1. CALL TO ORDER (Ted Hoffman, Chair)
2. PLEDGE OF ALLEGIANCE
Western Community Energy
Joint Meeting of the Board of Directors and Technical
Advisory Committee
AGENDA
Wednesday, June 8, 2022
1:15 PM
Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
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Meeting ID: 895 0820 0708
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SPECIAL NOTICE – COVID-19 RELATED PROCEDURES IN EFFECT
Due to the State and local recommendations for social distancing resulting from the threat of Novel Coronavirus (COVID-19), this meeting is being held via Zoom under Assembly Bill (AB) 361 (Government Code Section 54953). Pursuant to AB 361, WCE does not need to make a physical location available for members of the public to observe a public meeting and offer public comment.
AB 361 allows WCE to hold Board meetings via teleconferencing or other electronic means and allows for members of the public to observe and address the Board telephonically or electronically.
In addition to commenting at the Board meeting, members of the public may also submit written comments before or during the meeting, prior to the close of public comment to [email protected].
Any member of the public requiring a reasonable accommodation to participate in this meeting in light of this announcement shall contact Suzy Nelson 72 hours prior to the meeting at (951) 405-6703 or [email protected]. Later requests accommodated to the extent feasible.
The Board of Directors may take any action on any item listed on the agenda, regardless of the Requested Action.
1 3. ROLL CALL
4. PUBLIC COMMENT
At this time members of the public can address the Board of Directors regarding any items within the subject matter jurisdiction of the Board of Directors that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action may be taken on items not listed on the agenda unless authorized by law. Whenever possible, lengthy testimony should be presented to the Board of Directors in writing and only pertinent points presented orally.
5. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the Board of Directors, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the Board of Directors request specific items be removed from the Consent Calendar.
A. Assembly Bill 361 Findings
Requested Action(s): 1. Affirm the findings of the Western Community Energy Board of Directors in Resolution Number 2022-03,
adopted on April 13, 2022, which are:
a. The Governor proclaimed a State of Emergency
on March 4, 2020, related to the COVID-19
pandemic, which State of Emergency continues to
exist today; and
b. State or local officials have recommended
measures to promote social distancing.
B. Summary Minutes from the May 11, 2022, Joint Meeting of the WCE Board of Directors and Technical Advisory Committee
Requested Action(s): 1. Approve the Summary Minutes from the May 11, 2022, Joint Meeting of the WCE Board of Directors and
Technical Advisory Committee.
6. REPORTS / DISCUSSION
Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion.
A. Adoption of the Fiscal Year 2022/2023 Agency Budget
Requested Action(s): 1. Adopt Resolution No. 2022-05; A Resolution of the Board of Directors of Western Community Energy
adopting the Fiscal Year 2022/2023 Agency Budget.
7. REPORT FROM THE EXECUTIVE DIRECTOR
Dr. Kurt Wilson
8. ITEMS FOR FUTURE AGENDAS ~ Members
Members are invited to suggest additional items to be brought forward for discussion at future Board meetings.
9. GENERAL ANNOUNCEMENTS ~ Members
Members are invited to announce items / activities which may be of general interest to the Board.
10. CLOSED SESSION
2 Conference with Legal Counsel - Existing Litigation pursuant to 54956.9(d)(1):
Case numbers: 6:21-12821, 6:21-12821-SY (U.S. Bankruptcy Court, Central Division)
11. NEXT MEETING
The next Joint Meeting of the Board of Directors and Technical Advisory Committee is scheduled for Wednesday, July 13, 2022, at 1:15 p.m., on the Zoom platform with the option for Board members to attend in-person at the WRCOG office.
12. ADJOURNMENT
3 Item 5.A
Western Community Energy
Joint Meeting of the Board of Directors and
Technical Advisory Committee
Staff Report
Subject: Assembly Bill 361 Findings
Contact: Dr. Kurt Wilson, Executive Director, [email protected], (951) 405-6701 Date: June 8, 2022
Requested Action(s):
1. Affirm the findings of the Western Community Energy Board of Directors in Resolution Number 2022-03, adopted on April 13, 2022, which are:
a. The Governor proclaimed a State of Emergency on March 4, 2020, related to the COVID-19 pandemic, which State of Emergency continues to exist today; and b. State or local officials have recommended measures to promote social distancing.
Purpose:
The purpose of this item is to authorize virtual Committee meetings pursuant to Assembly Bill (AB) 361.
Background:
Since the onset of the COVID-19 in early 2020, California government agencies have been able to continue to discharge their legal responsibilities through the use of virtual teleconferencing platforms such as Zoom to hold public meetings that enabled agencies to meet and conduct business, comply with social distancing orders, and most importantly, provide access to the public. WCE has been meeting on Zoom since March of 2020, when many Executive Orders were issued by Governor Newsom in response to the pandemic. One such order altered Brown Act requirements to allow for virtual meetings.
