MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
ORANGE COUNTY POWER AUTHORITY
Wednesday, September 13, 2023
1. CALL TO ORDER
Chair Jung called to order the Regular Meeting of the Orange County Power Authority Board of Directors at 10:10 a.m. on Wednesday, September 13, 2023.
2. PLEDGE OF ALLEGIANCE
Director Sonne led the Pledge of Allegiance.
3. ROLL CALL
Present: Director Casey McKeon City of Huntington Beach Director Susan Sonne City of Buena Park
Director Tammy Kim City of Irvine
Vice Chair Kathleen Treseder City of Irvine
Chair Fred Jung City of Fullerton
4. PUBLIC COMMENTS ON AGENDA ITEMS
Linda Kraemer
Ayn Craciun
5. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None
6. DIRECTOR ANNOUNCEMENTS & REPORTS ON CONFERENCES/EVENTS
ATTENDED
Vice Chair Treseder reported that she represented OCPA at an investigative hearing on climate resiliency hosted by the Board of Supervisors. She emphasized that OCPA wanted to be a community partner and help build the EV infrastructure.
Chair Jung welcomed Director Sonne and thanked Director Castañeda for his service to the OCPA Board of Directors and would like to show appreciation collectively for his time.
7. PRESENTATION
BRIGHT FUTURES GRANT AWARDEES
The entire Board congratulated, acknowledged and thanked the recipients of the Bright Futures Grant as follows: Climate Action Campaign, OC Goes Solar, Pretend City Children’s Museum of Orange County, and Cool OC.
8. CLOSED SESSION
Recess to Closed Session
At 10:23 a.m., Chair Jung called on General Counsel Norvell to recess the Board to closed session. General Counsel Norvell announced the Board was recessing to closed session. The following Board Members were present: Sonne, Kim, McKeon, Treseder, and Jung. Also present was Board Counsel Norvell.
1. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section § 54957(b)(1)
Title: Chief Executive Officer
2. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Nicholaus Norvell, General Counsel Unrepresented employee: Chief Executive Officer
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section § 54956.9(d)(4): One (1) potential case
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 15310 Barranca Pkwy., Suite 250, Irvine
Agency negotiator: Joe Mosca, Interim CEO
Negotiating parties: The Irvine Company
Under negotiation: Price and terms of payment
Reconvene
At 11:21 a.m., the meeting of the Orange County Power Authority reconvened with the following present: Directors Sonne, Kim, McKeon, Treseder, and Jung.
General Counsel Norvell reported out of Closed Session that the Board met in Closed Session discussed Items 8.1 through 8.4 as listed on the agenda and there was no reportable action taken.
9. COMMITTEE REPORTS
1. COMMUNITY ADVISORY COMMITTEE UPDATE
Chair Neal provided a report from their September 11, 2023, Committee Meeting.
2. MARKETING AND COMMUNICATIONS COMMITTEE UPDATE
Action Taken:
Received and filed.
3. LEGISLATIVE AND REGULATORY COMMITTEE UPDATE
Action Taken:
Received and filed.
4. CHIEF EXECUTIVE OFFICER RECRUITMENT AD HOC COMMITTEE UPDATE
General Counsel Norvell provided a brief history of the process and an update with the next steps of the CEO recruitment process.
10. CONSENT CALENDAR
ACTION
Director Sonne made the motion, seconded by Director Kim to:
Approve consent calendar items 10.1 – 10.5.
The motion carried unanimously by the following 5-0 vote:
Ayes: Chair Jung, Vice Chair Treseder, Director Kim
Director Sonne, Director McKeon,
Noes: None
Absent: None
1. MINUTES FOR THE REGULAR BOARD MEETING OF JULY 19, 2023 Action Taken:
Approved as submitted.
2. TREASURER’S REPORT – FISCAL YEAR ENDED JUNE 30, 2023 AND Q2 2023 CHECK REGISTER
Action Taken:
Received and filed.
3. RISK OVERSIGHT COMMITTEE UPDATE
Action Taken:
Received and filed.
4. PUBLIC RECORDS ACT REPORT
Action Taken:
Received and filed.
5. MARKETING, COMMUNICATIONS, STRATEGY, PUBLIC
ENGAGEMENT, DIGITAL AND GRAPHIC DESIGN CONTRACT
Action Taken:
Approved First Amendment to Professional Services Agreement with Reveille for Marketing, Communications, Strategy, Public Engagement, Digital, and Graphic Design Services extending the initial term to two (2) years and establishing an updated not-to-exceed amount of $2,999,686 and authorized the Interim Chief Executive Officer or delegated staff to finalize and execute the First Amendment.
11. REGULAR CALENDAR
1. OCPA’S ANNUAL POWER SOURCE DISCLOSURE ATTESTATION FOR 2022
Interim CEO Mosca introduced Pacific Energy Advisors Consultant Kirby Dusel.
