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Home My WebLink AboutAgenda Packet - March 27, 2006 - UBAGENDA REGULAR MEETING OF AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL AZUSA LIGHT & WATER MONDAY, MARCH 27, 2006 729 N. AZUSA AVENUE 6:30 PM AZUSA, CA 91702 AZUSA UTILITY BOARD DIANE CHAGNON CHAIRPERSON DAVE HARDISON VICE CHAIRPERSON KEITH HANKS BOARD MEMBER JOSEPH R. ROCHA BOARD MEMBER ANGEL A. CARRILLO BOARD MEMBER 6:30 p.m. - Convene to Regular Meeting of the Azusa Utility Board and Azusa City Council • Call to Order • Pledge to the Flag • Roll Call A. PUBLIC PARTICIPATION (Person/Group 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.) 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 SPECIAL CALL ITEMS. 001 B. CONSENT CALENDAR Minutes. Recommendation: Approve minutes of regular meeting of February 27, 2006 as written. E &1. UB Feb Minutes.doc 2. Contract for Payment Stations with Western Union. Recommendation: Authorize Azusa Light & Water to contract with Western Union for selected local businesses to operate as payment locations for customers to pay their utility bills. B-2. Western Unbn Service.doc 3. Equifax Data Exchange Services and Programming Changes to Support Equifax Services Recommendation: Authorize Azusa Light & Water to join California Utility Exchange (CUE) operated by Equifax, and approve a proposal by Systems & Software to do necessary programming to connect to CUE for a cost not -to -exceed $20,000. 9 5. ra B-3. Equifax CUE. DOC Contract with Robert Brkich Construction Corporation. contract with Robert Brkich Construction Corporation for Pipeline B, in. amount of $145,200. B-4. Pipeline B Const. Contract.doc Recommendation: Approve construction water main installation, Project W-199, Notice of Completion: Azusa Substation 12 kV Protection Relay Recommendation: Approve Notice of Completion for improvement project to modify and refurbish Azusa Substation 12 kV protection relays. E B-5. NOC-Prot. Relay Proj.doc Mutual Assistance Agreement. Recommendation: Authorize Mayor to execute California of Utilities Emergency Association's Mutual Assistance Agreement that covers electric and natural gas utilities in California. B-6. Mutual Assistance Agreerren 002 ,;,` 2. Monthly Power Resources Update E D2. Power Res Update.ppt 3. San Juan Fuel Cost Adjustment (FCA) for 21 Quarter of 2006 WWII I 63. San Juan FCA I.doc 4. Legislative Report E D-4. legislative Report.doc E. DIRECTORS' COMMENTS F. CLOSED SESSION I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(x) PG&E, SCE, and California Electricity Oversight Board v. Governmental Entities including the City of Azusa Case No. 2:06-CV-00559-MCE-KJM 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(a) SDG&E v. Governmental Entities including the City of Azusa Case No. 2:06 -CV -005 -92 -WBS -DAD" G. ADIOURNMENT Adjournment. %n compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 616-8/1-5229. Not/r tion 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 " ii- Q, 7. Purchase of Ford F650 Service Truck from Downtown Ford Sales. Recommendation: Waive formal bidding procedures and award purchase of a Ford F650 service truck to Downtown Ford Sales under California Multiple Awards Schedule (CMAS) in amount of $97,799.92 including tax, delivery, and discount. Cal B-7. CMAS Purch Svc Truck doc 8. Purchase of Ford F650 Dump Truck from Downtown Ford Sales. Recommendation: Waive formal bidding procedures and award purchase of a Ford F650 dump truck to Downtown Ford Sales under California Multiple Awards Schedule (CMAS) in amount of $61,309.38 including tax, delivery, and discount. B-8. CMAS Purch-Dump Trk doc C. SCHEDULED ITEMS Senate Bill 1554 (Bowen and Cox). Recommendation: Adopt a "support" position on SB 1554 and authorize Mayor to sign letter similar to one attached to be sent to bill authors, legislators, and members of Senate Energy, Utilities and Communications Committee. C-1. SB 1554. doc 2. Assembly Bill 2021 (Levine) - Energy Efficiency Mandate. Recommendation: Adopt an "oppose" position on AB 2021 and authorize Mayor to sign letter similar to one attached to be sent to bill authors, legislators, and members of Assembly Utilities Commerce Committee. C-2. AB 2021.doc D. STAFF REPORTS/COMMUNICATIONS FY 2005-06 3rtl Quarter Work Plan Update D-1. Work Plan Update 3Q FY 06. doc 3 003 CITY OF AZUSA MINUTES OF THE REGULAR MEETING OF THE AZUSA UTILITY BOARD AND JOINTLY WITH AZUSA CITY COUNCIL MONDAY, FEBRUARY 27, 2006 - 6:30 P.M. The Utility Board Members of the City of Azusa met in regular session, at the above date and time in the Azusa Light and Water Department located at 729 N. Azusa Avenue, California. Chairperson Chagnon called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: BOARDMEMBERS: HARDISON, CARRILLO, ROCHA, CHAGNON ABSENT: BOARDMEMBERS: HANKS * (entered meeting during Special Call) ALSO PRESENT: Also