Although transmission, hospitalization, and death rates from COVID-19 have sharply declined since the original onset of the pandemic and subsequent Delta and Omicron Variant surges, an air of uncertainty remains regarding the pandemic and many counties continue to recommend masking inside and social distancing. Given that environment and a desire to continue allowing for the flexibility of holding virtual meetings, the Legislature recently approved, and Governor Newsom signed, AB 361 to temporarily allow for virtual meetings under proscribed circumstances.
AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology in certain circumstances. Under the Bill, legislative bodies can continue to meet remotely as long as there is a "proclaimed state of emergency" and the Board of Directors can make either of the following findings: (a) state or local officials have imposed or recommended measures to promote social distancing, or (b) whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. Even though cases have dropped, AB 361 is 4 expressly intended "to protect the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location" because of physical status.
The Governor proclaimed a State of Emergency on March 4, 2020, related to the COVID-19 pandemic, which continues to exist to this day.
AB 361 requires specific procedural safeguards for the public. To accommodate individuals during these teleconferences and virtual meetings, a public comment period will be offered where the public can address the legislative body directly in real time. Additionally, public comments will be allowed up until the public comment period is closed at the meetings. The agenda will include information on the manner in which the public may access the meeting and provide comments remotely. If technical problems arise that result in the public’s access being disrupted, the legislative body will not take any vote or other official action until the technical disruption is corrected and public access is restored.
The attached Resolution allows the Board of Directors to implement AB 361 by making the findings discussed above. These findings will be in effect for 30 days or until the Board of Directors makes findings that the conditions listed therein no longer exist, whichever is shorter. The findings can be extended by the Board of Directors upon a finding that conditions supporting the findings included in the Resolution still exist. The authorization to meet remotely will also apply to any Committees that meet during the 30-day effective period.
AB 361 will allow for virtual meetings during other state-proclaimed emergencies, such as earthquakes or wildfires, where physical attendance may present a risk. AB 361 is scheduled to sunset January 1, 2024.
Prior Action(s):
May 11, 2022: The Board of Directors affirm the findings of the Western Community Energy Board of Directors in Resolution Number 2022-03, adopted on April 13, 2022, which are: a. The Governor proclaimed a State of Emergency on March 4, 2020, related to the COVID-19 pandemic, which State of Emergency continues to exist today; and b. State or local officials have recommended measures to promote social distancing.
April 13, 2022: The Board of Directors adopted Resolution Number 2022-03; A Resolution of the Board of Directors of Western Community Energy Authorizing Virtual Committee Meetings Pursuant to AB 361.
Fiscal Impact:
This item is for informational purposes only; therefore, there is no fiscal impact.
Attachment(s):
Attachment 1 - Resolution Number 2022-03 AB 361 findings 5 6
7 8
Item 5.B
WCE Board of Directors
Minutes
1. CALL TO ORDER
The Joint Meeting of the WCE Board of Directors and Technical Advisory Committee was called to order by Chair Ted Hoffman at 1:29 p.m., on May 11, 2022, on the Zoom platform.
2. PLEDGE OF ALLEGIANCE
Committee member Ben Benoit led members and guests in the Pledge of Allegiance.
3. ROLL CALL
Board of Directors:
City of Eastvale - Todd Rigby
City of Hemet - Russ Brown
City of Jurupa Valley - Chris Barajas
City of Norco - Ted Hoffman (Chair)
City of Perris - Rita Rogers
City of Wildomar - Ben Benoit
Technical Advisory Committee Members:
City of Eastvale - Marc Donohue
City of Jurupa Valley - Mike Flad
City of Perris - Ernie Reyna
4. PUBLIC COMMENTS
There were no public comments.
5. CONSENT CALENDAR – (Perris / Hemet) 6 yes; 0 no; 0 abstention. Items 5.A and 5.B were approved.
A. Assembly Bill 361 Findings
Action:
1. Affirmed the findings of the Western Community Energy Board of Directors in Resolution Number 2022-03, adopted on April 13, 2022, which are: a. The Governor proclaimed a State of Emergency on March 4, 2020, related to the COVID-19 pandemic, which State of Emergency continues to exist today; and b. State or local officials have recommended measures to promote social distancing.
9 B. Summary Minutes from the April 13, 2022, Joint Meeting of the WCE Board of Directors and Technical Advisory Committee
Action:
1. Approved the Summary Minutes from the April 13, 2022, Joint Meeting of the WCE Board of Directors and Technical Advisory Committee.
6. REPORTS / DISCUSSION
A. Approval of Second Receivable Assignment Agreement Between WCE and SCE Chris Gray, WRCOG Deputy Executive Director, reported that at its January 2022 meeting, this Board approved a Settlement Agreement with Southern California Edison (SCE) which included the transfer of all outstanding accounts to SCE in the amount of approximately $2.4M. Today's action will authorize and memorialize the second assignment of receivables in the amount of approximately $3M. After this transfer, WCE will no longer have any assets with the exception of funds being used for the bankruptcy.
