Draft Minutes
Board of Directors Meeting
Wednesday, March 19, 2025
6:00 pm
In Person:
The Lake Merritt Room
Cal State East Bay - the Oakland Center
In the Transpacific Centre
1000 Broadway, Suite 109
Oakland, CA 94607
Or from the following locations:
• Albany Community Center - 1249 Marin Ave, Albany, CA 94706 • Clipper Club - 5 Captain Dr. Emeryville, CA 94608
• Milk and Honey Cafe, 34265 Fremont Blvd, Fremont, CA 94555 • 35653 Scarborough Dr. Newark CA 94560
• 1100 Webster St Oakland CA 94607
• San Joaquin County Administration Building, 44 N. San Joaquin Street Room 145, 1st floor, Stockton, CA 95202
• 1755 Harvest Landing Ln., Tracy, CA 95376
Via Zoom:
https://ebce-org.zoom.us/j/87023071843
Or join by phone:
Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 929 205 6099 or +1 301 715 8592 or 888 475 4499 (Toll Free) or 877 853 5257 (Toll Free)
Webinar ID: 870 2307 1843
Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the Clerk of the Board at least 2 working days before the meeting at (510) 906- 0491 or [email protected].
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If you have anything that you wish to be distributed to the Board of Directors, please email it to the clerk by 5:00 pm the day prior to the meeting.
The following Members were sworn in:
Councilmember Matthew Solomon (Emeryville – Alternate)
Supervisor Mario Gardea (San Joaquin County – Alternate)
1. Welcome & Roll Call
Present: Members: Marquez (Alameda County), Lopez (Albany), Tregub (Berkeley), Morada (Dublin), Solomon (Emeryville), Roche (Hayward), Barrientos (Livermore), Del Catancio (Newark), Brown (Oakland), Gardea (San Joaquin County), Gonzalez (San Leandro), Nygard (Tracy), Sakakihara (Union City), CAC Chair Hernandez (Community Advisory Committee) and Chair Balch (Pleasanton)
Not Present: Members: Keng (Fremont), Diallo (Lathrop), Fugazi (Stockton) and Vice-Chair Andersen (Piedmont) Please note that Member Solomon served as the alternate for Member Kaur (Emeryville), and Member Gardea served as the alternate for Member Rickman (San Joaquin County).
Note that the agenda item order was changed. Item 18, Local Development Fund Reconciliation, was heard prior to Item 17, SB 540.
2. Pledge of Allegiance
Matthew Solomon led the body in reciting the Pledge of Allegiance.
3. Public Comment
This item is reserved for persons wishing to address the Board on any Ava-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. As with all public comment, members of the public who wish to address the Board are customarily limited to two minutes per speaker and must complete an electronic speaker slip. The Board Chair may increase or decrease the time allotted to each speaker. (3:56) Public Comment: Jessica Tovar spoke about Ava’s roots and the importance of continuing to deliver community benefits through local development.
4. (5:55) Closed Session Public Comment
There was no public comment for this item.
5. (7:50) Closed Session
A. Public Employee Performance Evaluation Pursuant of Code § 54957: Chief Executive Officer
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6. (33:03) General Report Out of Closed Session
There were no items to report out of the Closed Session.
CONSENT AGENDA
7. Approval of Minutes from February 19, 2025
8. Contracts Entered Into (Informational Item)
9. Amend Agreement with Chen Design Associates
Increase the NTE amount in the contract from $200k to $300k
10.Policy Update to include Stockton/ Lathrop/ Unincorporated San Joaquin Update language in NEM tariff to include Stockton, Lathrop and Unincorporated San Joaquin County customers
11.Q2 Financial Statements
Present the second quarter financial statements for current fiscal year
12.Ascend Analytics
Second Amendment to increase NTE and add another project.
13.SMUD Task Order 4, Accounts Receivable Recovery Agent Services Order 4 for Accounts Receivable Recovery Agent Services (36:05) Public Comment: Jim Lutz: asked clarifying questions about the Kitchen Stadium consulting services agreement.
(37:29) Member Tregub motioned to approve the Consent Agenda. Member Gonzalez seconded the motion, which was approved 14/0/0/0/4. (yes/no/abstain/recuse/not present).
Yes: Members: Marquez, Lopez, Tregub, Morada, Solomon, Roche, Barrientos, Del Catancio, Brown, Gardea, Gonzalez, Nygard, Sakakihara and Chair Balch No: none
Abstain: none
Recuse: none
Not Present: Members: Keng, Diallo, Fugazi and Vice-Chair Andersen
REGULAR AGENDA
14.(38:37) CEO Report
CEO Howard Chang provided updates on recent subcommittee meetings, including discussions on the critical municipal facilities program, local development fund reconciliation, financials, and upcoming contract policies. He also announced that future board meetings will move to Ava’s headquarters at 1999 Harrison Street in Oakland.
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Howard spoke about Ava‘s outreach and enrollment efforts in the Stockton and Lathrop areas, and noted a successful engagement campaign and a low opt-out rate among new customers. Howard also shared that customer inquiries were being effectively managed by the call center and outreach teams.
