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Public Utilities 2015/12/16CITY OF ANAHEIM PUBLIC UTILITIES BOARD MINUTES December 16, 2015 The agenda having been posted on Thursday, December I0, 2015, the Public Hearing/Regular Meeting of the Public Utilities Board (Board) was called to order by Chairperson J. Machiaverna at 5:00 p.m. on Wednesday, December 16, 2015, in the 2"d Floor Gordon Hoyt Conference Center, Anaheim West Tower, 201 S. Anaheim Blvd., Anaheim, California. Board Members Present: Chairperson J. Machiaverna, Vice Chairperson S.E. Faessel, L. Cahill, B. Hernandez, D. Wain, E. Medrano, A. Abdulrahman Board Members Absent: None Staff Present: D. Lee, B. Beelner, J. Lonneker, M. Moore, G. Bowen, J. Lehman, A. Kott, D. Ballin, L. Quiambao, P. Oviedo, M. Seifen, M. Jouhari, J. McBride, I. Macias T. McCarthy, D. Cotton, P. Hayes, D. Albaugh, A. Quintero, R. Gomez, S. Boodanian, Y. Dominguez Guest(s) Present: Nikki Howell, Court Reporter; John Elwell, Anaheim resident; Eileen Taber, Anaheim resident; Donald Yvaska, Anaheim resident; Mirian Stypan, Anaheim resident; Lin Yann, Anaheim resident; Ving Yann, Anaheim resident; Mike Lynch, Anaheim resident; Norma Rosales, Anaheim resident; Roberto Ramos, Anaheim resident; Buen Thio, Anaheim resident; Steve Nunez, Anaheim resident; Sarah Carillo, Newport Pacific; Henri Laborde, Anaheim resident; Rosa Castillo, Anaheim resident; Ernestine Armstrong, Anaheim resident; Alex Sanchez, Anaheim resident; Stacey Shokri, Anaheim resident AGENDA ITEM 1. PUBLIC COMMENTS. No Public Comments. 2. APPROVAL OF THE MINUTES OF THE REGULAR PUBLIC UTILITIES BOARD MEETING OF NOVEMBER 18, 2015. * 2015-77 ACTION TAKEN There being no public comments, Chairperson J. Machiaverna closed the public comments portion of the regular meeting. B. Hernandez moved approval of the Minutes of the Regular Public Utilities Board Meeting of November 18, 2015. E. Medrano seconded the motion. MOTION CARRIED: 6-0. ABSTAINED: 1 (L. Cahill). ABSENT: 0. AGENDA ITEM 3. PRESENTATION ON STORMWATER CAPTURE AND WATER SUPPLY. T. McCarthy, Engineering Manager, shared a presentation with the Board on Stormwater Capture and Water Supply. As part of the presentation, he described the EI Nino weather phenomenon, how the stormwater generated from EI Nino relates to the City's groundwater supply, and the systems that are in place to leverage stormwater runoff to improve water supply. T. McCarthy also shared how the EI Nino weather conditions and the Pacific Ocean water temperatures are similar to those observed in 1998, which was a very strong EI Nino year. He shared how stormwater runoff recharges groundwater, and that measures have been implemented to capture as much stormwater runoff as possible including raising of Prado Dam, groundwater recharge at the Anaheim Lakes, and the Five Coves Inflatable Dam. T. McCarthy addressed how all these projects work to help recharge groundwater and shared how the Public Utilities Department (Department) and regional partners are preparing for the forecasted wet winter conditions. The presentation also addressed how customers can help this winter by limiting irrigation, keeping downspouts clean, and reporting clogged catch basins. Customers can also use rain barrels to capture and use stormwater at their homes. A rebate is currently available for rain barrels and the Department will be hosting a rain barrel event in late January 2016 to make them available at a very low cost. 4. DETERMINE THAT AN ORDINANCE AMENDING CHAPTERS 10.19 AND 18.16 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LANDSCAPE WATER EFFICIENCY (LANDSCAPE WATER EFFICIENCY ORDINANCE) IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15307 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS (CCR); AND APPROVE THE LANDSCAPE WATER EFFICIENCY ORDINANCE. * Michael Moore, AGM — Water Services, reviewed the proposed ordinance amending Chapters 10.19 and 18.16 of the Anaheim Municipal Code Relating to Landscape Water Efficiency (Landscape Water Efficiency Ordinance). The ordinance and guidelines are required to comply with the State of California Department of Water Resources regulations or the City of Anaheim (City) must comply with the State model ordinance. The modifications to the Landscape Water Efficiency Ordinance and guidelines will reduce landscape irrigation for urban water agencies. The ordinance only affects customers that require a permit or plan review from the City and are modifying landscaping over 2,500 square feet or new landscaping over 500 square feet. Public Utilities staff has worked closely with the Planning Department to incorporate the changes. The Planning Department will coordinate the implementation of the changes with customers and developers. 