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HomeMy WebLinkAboutAgenda Packet - May 26, 2009- UBAZUSA 116X1 4%'ATTR AGENDA SPECIAL MEETING OF AZUSA UTILITY BOARD/AZUSA CITY COUNCIL JSA LIGHT & WATER MAY 26, 2009 N. AZUSA AVENUE 6:00 P.M. JSA, CA 91702 AZUSA UTILITY BOARD URIEL E. MACIAS CHAIRPERSON IRT GONZALES JOSEPH R. ROCHA CHAIRPERSON BOARD MEMBER KEITH HANKS ANGEL CARRILLO BOARD MEMBER BOARD MEMBER 6:00 P.M. Convene to Special Meeting of the Azusa Utility Board and Azusa City Council • Call to Order • Pledge to the Flag • Roll Call A. PUBLIC PARTICIPATION (PersonlGroup shall be allowed to speak without interruption up to five (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) 001 B. CONSENT CALENDAR The Consent Calendar adopting the printed recommended action will be enacted with one vote. If Staff or Councilmembers wish to address any item on the Consent Calendar individually, it will be considered under SPECL4L CALL ITEMS. Minutes. Recommendation: Approve minutes of regular meeting on April 27, 2009 as written. Apr 09 Minutes. pdf 2. Approval of Renewal for Low Income Home Energy Assistance Program (LIHEAP). Recommendation: Approve the following resolution: 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, EXTENDING THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM FOR THE AZUSA RESIDENTS. UHEAP.pdf LIHEAP Agmt. pdf District. Recommendation: Approve the MOU with San Gabriel Valley Municipal Water District to jointly manage the water and electric generation operations this summer and authorize the Mayor to execute MOU. 4. Approval of Termination of Certain Transmission Service Contract with Edison. Recommendation: Approve staff's recommendation to terminate certain transmission service contract with Southern California Edison Company and authorize the Director of Utilities to provide notification to Edison of the contract termination. Edson Contract Teratnation. pdf 5. Approval of Legislative Positions. Recommendation: Adopt legislative positions included in this report and authorize the Mayor to sign letters addressed to legislators as may be required during the remainder of legislative session to advocate the adopted positions. Legislative. pdf SGVMWD SGVMWDMOU.pdf MDU -Rpt. pdf 4. Approval of Termination of Certain Transmission Service Contract with Edison. Recommendation: Approve staff's recommendation to terminate certain transmission service contract with Southern California Edison Company and authorize the Director of Utilities to provide notification to Edison of the contract termination. Edson Contract Teratnation. pdf 5. Approval of Legislative Positions. Recommendation: Adopt legislative positions included in this report and authorize the Mayor to sign letters addressed to legislators as may be required during the remainder of legislative session to advocate the adopted positions. Legislative. pdf Request to Award Certificate of Appreciation to Northrop -Grumman. Recommendation: Authorize staff to prepare a Certificate of Appreciation to Northrop -Grumman for hosting the 2009 household hazardous waste collection event in the City of Azusa. E Northrop.pdf Request to Award Certificates of Appreciation to Azusa Certified Collection Centers. Recommendation: Authorize staff to prepare a Certificate of Appreciation to each of the certified used oil collection centers in the City of Azusa for their help in. keeping Azusa beautiful by allowing residents to properly dispose used motor oil. UsedOlCntrs. pdf SCHEDULED ITEM Consideration of a "Support — If Amended" position on Assembly Bill 87. Recommendation: Adopt a "Support — If Amended" position on AB 87 (Assembly Member Mike Davis -Los Angeles) and authorize the Mayor to sign letter to advocate the adopted position. !w I «.. Drought Landscape AB 87 -Bag Fee. pdf AB -87 -Rev -Sup -If -A ab_87_bll_20090427 mended Ur.pdf .pdf STAFF REPORTS/COMMUNICATIONS Monthly Update on Water Treatment Plant .. WTP Moly Rpt.pdf Drought Tolerant Landscape Showcase Projects California Municipal Rates Group (CMRG) Electric Retail Comparison «.. Drought Landscape Plant Pics.pdf Rpt. pdf California Municipal Rates Group (CMRG) Electric Retail Comparison 003 CMRG Rate RateConpPres.pdf Conparlson.pdf 003 E. DIRECTOR'S COMMENTS Authorize recognition of Vince Moronez of Gladstone High School at June 1, 2009 City Council meeting. F. ADJOURNMENT Adjournment. "In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk, at 626-812-5229. Notification three (3) working days prior to the meeting or time when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. " "In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations. Azusa City Clerk's Office - 213 E. Foothill Boulevard, Azusa City Library - 729 N. Dalton Avenue, and Azusa Light & Water -729 N. Azusa Avenue, Azusa CA. " M LA AZUSA CITY OF AZUSA MINUTES OF THE REGULAR MEETING OF THE AZUSA UTILITY BOARD/CITY COUNCIL MONDAY, APRIL 27, 2009 — 6:30 P.M. The Utility Board/City Council of the City of Azusa met in regular session, at the above date and time, at the Azusa Light and Water Conference Room, located at 729 N. Azusa Avenue, Azusa, California. Chairman Carrillo called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: BOARD MEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA ABSENT: BOARD MEMBERS: HANKS (entered meeting at 6:45 p.m.) ALSO PRESENT: Also Present City Attorney Fen -e, City Manager Delach, Assistant City Manager Makshanoff, Director of Utilities Hsu, Director of Resource Management Tang, Police Captain Momot, Assistant Director of Water Operations Anderson, Senior Electrical Engineer Langit, City Clerk Mendoza, Deputy City Clerk Toscano. Public Participation Pub Part Mr. Jorge Rosales addressed the Board Members expressing his concern regarding the selection procedures of J. Rosales item B-5, approval of Professional Services Contract with D. Wren & Associates for inspection services on Comments water main replacement, WV -262, stating that the project was awarded based solely on price and last month two similar projects were based on qualification. He stated that he has been unable to find background information on D. Wren & Associates and asked how they were located and how large the firm is. He commented on the RFP from a project presented last month. City Manager Delach advised that he will soon be responding to questions Mr. Rosales had about projects 265 City Mgr & 266, presented and approved last month. I Comments The CONSENT CALENDAR consisting of Items B-1 through B-9, was approved by motion of Board Consent Cal Member Carrillo, seconded by Board Member Gonzales and carried, with the exception of items B-5, B-6, B- Bl—B9 7, and B-9, which were considered under the Special Call portion of the Agenda. Board Member Hanks was B-5, 6, 7, & 9 absent from participating in this motion. Spec Call The minutes of the regular meeting of March 23, 2009, were approved as written. Min appvd 005 2. Approval and authorization was given to the Mayor to sign the letter supporting the Upper San Gabriel Ltr of Support Valley Municipal Water District's reclaimed water project which will provide a reliable secondary source Reclaimed of recharge water for the Main San Gabriel Groundwater Basin. Water Project 3. The bid by Ironman Emissions Group to retrofit three Water Division diesel trucks with Particulate Ironman Emsns Matter (PM) Traps in amount of $41,295.56, was approved. Retrofit Wtr tr 4. The contract for Project WV -262, Water Main Replacement in Rowland Avenue, West Covina was A.R. Sarmiento awarded to A.R. Sarmiento, Incorporated in amount of $928,567.48, and the following resolution for a WV -262 budget amendment of $450,000 to FY 2008-2009 Capital Improvement Budget account. Wtr Main A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING Res. 09-C34 THE FISCAL YEAR 2008-2009 CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE Approve WATER UTILITY TO AUTHORIZE APPROPRIATIONS NECESSARY TO FUND THE Budget Amend CONSTRUCTION OF PROJECT WV -262 WATERLINE REPLACEMENT IN ROWLAND AVENUE IN THE CITY OF WEST COVINA. 6. SPECIAL CALL ITEM. 7. SPECIAL CALL ITEM. Spec Call Spec Call Spec Call 8. Project LD2008-3, Refurbishing the Existing Chain Link Fence at Azusa Substation, was accepted as NOC Chain complete and the City Clerk's Office was directed to have Notice of Completion executed and recorded Link Fence in the Office of the Los Angeles County Recorder. Substation 9. SPECIAL CALL ITEM. SPECIAL CALL ITEMS Spec Call Special Call Assistant Director of Water Operations Anderson responded to question posed regarding Wren & Associates to Anderson perform inspection services for Project WV -262, Water Main Replacement, stating that the bids were based on Response total price, not on per hour, the firm has two principals and the person doing the inspection is a licensed contractor who lives in Azusa. Moved by Board Member Carrillo, seconded by Board Member Hanks and unanimously carried to award the Wren & Assoc. professional services agreement for inspection of Project WV -262, Water Main Replacement in Rowland Wtr Inspect sys Avenue, West Covina, to Wren and Associates Incorporated in amount of $25,560.00. Director of Utilities Hsu and Assistant Director of Water Operation Anderson responded to questions from Hsu/Anderson Board Member Rocha regarding the additional compensation for Black & Veatch regarding excusable delays — Response the addition of time and non -excusable and liquidated damages, and the term satisfactory work versus acceptable. Moved by Board Member Carrillo, seconded by Board Member Hanks and unanimously carried to approve the Black and addition of $102,000 to the Black & Veatch contract to provide Construction Management Engineering Veatch Services for Project WVF-207, Canyon Membrane Water Treatment Plant Upgrade and Expansion. Board Member Hanks entered the meeting at 6:45 p.m. Hanks ent mtg Board Members Rocha, Hanks and Macias expressed their opposition to AB 87 as it stands, they requested a Opposition to list of stores being affected by the Bill; definition of what constitutes a large store; opposed fees or fines AB 87 and associated with the Bill; and stated that the Bill is flawed. Board Member Hanks commented that he is input from opposed to any fee, either ban the bags or leave it as is. Members -2- pU6 Discussion was held regarding the issue and it was consensus of the Board Members that staff be directed to Dis-Direct to bring the item back for re -consideration with revisions noted by the Board Members in order accomplish the Staff for rvsn goals of the Bill. Board Member Rocha addressed item regarding the extension of a transmission line on Sierra Madre noting Rocha that in the staff report the reference to San Gabriel Canyon Road needs to be changed to Ranch Road. Comments City Attorney Ferre also commented on the item clarifying that the reimbursement to Covina Irrigating City Attorney Company is prudent due to additional costs that would be associated with bidding and administering a Comments separate contract, and additional repaving and delaying in the opening of Sierra Madres Avenue; further it is allowed under California Law. Moved by Board Member Carrillo, seconded by Board Member Hanks and unanimously carried to approve the Extend Trans reimbursement to CICO for the installation of approximately forty feet of pipeline and appurtenance equipment Line to extend the Water Treatment Plant (WTP) transmission line to connect to an existing Azusa transmission line CIC in Sierra Madre Avenue, creating the connection of the WTP to the Azusa water distribution system. STAFF REPORTS/COMMUNICATIONS Staff Rpts Director of Utilities Hsu presented the Monthly Update on Water Treatment Plant stating that it is 99% Monthly WTP completed and they are still awaiting the Health Department approval of the permit. Discussion was held and Update it was stated that they may schedule the dedication on June 8" at 6 p.m. It was also noted at this time that the next Utility Board Meeting on Tuesday, May 26, 2009, would begin at 6 p.m. Director of Resource Management Tang Lodi #2 Project Update stating that the planning and permitting Update on Lodi activities for the project are on schedule and within budget at this time and that there is a substantial increase Project in the cost estimate due to plans for a larger project that will be more efficient and additional financing cost given to current conditions of financial markets, he detailed and responded to questions posed. Director of Utilities Hsu provided an update on a California New Electricity Market Update, Market Redesign Ca New Elect and Technology Upgrade (MRTU), which began on April 1, 2009. He stated that they are pleased with the Mkt Update reports on MRTU and all is running smoothly without major problems. Director of Utilities Hsu addressed the item Potential Grant Application for Stimulus Money through SCPPA, Potential uses stating that there are two areas that he identifies for utilization, one is for energy efficiency software grant for Stimulus application writing, and Smart Grid, which is an information technology which would be the most efficient Money SCPPA way to use energy i.e. dispatching, distribution levels, etc. Director of Utilities Hsu announced that May is Water Awareness Month and that a banner will be hung across May Water Foothill Boulevard reminding all to be aware which is