Present City Attorney Ferre, Director of Utilities Hsu, Assistant to the Utilities Director Kalscheuer, Assistant Director of Resource Management Tang, Assistant Director of Water Operations Anderson, Assistant Director of Customer Care and Solutions Vanca, City Manager Delach, Economic Development Director Coleman, City Clerk Mendoza, Deputy City Clerk Toscano. Public Participation Pub Part None None The CONSENT CALENDAR consisting of items B-1 through B-12 was approved by motion of Consent Cal. Board Member Hardison, seconded by Board Member Carrillo unanimously* carried with the Appvd B-3 exception of items B-3, which were considered under the Special Call portion of the Agenda. Spec Call . The Minutes of the special/regular meeting of January 23, 2006, were approved as written.. Min appvd 2.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SETTING Res. 06-C12 CERTAIN RESERVE POLICIES FOR THE UTILITIES DEPARTMENT. Reserve Pol 3. SPECIAL CALL ITEM. Spec Call 005 4. A RESOLUTION OF THE AZUSA UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, Res. 06-C13 AMENDING THE SCHEDULE OF CHARGES INCLUDED IN AZUSA LIGHT & WATER'S RULES MilitaryFam AND REGULATIONS GOVERNING ELECTRIC AND WATER SERVICES. (To Implement Relief Act California Military Families Financial Relief Act). 5. Authorization was given to amend blanket purchase order with Apple One in an amount Amend P.O. not -to -exceed $50,000 for fiscal year ending June 30, 2006. Apple One 6. A RESOLUTION OF THE AZUSA UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, Res. 06-C14 AMENDING THE SCHEDULE OF CHARGES INCLUDED IN AZUSA LIGHT 8 -WATER'S RULES Reduce Late AND REGULATIONS GOVERNING ELECTRIC AND WATER SERVICES. (To Amend Utilities Charge Department Rules and Regulations to Reduce Late Charge Threshold from $5 to $0.01). Threshold 7. Approval was given to purchase one new GE 12 kv circuit breaker to be used as a spare for Purchase new Azusa Substation from Southwest Power in the amount of $14,221.48. . Cir Break 8. Approval was given for the advertisement and solicitation of bids for Project W-199 to Bids Prj W 199 Install final portion of Pipeline "B" of spreading grounds wells project. 9. A RESOLUTION OF THE UTILITY BOARDD/CIN COUNCIL OF THE CITY OF AZUSA Res.06-C15 APPROVING A QUITCLAIM OF CERTAIN EASEMENTS AND DIRECTING THE NOTARIZATION Quitclaim THEREOF. (Quitclaim easements for various easements on former Monrovia Nursery Easements property). Mon Nur Prop 10. Notice of Completion for Project W-230, destruction of Genesis 1 Water Well was NOC destr approved, the project was accepted as complete and the City Clerk's Office was directed to Genesis Wtr have Notice of Completion executed and have same recorded at the Office of the Los Well Angeles County Registrar- Recorder. 11. Authorization was given to procure Standard Capacity Product from Coral Power In Standard fulfillment of city's resource adequacy obligations to California Independent System Capacity Operator (CAISO), and the Mayor was authorized to execute Confirmation Agreement upon Product finalizing terms and conditions. Coral Pwr 12. Notice of Completion for Outdoor Sign with LED Message Board was approved, the project NOC Outdoor was accepted as completed by Custom Signs, Inc., and the City Clerk was directed to have Sign Notice of Completion executed and have same recorded at the Office of the Los Angeles County Registrar -Recorder. Special Call Items Special Call Items Board Member Hardison addressed item regarding the office space to become available in the Hardison Light and Water Department with the termination of the lease agreement with the State of Comments California, requesting clarification of the use. Board Member Hanks entered the meeting at 6:30 p.m. Hanks ent Director of Utilities Hsu and City Manager Delach responded stating that the whole space would Response be utilized by a City Department, not designated yet, as there is a need for more office space. Hsu/Delach Moved by Board Member Hardison, seconded by Board Member Carrillo and unanimously carried Terminate to approve the termination of the Lease Agreement with the State of California. Staff was Lease Agmt authorized to notify State of California of City's intention not to renew lease agreement for office State of CA. space located in Suite 2-B of the Azusa Light and Water Building. 