2015-78 ACTION TAKEN D. Wain moved approval to determine that an ordinance amending Chapters 10.19 and 18.16 of the Anaheim Municipal Code Relating to Landscaping Water Efficiency (Landscaping Water Efficiency Ordinance) is exempt from CEQA; and approve the Landscape Water Efficiency Ordinance. S.E. Faessel seconded the motion. MOTION CARRIED: 7-0. ABSTAINED: 0. ABSENT: 0. AGENDA ITEM ACTION TAKEN 5. PUBLIC HEARING: DETERMINE THAT THE Chairperson J. Machiaverna MODIFICATIONS TO THE WATER RATES, RULES AND opened the Public Hearing. REGULATIONS ARE EXEMPT FROM CEQA, IN ACCORDANCE WITH PUBLIC RESOURCES CODE, The Public Utilities SECTION 21080(B)(8), IN ACCORDANCE WITH TITLE 14 OF Department presented prepared THE CCR, SECTION 15273 (A); AND CONSIDER PROPOSED testimony and oral testimony PER METER SIZE INCREASE TO THE CUs TOMER CHARGE by two witnesses in support of AND MINOR TEXT MODIFICATIONS TO THE GENERAL its request for proposed WATER SERVICE (SCHEDULES W -G) AND PRIVATE increases to the Customer FIRELINE SERVICE (W-PFL) RATE SCHEDULES OF THE Charge per meter size, and WATER RATES, RULES, AND REGULATIONS. * minor text modifications to the General Water Service The public hearing was called to order by Chairperson J. (Schedule W -G) and Private Machiaverna. Fireline Service (Schedule W- PFL) rate schedules of the D. Lee, B. Beelner, M. Moore, J. McBride, T. Mardikian, and T. Water Rates, Rules and McCarthy were sworn in by the court reporter, after which Regulations. Chairperson J. Machiaverna outlined the procedures to be followed during the hearing. There being no further testimony or public comments, D. Lee, Public Utilities General Manager, stated that Anaheim Chairperson J. Machiaverna residents and businesses have reduced water consumption by received the following motion approximately 30% over the past 15 years, despite growth in the from A. Kott, who moved that population during that timeframe. He explained that as a result of all evidence, oral and written, Governor Jerry Brown's Executive Order, declaring a state of submitted by staff, including emergency, the State Water Resources Control Board adopted the Prepared Testimony with regulations requiring water agencies to reduce water consumption. exhibits from B. Beelner; the The City's water reduction mandate is 20% of water use compared to Affidavits of Publication of the 2013 levels. This requirement equates to approximately 3.3 billion Notice of Public Hearing; the gallons of water. If the Water Utility is unable to meet that mandate, Certificate of Mailing; and the the City is subject to fines of up to $10,000 per day. written protests and the returned notices filed with the D. Lee highlighted the impact of the State mandate by explaining that Secretary of the Board become Anaheim is on track to meet the State mandate but that doing so has part of the record and moved contributed to a reduction in revenues that cannot be entirely offset into evidence. Chairperson J. with cost containment measures. It is anticipated that conservation Machiaverna granted A. Kott's efforts have resulted in a sustained reduction in water usage and motion. revenues are not expected to fully rebound. D. Lee indicated that the Water Utility would be unable to maintain current service levels or Chairperson J. Machiaverna maintain the healthy financial position of the Utility without the next entertained A. Kott's proposed rate action, which will increase the fixed Customer Charge request to close the record of component of all customers' water rates. D. Lee explained that the the public hearing because Department is also proposing to make minor modifications to the text there were no further witnesses of two water rate schedules, General Water Service (Schedules W -G) or evidence to be submitted by and private Fireline Service (W-PFL), in order to improve consistency the Department for the Board's between the two rate schedules. consideration. Since no objections to Staff's request B. Beelner, AGM - Finance and Administration, described the four were interposed, Chairperson J. components that make up a customer's water bill, highlighting that Machiaverna closed the Public only one of the four components is fixed and that the remaining three Hearing. components are billed based on water consumption. He explained that the current rate structure places heavy reliance on customers The Board provided comments. using water in order to generate enough revenue to recover the Water After which, Chairperson J. Utility's costs. B. Beelner also explained that nearly half of the Water Machiavema summarized the 2015-79 AGENDA ITEM Utility's costs are fixed and, as such, do not change in proportion to changes in water consumption. He highlighted examples of costs that do not change even though water consumption declines, including costs related to water quality testing, providing customer service, and various field activities such as maintenance and repair of the water distribution system, and debt service. B. Beelner illustrated the Water Utility's financial reserve level compared to neighboring water agencies noting that Anaheim's financial reserves are low in relation to others. Low reserves are the result of the low rates charged to customers, which keeps money in customers' pockets as opposed to the Water Utility's bank account. Despite low reserves, the Water Utility has historically maintained strong