provided and paid for by the San Gabriel Valley Awareness Mo. Municipal Water District. Director of Utilities Hsu provided information regarding the increase and demand for water in othercities such as Burbank, Monrovia, Duarte, San Marina, and Baldwin Park and the increases in Metropolitan Water District; he responded to questions and detailed issues such as conservation; changes in MWD's charges; other countries problems regarding water, etc. DIRECTOR'S COMMENTS Dir Cmts City Manager Delach provided information regarding the City Library and the disposing of old books; stating Update on that the Tribune is reporting on the issue with incorrect information; he detailed the weeding process as well as Librarybook how they were donated to the Friends and their participation. Chairman Macias asked that there be a policy on disposition the process. -3- pt77 City Manager Delach presented item regarding discussion on Future Meeting Dates for Budget, Study Future Sessions/Joint Meetings, and City Hall On -the- Move Events The dates were as follows: May 11 the City Hall Meetings on the Move; May 26" Utility Board and Council meeting Budget Review; June 3`" Budget Review , if discussion needed; June 8t° Budget Review, if needed; June 29" tentative Joint City Council and Planning Commission on Housing Element, and July 301h Concerts in the Park and City Hall on the Move. Moved by Board Member Carrillo seconded by Board Member Gonzales and unanimously carried to adjourn. Adjourn TIME OF ADJOURNMENT: 7:38 P.M. SECRETARY NEXT RESOLUTION NO. 09-C35. -4- DM: B.a. AZ rnr � x�urUSA o CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES ^,' DATE: MAY 26, 2009 ` SUBJECT: REQUEST TO EXECUTE THREE-YEAR AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE LOW INCOME HOME ENERGY ASSISTANCE (HEAP) PROGRAM RECOMMENDATION It is recommended that the Utility Board/City Council authorize Azusa Light & Water to enter into a three-year agreement with the State of California for the residential Low Income Home Energy Assistance Program (LIHEAP) to assist qualifying electric customers with their electric bills. BACKGROUND For a very long time Azusa Light & Water, through the State's Department of Community Services and Development, has offered the LIHEAP program to qualifying low-income residential customers. This program is federally funded and administered by the State. The program is carried out by Azusa Light & Water customer service staff by providing a toll free telephone number to electric customers. Customers then contact State representatives who determine a customer's eligibility. If eligible, the State makes agreement with the customer to pay a sum of money towards the customer's utility bills. The amount of payment varies depending on the program's budget, formula used for each county, and level of individual customer's need. In fiscal year 2006-07, 304 customers received this assistance for a total of $73,370.00. The annual payment for these eligible customers averaged $241.35 per customer. Similarly in 2007-08, 223 customers received assistance for a total of $52,461.00, for an average of $235.25 per customer. This fiscal year-to-date through March 2009, 189 customers have received assistance for a total of $41,270.00, an average of $218.36 per customer. Once a customer is deemed qualified, the State sends payment to the utility for direct application to the customer's account. This program has been a significant help to many of Azusa's low-income senior residents and other low-income residents. 11' An approved agreement is required for Azusa Light & Water to accept LIHEAP funds for our customers. The attached agreement has been reviewed and approved by Azusa's legal representative, Best Best & Krieger. FISCAL IMPACT The specific amount of HEAP funds coming to City customers is undetermined since the amount of payment varies depending on the program's budget, formula used for each county, and level of individual customer's need and the number of Azusa Light & Water customers who apply in any given year. By having this program in place, there should be a positive fiscal impact as we may encounter fewer delinquent accounts and more timely utility payments. Prepared by: Karen Vanca, Assistant Director Customer Care & golutions 010 qi& Pq RESOLUTION NO. 09-C37 A RESOLUTION OF THE AZUSA CITY COUNCIL OF THE CITY OF AZUSA, EXTENDING THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM FOR AZUSA RESIDENTS. WHEREAS, the Low Income Energy Assistance Program is funded by the federal government and administered by the State of California to assist low income electric customers; WHEREAS, the City Council supports programs to assist low income residents in the City of Azusa; and WHEREAS, Azusa Light & Water desires to offer this program to Azusa residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: 1. That the Low Income Home Energy Assistance Program agreement is hereby adopted for July 1, 2009 through June 30, 2012; and 2. That the Mayor is hereby authorized to execute the Low Income Home Energy Assistance Program agreement on behalf of the City of Azusa. PASSED, APPROVED AND ADOPTED this 26th day of May, 2009. //triA WA/4 Joseph R. Rocha, Mayor ATTER Vera Mendoza, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. 09-C37 was duly introduced and adopted at a regular meeting of the Utility Board/City Council of the City of Azusa on the 26th day of May 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE1 ' : 47E / Vera Men•oza, City Clerk Azusa Light and Water Direct Payment Agreement Agreement No. 09-1352 STATE OF CALIFORNIA AGREEMENT This Agreement consists of this signature page, Exhibits A through F, and Attachments I through IV, which are attached hereto and incorporated herein by this reference. It is entered into between the State of California, Department of Community Services and Development, and the Utility Company, Azusa Light and Water: Utility Company: The term of this Agreement is: The maximum amount of this Agreement is: Agreed to and approved: CONTRACTOR M Authorized Signature Azusa Light and Water July 1, 2009 through.June 30, 2012 $-0- Azusa Light and Water Date Signed Ts k R. Rocha a r Printed name and Title of Person Si in C t' -+y a f t usa. Address: ,213 9. Fo0+h1 l 1 f�2U54 , CA 9170, Telephone: I ,R 6— 9' 1,9 ' s oZ a 9 Facsimile:—4 A 6— 334- 43S8 STATE OF CALIFORNIA Department of Community Services and Development M Authorized Signature Date Signed Margie Chan, Deputy Director for Administrative Services Division Printed Name and Title of Person Signing Address: 700 North Tenth Street, Room D-215 Sacramento, California 95811-0336 Telephone: (916) 341-4200 Facsimile: (916) 341-4213 \\Cobm\shared\Contracts\Direct Payntent\2009 Direct Payntent\Boilerplate\2009 Faceshmts and Attachment A\09-1352 Facesheet.doc 013 Exhibit A (Standard Agreement) SCOPE OF WORK Azusa Light and Water Direct Payment Agreement Agreement No. 09-1352 The purpose of this Agreement between the Department of Community Services and Development, hereinafter referred to as CSD or the Department, and the Azusa Light and Water, hereinafter referred to as Contractor, is for the purpose of making direct credit to the accounts of low-income energy customers of the Contractor that are identified by CSD as payment recipients under CSD's Low -Income Home Energy Assistance Program (LIHEAP), which includes the Home Energy Assistance Program (HEAP) and Energy Crisis Intervention Program — Fast Track (ECIP-FT). 2. LOCATION WHERE SERVICES ARE TO BE PROVIDED Unless specified in writing, in advance, by CSD, the location of all services to be provided by CSD under this Agreement will be at: Department of Community Services and Development Program Services and Support Unit 700 North Tenth Street, Room D215 Sacramento, California 95811-0336 ADDRESSES All notices to the parties shall, unless otherwise requested in writing, be sent to Contractor's address as follows: Name and Title: Vjen V&nco- Assislo-nt Ibirec"fy1- Lf us )-omet- C Solut+�►+S Companyname: A.2usa_ Li,kt 'F Vja+el- Address:'j,A 9 N, A Z I.0 [t. AVP-. City, State and Zip Code: A ztti5 0.y CA 91-7c),2 or by facsimile to 6( of 6 ) 91A - 09163 and to CSD's address as follows: Sukie Montes, Manager Department of Community Services and Development P.O. Box 1947 Sacramento, CA 95812-1947 or by facsimile to (916) 341-4285 \\Cobra\shared\Contmcts\Direct Paynx t\2009 Direct Paytnent\2009 Facesheets and Scope of Work\09-1352 Scope of Work.doc Al 014 (2009 Direct Payment) Exhibit B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS PAYMENT Contractor will not receive any direct financial consideration under this Agreement. 2. CSD'S PROJECT COORDINATOR The Manager of the Energy and Environmental Services is designated as the Department's Project Coordinator. The Department may, at any time, designate a substitute Project Coordinator. 3. CONTRACTOR'S PROJECT COORDINATOR kQten Van G6t, Iis designated as the Contractor's Project Coordinator. The Contractor may, at any time, designate a substitute Project Coordinator. Notification to CSD of any change in the Project Coordinator will be made in writing and will not require an amendment to this Agreement. 4. BUDGET CONTINGENCY CLAUSE A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, CSD shall have no liability to pay any funds whatsoever to Contractor or to famish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the State of California Budget Act for purposes of this program, CSD shall have the option to either cancel this Agreement with no liability occurring to CSD, or offer an agreement amendment to Contractor to reflect the reduced amount. C. Notwithstanding the language in Sections 4.A. or 4.B. above, if CSD believes that funds will be insufficient to allow the State to make LIHEAP payments to Contractor i.e., for the reasons described in Section 4.A. or 4.B. above, then CSD shall promptly notify Contractor's Project Coordinator. CSD and the Contractor's Project Coordinator shall attempt to amend this Agreement so the LIHEAP payments can continue to the extent possible given the nature of the shortage or unavailability of funding for LIHEAP. The parties agree that it is undesirable to terminate this Agreement for any short-term unavailability of LIHEAP funds and that it would be preferable, if Federal funds are not available for LIHEAP, to suspend LIHEAP until CSD is able to obtain sufficient funding to resume credits to qualified low-income energy customers, as provided for under LIHEAP. B1 015 (2009 Direct Payment) Exhibit B (Standard Agreement) PROVISIONS FOR FEDERALLY FUNDED CONTRACTS A. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. B. This contract is valid and enforceable only if sufficient funds are made available to CSD by the United States Government for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner. C. The parties mutually agree that if Congress does not appropriate sufficient funds for LIHEAP, this Agreement shall be amended to reflect any reduction in funds. D. CSD has the option to void the Agreement under the 30 -day cancellation clause or . to amend the Agreement to reflect any reduction for funds. E. CSD will notify Contractor's Project Coordinator if federal funds are insufficient for LIHEAP to continue as expected during.the next fiscal year or if restrictions, limitations or conditions have been imposed by Congress on the LIHEAP or funding for it as soon as the Federal grant award letter has been issued with some constraint. CSD further agrees that Contractor's willingness to suspend the LIHEAP, as described herein and in Section 5.C. above, does not constitute an agreement by Contractor that: (i) funding for LIHEAP is unimportant or (ii) a delay in crediting a customer with LIHEAP funds is acceptable, to either Contractor or its customers. \\Cobra\shamd\Contracu\Direct Payment\2009 Direct Payment\Boilerplate\04 Exhibit B, Budget Detail and Payment Provisions.doc B2 016 (2009 Direct Payment) EXHIBIT C (Standard Agreement) GENERAL TERMS AND CONDITIONS PLEASE NOTE: This,page will riot be included with the final agreement. The General Terms and Conditions will be included in the agreement by reference to Internet site: www.csd.ca.gov. \\Cobra\shared\Contracts\Direct Payment\2009 Direct Payment\Boilerplate\05 Exhibit C, General Terms and Conditions.doc CI 017 (2009 Direct Payment) EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS CANCELLATION Either party may terminate this Agreement by giving thirty (30) days prior written notice to the other party. 2. SUBCONTRACTS 70 No subcontracts shall be permitted under this Agreement; therefore, references to subcontractors or subcontracts as part of standard provisions that have been included herein shall have no applicability. Contractor's signature affixed hereon shall constitute a certification that to the best of its ability and knowledge it will, unless exempted, comply with the provisions set forth in the following: Information Integrity and Security (Department of Finance, Budget Letter 04-35). 4. LABOR CODE/WORKERS' COMPENSATION Both parties agree that they are aware of the provisions that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions, and CSD affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) RESOLUTION A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body that by law has authority to enter into an agreement, authorizing execution of the agreement. 