Mr. Dusel provided a summary of the presentation on this item.
Director Sonne suggested that OCPA inform the public what it has done and the contributions it has made compared to other entities statewide. This OCPA information would create a powerful impact.
Vice Chair Treseder thanked Mr. Dusel for the presentation. She lauded all that OCPA had done to lower greenhouse gases and the four participating cities that have used 95.6% renewal energy this past year.
Director Sonne stated that the 100% renewable customers were making the biggest difference in lowering the CO2 emissions.
Director Kim thanked Mr. Dusel for the presentation, this information would help correct the fake news being spread in Irvine by people with their anti-climate agenda.
Vice Chair Treseder made the motion, seconded by Director Sonne to:
Endorse the accuracy of information presented in OCPA’s 2022 Power Source Disclosure reports for Basic Choice, Smart Choice and 100% Renewable Choice service as well as the related Power Content Label reflecting such products.
The motion carried unanimously by the following 5-0 vote:
Ayes: Chair Jung, Vice Chair Treseder, Director Kim
Director Sonne, Director McKeon
Noes: None
Absent: None
2. OFFICE SPACE DISCUSSION AND AUTHORIZATION
Interim CEO Mosca provided a brief summary of this item.
Chair Jung stated that he believed a permanent space should stay in Irvine. It was important in the attraction and retention of talent. Being in a south county city would help with the recruitment of talent from the lower southern cities. The current space lacked the technology and space needed to accommodate staff and the public meetings. Chair Jung stated that he had security concerns in the current and future locations.
Director Kim stated that the Ad Hoc Committee heavily discussed the security measures, and all the security concerns would be addressed in the new location.
Chair Jung made the motion, seconded by Director Kim to:
1) Authorize the CEO to negotiate and execute up to a twelve-month lease extension agreement with LBA Realty, Inc. for current office space, from November 1, 2023 through October 31, 2024, in a Not-to-Exceed (NTE) amount of $250,000.
2) Authorize the CEO to negotiate and execute up to a seven-year lease agreement with The Irvine Company for the 15310 Barranca Parkway, Irvine office space, in a NTE amount of $1,900,000.
The motion carried unanimously by the following 5-0 vote:
Ayes: Chair Jung, Vice Chair Treseder, Director Kim
Director Sonne, Director McKeon
Noes: None
Absent: None
3. APPOINTMENT OF BOARD DIRECTOR(S) TO LEGISLATIVE AND
REGULATORY COMMITTEE AND MARKETING AND
COMMUNICATIONS COMMITTEE
Vice Chair Treseder made the motion, seconded by Director Kim to:
Approve Chair Jung’s appointments of Chair Jung and Vice Chair Treseder to the Legislative and Regulatory Committee and Directors Kim and Sonne to the Marketing and Communications Committee
The motion carried unanimously by the following 5-0 vote:
Ayes: Chair Jung, Vice Chair Treseder, Director Kim
Director Sonne, Director McKeon
Noes: None
Absent: None
4. NET ENERGY METERING ENROLLMENT UPDATE
Interim CEO Mosca provided a brief summary of this item.
Action Taken:
Receive and file.
12. BOARD INITIATED ITEMS
1. PROPOSED AMENDMENTS TO THE OCPA JOINT POWERS AGREEMENT (Vice Chair Treseder)
Vice Chair Treseder would like to make additional adjustments to the JPA to clean up the agreement.
Chair Jung suggested that an Ad Hoc Committee be established to review the entire JPA and make all of the necessary changes to retain and attract other agencies.
Chair Jung made the motion, seconded by Director Kim to:
Appoint Vice Chair Treseder and Director Sonne to the JPA Ad Hoc Committee.
The motion carried unanimously by the following 5-0 vote:
Ayes: Chair Jung, Vice Chair Treseder, Director Kim
Director Sonne, Director McKeon
Noes: None
Absent: None
13. STAFF REPORT
Interim CEO Mosca reported that OCPA is 100% done with the improvement plan. The new website rolled out yesterday. The information that was requested by the State Auditor to complete their audit was provided to them. He provided an update on the current positions that are currently being recruited for and which positions have been hired. Interim CEO Mosca announced the various events scheduled for September. He also mentioned that the reserves were at nearly 50 million dollars. He further mentioned all the one-year anniversary events and its gratitude campaign. OCPA would be hosting a dinner at the LOCC in Sacramento on Thursday, September 21 and staff would be attending the Nexus climate summit in San Diego this Friday.
Chair Jung congratulated staff on their heavy lift. He also lauded CFO Law and her team for the excellent work they have been doing.
14. ADJOURNMENT
There being no further business to come before the Board, Chair Jung adjourned the September 13, 2023, Orange County Power Authority Board Regular meeting at 12:15 p.m.
Submitted by:
Pat Jacquez-Nares, Authority Secretary