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Public Utilities 2009/12/16CITY OF ANAHEIM PUBLIC UTILITIES BOARD MINUTES DECEMBER 1:6, 2009 The agenda having been posted on Thursday, December 10, 2009, the Public Hearing/Regular Meeting of the Public Utilities Board was called to order by Chairperson Lon Cahill at 5:00 p.m. on Wednesday, December 16, 2009, 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, E. Zacherl, M. Long, M. Gordon, R. Dowell, B. Beelner, T. Mardikian, S. Welch, G. Turner,,, J. Wei, M. Samra, J. Roosevelt, L. Quiambao, P. Oviedo Guest(s) Present: Renae Lapez, Court Reporter, CSR# 12142, Atkinson - Baker; S. Faessel, Resident; P. Bos, Resident; D. Wain, Resident and Member of East Anaheim Neighborhood Council, R. Schwenk, Member of the Public; J. Hanes, Member of the Public AGENDA ITEM 1. PUBLIC HEARING ON THE PROPOSED MODIFICATIONS TO THE ELECTRIC RATES, RULES AND REGULATIONS CONCERNING VARIOUS RATE SCHEDULES.* The Public Hearing was called to order by Chairperson L. Cahill at 5:00 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 1 C 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 d Floor, City Hall. L. Cahill closed the public hearing on the proposed modifications to the Electric Rates, Rules and Regulations concerning various rate schedules at 5:24 p.m. 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 Electric Rates, Rules and Regulations concerning various rate schedules. A member of the public, S. Faessel, made a statement indicating There being no further testimony that he approved of the proposed action and recommended that or public comments, Chairperson the Board and City Council consider approving and adopting L. Cahill received the following the same. motion from A. Kott, who moved 2009 -68 AGENDA ITEM ACTION TAKEN that all evidence, oral and written, submitted by staff, including the Prepared Testimony with exhibits of Marcie L. Edwards and the Affidavits of Publication of the Notice of Public Hearing filed with the Secretary of the Board become part of the record and moved into evidence. Chairperson L. Cahill granted A. Kott's motion. P. Carroll observed that the language provided on page 2 of L. Cahill moved, as amended, that Exhibit 2 included the word "and" which did not seem the PUB recommend to the City appropriate for the referenced sentence. Where upon L. Cahill Council that, by motion, it certify amended his motion to address this such that it should say that the proposed modifications to "reopen the economic development business retention rate to the City of Anaheim Electric potential customers." Rates, Rules and Regulations are statutorily exempt under CEQA and, by Resolution, approve and adopt the modified City of Anaheim Electric Rates, Rules and Regulations as proposed by Staff in its Staff Report dated December 16, 2009, which was previously submitted as Exhibit 2 to the General Manager's Prepared Testimony, J. Brandman /C. Peltzer seconded the motion. MOTION CARRIED 7 -0. ABSTAINED: 0. ABSENT: 0. The regular PUB meeting convened and was called to order at 5:31 p.m. M. Edwards requested that Items No. 4 and No. 5 of the regular PUB meeting be heard before Items No. 2 and No. 3 as Items No. 4 and No. 5 are related to the matters considered during the public hearing. The Board agreed. 2. PUBLIC COMMENTS. There being no public comments, L. Cahill closed the general public comments portion of the meeting. IM" AGENDA ITEM ACTION TAKEN 3. APPROVAL OF THE MINUTES OF THE REGULAR PUBLIC UTILITIES BOARD (PUB) MEETING HELD NOVEMBER 18, 2009.* P. Carroll moved approval of the November 18, 2009, Public Utilities Board minutes as written. K. Murray seconded the motion. MOTION CARRIED: 5 -0.* *(J. Brandman indicated that he approved the first twenty minutes of the minutes as he was not present for the remainder.) ABSTAINED: 2 (L. Cahill, C. Peltzer). ABSENT: 0. 4. APPROVAL OF MODIFICATIONS TO RULE NO.9 (RENDERING AND PAYMENT OF BILLS) OF THE ELECTRIC RATES, RULES AND REGULATIONS.* During the preceding Public Hearing, M. Edwards explained D. Morgan moved that the PUB why this item was included in the staff report, which was recommend to the City Council attached to her Prepared Testimony as Exhibit 2, noting that at that, by Motion, it certify that the the conclusion of the Public Hearing, staff would seek the modification of Rule No. 9 is Board's consideration and action on the proposed modification statutorily exempt under CEQA of Rule No. 9 of the Electric Rates, Rules concerning a late and, by Resolution, modify Rule charge. No. 9 of the Electric Rates, Rules and Regulations as proposed by staff in its staff report dated December 16, 2009. P. Carroll seconded the motion. MOTION CARRIED: 7 -0. ABSTAINED: 0. ABSENT: 0. 