6. COMPLIANCE WITH LAWS AND TAX WITHHOLDING A. CSD shall comply with all applicable Federal, State, and local laws, rules, and regulations and shall obtain all permits required to conduct its business and perform the work called for in this Agreement, if applicable. B. CSD represents and warrants that it will withhold all taxes, if any, which are required to be withheld under applicable laws with respect to CSD personnel who perform services for the Contractor. CSD shall indemnify and hold the Contractor harmless, on an after-tax basis, for any liability incurred by the Contractor as a result of CSD's failure to institute any such required withholding. \\Cobta\sharcd\Contmcts\Di=n Payt t\2009 Direct Paym OBoilcrplate\06 Exhibit D, Special Terris and Conditions.dm Dl 018 (2009 Direct Payment) EXHIBIT E (Standard Agreement) ADDITIONAL PROVISIONS 1. INDEPENDENT CONTRACTOR CSD, and the agents and employees of CSD, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of Contractor. 2. DELEGATION OF CSD'S DUTIES This Agreement is not assignable by CSD, either in whole or in part, without the consent of Contractor in the form of a formal written amendment. CSD shall not employ other consultants or contractors to provide key data entry, document perfection, and/or any other services under this Agreement without the prior written approval of Contractor, nor shall the duties of CSD, under this Agreement, be delegated without prior written approval of Contractor. Unless otherwise expressly agreed upon by Contractor, CSD shall remain responsible for the quality and timeliness of performance notwithstanding any delegation. 3. CONFLICT OF INTEREST/BUSINESS ETHICS CSD shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with Contractor's interest. During the term of this Agreement, CSD shall not accept any employment or engage in any consulting work that creates a conflict of interest with Contractor or in any way compromises the services to be performed under this Agreement. All financial statements, reports, billings, and other documents rendered shall properly reflect the facts about all activities and transactions handled for the account of Contractor. 4. WARRANTY CSD warrants to Contractor that the work under this Agreement shall be performed with the degree of skill and care that is required by current, good, and sound professional procedures and practices and in conformance with generally accepted professional standards prevailing at the time the work is performed, so as to ensure that the services performed are correct and appropriate for the purposes contemplated in this Agreement and related specifications. CONFIDENTIALITY A. In the course of performing the services under this Agreement, CSD may have access to confidential, commercial, or personal information concerning, but not limited to, technology, rate making, legislative, and personnel matters and practices of the Contractor, its subsidiaries, affiliates, or members of the public. CSD agrees not to disclose any such information without the prior written approval of Contractor. B. Contractor hereby agrees to provide required security to insure the confidential, physical security and safekeeping of all data, information, files, and documents while E1 019 (2009 Direct Payment) EXHIBIT E (Standard Agreement) in its possession. Through the observance of the same or more effective procedural requirements as used by CSD, Contractor will protect from unauthorized use and disclosure all sensitive data, documentation, or other information that are designated confidential by CSD and made available to Contractor in order to carry out this Agreement. CSD shall provide to Contractor in writing the identification of all such confidential data and information, as well as CSD procedural requirements for protection of such data and information from unauthorized use and disclosure. C. Any representation herein made by CSD relating to confidentiality or the operations, limitations, and requirements for the furnishing of personnel records, as set forth in EXHIBIT E, ADDITIONAL PROVISIONS, Section 6., CSD's Use of Contractor's Proe , below shall be subject to the Information Practices Act of 1977, Section 1798 et seq. of the California Civil Code, and the California Public Records Act, Section 6250 et seq. of the California Government Code. 6. CSD'S USE OF CONTRACTOR'S PROPERTY All records, reports, computer programs, written procedures, and similar materials, documents, or data, in whatever form provided by Contractor for CSD's use in performance of services under this Agreement shall remain the confidential property of Contractor. and shall be returned to Contractor immediately upon completion of CSD's use or upon written request of Contractor. 7. AVAILABILITY OF INFORMATION AND PUBLIC TESTIMONY A. Contractor's duly authorized representatives shall have, for the term of this Agreement and for two (2) years thereafter, access at all reasonable times, upon five (5) days written notice and during regular working hours, to the CSD personnel, accounts, and records, including but not limited to applications processed and computer files for personnel who perform services for Contractor under this Agreement in order to verify or review the quantity, quality, work program and progress of the work, reimbursable costs, amounts claimed by CSD, estimates of cost for fixed rates, including those applicable to proposed changes, annual audit to verify recertification processes, and for any other reasonable purposes. The personnel records, accessible under this paragraph, shall be limited to timekeeping, expense, and other such public records. B. This provision shall apply to all Agreements except those performed solely on a. lump -sum basis. However, where lump sum and time and materials work, i.e., unit price, reimbursable cost, fixed rates, are performed together, either as a part of this Agreement or as separate contract(s), then the above audit privilege shall also extend to Contractor for access to all CSD's records pertaining to all contracts including the lump sum for assurance that the portions of the work performed on a time -and - materials basis are not being charged with time, material, or other units or cost that E2 020 (2009 Direct Payment) EXHIBIT E (Standard Agreement) are intended to be covered by lump sum or fixed rates, etc., provided herein, supplement hereto or in such other agreements. C. CSD accounts shall be kept in accordance with generally accepted accounting principles in the particular industry and shall be kept in such a manner and in sufficient detail to clearly disclose the nature and amounts of the different items of service and cost pertaining to this Agreement and the basis for charges or allocations to this Agreement. D. CSD shall preserve all such accounts and records for a period of two (2) years after the expiration of the term of this Agreement. Contractor's duly authorized representatives shall have the right to reproduce any such accounts and records. Contractor shall be responsible for the incremental cost, if any, of retention and retrieval of said records. CSD shall promptly adjust any inaccuracy in the billings. E. Access under this paragraph shall not extend the time for the taking of written exception to and the adjustments of accounts as provided for in EXHIBIT B, BUDGET DETAIL AND PAYMENT PROVISIONS, Section 2. Compensation, A. Application Category Costs, item 1). CSD shall bear no portion of the Contractor's audit cost incurred under this paragraph unless agreed to by CSD. 8. NONWAIVER The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in the performance of any obligations under this Agreement, shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation; nor shall any waiver of any incident of breach or default constitute a continuing waiver of the same. All waivers shall be in writing.. 9. PRIOR WORK Services performed by CSD pursuant to Contractor's authorization, but before the execution of this Agreement, shall be considered as having been performed subject to the provisions of this Agreement. 10, INCIDENTAL AND CONSEQUENTIAL DAMAGES Contractor shall not be liable for incidental or consequential damages including but not limited to loss of profits, commitments to subcontractors, rental or lease agreement(s), and personal services contracts, unless expressly authorized in writing by Contractor. 11. INSURANCE CSD is a self-insured entity. If said coverage no longer prevails, CSD will notify Contractor within thirty (30) days of said coverage expiration. E3 021 EXHIBIT E (Standard Agreement) 12. CAPTIONS (2009 Direct Payment) The captions of the various sections, paragraphs, and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretations. 13. VENUE In the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusive vested in the State Courts of the County of Sacramento, of where otherwise appropriate, exclusively in the United States District Court for the Eastern District of California in Sacramento, California. 14. OTHER AGREEMENTS This Agreement shall not prevent either party from entering into similar agreements with others. 15. DISPUTE RESOLUTION A. Unless otherwise mutually agreed to, any disputes between CSD and Contractor regarding the construction or application of this Agreement and claims arising out of this Agreement or its breach shall be submitted to mediation within thirty (30) calendar days of the written request of one party after the service of that request on the other party. B. The parties shall make best efforts to settle all disputes arising under this Agreement as a matter of normal business and without recourse to either mediation or litigation. If the parties are unable to resolve a dispute with respect to this Agreement, either party may send a notice to the other requesting a meeting at which senior officers or officials of the parties will attempt to resolve the dispute. If the parties are unable to resolve the dispute within ten (10) days after the meeting notice is received by the party to whom it is directed, or such longer period as the parties may agree, then either party may initiate mediation as set forth herein. C. Mediation under this section is a condition precedent to filing an action in any court. In the event of litigation that arises out of any dispute related to this Agreement, the parties shall each pay their respective attorney's fees, expert witness costs, and cost of suit, regardless of the outcome the litigation. 16. ADDITIONAL WORK Before proceeding with any work involving possible claims for extra compensation not specified in this Agreement, CSD shall, upon receipt of a detailed description of services requested, submit in writing to the Contractor a detailed estimate for the cost for such work. E4 022 (2009 Direct Payment) EXHIBIT E (Standard Agreement) CSD shall provide the Contractor with a detailed breakdown and estimated cost of anticipated work, including extensions and change orders, as follows: A. Description of work to be performed, including detailed breakdown of identifiable tasks; B. Estimated cost of each task; C. Expected date of completion of each task; CSD shall not proceed with any such additional work prior to receiving written amendment to this Agreement, signed by both parties. 17. FEDERAL EQUAL OPPORTUNITY LAWS During the performance of this Agreement, and to the extent they may be applicable to this Agreement, CSD agrees to comply with the following: A. Federal Executive Order 11246, as amended by Executive Order 11375 relating to equal employment opportunity; B. Title VI and Title VII of the Civil Rights Act of 1964; as amended; C. Rehabilitation Act of 1973, as amended: D. Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended; E. Title 41, Code of Federal Regulations (CFR), Chapter 60, Office of Federal Contract Compliance Program, Equal Employment Opportunity, Department of Labor, as amended; and F. Public Law 101-336, Americans with Disability Act of 1990. \\Cobra\shared\Contracts\Direct Paym 62009 Direct PaynvntSoilerplate\07 Exhibit E, Additional Provisions.doc E5 023 (2009 Direct Payment) Exhibit F (Standard Agreement) PROGRAMMATIC PROVISIONS 1. A. CSD will process applications and make a determination of applicant's eligibility for assistance based upon preestablished criteria pursuant to the LIHEAP. CSD will provide the Contractor with a printout or transmittal (Attachment 2) which lists applicants determined eligible for assistance and the amount of assistance. Payment, in the form of a State of California warrant, and Direct Payment Summary (Attachment 3), shall accompany the printout, and shall represent the sum total of benefits contained on said transmittal. B. Contractor will process payments contained on aforementioned printout in accordance with the provisions of the enclosed LIIMEAP Direct Payment Instructions (Attachment 1). C. Contractor will provide notification of LIHEAP payment to each customer for whom a credit is made. The wording of said notification must contain the words "LIREAP credit." D. The Contractor shall attempt to credit the accounts of qualified low-income customers by the subsequent billing cycle following the receipt of the transmittal and State of California warrant. E. 1) Contractor is responsible for completing and returning to CSD, the Direct Payment Summary that accompanies each transmittal, within ten (10) working days of processing and handling the batch run of eligible low- income utility customers receiving LIHEAP assistance. Contractor shall complete the Direct Payment Summary by indicating: 1) the total number of customer accounts where the Contractor was successful in crediting full amount of eligible LIHEAP benefit; 2) the customer accounts where the Contractor was only able to credit a partial amount of the eligible LIHEAP benefit, also referred to as Partial Payment Return; and 3) the customer accounts where the Contractor was unable to credit any of the eligible LIHEAP assistance amount, also referred to as Full Payment Return. 