Operations Board of Directors
Wednesday, August 10, 2022
10:30 AM
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
IMPORTANT NOTICE REGARDING COVID-19 MEETING REQUIREMENTS The special procedures in place to minimize the spread of the COVID-19 virus may supersede general meeting procedures and delay distribution of materials to members, although every effort will be made to ensure comments and materials received prior to the meeting end will be made part of the record.
Based on guidance from the California Department of Public Health and the California Governor’s Office, in order to minimize the spread of the COVID-19 virus, please do the following:
1. You are strongly encouraged to observe the live stream of the CCCE Operations Board of Directors meeting at:
https://3cenergy.hylandcloud.com/203agendaonline/Meetings/Search?dropid=4
2. The CCCE Board Room remains open. If you attend the CCCE Operations Board of Directors meeting in person:
a. You will be required to (i) wear a mask during the meeting and (ii) maintain appropriate social distancing, i.e., maintain a 6-foot distance between yourself and other individuals. b. Additional seating with audio of the CCCE Operations Board of Directors meeting will be available in the CCCE Main Conference Room, located at 70 Garden Court, Suite 300, Monterey, CA 93940.
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 Heather Vowell, Board Clerk, at 831-641-7216 or [email protected]. Requests should be made as soon as possible but at least 72 hours prior to the scheduled meeting.
3. If you choose not to attend the CCCE Operations Board of Directors meeting but wish to make a comment on a specific agenda item, you may please submit your comment as set out below. The timing of public comment shall be at the discretion of the Chair. Options for public comment are as follows:
a. To have your comments distributed to the Board prior to the meeting submit your comment via email by 5:00 p.m. on the Tuesday before the meeting. All comments received after 5:00pm on the Tuesday before the meeting will be retained as part of the record and distributed to the Board after the meeting. Please submit your comment to the Clerk of the Board at [email protected]. To assist the Clerk in identifying the agenda item relating to your public comment please indicate in the Subject Line, the meeting body (i.e., Policy Board Agenda) and item number (i.e., Item No. 3) You may participate through ZOOM. For ZOOM participation please join by computer audio at:
https://us02web.zoom.us/s/82380649701
Or join by phone:
Dial for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 669 219 2599
Enter this Webinar ID Number: 823 8064 9701 when prompted. Please note there is no Participant Code, you will just hit # again after the recording prompts you.
You will be placed in the meeting as an attendee; when you are ready to make a public comment if joined by computer audio please Raise your Hand; and by phone please push *9 on your keypad.
If you have anything that you wish to be distributed to the Board please provide 15 copies and hand them to a member of CCCE staff or Heather Vowell, Board Clerk, who will distribute the information to the Board members and other staff.
The public may comment on a specific item listed on this agenda when the Board considers that item. In addition, the members of the public may request and receive copies without undue delay of any documents that are distributed to the Board, unless there is a specific exemption under the Public Records Act that prevents the disclosure of the record. (Cal. Gov’t Code Section 54957.5) In compliance with Government Code Section 54957.5, non-exempt writings that are distributed to a majority or all of the Board in advance of a meeting and that relate to an agenda item will be made available at CCCE’s offices located at 70 Garden Court, Suite 300, Monterey, CA 93940 during normal business hours and are also available on the CCCE website located at: https://3cenergy.hylandcloud.com/203agendaonline AGENDA
. Welcome & Roll Call
. Public Comment on Matters Not Listed on the Agenda
The public may provide comments on any item within the Board's jurisdiction but not on the Agenda. The Board may not take action at this meeting on any item not listed on the Agenda other than to refer the matter to staff or set it for a future meeting. Speakers are limited to 3 minutes each. The public may comment on Open Session items during this agenda item and Closed Session items prior to the Board's recess to Closed Session.
. Corrections and Additions
The Board Clerk will announce agenda corrections and proposed additions of emergency, urgency, or continued items, which will be acted on by the Board as provided in Sections 54954.2 of the California Government Code.
CONSENT AGENDA
1. Approve Minutes from the June 30, 2022 Meeting of the Operations Board (Action Item)
2. Consider Finding, Pursuant to AB 361 and in order for the Operations Board of Directors to Continue Meeting Remotely, that the COVID-19 Pandemic State of Emergency Declared by Governor Newsom is Still In Effect; The Operations Board of Directors has Reconsidered the Circumstances of the State of Emergency; and the Monterey County Health Officer Continues to Recommend Social Distancing Measures for Meetings of Legislative Bodies (Action Item)
3. Approve and Authorize the CEO to Execute Amendment No. 1 to Agreement with Cohen Ventures, Inc. DBA Energy Solutions Extending Term of the Agreement by One (1) year to September 30, 2023 and to Reflect Adjusted Fees and Incentive Levels with no Change to the Not to Exceed Amount (Action Item)
4. Approve and Authorize CEO to Execute an Agreement with TRC Engineers, Inc. for Consulting Services In Support of Member Agency Reach Code Adoption in an Amount Not to Exceed $121,935 and a Term Ending September 30, 2023 (Action Item)
5. Approve Authorize the CEO to Execute Amendment No. 1 to Agreement with Aiqueous, LLC to Add $33,750 for Additional Energy Program Services for a Total Not to Exceed Amount of $464,250.00 and No Additional Time (Action Item)
6. Treasurer's Report (Information Only)
REGULAR AGENDA
7. CEO's Report (Discussion Item)
a) Staffing Updates
b) Recruitment Updates
c) Impacts of PPA Deliverability and Market Volatility
d) Financial Security Requirement/ Provider of Last Resort e) Customer Arrearage Payment Plan Funding
f) Front Of The Meter Energy Storage
8. Approve and Authorize CEO to Execute Prepay Transaction Legal Services Agreement with Nixon Peabody in an Amount Not to Exceed $600k (Action Item)
9. Authorize the CEO to Execute Agreement with Capco Consulting Services LLC In a Form Substantially Similar to the Attached and Subject to Approval by CCCE General Counsel for a Term of 18 Months and a Not to Exceed Amount of $700, 000 (Action Item)
10. Support The Framework Of and Key Changes Proposed In The CCCE FY 2022-23 Operating Budget
CLOSED SESSION
11. Closed session under Government Code 54950 relating to the following items a. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding one item of existing litigation: Castro v. Monterey Bay Community Power (Monterey County Superior Court case no. 20CV001540)
b. Pursuant to Government Code section 54956.9(d)(4), the Board will confer with legal counsel regarding one item of potential initiation of litigation Adjournment