water delivery needed to be
corrected, otherwise it would result in even more rate increases.
K. Murray indicated that following the very impassioned
discussion on Prop. 16 at the last PUB meeting, she was invited
by the Anaheim Chamber to speak to their Board of Directors
on Prop 16. She agreed to do so purely from an educational
standpoint speaking as a resident of Anaheim, but highlighted
what the implications to the City and City businesses and
residences would be with the passage of Prop 16.
P. Carroll conveyed his thanks to D. Calkins and M. Edwards
for the invitation to the recent Orange County Water Sununit. It
was a very interesting program, providing a California, national,
and international perspective.
P. Carroll also thanked E. Zacherl for taking the time to go over
the budget materials with him. He indicated he may not be
available next month for the Public Hearing on the Public
Health Goals.
L. Cahill asked that if anyone knew of they would not be here
for the next meeting to please let him or P. Oviedo know, since
staff needs to provide public notice for the public hearing.
ACTION TAKEN
2010-38
AGENDA ITEM
D. Morgan complimented the Utilities on doing a great job and
continuing to overcome challenges concerning the budget.
L. Cahill requested a motion to adjourn the meeting.
15. ADJOURNMENT: (TO THE PUBLIC
HEARING /REGULAR MEETING DATE OF JUNE 23,
2010 AT 5:00 P.M., IN THE 11"' FLOOR LARGE
CONFERENCE ROOM, ANAHEIM WEST TOWER, 201
S. ANAHEIM BLVD., ANAHEIM, CALIFORNIA.)
Respectfully submitted,
'M ,,,,..- ,,,,,,,,,,,,,,
4p
Marcie L. Edwards
Secretary, Public Utilities Board
ACTION TAKEN
L. Cahill moved to adjourn the
public hearing/regular meeting at
7:02 p.m. to the public
hearingtregular meeting date of
June 23, 2010 at 5:00 p.m. K.
Murray seconded the motion.
MOTION CARRIED: 6 -0.
ABSTAINED:0. ABSENT: 1
(J. Brandman).