2) Contractor shall return any undeliverable LIHEAP benefits to CSD during the course of this Agreement. 2. DISBURSEMENTS Funds provided under this Agreement shall be disbursed and applicant accounts credited in accordance with the provisions of the LIHEAP Direct Payment Instructions. F1 024 Exhibit F (Standard Agreement) 3. ASSURANCES (2009 Direct Payment) A. Contractor shall charge the eligible household, in the normal billing process, the difference between the actual cost of the home energy and the payment amount made by the Department. The actual costs of the home energy shall be consistent with applicable utility company tariffs as approved by the CPUC, if applicable. B. Contractor assures that no household receiving assistance under this process will be treated adversely because of such assistance under applicable provisions of State Law regarding public regulatory requirements. 4. REPORTS Reports required under this Agreement are detailed in the LIHEAP Direct Payment Instructions and the attachments thereto. %\Cobra\shared\Contmets\Dimct Payment\2009 Direct PaymmUkilerplate\08 Exhibit F, Programmatic Provisions.Acic F2 025 Direct Payment LIHEAP Direct Payment Instructions and Samples • Attachment 1— Direct Pavment Instructions • Attachment 2 — Sample Printout • Attachment 3 — HEAP Direct Pavment Summary • Attachment 4 — Utility Direct Pay File Format \\Cobra\shand\Contmcts\Dimct Paymen1\2009 Direct Paym t\Boiletplate\09 .Attachment Covmhmi.doc 026 ATTACHMENT LIHEAP DIRECT PAYMENT INSTRUCTIONS HOW TO MAKE A MATCH OPEN ACCOUNTS: If an applicant's utility account is open at the time a LIHEAP payment is received, the full amount of the payment can be applied even if it creates a credit to the account. It is incumbent upon your company to match payments to the correct account and customer of record to which the LIHEAP applicant has directed the benefit. For this purpose, both the "Customer of Record" and last name of the LIHEAP applicant, "Applicant Last Name" has been provided, as well as an account number and service address. CLOSED ACCOUNTS: If, at the time the LIHEAP benefit is to be applied, and the applicant's reported utility account is closed, you must select and complete one of the three options below: 1.) A match can be made with an applicant's new account within the same utility company. 2.) If the account is CLOSED with an outstanding balance owed, a partial payment can be made and the difference refunded to CSD with a notation on your printout. 3.) If the account is CLOSED with no outstanding balance, the total amount of LIHEAP benefit should be returned to CSD with a notation on your printout. HOW TO NOTIFY CSD OF PARTIALS AND/OR NON -MATCHES l.) PRINTOUTS: • Copy the page of the printout upon which the LIHEAP applicant's name appears. • Circle the name of the customer of record to whose account the partial payment was applied (See Attachment 2). • Note beside the LIHEAP payment the amount that is being returned to CSD (the difference between the CSD payment and the returned amount is the amount which was credited to the customer of record). If there is a 100% refund to CSD, note the total LIHEAP payment amount. 027 • Provide an adding machine tape listing the total amount of money to be refunded to CSD. The tape should include both the individual amounts, as well as a total. • Return the LIHEEAP DIRECT PAYMENT SUMMARY SHEET, which accompanies each run of selected payment records, with the number of partials and/or non -matches (See Attachment 3). Attach a check made payable to CSD and return your printout (with partials/non-matches information), adding machine tape, and summary page to: The Department of Community Services and Development Energy and Environmental Services P.O. Box 1947 Sacramento, CA 95812-1947 2.) Compact Disk (CD)/File Transfer Protocol (FTP) • If you expect to return the "partial or non -match" information to CSD by CD or File Transfer Protocol (FTP), refer to Attachment 4 for more specific instructions on how to code the record. WHAT IF ALL RECORDS ARE MATCHES If you find that all records on a specific run are matches to your client database, you need to notify CSD on the LIHEAP Direct Payment Summary. In the case of a 100%.match, the figure in the "Run $ Total" column would be the same amount as the amount in the "Total $ Match" column (Attachment 3). \\Cobm\shared\Contmcts\Dimct Payment\2009 Direct Payment\BoileTlateM Attachment I Dir. Paym. Instructions.doc DATE: 01/07/2009 DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT PAGE: I 2009 HOME ENERGY ASSISTANCE PROGRAM (Federally Funded Programs) UTILITY COMPANY NAME Pay Run on 01 /07/2009 ACCOUNT NUMBER 4257809602625000003301 1099766500156000000401 GRAND TOTAL: $530.00 PAY AMT CUSTOMER OF SERVICE ADDRESS APPLICANT LAST NAME DLN RECORD $236.00 MELLISA CASTRO 2625 S MAIN ST LOS ANGELES, CA 95678 CASTRO 092780500000004 $294.00 LUIS ABUNDIZ 156 W 82 ST LOS ANGELES, CA 90003 ABUNDIZ 090630500000026 STATE OF CAUFORhIA HEALTH AhD HUMAN CERVIGFS ACEhGY ARNOLD SCHWARZENEGG R .evemer DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT 7D0 North 10th Street, Room D-215 Sacramento, CA 95811-0336 (916) 341-4200 (916) 341-4203 (FAX) (916) 327-6318 (TDD) ATTACHMENT 2009 HEAP DIRECT PAYMENT SUMMARY PLEASE COMPLETE FOR EACH DIRECT PAYMENT BATCH COMPLETED BY: PHONE: UTILITY COMPANY: DATE: PLEASE RETURN THIS SUMMARY SHEET WITH PRINT-OUTS AND CHECK (FOR NON MATCHES) NO LATER THAN 10 DAYS FOLLOWING RECEIPT FROM CSD PLEASE RETURN SUMMARY SHEET TO: Vemita Faison, ENERGY SERVICES HOME ENERGY ASSISTANCE PROGRAM P. O. BOX 1947 SACRAMENTO, CA 95812-1947 IF YOU HAVE ANY QUESTION PLEASE CONTACT VERNITA FAISON (916) 341-4276 C'Sn IIRF: ONI.Y CHECK IAI DATE .CSD RUN DATE TOTAL DOLLAR TOTAL DOLLAR TOTAL NUMBER TOTAL DOLLARS (THIS DATE IS ON THE AMOUNT FROM AMOUNT BEING OF RECORDS THAT MATCHED TOP LEFT HAND CSD RETURNED CSD BEING RETURNED (THIS IS THE AMOUNT CORNER OF THE PRINT -THAT (THIS IS THE CHECK (ENTER THE AMOUNT TO CSD YOU STARTED OUTS) AMOUNT THAT WAS OF THE CHECK THAT (ENTER THE NUMBER WITH, MINUS ANY SENT WITH THIS RUN WILL. BE RETURNED TO OF RECORDS THAT RETURN DOLLARS, DATE NOTE: THIS CSD WITH THIS FORK WILL BE RETURNED TO EQUALS TOTAL AMOUNT SHOULD CSD WITH THIS FORM] DOLLARS MATCHED h MATCH THE PRINT- B -D) OUT 01/07/2009 COMPLETED BY: PHONE: UTILITY COMPANY: DATE: PLEASE RETURN THIS SUMMARY SHEET WITH PRINT-OUTS AND CHECK (FOR NON MATCHES) NO LATER THAN 10 DAYS FOLLOWING RECEIPT FROM CSD PLEASE RETURN SUMMARY SHEET TO: Vemita Faison, ENERGY SERVICES HOME ENERGY ASSISTANCE PROGRAM P. O. BOX 1947 SACRAMENTO, CA 95812-1947 IF YOU HAVE ANY QUESTION PLEASE CONTACT VERNITA FAISON (916) 341-4276 C'Sn IIRF: ONI.Y CHECK DATE NUMBER DATE SENT RECEIVED TO ITS $ AMOUNT SUMMARY RETURNED 030 ATTACHMENT Utility Direct Pay File Format _ Header Identi8ration Code 15 g1d1..3�118♦�flC8ljDrtyfiD :left — !yDOHDR ..ia ! First five characters of first line of all data files constant System Date i8 'lett IYYYYMMDD iDate file produced system System Time 16 left 'HHMMSS:Time file produced system Ulility Initials - 'S left IXXXXX 'PGE, SOCG etc. u.utility_initia!s Fitieri :259 1left Ispaces [pad to fixed record length' :calculated WS Recon Number 15 heft _ 'NNNNN :ODO"NNN "�'Q T. :calculated LM14 A=ount Number I :30 ;left 'Utility specific :Complete current aaouni number, without punctuation, including check ,di its 11 sdHeftA.,tify, force to uppqrcase, pad with t2ilin spaces :ap.account_no Payment Amount .8 �d ht 'NNNNN.NN p.pald amount Enety Bill Address Line 1 44 .lett ,ae.bill address i Ener#y Bill Address Une 2 :18 •left ae.bill address 2 Enerbv B01 Address City 30 left ae.bill city Energy BBI Address State :2 :left XX :ae.bill state code Energy Bill Address Zi 9 .left •NNNNN NNN .ae.b!H 2jp code Bio Fast Name :20 •left is .bill first name Bill Lest Name :30 :left .a .bill last name Bill Middle Initial 1 .left :a .bill middle Initial Applicant First Nam 120left :a.first name Applicarit Last Name i30 -:left a.last name litant SSN �9 :left NNNNNNNNN Applicant Social Security Number :a.ssn App LN .12 left :NNNNNNNNNN :System Locator Number - left'ustified oiled with s ces is .sln App OW :15 'left INNNNNNNNNNNNNNN [Document Locator Number -left justNed, paddZ with spaces :app.dln _ Footer Identification Code :5 'left _ r :99EOF :- . t ,r"kR4o1urxu Yy :First five characters of tooter constant Record Count :5 right :NNNNN ;Total number of detail records :calculated PayrhentAmount Total 12 right 'NNNNNNNNN.NN Payment amount total :calculated Filler .261 .left :spaces :pad to fixed record length' .calculated o ' Fond record 18NIN 283 characters Carriage Return i Line Feed _ ` ° 111 d Sourbe column table abbreviation key: a =a ram ------------- ae=!app energy p=app prograrn-payment_— u = [utility, rM, fuY 10 —._-- -- .. Attachment 4 SrdDirectPayFileFomtat2009 031 AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: MAY 26, 2009 SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT TO MANAGE WATER AND ELECTRIC POWER GENERATION OPERATION RECOMMENDATION It is recommended that the Azusa Utility Board/City Council approve the Memorandum of Understanding ("MOU") with the San Gabriel Valley Municipal Water District (District) to jointly manage the water and electric generation operations this summer and authorize the Mayor to execute the MOU once the execution copies are prepared. BACKGROUND The City receives water allotment from District's State Water Project allocation. Such water when received is spread in the Upper Canyon Water Basin for City's use. Also, the City has a 10 -year power purchase agreement with the District for the electric output of District's San Dimas Wash small conduit electric generating facility. The agreement was approved on September 18, 2006. Whenever the District generates electricity at San Dimas Wash, water is diverted from the Canyon Basin spreading ground. Given the continuing drought conditions, staff initiated discussions with the District and has reached an agreement in principle memorialized in the MOU to jointly and optimally operate respective parties' water and power generation operations for this summer. The main points of the agreement are as follows: • The District will forego electricity generation during the summer and reserve 032 District's State Water Project allocation (approximately 7,100 acre-feet or about 30% of AL&W customers' annual water consumption) for spreading on City's behalf at times and amounts requested by the City this summer; and • The City will reimburse the District for the lost electricity sales that the District would otherwise have made based on an agreed upon methodology. The MOU provides a win-win solution to both parties given the water operation constraints faced by the City in the coming summer season, and is made possible only when water and power operations are planned in an integrated fashion. The arrangement is also likely to provide an affordable and reliable source of water for the fall season to the extent water is not used during the summer. The City of Glendora has agreed to reimburse 42.9% of the cost incurred by the City as Glendora also pumps water out of the Upper Canyon Water Basin. FISCAL IMPACT The fiscal impact to the City is estimated not to exceed $80,000 under the MOU of which the City of Glendora will reimburse 42.9% of the cost to the City. Funds are available in the Purchased Water account to pay for the cost of reimbursement to the District. Prepared by: Joseph F. Hsu, Director of Utilities R MOU _SGVMWD_Wat er and Power operati 033 MEMORANDUM OF UNDERSTANDING TO MANAGE WATER USE AND ELECTRIC POWER GENERATION This Memorandum of Understanding ("MOU") is entered into this day of 2009, by and between the City of Azusa, a municipal public agency ("Azusa"), and the San Gabriel Valley Municipal Water District, a public water district ("District"). Azusa and District shall hereinafter be collectively referred to herein as "the Parties". RECITALS A. Azusa is a municipal corporation duly organized and existing under the laws of the State of California. Azusa, by and through Azusa Light and Water, is empowered to provide electric service to residential, commercial, and industrial customers within Azusa's jurisdictional boundaries. B. District is a water district duly organized and existing under the laws of the State of California. District is empowered to provide reliable water supplies to the member cities of Alhambra, Azusa, Monterey Park, and Sierra Madre. C. Azusa receives water allotment from the District which is spread in the Upper Canyon Water Basin for Azusa's use. D. Azusa has entered into 10 -year power purchase agreement with the District to purchase the electric output of District's San Dimas Wash small conduit hydro generating facility. E. The Parties hereto desire to enter into this MOU for the purpose of optimally coordinate the water use and the electric power generation for the coming summer season. COVENANTS NOW, THEREFORE, in consideration of the preceding Recitals and mutual Covenants contained herein, the Parties hereto agree as follows: Section 1. PARTIES' RESPONSIBILITIES The Parties shall have the responsibilities set forth herein. Section 1.1. DISTRICT'S RESPONSIBILITIES The District shall reserve the entire District's State Water Project allocation (net of return to Dudley Ranch Water District) currently estimated to be 7,100 AF for spreading on Azusa's behalf. The District will deliver the water so reserved to the Upper Canyon Water Basin for spreading at times and amounts requested by Azusa. 