02/27/06 PAGE TWO MW 14 p Scheduled Items Sched Items Moved by Board Member Hanks, seconded by Board Member Hardison and unanimously carried Distribute to approve the distribution of CEQA documents for the new membrane water filtration plant and CEQA docs authorize the Director of Utilities to sign required notices. Wtr Filtn pint Staff Reports/Communications Staff Rpts Mr. Ashue Shirolkar of Black and Veatch, addressed the Board Members detailing Information on A. Shirolkar the upgrade and expansion of the Canyon Filtration Plant; he presented architectural renderings, Black & and stated that the objectives are to meet increased water demands and Increased water supply. Veatch Question and answer session ensued between Mr. Shirolkar, Staff and Board Members regarding Lengthy sidewalks, fencing, building structures, permits, cost comparison sand and membrane, waste Discussion material removal, existing water source, future water source, mosquito generation, odors, drought tolerant landscaping, setbacks, alternatives for roof materials (Director of Utilities Hsu advised that staff is looking into light weight tile roof and solar panels), and signage. Board Members expressed the following: look into the drought tolerant landscaping, check with Board Athens regarding hauling requirements, that renderings depict natural settings more accurately, Member look into putting shutters, trim, wood molding, around windows, etc., that colors selected for the Comments buildings blend with the surrounding neighborhood, no need to look like an army barracks, and make sure meeting own standards for design criteria. Assistant to the Utilities Director Kalscheuer presented report on AB 2021 - Energy Efficiency C. Kalscheuer Programs, which is intended to reduce total, forecasted electrical consumption by 10% over the Comments next ten years, but the concern is the language which makes the Bill a State mandate which AB 2021 stipulates a penalty up to $0.03 per kilowatt hour. He also reported on AB 1839 and SB 1166, AB 1839 is sponsored by the Governor and intended to implement water component of his Strategic Growth Plan for California which enacts Flood Protection and Clean, Safe, Reliable Water Supply Bond Financing Acts of 2006 and 2010; SB 1 166 would also enact same, and both propose annual water resources capacity surcharge on retail customers. Director of Utilities Hsu added that the two Bills will most likely Impact Municipal entity; AB 1839 Dir of Util and SB 1 166 stating that the CPUC does require investment utilities to Invest a certain amount of Update on AB money into conservation and energy efficiency programs other than public benefits program, he 1839 & SB explained the program. He stated that the Governor's Statewide Infrastructure Initiative pertains 1 166 to flood control and water management. Bills have two phases, the first is to have a ballot measure in June to authorize State 3 billion dollar bonds to take care of infrastructure and in 2010 there will be another ballot measure to issue another 6 million dollar bonds to take care of water and flood control infrastructures. The item that will impact all water purveyors, Is one of the bills that will require all the retail customer to pay for infrastructure surcharge. He presented an example. He stated that the Bill is wide open, with lack of accountability and without legal authority. He stated that he will have a conference call with CMUA and come back to Council if there is a need. Board Member Hanks advised that he would/should bring this issue up at the Energy Taskforce Hanks currently with SCAG, due to the implementation of a 17% surcharge in the billing of Azusa Comment residents, to him that's a tax. Assistant Director of Resource Management Tang presented the Monthly Power Resources Monthly Pwr Update noting that stating that wholesale natural gas and power markets experienced a dramatic Resource reduction in the past two month due to the warmest winter on record, reducing about 20°k Update price of energy consumption. 02/27/06 PAGE THREE 007 Director's Comments None. Dir Com None Chairperson Chagnon asked if anyone is interested In attending the APPA Conference in Chicago Chagnon in June and advised them to let Utilities Director Hsu know. Comment Board Member Rocha commented that he has noticed Mr. Coleman in the downtown area with Rocha several people, which may be interested in the area. Comments The Utility Board Members recessed to Closed Session at 7:26 to discuss Closed Sess the following: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Gov. Code Sec. Conf w/legal 54956.9, One Potential Case. Counsel The Utility Board reconvened at 7:28 and there was no reportable action. No Reports The City Council and Utility Board, meeting jointly, recessed to Closed Joint Closed Session at 7:29 p.m. to discuss the following: Session Item 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Gov. Code Sec. Conf w/legal 54956.9(a). Goode v. Malloy, City of Azusa, et al. Case No. KC047056 R Counsel 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Gov. Code Conf w/legal 54956.9(c) One Potential Case Counsel The City Council/Utility Board reconvened at 8:00 p.m. and there was no No Reports reportable action. It was consensus of Utility Board Members and the City Council to adjourn. Adjourn TIME OF ADJOURNMENT: 8:05 P.M. SECRETARY Next Resolution No. 06-C16. 