A large portion of the report focused on the wide range of local development programs underway or in development. These include the Healthy Communities pilot installing induction stoves in low-income homes, the Critical Municipal Facilities Solar and Storage program, Ava Charge fast-charging infrastructure, and new residential EV charging and eBike incentive programs. Upcoming projects include smart battery storage, resilience hubs, and building efficiency accelerators. Howard stated that many of these programs are nearing launch and will be accompanied by public outreach campaigns and support materials.
(56:33) Public Comment: Jim Lutz thanked staff for the local development update summary and asked why the electric truck charging program in Livermore was not included.
15.(1:01:08) CAC Report
Chair Hernandez reported that the Community Advisory Committee (CAC) met on March 17 and discussed the support letter for SB 540 and the Local Development Fund reconciliation. He provided updates from the Energy Affordability and Local Development Business Plan ad hoc committees, and stated that the CAC had recommended that at least one CAC member be supported to attend CalCCA events.
16.(1:05:21) Reserve Fund Policy Review (Informational Item) Present the reserve fund policy for review and discussion The Reserve Fund Policy Review was presented as an informational item to provide context on Ava Community Energy’s current reserve policy, its historical evolution, and plans for future financial planning. In the presentation, CEO Chang introduced the concept of a rate stabilization fund, which would be more flexible and used under less extreme circumstances than the primary reserve fund. This fund would support Ava’s ability to maintain stable rates during market downturns without compromising Ava’s value proposition.
(1:29:12) Public Comment: Jessica Tovar encouraged the board to invest more in local clean energy projects, such as community-based generation, energy efficiency, and electrification.
Note that the agenda item order was changed. Item 18, Local Development Fund Reconciliation, was heard prior to Item 17, SB 540.
17.(2:01:46) SB 540 Support Letter (Action Item)
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Presenting on SB 540 and the Pathways Initiative, and seeking Board approval to sign support letter for SB 540
Todd Edmister, Senior Director of Public Policy, presented SB 540 and the Westside Pathways Initiative, which proposes shifting governance of California’s wholesale energy market rules to a new regional organization in response to growing dissatisfaction from out-of-state suppliers with California’s current governance structure.
Public Comment:
Eleven members of the public spoke in opposition to SB 540 and urged the Board not to support the proposed letter. Commenters expressed concerns that the bill would undermine California’s control over its energy markets, increase reliance on out-of-state fossil fuel sources, and divert focus from local clean energy investments. Many speakers requested that the Board delay any decision on the letter to allow more time for consideration.
(2:41:06) Public Comment – Dave Shukla
(2:43:50) Public Comment – Ayla Peters Paz
(2:46:01) Public Comment – Claire Broome
(2:48:20) Public Comment – Aaron Reaven
(2:50:13) Public Comment – Jennifer Tanner
(2:52:21) Public Comment – Audrey Ichinose
(2:54:14) Public Comment – Ann Harvey
(2:56:34) Public Comment – Emily Ross
(2:57:49) Public Comment – Jessica Tovar
(3:00:03) Public Comment – Hernando Sanchez
(3:02:04) Public Comment – Jean Woo
Member Tregub motioned to refer the SB 540 item to the next Marketing, Regulatory and Legislative subcommittee meeting. Member Nygard seconded the motion.
Member Gonzalez made a substitute motion to support staff’s recommendation.
Member Roche seconded the motion. The substitute motion was not approved. 6/7/1/0/4 (yes/no/abstain/recuse/not present).
Yes: Members Solomon, Roche, Barrientos, Gardea, Gonzalez and Chair Balch No: Members Marquez, Lopez, Tregub, Del Catancio, Brown, Nygard and Sakakihara
Abstain: Member Morada
Recuse: none
Not Present: Members Keng, Diallo, Fugazi, and Vice-Chair Andersen Member Marquez offered a friendly amendment to Member Tregub’s original motion to bring the SB 540 item back to the April 16, 2025 Ava Board of Directors meeting. Member Tregub and Member Nygard accepted the friendly amendment, which was approved 13/1/0/0/4 (yes/no/abstain/recuse/not present):
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Yes: Members Marquez, Lopez, Tregub, Morada, Solomon, Roche, Barrientos, Del Catancio, Brown, Gardea, Gonzalez, Nygard and Chair Balch No: Member Sakakihara
Abstain: none
Recuse: none
Not Present: Members Keng, Diallo, Fugazi and Vice-Chair Andersen
18.(1:35:38) Local Development Fund Reconciliation (Informational Item) Overview of budget and expenses assigned to Local Development fund since FY20 The Local Development Fund Reconciliation item, presented by Chief Customer Officer Annie Henderson, provided an overview of how Ava Community Energy has allocated, spent, and earmarked funds for local development from FY 2020 through FY 2025. (1:51:36) Public Comment: Jessica Tovar spoke in support of investing $9.5 million in local development funds toward community-driven projects like islandable solar and battery storage in underserved areas.
19.Board Member and Staff Announcements including requests to place items on future Board of Directors Meeting Agendas
• Chair Balch reminded board members that subsequent Board of Directors meetings would be held at Ava Community Energy headquarters.
20.Adjourned at 9:50pm
The next Ava Board of Directors meeting will be held on Wednesday, April 16, 2025 at 6pm. Please note the new location:
Conference Room 5
Ava Community Energy
1999 Harrison Street, Suite 2300
Oakland, CA 94612