debt service coverage Ievels and, as a result, the Water Utility maintains a AAA credit rating, which allows Anaheim access to lower borrowing costs and translates into low rates for customers. B. Beelner explained that the Water Utility has taken steps to mitigate the need for higher rate adjustments, which include lowering water supply costs, foregoing vehicle replacements, deferring non-critical maintenance, not hiring additional staff, and prioritizing capital projects. The Water Utility will also use approximately $3 million of the approximately $6 million it holds in reserves to mitigate the rate increase. B. Beelner explained that these efforts alone are not enough to maintain current service levels and maintain the financial position of the Water Utility, nor are these efforts sustainable in the future. B. Beelner described how customers who maintain lower water consumption by continuing to conserve the State -mandated 20% can still save money on their water bill compared to what they would pay had they not conserved. He also illustrated how Anaheim's fixed Customer Charge compares to the other water agencies in Orange County noting that Anaheim is currently the lowest and that the average Orange County fixed charge is approximately 59% higher than Anaheim's proposed rate. Increasing the Customer Charge component of customers water bills will help provide reliable funding to maintain the water distribution system, regardless of water usage levels. D. Lee illustrated that Anaheim residents will continue to pay less for their water than they would if they lived elsewhere in Orange County, noting that a typical Orange County resident will pay approximately 20% more than an Anaheim resident, even after the proposed rate increase. D. Lee concluded by stating that the Water Utility is seeking only enough revenue to recover the cost of providing clean, reliable water to its customers and that Anaheim's water rates will continue to be among the lowest in Orange County. D. Lee stated that Customer Service had received and responded to 57 phone calls and that written protests relating to 60 properties had been received. The Chairperson inquired as to whether or not the proposed increase was temporary and if so, why. D. Lee explained that the proposed 2015-80 ACTION TAKEN prior testimony of D. Lee, concluding that the number of protests received did not constitute a majority protest. S.E. Faessel moved that the Board determine that the modifications to the Water, Rates, Rules and Regulations are exempt from CEQA and recommend that City Council by resolution approve and adopt the proposed increases to the Customer Charge per meter size, and minor text modifications to the General Water Service (Schedule W -G) and Private Fireiine Service (Schedule W-PFL) rate schedules of Water, Rates, Rules and Regulations. A. Abdulrahman seconded the motion. MOTION CARRIED: 7-0. ABSTAINED: 0. ABSENT: 0. D. Wain moved approval of a fifteen minute break. S.E. Faessel seconded the motion. MOTION CARRIED: 7-0. ABSTAINED: 0. ABSENT: 0. AGENDA ITEM ACTION TAKEN increase is not temporary, noting that conservation and more efficient use of water will continue to result in under recovery of costs without the rate changes. B. Beelner indicated to the Board that the Customer Charge component of water rates was last changed in 1999 and is outdated as it currently stands. Increasing the Customer Charge component is appropriate to help mitigate financial risk now and in the future. The Chairperson inquired as to what will happen if the anticipated increase in rain comes to fruition this winter. D. Lee explained that such an event will help replenish water supplies but will not impact the cost to maintain day-to-day operations, and that wet weather will likely cause further conservation of potable water as irrigation is turned off. Three members of the public commented on the proposed water rate revisions: one in support and two in opposition to the proposed changes. All evidence presented to the Board was moved into evidence to become part of the record. Thereafter, members of the Board commented. The Chairperson then summarized the previous testimony of D. Lee as to the number of Notices of 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 Public Hearing that were mailed to Anaheim property owners and customers, he concluded that the written protests do not equal 50% plus 1 of the tenants or property owners of record in the service territory. Thus, as guided by applicable state laws, he stated that there was no majority protest to the proposed rate actions. The Chairperson next indicated that an action item was required by the Board concerning rate actions. 