034 Section 1.2 AZUSA'S RESPONSIBILITIES Azusa shall reimburse the District for the revenue loss incurred by the District in foregoing electricity generation in lieu of reserving the water allotment for Azusa's use: Such reimbursement shall be based on the projected hourly electricity generation for the months of June and July, 2009 and energy contract prices under the 10 -year power purchase agreement. Azusa shall prepare the billing with sufficient detail for District's review and shall pay within ten days upon the receipt of the invoice. IN WITNESS WHEREOF, the Parties hereto have executed this MOU to be in effect as of the date set forth above. City of Azusa M San Gabriel Valley Municipal Water District By: Name: Joseph R. Rocha Name: Title: Mayor, City of Azusa Title: 035 CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL FROM: JOSEPH F; HSU, DIRECTOR OF UTILITIESK- DATE: MAY 26, 2009 ��GG SUBJECT: CONSIDERATION TO TERMINATE CERTAIN TRANSMISSION SERVICE CONTRACTS WITH SOUTHERN CALIFORNIA EDISON COMPANY RECOMMENDATION It is recommended that the Azusa Utility Board/City Council approve staff's recommendation to terminate certain transmission service contracts with Southern California Edison Company (Edison) and authorize the Director of Utilities to provide notification to Edison of the contract termination. BACKGROUND In 2002, the City became a Participating Transmission Owner ("PTO") in the California Independent System Operator's ("CAISO") markets in order to reduce City's transmission costs. By being a PTO, the City transferred the rights to use City's transmission contracts to the CAISO, and in turn the City procured all the transmission that the City needed from the CAISO. Under the PTO arrangement, the CAISO reimburses the City for the use of City's transmission contracts through the City's Transmission Revenue Requirement ("TRR") approved by the Federal Energy Regulatory Commission ("FERC"). The City's current FERC approved TRR is $1,500,000 per year, of which about $700,000 per year is associated with transmission service contracts with Edison. In turn, the City procures transmission service from the CAISO at the average CAISO system transmission service cost. Currently, the City spends approximately $1,150,000 per year in CAISO transmission services. The resulting savings of $350,000 in transmission service cost is the benefit of being a PTO in the CAISO markets. 036 While the cost of CAISO transmission has been increasing, the cost incurred under City's transmission service contracts has been fairly stable and manageable in the past six years until recently. Recently Edison filed new transmission service rates with the FERC that will substantially increase the cost to the City. The anticipated cost increase under Edison's transmission service contracts to the City is approximately $400,000 per year. In the light of this, staff has considered the following options to mitigate the cost increase: Option 1: Seek FERC Approval of a New TRR The City could file a new TRR with the FERC to recover the increased Edison's transmission service costs. PROS: If successful, we will maintain the contracts with Edison and continue to fully recover our transmission service contract costs and thus continues to enjoy the lower CAISO transmission cost. CONS: Filing a new TRR is a time consuming and labor intensive process. We will need to engage specialized legal and expert witness services to assist us to navigate through the FERC process. These services are likely to cost in the tens of thousands of dollars. e If we are unsuccessful in getting the approval of the new TRR, then the City will need to absorb the anticipated $400,000 per year increase. Option 2: Terminate Certain Transmission Service Contracts with Edison Per contract with Edison, the City has the right to terminate any of its transmission service contracts with a one-year notice. The City could terminate two contracts with Edison that are associated with expired power resource contracts. PROS: By terminating these contracts and thus eliminating the transmission costs associated with these two contracts, the City can almost completely mitigate the $400,000 per year cost increase. It also eliminates the prospective cost increases under these contracts if Edison were to file further rate increases in the future. 037 CONS: In the event that CAISO ceases to have the ability to provide transmission service to the City in the future, then we may be disadvantaged in not having these contracts in the negotiations with Edison. Staff recommends Option 2 given the costs and the regulatory uncertainty of getting a new TRR approved and the limited value of certain Edison transmission service contracts to the City in the foreseeable future. FISCAL IMPACT The fiscal impact to the City under Option 2 is the avoidance of $400,000 increase in Edison's transmission costs commencing FY10-11. It is very likely that the City will absorb some cost increases in FY 09-10 until contract termination takes effect with one- year notice to Edison. Prepared by: Bob Tang, Assistant Director — Resource Management (13 8 CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES". . DATE: MAY 26, 2009 `, SUBJECT: ADOPTION OF LEGISLATIVE POSITIONS RECOMMENDATION It is recommended that the Azusa Utility Board/City Council adopt the legislative positions attached to this report and authorize the Mayor to sign letters addressed to legislators as may be required during the remainder of legislative session to advocate the adopted positions. BACKGROUND The economic downturn seems to have impacted the federal and state legislatures in different ways this year, however, climate change and mitigating greenhouse gases (GHG) is still apart the legislative agenda at both levels. One of the main GHG bills being tracked by American Public Power Association (APPA) is HR 2454, the American Clean Energy and Security Act (ACES Act) of 2009. This bill includes a renewable electricity standard of 20% by 2020, Carbon Capture and Sequestration program, Clean Transportation initiatives, Smart Grid initiatives, various Energy Efficiency programs, Greenhouse Gas Emission Offsets and Allowances, Greenhouse Gas Emission Caps for states, Green Jobs initiatives, Consumer Assistance programs, and various items to engage the international community in actions to mitigate GHG. Cost and economic uncertainty have cast some doubt on the viability of various proposals, and it is still too early to tell what will be approved. However, the idea of this legislation is to set in motion a comprehensive set of actions that will achieve the goal of reducing GHGs while at the same time stimulating economic recovery centered on "green" industries. The biggest concern with this legislation is the language regarding emission allowances, or Cap and Trade. Emission allowance language pervades the bill, however, it is difficult to figure out how these allowances will affect our long term costs of using a coal fired power resource. City staff continue to seek clarifications on these points via SCPPA and APPA. 039 The State legislative session began in January and much time was spent on budgetary issues due to the economy. Climate change and GHG legislation, however, continued to be promulgated with increasing focus on renewable energy. AB 64, for example, initially proposed a 50% renewable portfolio standard be achieved by 2035. SB 805 also proposed to increase the renewable portfolio standard, but to 33% by 2020. The Azusa Utility Board took a prior position consistent with the lower RSP goal, and the California Municipal Utilities Association (CMUA) and Southern California Public Power Association (SCPPA) adopted Support positions on SB 805. AB 64 was recently amended to the lower RPS goal as well, to 33% by 2020. In addition to the RPS legislation, several bills have been introduced to implement AB 32, California Global Warming Solutions Act of 2006 One such bill is AB 1404, which would authorize the State Air Resources Board to adopt a fee schedule which would be used to start charging for emissions that exceed certain allowed limits yet to be determined. Like the federal legislation, staff is still in process to trying to clarify fiscal impacts of these market based regulatory approaches. The following legislative positions are recommended for adoption at this time, including one bill on Solid Waste, currently opposed by the Los Angeles County Integrated Waste Management Task Force: AB 479 This bill would increase the State Diversion mandate to 60% by January 1, Solid Waste 2015 and 75% by 2020; require businesses to arrange for recycling services; and require local jurisdictions, by January 1, 2011, to adopt a mandatory commercial recycling ordinance. This bill would also increase the State waste disposal surcharge from $1.40 per ton to $3.90 per ton after January 1, 2010, and provide $2.50 of that fee to local jurisdictions on a per capita basis, subject to certain restrictions. RECOMMENDATION: OPPOSE Reason for Position: Cost of achieving higher levels of waste diversion could be significantly higher, and for Azusa, may not be feasible due to current contracts and operating efficiencies of facilities used. AB 1404 1) Authorizes CARB to adopt by regulation a schedule of fees to be paid by Global Warming sources of GHG emission regulated under AB 32, with revenues deposited in the Air Pollution Control Fund and 2) replace the requirement that CARB to create an independent entity to be regulated by CARB to independently verify a GHG emission offset related to market-based compliance mechanisms with language limiting the use of compliance offsets and allow use of compliance offsets if 1) the offset has been independently verified, 2) the emission reduction offset meets protocol requirements adopted by CARB, 3) the offset is entered into a tracking system, 4) the offset is permanently retired, 5) the offset will not cause significant adverse effects on human health or the environment and 6) the offset has been is not a certified emission reduction credit developed by Kyoto Protocol's Clean Development Mechanism RECOMMENDED POSITION: OPPOSE Reason for Position: Market based approaches to emission reductions do not appear to be the most efficient means to accomplish emission reduction goals. It is unclear how high the fees will be and how they the revenue will be allocated. SB 488 Would require each IOU, POU and gas corporation to adopt a pilot program Energy Efficiency to disclose on billing statements, not less frequently than quarterly, information on residential consumer electricity consumption. Require each POU electric and gas utility to adopt a program to periodically disclose to each customer the amount of energy used by the metered residence compared to similar residences in the subscribers geographical area, to identify those residences that used significantly more energy during the period than was used by similar residences in the subscribers geographical area and ensure that information is provided to those subscribers on energy saving strategies and programs available to assist in financing energy efficiency improvements; and by 7/1/11 and each July 1 thereafter, each POU electric and gas utility shall report to the Energy Commission on the energy savings resulting from the program adopted by the utility pursuant to this section. RECOMMENDED POSITION: OPPOSE Reason for Position: Mandates public information program that would cost the utility additional funds to manage. Voluntary approaches preferred which market specific programs offered by the Utilities Department. SB 805 Requires the local governing board by 1/31/11 to adopt a RPS program of Renewable Energy 33% by 2020, 2) require use of the CEC's accounting system, 3) authorize the use of renewable energy credits as authorized for the IOUs by the CEC, specifically allowing electricity from eligible renewable resources and unbundled renewable energy credits - up to 25% - from eligible renewable energy resources located in states within the WECC and count toward the RPS, 4) annually report to customers and the CEC on progress toward meeting the 33% RPS, including location and sources of electricity and use or RECs and 5) a REC is to be certified that it's associated with deliveries to a POU, the POU is in compliance with its RPS program, is procuring sufficient renewables to meet the target and will not fail to meet the target in the even the REC is sold to a retail seller. RECOMMENDED POSITION: SUPPORT Reason for Position: More direct approach to GHG emission reductions than market based approaches. Goals appear feasible and financially acceptable. FISCAL IMPACT There is no immediate fiscal impact of adopting either a Support or Oppose position on any one of the attached legislative bills. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities 941 AZUSA i mrt • meerr CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: MAY 26, 2009 SUBJECT: REQUEST TO AWARD CERTIFICATE OF APPRECIATION TO NORTHROP -GRUMMAN RECOMMENDATION It is recommended that the Utility Board/City Council authorize staff to prepare a Certificate of Appreciation to Northrop -Grumman for hosting the 2009 household hazardous waste collection event in the City of Azusa. BACKGROUND The Sanitation Districts of Los Angeles County sponsor household hazardous and electronic waste collection events held in different cities throughout the year. The City of Azusa schedules the event with the help of local companies and usually seeks to schedule the events in April to coincide with the City's Clean and Green month activities. This year, like in years past, we were able to hold the event in Azusa in April due to the generosity and support of Northrop -Grumman. About 1,200 vehicles went through the facility this year. In 2008, about 1,650 vehicles went through the facility dropping off almost 15,000 gallons hazardous liquid and over 39,000 pounds of miscellaneous electronic waste. To recognize the important role played by Northrop -Grumman, it is recommended that the City award them a Certificate of Appreciation at the June 15, 2009 regular City Council meeting. FISCAL IMPACT There is no fiscal impact noted. Prepared by: Cary Kalscheuer, Assistant to Director of Utilities Liza Cawte, Administrative Technician CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIESeA-�k-� DATE: MAY 26, 2009 SUBJECT: REQUEST TO AWARD CERTIFICATE OF APPRECIATION TO AZUSA CERTIFIED USED OIL COLLECTION CENTERS RECOMMENDATION It is recommended that the Utility Board/City Council authorize staff to prepare a Certificate of Appreciation to each certified used oil collection center in the City of Azusa for their help in keeping Azusa beautiful by properly disposing of used motor oil. BACKGROUND Azusa Light & Water maintain a year-round used oil recycling program, which is administered by a consultant, Huls Environmental, and funded by a used oil recycling block grant from California Integrated Waste Management Board. The program consists of the City supplying used oil drain pans to participating used oil collection centers, including Dick's Auto Supply, Firestone, Jiffy Lube, Kragen Auto Parts, and Y Tires, and advertising to promote drop off of used oil at these centers. In fiscal year 2007-2008, about 600 residents received free used oil drain pans from the certified collection centers and deposited 13,075 gallons of used oil and 570 used oil filters. City staff recommends awarding certificates of appreciation to each participating collection center to show gratitude for their efforts in helping the City achieve its goal towards a cleaner, greener, more beautiful Azusa at the June 15, 2009 regular City Council Meeting. FISCAL IMPACT There is no fiscal impact noted. Prepared by: Cary Kalscheuer, Assistant to Director of Utilities Liza Cawte, Administrative Technician 043 C - AZ I rn+ i w�rrUSA v AGENDAITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES- DATE: MAY 26, 2009 SUBJECT: AB 87 (DAVIS) —SUPPORT IF AMENDED RECOMMENDATION It is recommended that the Utility Board/City Council consider a "Support if Amended" position on Assembly Bill 87 (Assembly Member Mike Davis -Los Angeles) and authorize the Mayor to sign letter to advocate the adopted position. BACKGROUND During its April Utility Board meeting, the Board considered a request by Los Angeles County that the City of Azusa adopt a support position on AB 87. AB 87 was introduced by Assembly Member Davis and seeks to impose a fee of $0.25 on each single use grocery bag distributed by large retailers. Large retailers are defined in the bill as stores that have 10,000 or more square feet of retail space and have licensed pharmacies, and chains of smaller convenience stores that have a combined 10,000 or more square feet within the state. This would impact large grocery stores and drug store chains with pharmacies, some "big box retailers" like Walmart, and also smaller convenience stores like 7 -Eleven, but not large hardware retailers like Home Depot. Rather than charge a fee per bag, two Board members suggested that they may support an outright ban on the use of single use grocery bags. Given these comments, staff reviewed the bill and formulated a revised "Support if Amended" position on the bill. In attached letter, it states that "the City of Azusa feels it would be more effective and efficient to ban the use of single use grocery bags statewide by a date certain and require customers to use reusable bags. If a patron does not bring their own bags to the store, then the store could either sell or give away reusable bags to the customer --not single use bags which will only exacerbate the problem." H I If the attached letter captures the essence of the Board's position on this bill, the Board may approve the letter. Staff also welcomes any changes the Board may have. FISCAL IMPACT There is no immediate fiscal impact of adopting this "Support if Amended" position. This position would arguably be more effective at eliminating single use grocery bags, and therefore would likely eliminate the need for recycling and abatement programs aimed to cleanup single use bag litter. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities Liza Cawte, Administrative Technician Attachment: AB -87 -Rev -Sup -If -A rrended Ltr.pdf ab_87_bill_20090427 .pdf 049 May 27, 2009 Assembly Member Mike Davis State Capitol Room 2160 Sacramento, CA 95814 SUPPORT IF AMENDED - Assembly Bill 87 (AB 87) - Single Use Bags Dear Assembler Member Davis: On May 26, 2009, the City of Azusa City Council voted to support AB 87 if it is amended to ban the distribution of single use bags. As currently drafted, AB 87 sets a date of July 1, 2010, for stores to start charging customers for using single use bags. The bill proposes a fee of $0.25 per bag and allows the store to retain a portion of the proceeds for onsite programs, including distribution of reusable bags. The other portion of the fees would be submitted to the State Board of Equalization (SBOE) for distribution to the state, counties and cities. While AB 87 is well-intentioned and well-written, and enjoys a wide base of support, we believe that the process of reducing the use of plastic grocery bags can be much more efficient and effective if the bill simply bans the distribution of single use grocery bags at the point of sale by a date certain, and requires customers purchasing groceries to either use their own reusable bags or purchase reusable bags. As an option, stores could give away reusable bags. As currently drafted, AB 87 would provide a considerable amount of fee revenue to various governmental entities. AB 87 would allow the SBOE to keep 3% for administrative costs, and after consultation with Cal EPA, the State Water Resources Control Board, and the Department of Toxic Substances Control, the SBOE would distribute no more than 5% of the fee revenue to develop and implement programs related to single use bags and to encourage and support pollution prevention, litter abatement and cleanup, enforcement, water quality protection and clean up, and a host of other environmental programs. The SBOE would then distribute the remaining fees collected, to cities and counties which would then use the funds to implement additional programs to "encourage" the elimination of single use plastic grocery bags. While cities and counties currently receive funds from beverage container recycling grants for litter abatement, the AB 87 fees would provide additional funds to cities and counties for these same purposes, potentially duplicating efforts. 046 Rather than have additional funds for additional programs, the City of Azusa feels it would just be more effective and efficient to ban the use of single use grocery bags statewide by a date certain and require customers to use reusable bags. If a patron does not bring their own bags to the store, then the store could give away or sell reusable bags to the customer --not single use bags which will only exacerbate the problem. While this single use bag ban would not generate the revenue to the state and other local agencies as the current bill would, banning the distribution of single use bags at grocery stores would accelerate the elimination of single use bags and therefore the need for such program funding. Given the state of our economy, we feel that it is important to not waste time or money on programs that ultimately extend the time in which plastic grocery bags can be used and cause further harm to our environment and increase costs on government for litter cleanup. Considering the State's budget shortfall, it also seems to us that it would be more prudent during this time to streamline state government, not add programs which are unnecessary if alternative approaches are available to accomplish the same result more efficiently. We do appreciate your efforts to eliminate the amount of litter from single use grocery bags and will be happy to support an amended bill that sets forth a date to ban the sale and use of single use grocery bags in the State of California. If you would like us to work with you on drafting revisions to the current bill to effect the proposed amendment, please do not hesitate to call Cary Kalscheuer, Assistant to the Director of Utilities, at (626) 812-5174. Sincerely, Joseph R. Rocha Mayor cc: Gloria Romero, State Senator, 24th District Edward P. Hernandez, Assembly Member, 57th District Los Angeles County Department of Public Works 047 AMENDED IN ASSEMBLY APRIL 27, 2009 AMENDED IN ASSEMBLY MARCH 18, 2009 CALIFORNIA LEGISLATURE -2009-10 REGULAR SESSION ASSEMBLY BILL No. 87 Introduced by Assembly Member Davis (Coauthors: Assembly Members Blumenfield, Chesbro, De Leon, and Nava) January 5, 2009 An act to amend Sections 42250, 42251, 42252, 42253, and 42254 of, to amend the heading of Chapter 5.1 (commencing with Section 42250) of Part 3 of Division 30 of, to add Sections 42252.5 and 42252.7 to, and to repeal and add Sections 42256 and 42257 of, the Public Resources Code, relating to single -use carryout bags. LEGISLATIVE COUNSEL'S DIGEST AB 87, as amended, Davis. Single -use carryout bags: environmental effects: mitigation. Existing law requires, until January 1, 2013, an operator of a store, as defined, to establish an at -store recycling program that provides to customers the opportunity to return clean plastic carryout bags to that store. Existing law imposes various requirements on at -store recycling programs, including requiring a store to maintain records describing the collection, transport, and recycling of plastic carryout bags collected by the store. Existing law also requires, until January 1, 2013, the manufacturer of plastic carryout bags to develop educational materials to encourage the reducing, reusing, and recycling of plastic bags and make those materials available to stores required to comply with the program. 97 ME AB 87 _Z_ This bill would instead prohibit, on and after July 1, 2010, a store, as defined, from providing a single -use carryout bag, including a green carryout bag, to a customer unless the store charges a fee of not less than $0.25 per bag at the point of sale. The bill would exempt certain customers from paying the fee. The bill would establish the Bag Pollution Fund in the State Treasury and, by January 31, 2011, would require a store that collects the single -use carryout bag fees to remit the fees, less a specified amount to be used as required, to the State Board of Equalization for deposit in that fund, and do so on a quarterly basis thereafter. This bill would instead require the manufacturer of a single -use carryout bag to develop educational materials to encourage the reducing, reusing, and recycling of single -use bags and make those materials available to stores required to comply with the program. The bill would require moneys in the fund, upon appropriation by the Legislature, to be expended by the Integrated Waste Management Board (board) as specified, including, but not limited to, for administrative costs, developing and implementing programs to encourage and support mitigating the environmental effects of single -use carryout bags, and payments to cities and counties for activities to reduce and prevent single -use carryout bag litter and the environmental impacts of single -use carryout bags. The bill would require the board to administer and enforce the single -use carryout bag provisions and would require the State Board of Equalization to administer and collect the fees imposed on those bags. The bill would require the board to submit a biennial report to the Legislature, in coordination with other state agencies and stakeholders, on the effectiveness of the program and recommendations to further encourage the use of reusable bags. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Single -use carryout bags that are provided by stores impose hidden costs on consumers, local governments, the state, taxpayers, and the environment. 