5. APPROVAL OF MODIFICATIONS TO RULE NO.9 (RENDERING AND PAYMENT OF BILLS) OF THE WATER RATES, RULES AND REGULATIONS.* During the preceding Public Hearing, M. Edwards explained D. Morgan moved that the PUB why this item was included in the staff report, which was recommend to the City Council attached to her Prepared Testimony as Exhibit 2, noting that at that, by Motion, it certify that the the conclusion of the Public Hearing, staff would seek the modification of Rule No. 9 is Board's consideration and action on the proposed modification statutorily exempt under CEQA of Rule No. 9 of the Water Rates, Rules and Regulations and, by Resolution, modify Rule concerning a late charge. No. 9 of the Water Rates, Rules and Regulations as proposed by staff in its staff report dated December 16, 2009. K. Murray seconded the motion. MOTION CARRIED: 7 -0. ABSTAINED: 0. ABSENT: 0. tt AGENDA ITEM 6. APPROVAL OF AN AGREEMENT BETWEEN THE ORANGE COUNTY WATER DISTRICT AND THE CITY OF ANAHEIM FOR THE DISTRIBUTION AND SALE OF GROUNDWATER REPLENISHMENT SYSTEM WATER SUPPLIES.* D. Calkins made a presentation, indicating that this Agreement with the Orange County Water District (OCWD) is to purchase Groundwater Replenishment System water, which is recycled water, for the Canyon Power Plant (Plant). The California Energy Commission (CEC) requires all power plants of this type to use recycled water instead of potable water from a municipal water system. This water will be from the Groundwater Replenishment System which is the largest water recycling plant in the world and is located in Fountain Valley. This Agreement was approved by the OCWD Water Issues Committee the preceding week and is before the entire Board the evening of December 16' for approval. After D. Calkins responded to a variety of questions, the Board indicated that this Agreement is a positive step forward for the Canyon Power Plant. The Board and M. Edwards commended Staff for their hard work in negotiating this Agreement. 7. UPDATE ON WATER SYSTEM ISSUES. Water Supply Conditions Update D. Calkins indicated that although there have been several storms over the last month or so, the drought is not over. The monthly water supply conditions update will be provided to the Board starting next month. Year -to -date, Orange County has received about four inches of rain, which is a little bit above normal. Northern California is a little below normal, year -to- date, with about seven inches of precipitation. Water Quality Ranking Informational Memo D. Calkins indicated that the Environmental Working Group just released results of a somewhat unscientific study where it ranked the water quality of the nation's 100 largest cities. According to the study, Anaheim was ranked 79th. D. Calkins commented that regardless of this somewhat unscientific study, or the purported ranking, Anaheim's water quality consistently meets all health based drinking water standards. Staff takes water quality very seriously, testing Anaheim's water thousands of times per month to ensure consistently high quality. Water quality results are provided to all customers annually and are posted on the Utilities' website. ACTION TAKEN P. Carroll moved approval of the Agreement between the Orange County Water District and the City of Anaheim for the Distribution and Sale of Groundwater Replenishment System Water Supplies. J. Brandman seconded the motion. MOTION CARRIED: 7 -0. ABSTAINED: 0. ABSENT: 0. 2009 -71 AGENDA ITEM Passing of Wes Bannister D. Calkins noted that Wes Bannister, former Metropolitan Water District Board Chairman and Orange County Water District Director from the Huntington Beach area, passed away last week. Mr. Bannister will be greatly missed. 8. UPDATE ON ELECTRIC SYSTEM ISSUES. Direct Buried Cable Informational Memo M. Ward stated that the memo highlights the current status of the program and some of the criteria used in selecting projects. D. Morgan noticed in project Phase 7, Canyon Rim Road is identified and enquired if the project intended to do the entire length of Canyon Rim Road from Nohl Ranch Road up to Serrano. Monthly Resource Adequacy Plan M. Ward discussed the Monthly Resource Adequacy Plan for January 2010. The Utility is fully resourced for the month of January. 