OCPA Board Regular Meeting of October 25, 2022 Page 1
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
ORANGE COUNTY POWER AUTHORITY
Tuesday, October 25, 2022
1. CALL TO ORDER
Chair Carroll called to order the Regular Meeting of the Orange County Power Authority Board of Directors at 10:07 a.m. on Tuesday, October 25, 2022.
The meeting was conducted using teleconference and electronic means in accordance with Government Code Section 54953(e). There was no location for in-person attendance. Due to the nature of the teleconference, all votes were cast via roll call. In an effort to protect public health, members of the public were able to provide live comments on agenda items using Zoom.
2. PLEDGE OF ALLEGIANCE
Director Sonne led the Pledge of Allegiance.
3. ROLL CALL
Present: Director Donald P. Wagner County of Orange
Director Susan Sonne City of Buena Park
Director Farrah N. Khan City of Irvine
Director Dan Kalmick City of Huntington Beach
Vice Chair Fred Jung City of Fullerton
Chair Mike Carroll City of Irvine
Absent: None
4. CLOSED SESSION
The following spoke on Closed Session items prior to the Board adjourning to Closed Session:
Doug Elliott and Branda Lin
Recess to Closed Session
At 10:17 a.m. and after learning there were no additional hands raised for public comment, Chair Carroll announced the Board was recessing to closed session. The following Board Members were present: Carroll, Sonne, Jung, Wagner, Kalmick, and Khan. Also present were CEO Probolsky, CFO Law, and Board Counsel Baron.
OCPA Board Regular Meeting of October 25, 2022 Page 2
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2): Significant exposure to litigation One (1) potential case
2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Pursuant to Government Code Section 54957(b)(1)
3. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)(1)
Title: Acting Chief Executive Officer
Reconvene
At 12:38 p.m., the Regular Meeting of the Orange County Power Authority reconvened with the following present: Directors Carroll, Sonne, Jung, Wagner, Kalmick, and Khan.
General Counsel Baron announced the Board’s actions as follows:
Item 4.1 Conference with Legal Counsel Anticipated Litigation, no reportable action.
Item 4.2 Public Employee Discipline/Dismissal/Release, the Board by unanimous vote requested to schedule a performance evaluation for the CEO on Monday, November 7, 2022, at 10:30 a.m. at a special meeting.
Item 4.3 Public Employee Appointment, the board voted unanimously to remove this item from the Closed Session Agenda.
5. PUBLIC COMMENTS ON AGENDA ITEMS
The following spoke in public comments regarding October 25, 2022, agenda items:
Doug Elliot
Ayn Craciun
Harvey Liss
6. PUBLIC COMMENTS ON NON-AGENDA ITEMS
The following commented on non-agenda matters, but within the jurisdiction of the Board:
Walter Nobrega
7. DIRECTOR ANNOUNCEMENTS
Director Khan thanked the OCPA staff for their participation and booth at the Irvine Global Village Festival.
8. STAFF REPORT – None.
OCPA Board Regular Meeting of October 25, 2022 Page 3
9. CONSENT CALENDAR
Director Khan pulled Consent Calendar Item 9.4: Net Energy Metering Program Design.
ACTION
Chair Carroll made a motion, seconded by Director Khan, and unanimously carried to approve consent calendar items 9.1 through 9.3 and 9.5 through 9.7.
1. FINDINGS NECESSARY FOR REMOTE PARTICIPATION IN PUBLIC
MEETINGS
Recommended Action: Declare that the findings made in Resolution No. 2022-02, “Resolution of the Orange County Board of Directors Making Findings Necessary for Remote Participation in Public Meetings” remain valid and applicable, so as to allow remote participation in public meetings for the next 30 days.
2. MINUTES FOR THE REGULAR BOARD MEETING OF SEPTEMBER 6, 2022 Recommended Action: Approve as submitted
3. TREASURER’S REPORT – FISCAL YEAR ENDED JULY 31, 2022 Recommended Action: Receive and file
4. NET ENERGY METERING PROGRAM DESIGN
ACTION
Director Khan made the motion, seconded by Chair Carroll, and unanimously carried to adopt Policy No. 013 Orange County Power Authority’s Net Energy Metering Program Policy.
5. SOCIAL MEDIA POLICY
Recommended Action: Adopt Policy No. 014 Orange County Power Authority’s Social Media Policy.
6. AUTHORIZE CHIEF EXECUTIVE OFFICER TO NEGOTIATE AND EXECUTE
ONGOING AGREEMENTS FOR CONTINUING OCCUPANCY OF OFFICE
SPACE WITH INDUSTRIOUS SUCH THAT NO INDIVIDUAL TERM EXCEEDS TWELVE MONTHS AND $208,000
Recommended Action: Authorize Chief Executive Officer to negotiate and execute ongoing agreements for continuing occupancy of office space with Industrious such that no individual term exceeds twelve months and $208,000.
OCPA Board Regular Meeting of October 25, 2022 Page 4
7. CUSTOMER MARKETING AND PUBLIC INFORMATION RECAP
Recommended Action: Receive and file
10. REGULAR CALENDAR
1. APPROVAL OF SECOND AMENDMENT TO OCPA JOINT POWERS
AGREEMENT
ACTION
Director Khan made a motion, seconded by Chair Carroll, and unanimously carried to approve Second Amendment to OCPA Joint Powers Agreement.
2. RESOLUTION APPROVING OCPA’s 2022 INTEGRATED RESOURCE PLAN ACTION
Director Kalmick made a motion, seconded by Director to:
Adopt Resolution No. 2022-05 approving OCPA’s 2022 Integrated Resource Plan and authorize the Chief Executive Officer to make any necessary changes to ensure compliance with California Public Utilities Commission’s requirements and guidance for submission by November 1, 2022.
The motion carried by the following vote:
Ayes: Chair Carroll, Director Kalmick, Director Khan, Director Sonne, Director Wagner Noes: None
Absent: Vice Chair Jung
3. REAFFIRM OCPA RATE DESIGN AND CONTINUE TO MAINTAIN RATE
PARITY WITH SCE FOR OCPA BASIC CHOICE CUSTOMERS
ACTION
Director Khan made a motion, seconded by Chair Carroll and carried unanimously to:
1. Reaffirm OCPA rate design adopted January 11, 2022, such that OCPA’s Basic Choice rates are set at parity to Southern California Edison rates, Smart Choice rates are set at
1.0 cent per kWh greater than Basic Choice rates, and 100% Renewable Choice rates are set at 1.5 cents per kWh greater than Basic Choice rates; and
2. To approve rate parity changes set forth in Attachments A and B, effective October 1, 2022.
11. ADJOURNMENT
At 1:29 p.m. Chair Carroll adjourned the October 25, 2022, Regular Meeting of the OCPA Board of Directors.
OCPA Board Regular Meeting of October 25, 2022 Page 5
Submitted by:
Brian S. Probolsky, Authority Secretary