97 MM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —3— AB 87 (b) Litter from plastic carryout bags poses a significant burden to California's economy and a serious threat to the marine ecosystem. It is estimated that Californians consume 19 billion plastic carryout bags per year. However, according to the.California Integrated Waste Management Board, the recycling rate for these bags is less than 5 percent. Public agencies in California also spend more than three hundred seventy-five million dollars ($375,000,000) annually in litter cleanup, and plastic carryout bags contribute disproportionately to the litter stream. (c) Despite past efforts to control marine debris, the quantity of trash in the coastal and ocean environment is increasing dramatically worldwide. It is estimated that 60 to 80 percent of all marine debris, and 90 percent of floating debris is plastic. It may take hundreds of years for this plastic to break down and some plastics never truly biodegrade in the marine environment. Streams and storm drains carry plastic bags to the ocean where they are frequently mistaken as food by marine life. Over 267 species worldwide have been impacted by plastic litter such as plastic bags through entanglement or ingestion. (d) On February 8, 2007, the California Ocean Protection Council adopted a comprehensive resolution on marine debris calling for statewide action targeting the reduction of single -use plastic packaging, including plastic carryout bags. The council adopted an implementation strategy for this resolution, which in part calls for instituting a statewide fee on single -use plastic grocery bags, with the collected fees utilized to help fund litter abatement and stormwater capture, and reduce the incidence of litter. (e) Over 15 countries and over 40 U.S. states and cities have either taken action or have proposed to take action on plastic carryout bags in the form of bans or point-of-purchase fees. (f) While paper bags are recyclable and degrade in the environment, they are not an acceptable alternative to plastic since the production and transport of paper bags leads to significantly greater water pollution and air emissions, including greenhouse gas emissions. (g) Carryout bags marketed as "biodegradable" or "compostable" are also not a viable alternative because these bags have not proven to biodegrade in the marine environment, are only able to biodegrade under specific conditions found in certain industrial composting facilities that are not widely available 97 050 AB 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —4— throughout the state, and will not reduce the litter problem since they have the same characteristics as plastic bags. (h) It is the intent of the Legislature to encourage the use of reusable bags by consumers to reduce the consumption of single -use bags, such as conventional plastic, paper, and biodegradable or compostable plastic bags. (i) The fees imposed pursuant to Section 42252.5 of the Public Resources Code will mitigate the environmental, public health, and other public -financed impacts caused by the use of single -use bags by offsetting the costs of programs to prevent and reduce the littering and environmental impacts of single -use carryout bags and encouraging the reduction of the use of single -use carryout bags. 0) Requiring stores to end the subsidy of single -use carryout bags and charge their full economic and environmental costs will provide consumers with an appropriate market signal to make informed decisions regarding carryout bag reduction and reuse options. (k) Requiring stores to charge and remit a fee for the distribution of single -use carryout bags will help the state and local governments to offset the environmental and social costs of single -use carryout bags. (1) The imposition of the fee pursuant to Section 42252.5 of the Public Resources Code would not result in the imposition of a tax within the meaning of Article XIII A of the California Constitution because the amount and nature of the fee have a fair and reasonable relationship to the environmental, public health, and societal burdens imposed by the use of single -use carryout bags, and there is a sufficient nexus between the fees imposed and the use of those fees to support programs to prevent the litter of single -use carryout bags, reduce the environmental impacts of single -use carryout bags, and encourage the reduction of the use of single -use carryout bags. (m) (1) There is a clear nexus between the type and amount of the fees imposed pursuant to this act and the environmental, public health, and societal costs resulting from single -use carryout bags. (2) It is the intent of the Legislature that the fees that are imposed pursuant to Section 42252.5 of the Public Resources Code be consistent with Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866. 97 051 -5— AB 87 1 SEC. 2. The heading of Chapter 5.1 (commencing with Section 2 42250) of Part 3 of Division 30 of the Public Resources Code is 3 amended to read: 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 CHAPTER 5.1. SINGLE -USE CARRYOUT BAGS SEC. 3. Section 42250 of the Public Resources Code is amended to read: 42250. For purposes of this chapter, the following definitions shall apply: (a) "Biodegradable or compostable bag" means a carryout bag provided by a store to a customer at the point of sale that is certified and labeled as meeting the current American Society for Testing and Materials (ASTM) Standard Specification pursuant to Chapter 5.7 (commencing with Section 42355). (b) (1) "Green carryout bag" means a single -use carryout bag that is provided by a store to a customer at the point of sale and meets all of the following requirements: (A) Is composed of at least 40 percent post -consumer recycled content material. (B) Is accepted in curbside recycling programs serving at least 80 percent of households in the state. (C) Is capable of composting within 180 days, as determined by the board. (2) "Green carryout bag" does not include a reusable bag. (c) "Manufacturer" means the producer of a single -use carryout bag sold to a store. (d) "Operator" means a person in control of, or having daily responsibility for, the daily operation of a store, which may include, but is not limited to, the owner of the store. (e) "Paper carryout bag" means a paper carryout bag provided by a store to a customer at the point of sale that is not a reusable bag as defined in subdivision (g). (f) "Plastic carryout bag" means a plastic carryout bag provided by a store to a customer at the point of sale that is not a reusable bag as defined in subdivision (g). (g) "Reusable bag" means either of the following: (1) A bag made of cloth or other machine washable fabric that has handles. 97 Qa4 AB 87 —6- 1 (2) A durable plastic bag with handles that is at least 2.25 mils 2 thick and is specifically designed and manufactured for multiple 3 reuse. 4 (h) "Single -use carryout bag" means a carryout bag provided 5 by the store to a customer at the point of sale that is not a reusable 6 bag as defined in subdivision (g), and includes biodegradable or 7 compostable bags. 8 (i) "Store" means a retail establishment that provides single -use 9 carryout bags to its customers as a result of the sale of a product 10 and that meets any of the following requirements: 11 (1) Meets the definition of a "supermarket" as found in Section 12 14526.5. 13 (2) Has over 10,000 square feet of retail space that generates 14 sales or use tax pursuant to the Bradley -Burns Uniform Local Sales 15 and Use Tax Law (Part 1.5 (commencing with Section 7200) of 16 Division 2 of the Revenue and Taxation Code) and has a pharmacy 17 licensed pursuant to Chapter 9 (commencing with Section 4000) 18 of Division 2 of the Business and Professions Code. 19 (3) Is a chain of convenience food stores primarily engaged in 20 retailing a limited line of goods that includes milk, bread, soda, 21 and snacks, with a total combined square footage of 10,000 square 22 feet or more within the state. 23 SEC. 4. Section 42251 of the Public Resources Code is 24 amended to read: 25 42251. (a) The operator of a store that provides plastic carryout 26 bags to customers shall establish an at -store plastic carryout bag 27 recycling program pursuant to this chapter that provides an 28 opportunity for a customer of the store to return to the store clean 29 plastic carryout bags. 30 (b) A retail establishment that does not meet the definition of a 31 store, as specified in Section 42250, and that provides plastic 32 carryout bags to customers at the point of sale may also adopt an 33 at -store recycling program, as specified in this chapter. 34 SEC. 5. Section 42252 of the Public Resources Code is 35 amended to read: 36 42252. An at -store plastic carryout bag recycling program 37 provided by the operator of a store shall include all of the 38 following: 39 (a) A plastic carryout bag provided by the store shall have 40 printed or displayed on the bag, in a manner visible to a consumer, 97 053 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —7— AB 87 the words "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING." (b) A plastic carryout bag collection bin shall be placed at each store and shall be visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags. (c) All plastic bags collected by the store shall be collected, transported, and recycled in a manner that does not conflict with the local jurisdiction's source reduction and recycling element, pursuant to Chapter 2 (commencing with Section 41000) and Chapter 3 (commencing with Section 41300) of Part 2. (d) The store shall maintain records describing the collection, transport, and recycling of.plastic bags collected for a minimum of three years and shall make the records available to the board or the local jurisdiction, upon request, to demonstrate compliance with this chapter. (e) The operator of a store shall make reusable bags available to customers within the store, which may be purchased and used in lieu of using a single -use carryout bag. This subdivision is not applicable to a retail establishment specified pursuant to subdivision (b) of Section 42251. SEC. 6. Section 42252.5 is added to the Public Resources Code, to read: 42252.5. (a) Except as provided in subdivision (f), on and after July 1, 2010, a store shall not provide a single -use carryout'bag, including a green carryout bag, to a customer at the point of sale, unless the store charges the customer not less than twenty-five cents ($0.25) per bag. (b) The amount charged pursuant to subdivision (a) shall not be subject to sales tax, shall be separately stated on the receipt provided to the customer at the time of sale, and shall be identified as the Bag Pollution Cleanup Fee. (c) (1) A store charging a fee pursuant to subdivision (a) may retain a portion of the fee, as specified in subdivision (d). The store shall remit the remainder of the fee to the State Board of Equalization pursuant to Section 42252.7. (2) A store shall coordinate with its host jurisdiction in expending any revenue retained pursuant to this subdivision. (3) A store shall not retain more than five cents ($0.05) of the fee for each single -use carryout bag that is not a green carryout 97 AB 87 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —8— bag. For a single -use carryout bag that is a green carryout bag, a store shall not retain more than seven cents ($0.07) of the fee for each bag. (d) A store charging a fee pursuant to this section shall use the amount of the fee retained pursuant to subdivision (c) for all of the following: (1) Reimbursement of the store's costs associated with the collection and remittance of the fee. (2) The development of in-store educational materials for distribution to customers encouraging the use of reusable bags. (3) The development and implementation of an educational campaign encouraging the use of reusable bags, including, but not limited to, public service announcements. (4) Reimbursement of the store's costs associated with providing reusable bags to customers or as donations to community organizations, nonprofit organizations, and other similar entities. (5) Reimbursement of the store's costs associated with the purchase of single -use carryout bags. (e) Any other transaction fee charged by a store in relation to providing a single -use carryout bag shall be identified separately from the Bag Pollution Cleanup Fee. (f) The fee imposed pursuant to this section shall not be charged to either of the following: (1) A customer participating in the California Special Supplemental Food Program for Women, Infants, and Children (Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code). (2) A customer participating in the State Department of Social Services Food Stamp Program. SEC. 7. Section 42252.7 is added to the Public Resources Code, to read: 42252.7. (a) The Bag Pollution Fund is hereby established in the State Treasury. All fees collected by the State Board of Equalization pursuant to this chapter shall he deposited in the fund. By January 31, 2011, and quarterly thereafter, a store that collects the Bag Pollution Cleanup Fee pursuant to subdivision (a) of Section 42252.5 shall calculate the amount of moneys collected and shall remit the moneys to the State Board of Equalization for deposit into the Bag Pollution Fund, less funds retained by the store pursuant to subdivision (c) of Section 42252.5. 