02/27/06 PAGE FOUR M1: TO: FROM: DATE: SUBJECT: A713 am , USAu CONSENT CALENDAR HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL JOSEPH F. HSU, DIRECTOR OF UTILITIES MARCH 27, 2006 CONTRACT FOR PAYMENT STATIONS TO WESTERN UNION RECOMMENDATION It is recommended that the Utility Board/City Council authorize Azusa Light & Water to contract with Western Union for selected local businesses to operate as payment locations for Azusa Light & Water customers to pay their utility bills. BACKGROUND Western Union offers a convenient payment option that could benefit Azusa Light & Water customers who want to pay by cash, check, or money order. Customers would be able to pay at various authorized local businesses where Western Union services are provided. Cost to the customer is $1.00 per transaction. The only cost to Azusa Light & Water would be the bank charges for return check processing fees. This payment option would give our . customers additional locations and hours to pay their utility bills. Azusa Light & Water would inform customers of the authorized locations and these businesses would post a sign that they are authorized to accept payments for Azusa Light & Water. Upon presenting their payment stub and cash, check, or money order payment, the customer would be given a receipt by the payment station. At midnight each day payment information would be transmitted to Light & Water's Customer Information System and posted to customer accounts. Western Union would deposit payments to their account and electronically pay Light & Water's bank account. Any returned checks would be processed normally and Light & Water would be billed for the bank charges. There are currently three convenient locations in Azusa that offer Western Union service and could be authorized to provide utility payment collection services for Light & Water — H&J CheckCashing, Platinum Check Cashing, and Service Annex Checking. Azusa Light & Water has identified ten additional locations to be approached by Western Union to offer payment services to serve Azusa Light & Water customers. If these businesses agree to represent Western Union, all areas of our service territory would be covered. I The service agreement has been reviewed by Azusa's legal representative, Best Best R Krieger. FISCAL IMPACT Western Union estimates the cost of return check processing fees for Azusa to be less than $20.00 per month. Prepared by: Karen Vanca, Assistant Director Customer Care & Solutions 010 ADDITIONAL PROPOSED PAYMENT LOCATIONS 99 Cent Only Store Payday Loan/Western Union 321 N Vincent Avenue, Covina 307 N Citrus Avenue, Azusa 788 E Alosta, Azusa 150 W Arrow Highway, Covina 437 N Vincent Avenue, Covina SavOn . 101 W Foothill, Azusa 1788 S Barranca, Glendora 367 N Citrus, Azusa Rite Aid/Western Union Gigante Market Albertson's La Flor de Mexico King Ranch Market Superior Market Valleydale Market 153 E Gladstone, Azusa 960 W Arrow, Covina 1000 N Azusa Avenue, Covina 495 E Gladstone, Azusa 150 W 9"', Azusa 1379 N Citrus, Covina 5210 N Clydebank, Azusa Oil CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES� DATE: MARCH 27, 2006 SUBJECT: EQUIFAX DATA EXCHANGE SERVICES AND PROGRAMMING CHANGES TO SUPPORT EQUIFAX SERVICES. RECOMMENDATION It is recommended that the Azusa Utility Board/City Council: (1) authorize Azusa Light & Water to join the California Utility Exchange (CUE) operated by Equifax, and (2) approve a proposal by Systems and Software to do the necessary programming to connect to the CUE for a cost not -to -exceed $20,000. BACKGROUND Azusa Light & Water's write-offs have been steadily rising. In each of the past two years write-offs were approximately $117,000 and with the transition this year to our new Customer Information System they are expected to exceed $158,000. We anticipate write- offs to climb further in 2005-06 as we strive to collect unpaid closed account bills lingering from the current fiscal year. A big challenge in collecting from these customers is locating them. They often move without providing a forwarding address. Azusa Light & Water has used Equifax to check the credit ratings of new utility account applicants since January 2001. If customers pass a certain minimum score their prepayment is waived. Equifax has another product that we believe would be beneficial to us -- the California Utility Exchange or CUE. It is part of a nationwide data sharing network and while California law currently prohibits utilities within the State to go beyond California boundaries, our participation is likely to result in more collections. The CUE is a member -owned database housed and managed by Equifax, a leading provider of consumer financial information. Membership is available to any of the State's telecommunication and utility companies. Joining the CUE permits members to transmit to Equifax their new applicant information to the central database. Other utilities that had a customer leave without paying their bill may find that the customer matches once they try to sign up for service in another member's jurisdiction. 