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 11th 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, 2nd floor, City Hall. Chairperson J. Machiavema proposed a fifteen minute break. The regular PUB meeting convened and was called to order at 6:35 p.m. 6. APPROVAL OF THE SAFETY CONSULTING SERVICES L. Cahill moved approval of AGREEMENT BETWEEN ERS INTERNATIONAL, INC. DBA the Safety Consulting Services EHSINC AND THE CITY OF ANAHEIM. * Agreement between ehs International, Inc. dba ehs, Inc. D. Albaugh, Administrative Services Manager, presented the Board and the City of Anaheim. B. with a brief overview of the Department's Safety Program, and Hernandez seconded the explained how the use of a safety consulting firm will supplement motion. internal safety initiatives. The Board asked a series of questions MOTION CARRIED: 7-0. pertaining to prior safety consulting services, and D. Albaugh ABSTAINED: 0. 2015-81 AGENDA ITEM explained that previous services were programmatic safety culture - oriented, and that this proposed agreement is an on-call safety firm with expertise in various areas. 7. DETERMINE THAT MODIFICATIONS TO RULE NOS. 4 AND 8 OF THE ELECTRIC AND WATER RATES, RULES AND REGULATIONS ARE EXEMPT FROM THE CEQA PURSUANT TO SECTION 15061(B)(3) OF TITLE 14 OF THE CCR; APPROVE MODIFICATIONS TO RULE NOS. 4 AND 8 OF THE ELECTRIC AND WATER RATES, R ULES AND REGULATIONS * Derrien Cotton, Utility Services Supervisor, presented the Board with an overview of the proposed modifications to the Electric and Water Rates, Rules and Regulations (Rules 4 and 8). The modifications are part of a continuing effort to reduce regulatory burden on Anaheim residents and businesses, and specifically addressed deferred payment assistance and customer notices. Some of the initiatives include providing a credit if customers opt into online bill payments using bank accounts, providing a courtesy credit to customers who miss a payment but have good payment histories, providing options such as bill due date extensions or payment plans to help customers struggling to pay their bills, and the ability to restore customers' electricity more quickly by leaving their circuit breakers on and avoiding issues where meters are locked in a utility room. The Board commented that these initiatives are customer -friendly. 8. UPDATE ON WATER SYSTEM ISSUES. M. Moore provided the Board an update on Water Services, indicating that the State is proposing to extend the emergency drought regulations past February 2016. The proposed changes will not be decided until late January. The State is planning to continue the drought regulations through October. The Walnut Canyon Reservoir Repairs have been completed. The reservoir will begin filling, but it will take 1-2 months to bring the water levels to normal. A rain barrel event is being planned for late January. The City event will take advantage of rebates for rain barrels and allow customers to purchase up to two rain barrels for $5 each. The event is being planned on the Center Street Promenade. M. Moore reminded the Board about the upcoming Municipal Water District of Orange County (MWDOC) Water Policy Dinner is planned for January 22, 2016, featuring Felicia Marcus. 9. UPDATE ON ELECTRIC SYSTEM ISSUES. J. Lonneker, AGM - Electric Services, provided the Board with an update that the December 15, 2015, City Council meeting had been continued to January 12, 2016, which has delayed the formation of Undergrounding District (UD) 64 - Orangewood. J. Lonneker shared 2015-82 ACTION TAKEN ABSENT: 0. E. Medrano moved approval to determine that the modifications to Rule Nos. 4 And 8 of the Electric and Water Rates, Rules and Regulations are exempt from CEQA and approve the modifications to Rule Nos, 4 And 8 of the Electric and Water Rates, Rules and Regulations. A. Abdulrahman seconded the motion. MOTION CARRIED: 7-0. ABSTAINED: 0. ABSENT: 0. AGENDA ITEM ACTION TAKEN that the delay will not impact the project schedule. 10. UPDATE ON FINANCE ISSUES. B. Beelner shared that the December monthly dashboard would be delayed by one month due to the Board meeting being held a week earlier than normal and that the month of November had just closed. He informed the Board that the January dashboard would include monthly information for both November and December. B. Beelner also shared that the Revolving Credit Agreement with Wells Fargo, that the Board approved at the November meeting, was scheduled for the December 15, 2015 City Council meeting. However, since the meeting was adjourned before the item was discussed, it was pushed to the January 12, 2016 City Council meeting. B. Beelner also discussed the impacts of the 0.25% increase in the Federal Daily Funds Rate approved by the Federal Reserve Board earlier in the day sharing that this increase would likely also increase the Department's annual interest costs by approximately $200,000 per year. The variable interest rate debt is still a valuable tool for the Department when comparing the current short term interest rates to current long term interest rates, which are significantly higher. 