Action:
1. Adopted Resolution No. 2022-04; A Resolution of the Board of Directors of Western Community Energy approving a second Receivable Assignment Agreement between Western Community Energy and Southern California Edison Company.
(Perris / Wildomar) 6 yes; 0 no; 0 abstention. Item 6.A was approved.
B. NEM Customers Notice Update
Tyler Masters, WRCOG Program Manager, reported that tomorrow, NEM contracts will be taken to a bankruptcy hearing to assume and assign the contracts to SCE. A notice of the hearing was provided to all NEM customers as well as a letter acknowledging each NEM customers balance and credit owed and an FAQ explaining when and how customers will receive the credit they are owed.
The WCE website was down for a short while but has since been restored. Page content has been refocused to provide FAQ responses, email, and call center information. The call center has received approximately 46 calls since the mailer went out.
Action:
1. Received and filed.
7. REPORT FROM THE EXECUTIVE DIRECTOR
Chris Gray, WRCOG Deputy Executive Director, reported that staff will be providing a comprehensive update at a forthcoming meeting for the meeting schedule for the remainder of the year.
8. ITEMS FOR FUTURE AGENDAS
There were no items for future agendas.
9. GENERAL ANNOUNCEMENTS
10 Mr. Gray announced that a Community Choice Aggregator (CCA) program in San Diego is ceasing operations. SCE is now requiring the posting of significant collateral from all Southern California CCAs.
10. NEXT MEETING
The next Joint Meeting of the WCE Board of Directors and Technical Advisory Committee is scheduled for Wednesday, June 8, 2022, at 1:15 p.m., on the Zoom platform with the option for Board members to attend in-person at the WRCOG office.
11. ADJOURNMENT
The Joint Meeting of the WCE Board of Directors and Technical Advisory Committee adjourned at 1:47 p.m.
11 Item 6.A
Western Riverside Council of Governments
WCE Board of Directors
Staff Report
Subject: Adoption of the Fiscal Year 2022/2023 Agency Budget Contact: Andrew Ruiz, WRCOG Chief Financial Officer, [email protected], (951) 405-6740 Date: June 8, 2022
Requested Action(s):
1. Adopt Resolution No. 2022-05; A Resolution of the Board of Directors of Western Community Energy adopting the Fiscal Year 2022/2023 Agency Budget.
Purpose:
The purpose of this item is to adopt the Agency Budget for Fiscal Year (FY) 2022/2023.
WRCOG 2022-2027 Strategic Plan Goal:
Goal #3 - Ensure fiscal solvency and stability of the Western Riverside Council of Governments.
Background:
As WCE continues to work through the bankruptcy process, it is anticipated that all of WCE's remaining assets will be distributed in Fiscal Year 2022/2023. The distribution of these assets will be primarily used to pay creditors, but $200,000 will be set aside to cover expenditures. Anticipated expenditures include bankruptcy legal counsel, WCE legal counsel, and staffing costs. Specific distribution information will be presented to the Board as the bankruptcy process progresses. While this budget references creditor distributions, additional action will be needed from the Board to approve distributions to creditors.
Prior Action(s):
None.
Fiscal Impact:
All of WCE's remaining assets are anticipated to be expensed in supporting the bankruptcy process and all remaining funds will be distributed to the creditors in Fiscal Year 2022/2023.
Attachment(s):
Attachment 1 - Resolution 2022-05 Adopt FY 2022/2023 Budget 12 RESOLUTION NO. 2022-05
A RESOLUTION OF THE BOARD OF DIRECTORS
OF WESTERN COMMUNITY ENERGY
ADOPTING THE FISCAL YEAR 2022/2023 AGENCY BUDGET
WHEREAS, The Western Community Energy’s (“WCE”) fiscal year is twelve (12) months commencing July 1 of each year and ending June 30 of the succeeding year; and WHEREAS, Section 4.4 of the WCE Joint Powers Agreement states that the Board of Directors of WCE (the “Board”) shall establish the budget for the WCE, and may from time to time amend the budget to incorporate additional income and disbursements that might become available to WCE for its purposes during a fiscal year; and WHEREAS, the Board has reviewed and wishes to approve the adoption of the WCE Fiscal Year 2022/2023 Agency Budget attached hereto as Exhibit “A.”
NOW, THEREFORE, THE WESTERN COMMUNITY ENERGY BOARD OF DIRECTORS DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. The Board has determined that the recitals herein are true and correct.
2. The Board approves and adopts the WCE Fiscal Year 2022/2023 Agency Budget attached hereto as Exhibit “A.”
PASSED AND ADOPTED by the Board of Directors on June 8, 2022. ___________________________ ___________________________ Theodore Hoffman, Chairperson Kurt Wilson, Executive Director Western Community Energy Western Community Energy
Approved as to form:
___________________________
Glen Price
Western Community Energy Legal Counsel
AYES: _______ NAYS: _______ ABSENT: _______ ABSTAIN: _______
13 EXHIBIT “A”
BUDGET
14