9. UPDATE ON FINANCE ISSUES. City Audit E. Zacherl stated that the City Audit has been completed. The City received an unqualified opinion on both water and electric statements and it has been presented to the audit committee for the City as it is ready for publication. Market Perception of the Utility The Utility went out for the second short term financing for the Canyon Power Project. The bond offering became oversubscribed in the auction. 10. UPDATE ON JOINT SERVICES ISSUES. Approval of Resolution for Stimulus Funds M. Long indicated that at the December 15th City Council Meeting, the Council members approved the Resolution to apply for stimulus funds under the State Energy Program, Municipal and Commercial Building Retrofit Program. Pursuant to the Resolution, the Department requested authority for $5 million and, if awarded, the Department will implement a lighting retrofit program targeting the hotel, entertainment, and recreation business sectors. Emissions Management Plan M. Long indicated that City Departments are working on an Emissions Management Plan which will include everything that ACTION TAKEN Staff will find out the intended length of Phase 7 and let him know. 2009 -72 AGENDA ITEM ACTION TAKEN the City has accomplished in the last ten years. The Plan will look forward to determine what type of target levels and strategies the City wants to put in place to reduce the City's greenhouse gasses. This project should be completed in the April/May 2010 timeframe. M. Edwards asked M. Long to assemble a report that can be Staff will provide a report. provided to the PUB and Council with the recent overview of all the stimulus funds that the Department has requested and received. State of the City Luncheon M. Long invited the Board to attend the Anaheim State of the City Luncheon featuring Mayor Curt Pringle on Tuesday, January 26, at the Grove in Anaheim at 11:30 a.m. The Board was asked to please contact M. Long if they are interested in attending. 11. AGENDA ITEMS) FOR THE NEXT MEETING ON JANUARY 27, 2010. • Enterprise Risk Management Program • Intent to Incur Debt and Allow for Reimbursement in the Water Utility Fund* • Second Amendment to Water Facility Design and Installation Agreement for the Mountain Park Development* • Adoption of Landscape Guidelines* • Milford Wind Corridor Phase II* *Items will be forwarded to City Council for action after presentation to the PUB. 12. ITEM(S) BY SECRETARY. None. 13. ITEM(S) BY BOARD MEMBERS. K. Murray indicated that the news from the State on the allocation of water for next year from the State Water Project (SWP) is expected to be very low. The allocation, which is 5 %, is the lowest in the history of the SWP. It was set at this low level by the Department of Water Resources because of low storage levels and regulatory legal restrictions on moving water from Northern California to the Central Valley and Southern California. M. Edwards added that staff will keep the Board apprised month to month as the Department understands more about allocations, snow pack, and water availability. 2009 -73 AGENDA ITEM P. Carroll thanked staff for putting together a great presentation on the electric rates, and wished a Happy Holiday season to the Board and staff. D. Morgan wished staff a Happy Holidays as well. He also expressed his thanks to M. Edwards and staff for spending time with him to get him up to speed on the issues with a lot of history. He indicated the recommendations were thoughtful and strategic, perhaps leaning toward restrain from his point of view, but as Board members they all understand. M. Edwards commented that it's exciting to have members of the public in attendance at the Board Meeting and would like to say that the Board meets monthly at Anaheim West Tower, typically on the I P floor. She indicated that Staff is happy to provide a schedule of the meeting to those interested. L. Cahill requested a motion to adjourn the meeting. 14. ADJOURNMENT: (TO THE NEXT REGULAR MEETING DATE OF JANUARY 27, 2010, AT 5:00 P.M., IN THE 11 FLOOR PUBLIC UTILITIES CONFERENCE ROOM, ANAHEIM WEST TOWER, 201 S. ANAHEIM BLVD., ANAHEIM, CALIFORNIA.) Marcie L. Edwards Secretary, Public Utilities Board ACTION TAKEN J. Brandman moved to adjourn the public hearing/regular meeting at 6:15 p.m. to the regular meeting date of January 27, 2010, at 5:00 p.m. D. Morgan seconded the motion. MOTION CARRIED: 7 -0. ABSTAINED 0. ABSENT: 0. w