1. CALL TO ORDER (Ted Hoffman, Chair)
2. PLEDGE OF ALLEGIANCE
Western Community Energy
Joint Meeting of the WCE Board of Directors and
Technical Advisory Committee
REVISED AGENDA
Wednesday, September 14, 2022
1:15 PM
Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
Join Zoom Meeting
Meeting ID: 876 1787 7198
Passcode: 999063
Dial in: (669) 900-9128 U.S.
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 Janis Leonard 72 hours prior to the meeting at (951) 405-6703 or [email protected]. Later requests will be 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 July 13, 2022, Joint Meeting of the WCE Board of Directors and Technical Advisory Committee
Requested Action(s): 1. Approve the Summary Minutes from the July 13, 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.
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. NEXT MEETING
The next Joint Meeting of the Board of Directors and Technical Advisory Committee is scheduled for Wednesday, October 12, 2022, at 1:15 p.m., on the Zoom platform with the option for Board members to attend in-person.
11. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation pursuant to 54956.9(d)(1): 1 case. 2 1. Case numbers: 6:21-12821, 6:21-12821-SY (U.S. Bankruptcy Court, Central Division)
12. ADJOURNMENT
3 Item 5.A
Western Community Energy
Joint Meeting of the WCE 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: September 14, 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 1:36 p.m., on July 13, 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 - Rod Butler
City of Perris - Clara Miramontes
4. PUBLIC COMMENTS
There were no public comments.
5. CONSENT CALENDAR – (Wildomar / Perris) 5 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 June 8, 2022, Joint Meeting of the WCE Board of Directors and Technical Advisory Committee
Action:
1. Approved the Summary Minutes from the June 8, 2022, Joint Meeting of the WCE Board of Directors and Technical Advisory Committee.
6. REPORTS / DISCUSSION
A. Update on Re-entry Fees for Former WCE Customers
Chris Gray, WRCOG Deputy Executive Director, reported that in July 2021, Southern California Edison (SCE) proposed a re-entry fee of $14.7M. In January 2022, SCE was approved by the CPUC to recover $14.7 M from former WCE customers for power SCE purchased to serve electricity subsequent to the WCE bankruptcy in June 2021.
WCE asked SCE to credit a certain amount of funds as identified in the bankruptcy claim against the re-entry fees, in addition to funds WCE was able to secure through the state for delinquencies.
In June 2022, SCE filed an additional Advice Letter to the CPUC requesting reduction of the re-entry fee by over half, accounting for the settlement, CAPP, and additional recovered funds. Upon approval of the Advice Letter, the residual re-entry fee amount would be reduced by over half, to $6.3M.
The impact to each customer is approximately $25 - $30 in total. SCE has proposed the implementation of the re-entry fee begin in October 2022, which would be offset by the California Climate Credit (a credit of up to roughly $59 per customer) the state provides to customers. Therefore it is likely that customers will not see the re-entry fee in their bill.
Unfortunately, the CPUC has held up implementation of the re-entry fees for an additional 120 days.
Staff does not believe that this delay will change the dollar amount on the re-entry fees, only the timing.
SCE has indicated that customers can also request to have any re-entry fee be spread out over 12- months.
Board member Todd Rigby suggested that if the CPUC delays their final decision until after October 2022, suggested that re-entry fee implementation be delayed until at least after December 1, 2022.
Mr. Gray indicated that once the timing is finalized, staff can ask SCE to make a presentation on this matter.
Action:
1. Received and filed.
7. REPORT FROM THE DEPUTY EXECUTIVE DIRECTOR
Chris Gray, WRCOG Deputy Executive Director, reported that a presentation on the future disposition of WCE will be provided in the fall once the bankruptcy process concludes.
8. ITEMS FOR FUTURE AGENDAS
10 There were no items for future agendas.
9. GENERAL ANNOUNCEMENTS
There were no general announcements.
10. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - Existing Litigation pursuant to Government Code Section 54956.9(d)(1):
Case Numbers: 6:21-12821, 6:21-12821-SY (U.S. Bankruptcy Court, Central Division) There were no reportable actions.
11. NEXT MEETING
The next Joint Meeting of the WCE Board of Directors and Technical Advisory Committee is scheduled for Wednesday, August 10, 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
The Joint Meeting of the WCE Board of Directors and Technical Advisory Committee adjourned at 1:57 p.m.
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