97 055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —9— AB 87 (b) The moneys in the Bag Pollution Fund shall be expended by the board, upon appropriation by the Legislature, for the following purposes: (1) The board shall expend no more than 3 percent of the revenue deposited into the Bag Pollution Fund for reimbursement of the board's costs for administration, collection, enforcement, and auditing requirements associated with this chapter, as well as making refunds associated with the chapter. (2) The State Board of Equalization shall expend no more than 3 percent of the revenue deposited into the Bag Pollution Fund for reimbursement of the state board's costs for administration and collection of the fee. (-2) (3) The board shall, in consultation with the California Environmental Protection Agency, the State Water Resources Control Board, and the Department of Toxic Substances Control, expend no more than 5 percent of the revenue deposited into the Bag Pollution Fund to develop and implement programs related to the use of single -use carryout bags to encourage and support pollution prevention, abatement and cleanup, enforcement, green chemistry, water quality protection and cleanup, and environmental and public education and outreach. (3) (4) The board shall expend the remaining moneys for payments to counties and cities, on a per capita basis, for the following activities to prevent and reduce the litter and environmental impacts of single -use carryout bags: (A) To establish and maintain local programs, including those in partnership with nonprofit community-based organizations, for purposes of litter cleanup activities, source reduction and recycling efforts, educational and litter prevention programs, and other programs to mitigate the environmental impacts of single -use carryout bags. (B) Mitigation projects relating to stormwater pollution, including devices to prevent single -use carryout bag litter from entering storm drain systems. (C) Reusable bag giveaway programs, including those targeting low-income residents. (c) To receive these funds, a city, county, or city and county shall fill out and return a funding request form to the board. The 97 056 AB 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —10— form shall specify the activities to prevent and reduce the litter and environmental impacts of single -use carryout bags for which the funds will be used. Jurisdictions may also jointly fill out a funding request for the purposes of pooling their funds. (d) The board shall annually prepare and distribute a funding request form to each city, county, or city and county. The form shall specify the amount of funds for which the jurisdiction is eligible. The form shall not exceed four double -sided pages in length, and may be submitted electronically. If a city, county, or city and county submits the funding request form and the board deems that the proposed projects meet the funding purposes specified in subdivision (b), the board shall distribute the funds on a per capita basis as defined in subdivision (e). If a city, county, or city and county does not return the funding request form within 120 days of receipt of the form from the board, the city, county, or city and county is not eligible to receive the funds for that funding cycle. (e) For the purposes of this section, per capita population shall be based on the total population of the incorporated area of a city and the unincorporated area of a county. (f) The revenues deposited in the Bag Pollution Fund that are generated from the fee imposed pursuant to this chapter shall not be expended for activities unrelated to the prevention or reduction of litter or the environmental impacts of single -use carryout bags. (g) If a city, county, or city and county prohibits the use of all single -use carryout bags, including green carryout bags, and no fees are collected pursuant to Section 42252.5 within that jurisdiction, that city, county, or city and county shall not be eligible for grant funds pursuant to this section. SEC. 8. Section 42253 of the Public Resources Code is amended to read: 42253. The manufacturer of a single -use carryout bag shall develop educational materials to encourage the reducing, reusing, and recycling single -use carryout bags and shall make those materials available to stores required to comply with this chapter. SEC. 9. Section 42254 of the Public Resources Code is amended to read: 42254. (a) The Legislature finds and declares that all of these are matters of statewide interest and concern: 97 051 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 _11— AB 87 (1) Requiring a store to collect, transport, or recycle plastic carryout bags. (2) Imposing a plastic carryout bag fee upon a store. (3) Requiring a store to conduct auditing or reporting with regard to plastic carryout bags. (b) Unless expressly authorized by this chapter, a city, county, or other public agency shall not adopt, implement, or enforce an ordinance, resolution, regulation, or rule to do any of the following: (1) Require a store that is in compliance with this chapter to collect, transport, or recycle plastic carryout bags. (2) Impose a single -use carryout bag fee upon a store that is in compliance with this chapter. (3) Require auditing or reporting requirements that are in addition to what is required by subdivision (d) of Section 42252, upon a store that is in compliance with this chapter. (c) This section does not prohibit the adoption, implementation, or enforcement of any local ordinance, resolution, regulation, or rule governing curbside or drop off recycling programs operated by, or pursuant to a contract with, a city, county, or other public agency, including any action relating to fees for these programs. (d) This section does not affect any contract, franchise, permit, license, or other arrangement regarding the collection or recycling of solid waste or household hazardous waste. SEC. 10. Section 42256 of the Public Resources Code is repealed. SEC. 11. Section 42256 is added to the Public Resources Code, to read: 42256. On or before January 1, 2012, and biennially thereafter, the board, in coordination with the State Water Resources Control Board,'' c._._ n___..____ Board, the regional water quality control boards, and stakeholders, shall submit a report to the Legislature regarding the effectiveness of this chapter. The report shall also include recommendations to further encourage the use of reusable bags by consumers and retailers and to reduce the consumption of single -use carryout bags, including, at a minimum, the following: (a) Expanding the definition of stores that are subject to this chapter to all other stores and retail establishments distributing single -use carryout bags, including the retail establishments specified pursuant to subdivision (b) of Section 42251. 97 V J v AB 87 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 —12— (b) Increasing the fee imposed pursuant to Section 42252.5 to increase this chapter's effectiveness. SEC. 12. Section 42257 of the Public Resources Code is repealed. SEC. 13. Section 42257 is added to the Public Resources Code, to read: 42257. (a) Except as otherwise provided by this chapter, the board shall administer and enforce this chapter. (b) The State Board of Equalization shall administer and collect the Bag Pollution Cleanup Fee pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). (c) The State Board of Equalization may adopt rules and regulations to carry out this chapter, including, but not limited to, provisions governing collections, reporting, refunds, and appeals. (d) (1) The Bag Pollution Cleanup Fee shall be due and payable quarterly on or before the 25th day of the month following each calendar quarter. (2) Payments shall be accompanied by a form, as prescribed by the State Board of Equalization, including, but not limited to, electronic media. (e) The State Board of Equalization may require the payment of the fee for other than quarterly periods. 7 97 UJU MONTHLY REPORT MAY, 2009 PROJECT: MEMBRANE TREATMENT UPGRADE OF THE CANYON FILTRATION PLANT PAYMENTREQUEST: PROJECTNO.: WVF-207 $36,223,997.62 AMOUNT TO ESCROW GENERAL CONTRACTOR: SSC CONSTRUCTION INC. 99.20% DESIGN ENGINEER: BLACK & VEATCH INC. CONSTRUCTION MANAGER: BLACK & VEATCH, INC. PROJECT CONTRACT AMOUNT: $35,905,500.00 $36,515,702.14 EXTRA DAYS CHANGE ORDERS TO DATE: $100,642.76 10 Approved July 23, 2007 $164,975.54 14 Approved Sept 24, 2007 $57,261.33 4 Approved Nov 26, 2007 $22,693.21 0 Approved Feb 25, 2008 $9,454.31 24 Approved July 28, 2008 $90,761.23 2 Approved Oct 27, 2008 $71,407.91 34 Approved Jan 26, 2009 $93,005.85 0 Approved Feb. 23, 2009 Be MONTHLYACTIVITIES Construction progress meetings were held May 7 and May 21 Total CO's $610,202.14 As of 05/21/09 Landscapers onsite installing plantings (1.70% over bid price) Plant operators' in training Subcontractor TSI setting up WTP SCADA; Integrity Engineering doing SCADA integration work Plant testing and calibrating under ray, Siemens onsite testing membranes SSC installing area drains Department of Public Health reviewing application for Operating Permit Dedication Jun 8, 2009 APRIL PROGRESS PAYMENTREQUEST: $97,253.34 TOTAL PAID TO DATE $36,223,997.62 AMOUNT TO ESCROW $2,109,259.11 PROJECT PERCENT COMPLETE 99.20% r� Ra. USA 8 SA INFORMATIONAL ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES r, 1 DATE: MAY 26, 2009 1 SUBJECT: DROUGHT TOLERANT LANDSCAPE SHOWCASE PROJECTS RECOMMENDATION No action required. This report is for information only. BACKGROUND San Gabriel Valley Municipal Water District (SGVMWD), the primary replenishment water provider for the City of Azusa, recently approved up to $50,000 in funding for Drought Tolerant Landscape Showcases throughout the City of Azusa. The primary purpose of these showcase projects is to provide examples of drought tolerant landscaping for the citizens and businesses within the City of Azusa. Four sites were selected for the showcase projects for their ability to represent typical residential or business landscapes. The locations are the Azusa Chamber of Commerce, the planter area in front of the Light and Water building, the Gateway Center at the mouth of Azusa Canyon and the new Memorial Park Gymnasium. Each project will take approximately 2 to 4 weeks to complete with work starting later this month. Each location will provide an educational experience through the use of plaques and guides for each of the plant types, tips for creating a drought tolerant landscape plan, and description of the irrigation equipment used. Our goal is to demonstrate the beauty of a drought -tolerant garden. Attached are pictures of typical drought tolerant plants to be used in the demonstration gardens. 061 77 FISCAL IMPACT There is no net fiscal impact as a result of these projects. Prepared by: Paul Reid, Business Development/Public Benefit Programs Coordinator 062 C j;A - 7- i TM,71 141 fl -1: I Terra Form' scope Company Echeveria 'Agavuides' Echeveria `Secunda' Echeveria 'Elegaws' Pennisetum Setaceum Echeveria 'Imbricata' I Tema Form • 466 Foothill Blvd. Suite 343 • La Canada • Califomia • 91011 • 818.252.6401 • w .tflmd.com • License H 727623 2 oft 14 p-3. AZUSA INFORMATION ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL FROM: JOSEPH F, HSU, DIRECTOR OF UTILITIES DATE: MAY 26, 2009 ` SUBJECT: CALIFORNIA MUNICIPAL RATES GROUP (CMRG) ELECTRIC RETAIL RATE COMPARISON Attached for Board information is the annual electric retail rate comparison prepared by the CMRG. The comparison shows that Azusa's retail rates continue to compare favorably to other California utilities' retail rates in 2009. MR: Expected 2009 Rates.ppt 06,5 Expected 2009 Average Residential Rate In $/KWh Last Update: May 5, 2009 SCE 0.189, SDG&E 0.181 PG&E 0.176 Lodi XMWAMMWWMW 0.177 Glendale 0.170 MID 0.163 Merced ID 0.160 Riverside 0.158 Pasadena 0.150 Turlock ID 0.146 IID awa 0.134 Burbank 0.131 Alameda 0.125 Lom poo 0.123 Anaheim 0.122 Azusa 0.120 Roseville 0.120 LADWP 0.116 Palo Aho 0.115 SMUD 0.103 Redding 0.103 Santa Clara MCI 0.090 J 5/20/2009 no t Expected 2009 Average Commercial Rate In $/KWh Last Update: May 5, 2009 SDG&E 0.165 SCE 0.173 PG&E 0.168 Glendale w0.176 Riverside 0.164 Lodi 0.162 Merced ID 0.148 Pasadena 0.138 Lompoc 0.137 Burbank 0.135 Santa Clara 0.132 MID 0.130 Alameda 0.129 Turlock ID 0.129 IID 0.129 Azusa 0.124 Anaheim 0.123 LADW P 0.119 Palo Alto 0.109 Roseville 0.107 SMUD 0.102 , 5/20/2009 067 2 Ill 5/20/2009 of Expected 2009 Average Large Commercial/Industrial Rate In $/KWh Last Update: May 5, 2009 SDG&E u 0.154 SCE 0.125 PG&E 0.137 Gendale 0.152 Pasadena as 0.124 Burbank 0.120 Alameda 0.114 Lodi 0.113 Merced ID 0.109 Lompoc 0.107 Anahelm 0.107 Riverside 0.107 Azusa 0.106 Turlock ID apsaino 0.106 Palo Alto 0.100 LADW P 0.096 Redding 0.092 MID D.091 SMUD 0.091 Santa Clara 0.096 Roseville 0.050 i t Y Expected 2009 Average Syatem Revenue Per KWh In $/KWh Last Update: May 5, 2009 .SDG&E r6'JiR 6.167 PG&E 0.152 Gendale - 0.164 Lodi 0.153 Pasadena 0.137 Riverside 0.136 R.Cucamonga 0.134 IID 0.131 Burbank 0.131 MID 0.129 State Avg` 0.128 Alameda 0.126 Lompoc anisna 0.125 Merced ID 0.124 Turlock iD 0.124 Azusa 0.121 LADW P 0.117 Anaheim 0.116 Redding 0.109 Palo Aho 0.108 SMUD 0.107 Roseville 0.104 Santa para 0.087 5/20/2009 w,