MINUTES – BOARD OF DIRECTORS – SAN DIEGO COMMUNITY POWER 1 SAN DIEGO COMMUNITY POWER (SDCP)
BOARD OF DIRECTORS
City of San Diego Metropolitan Operations Complex (MOC II) Auditorium 9192 Topaz Way, San Diego, CA 92123
MINUTES
August 24, 2023
The Board minutes are prepared and ordered to correspond to the Board Agenda. Agenda Items can be taken out of order during the meeting.
The Agenda Items were considered in the order presented.
WELCOME
CALL TO ORDER
Chair LaCava (City of San Diego) called the SDCP Board of Directors meeting to order at 5:01 p.m.
ROLL CALL
PRESENT: Chair LaCava (City of San Diego), Director McCann (Chula Vista), Director Hinze (Encinitas), Director Parent (La Mesa), and Director Yamane (National City) ABSENT: Vice Chair Lawson-Remer (County of San Diego), Director Aguirre (Imperial Beach) Also Present: Chief Executive Officer (“CEO”) Burns, General Counsel Norvell, Executive Assistant to the Chief Executive Officer/ Board Clerk Isley
PLEDGE OF ALLEGIANCE
Chair LaCava (City of San Diego) led the Pledge of Allegiance followed by a Land Acknowledgment honoring the original inhabitants of this land—the Kumeyaay.
MINUTES – BOARD OF DIRECTORS – SAN DIEGO COMMUNITY POWER 2 SPECIAL PRESENTATIONS AND INTRODUCTIONS
Chair LaCava (San Diego) introduced the following new SDCP staff members:
Bria Betz, HR Coordinator
Julissa Mercedes, Financial Analyst
Alyson Smith, Digital Media Coordinator
Kevin Bateman, Financial Analyst
ITEMS TO BE ADDED, WITHDRAWN, OR REORDERED ON THE AGENDA There were no items added, withdrawn, or reordered on the agenda.
PUBLIC COMMENTS
There were no public comments.
CONSENT CALENDAR
(Items 1 through 4)
1. Approval of July 27, 2023, Meeting Minutes
Approved.
2. Approval of Member Agency Grant Program Policy
Approved.
3. Approval of First Amended and Restated Professional Services Agreement for a contingency fee of 19% with Financial Credit Network (FCN) for debt collection services for residential customers through April 30, 2024.
Approved.
4. Approval of First Amendment to the Professional Services Agreement Between San Diego Community Power and Tenaska Power Services Co for Scheduling Coordinator Services.
Approved.
Director Aguirre (Imperial Beach) arrived at the meeting at 5:07 p.m.
MINUTES – BOARD OF DIRECTORS – SAN DIEGO COMMUNITY POWER 3 Director Yamane (National City) initially pulled item 4 from the consent calendar, later approved after Byron Vosburg’s presentation on 2022 Power Source Disclosure Program Annual Reports and Power Content Label. The vote below accurately reflects the outcome.
ACTION: Motioned by Director Yamane (National City) and seconded by Director Parent (La Mesa) to approve Consent Calendar Items 1 through 4. The motion carried by the following vote:
Vote: 6-0
Yes: Chair LaCava (City of San Diego), Director McCann (Chula Vista), Director Hinze (Encinitas), Director Aguirre (Imperial Beach), Director Parent (La Mesa), and Director Yamane (National City)
No: None
Abstained: None
Absent: Vice Chair Lawson-Remer (County of San Diego)
REGULAR AGENDA
5. 2022 Power Source Disclosure Program Annual Reports and Power Content Label Byron Vosburg, Managing Director Power Services gave a PowerPoint presentation and gave a staff recommendation to adopt Resolution 2023-05 approving the submission and attesting to the accuracy of SDCP’s 2022 Power Source Disclosure annual reports for PowerOn and Power100 and the 2022 Power Content Label.
ACTION: Motioned by Director Hinze (Encinitas) and seconded by Director Aguirre (Imperial Beach) to adopt Resolution 2023-05. The motion carried by the following vote:
Vote: 6-0
Yes: Chair LaCava (City of San Diego), Director McCann (Chula Vista), Director Hinze (Encinitas), Director Aguirre (Imperial Beach), Director Parent (La Mesa), and Director Yamane (National City)
No: None
Abstained: None
Absent: Vice Chair Lawson-Remer (County of San Diego)
MINUTES – BOARD OF DIRECTORS – SAN DIEGO COMMUNITY POWER 4 6. Approval of Resource Adequacy Agreement with EnerSmart Chula Vista BESS, LLC Senior Contract Manager, Kenny Key provided a PowerPoint presentation on EnerSmart Chula Vista BESS and gave an overview on the workforce development and community benefits, including a staff analysis.
ACTION: Motioned by Director McCann (Chula Vista) and seconded by Director Yamane (National City) to approve the proposed Resource Adequacy Agreement with EnerSmart Chula Vista BESS, LLC for purchase of 10 years of 3 MW of Resource Adequacy and authorize the CEO to execute the agreement.
The motion carried by the following vote:
Vote: 6-0
Yes: Chair LaCava (City of San Diego), Director McCann (Chula Vista) , Director Hinze (Encinitas), Director Aguirre (Imperial Beach), Director Parent (La Mesa), and Director Yamane (National City)
No: None
Abstained: None
Absent: Vice Chair Lawson-Remer (County of San Diego)
DIRECTOR INITIATED ITEM
(Consideration of a Request by Chair LaCava)
7. Discussion on Outsourcing General Counsel versus Options for In-House General Counsel Chair LaCava (City of San Diego) provided a brief history of SDCP’s experience with hiring outsourced General Counsel. He spoke on the pros and cons of both in-house and outsourced general counsel and asked board members for their recommendation and feedback on whether the Board of Directors should continue outsourcing General Counsel or move to pursue in-house General Counsel.
Director Aguirre (Imperial Beach) spoke in support of hiring In-House General Counsel.
Director Hinze (Encinitas) spoke in support of hiring In-House General Counsel.
Director Yamane (National City) requested additional time and information for consideration. She also emphasized that there are no issues with the current outsourced general counsel from BBK, and commended their excellent performance. The Chair expressed gratitude for her acknowledgment.
Director Parent (La Mesa) spoke in support of hiring In-House General Counsel.
Public Comment:
There were no public comments.
MINUTES – BOARD OF DIRECTORS – SAN DIEGO COMMUNITY POWER 5 REPORTS BY CHIEF EXECUTIVE OFFICER AND GENERAL COUNSEL CEO Burns reported on SDCP’s ongoing efforts, open positions at SDCP, and shared about recent activities and events. There were no reports from general counsel.
DIRECTOR COMMENTS
There were no director comments.
ADJOURNMENT
Chair LaCava (City of San Diego) adjourned the meeting at 5:33 p.m.
Kimberly Isley, Clerk of the Board
Prepared by:
Sandra Vences, Deputy Clerk