11. UPDATE ON POWER SUPPLY ISSUES. G. Bowen, AGM - Power Supply, provided the Board with an update that a major planned outage of the Department's San Juan Unit 4 facility was just completed. He also stated that the Unit 4 facility was part of a total of 4 -coal units altogether in the San Juan project and that the Department had partial ownership of Unit 4 totaling 50 MW. G. Bowen further explained that the planned outage was part of an agreement with the Federal and State Environmental Protection Agencies to reduce greenhouse gas emissions and keep the facility operating past the 2017. The agreement required a shutdown of Units 2 and 3 by date certain in 2017 and the remaining Units, Units 1 and 4, to be retrofitted with new air pollution control equipment to reduce GHG emissions. Unit 1 underwent an outage earlier in the summer, and Unit 4 just came out of its 6 -week planned outage at the end of November. Lastly, G. Bowen explained that with the Department's divestiture of the Unit 4 facility in 2017 will allow for the procurement of additional renewable resources in the Department's resource portfolio to meet the new State -mandated 50% renewables target in 2030. 12. UPDATE ON ENTERPRISE RISK, COMPLIANCE, AND LEGISLATIVE & REGULATORY AFFAIRS ISSUES. J. Lehman, Chief Risk Officer, shared that there is potential for extreme storm events this winter, and that the Department has been undertaking a number of preparations for potential El Nino related storm response. The Department has participated in Citywide coordination efforts, including those in conjunction with the Anaheim 2015-83 AGENDA ITEM ACTION TAKEN Fire & Rescue Department. Additionally, a list of the types of actions and activities that can be done to prepare for these kinds of events, as well as for other types of emergencies, was provided to the Board and made available to the public. She then invited the Board's attention to the Wholesale Energy Risk Management (ERM) Program's Quarterly Compliance report at their place setting. This Program sets criteria under which certain energy related transactions can be made providing the framework for transactions to be made in an efficient manner while ensuring that the Department's interests are protected and risks are identified and appropriately managed. J. Lehman reported that all transactions were in compliance with the ERM program and there were no violations. She also mentioned that additional training was initiated and new procedures were developed in a couple of key areas to address communication issues. She shared that there have been a number of workshops and meetings with various legislators and regulators which set the stage for potential follow-up legislation this year regarding water user fees and greenhouse gas emissions. She reported that on the Federal level, the drought legislation is moving very slowly, and that an attempt to put the legislation into the Omnibus bill failed, but that the California parties were still actively working to develop a bill. The major point of contention seemed to be the treatment of an existing provision of the Endangered Species Act which dictates river flows for the Delta which in turn directly impact fish. They all are looking for federal funding to assist with drought assistance efforts that range from Dam enhancements to the funding of efficiency programs. 13. AGENDA ITEM(S) FOR THE NEXT PUBLIC UTILITIES BOARD MEETING ON JANUARY 27, 2016. D. Lee mentioned the following upcoming agenda items are currently scheduled: • Water Supply Conditions Update • Smart Grid Implementation Presentation • Quarterly Status Reports on CIP, MA, GSA, and Spot Bid Awards • Renewables Portfolio Standard Procurement Policy Update • Approval of Electronic Bill Payment Agreement 14. ITEM(S) BY SECRETARY. D. Lee reported that City Council appointed Councilmember Jordan Brandman to be Anaheim's Director on the Orange County Water District Board. City Council also re -appointed Steve Faessel as the Director to the Metropolitan Water District of Southern California. 2015-84 AGENDA ITEM 15. ITEM(S) BY BOARD MEMBERS. A. Abdulrahman appreciated the discussion and information shared on water rates and stormwater capture. D. Wain thanked staff for the presentations provided. E. Medrano stated that the Department's actions taken to assist customers through rule modifications are proactive. L. Chill said that important decisions were made during the meeting regarding the water system. He congratulated S. Faessel on his reappointment on the MWD Board, B. Hernandez requested information on the impacts of the CIass 1 ISO ratings on insurance premiums for customers. S.E. Faessel stated that the information that was provided in the presentations was very informative. J. Machiaverna commended staff regarding the presentation components. He also stated that the water rate action was an important determination. 16. ADJOURNMENT: (REGULAR MEETING ON JANUARY 27, 2016, AT 5:00 P.M., IN THE 11TH FLOOR LARGE CONFERENCE ROOM, ANAHEIM WEST TOWER, 201 S. ANAHEIM BOULEVARD, ANAHEIM, CALIFORNIA). Dukku Lee Public Utilities General Manager ACTION TAKEN E. Medrano moved approval to adjourn the Public Hearing / Regular Meeting at 7:04 p.m., to the Board's Regular Meeting date of January 27, 2016 at 5:00 p.m. S.E. FaesseI seconded motion. MOTION CARRIED: 7-0. ABSTAINED: 0. ABSENT: 0. * 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. 2015-85