012 In this way, if a customer moves from Azusa to another in-state CUE member's service area, we could get their new address for skip -tracing. Other California utility members include: City of Long Beach, Sacramento Municipal Utility District, Southern California Edison, City of Glendale, PG&E, Los Angeles Department of Water & Power, City of Anaheim, Southern California Gas Company, and others. Based on experience, Equifax projects we would get a 35% match rate and could probably collect 20-30% of these. We keep 100% on the accounts we collect in-house; if they are collected by the collection agency we receive only 72%. We would be able to send the closed accounts we are unable to collect to a collection agency with good addresses, increasing their ability to collect for us. This was approved by the Azusa Utility Board/City Council in early 2003, however, it was not implemented due to other system scheduling priorities. FISCAL IMPACT There is a one-time Systems and Software programming cost to set-up for the file transfers not -to -exceed $20,000 and a $350 monthly charge to Equifax for batch data submissions to the CUE. These have been budgeted in account 31-40-711-903-6493. Prepared by: Karen Vanca, Assistant Director Customer Care & Solutions 013 CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: MARCH 27, 2006 SUBJECT: CONSTRUCTION CONTRACT WITH ROBERT BRKICH CONSTRUCTION CORP. - TO COMPLETE THE INSTALLATION OF WATER MAIN INSTALLATION, PROJECT W-199, PIPELINE B RECOMMENDATION It is recommended that the Utility Board/City Council approve a Construction Contract with Robert Brkich Construction Corp. in the amount of $145,200 to provide construction services to complete Project W-199, Pipeline B. BACKGROUND In 2001, Azusa Light & Water entered into an Agreement with the Los Angeles County Public Works Department for the shared cost to construct two wells that would be owned and operated by Azusa Light & Water. For approximately 3 months semiannually, the wells would be used to deliver water to the San Gabriel River Water Committee Canal (C of 9) in order to mitigate the adverse impacts to the River water supply caused by the County's plans to sluice and remove debris from behind the Morris and San Gabriel Dams. The general contractor on the Well project (Layne) was able to complete the drilling and development of the wells, construction of all of Pipeline A and part of Pipeline B up to the City of Pasadena property line east of the Canyon Water Treatment Plant. Completion of Pipeline B requires crossing Pasadena property to reach the Conduit afterbay at the Pasadena powerhouse. Since February of 2001, the City of Azusa and its consultants have proposed various alternatives for crossing the Pasadena property to the City of Pasadena, but the negotiations took an inordinately long time to reach fruition. The easement was granted by the City of Pasadena and was accepted by the City Council at the September 26, 2005 meeting. Bids for this project were accepted by the City Clerk on March 20, 2006, and the bidders were: 014 Brkich Construction, $145,200; Salazar Construction, $156,938.44; and Engineered Plumbing, $242,000. FISCAL IMPACT Because Pipeline B costs are to be reimbursed 100% by the Los Angeles County Public Works Department, this action has no ultimate fiscal impact to the City of Azusa. However, until reimbursement has been made, the project will initially be funded in the amount of $145,200 by Azusa Light & Water from Acct. 32-80-000-721-7145/72101 P-7145. Prepared by: Chet Anderson, Assistant Director- Water Operations 015 AZUSA mnaa•em CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIE.SI } DATE: MARCH 27, 2006 SUBJECT: APPROVE NOTICE OF COMPLETION - CAPITAL IMPROVEMENT PROJECT TO MODIFY AND REFURBISH THE AZUSA SUBSTATION 12kV PROTECTION RELAYS RECOMMENDATION It is recommended that the Utility Board/City Council approve the attached Notice of Completion for the improvement project to modify and refurbish Azusa Substation 12kV protection relays. BACKGROUND On April 25, 2005, the Azusa Utility Board awarded a contract to Electrical Systems Engineering Company to modify and refurbish the existing Azusa Substation 12kV protection relays. This project was completed as of March 9, 2006, and the total cost in was within the contract budget as originally awarded. FISCAL IMPACT No fiscal impact for approving Notice of Completion. Prepared by: F. Langit, P.E., Senior Electrical Engineer 0 NOC-Azusa Sub Relay.pdf 016 RECORDING REQUESTED BY City Clerk Office AND WHEN RECORDED MAIL TO: r City of Azusa NAME STREET 213 E. Foothill Blvd. ADDRESS Cm. STATE S Azusa, CA 91702 ZIP CODE L SPACE ABOVE THIS LINE FOR RECORDER'S USE 1NP�,1 1,11!6®t�V/®®A1 ��/OX'' I I ilS�SVU✓��0��Uil�t.��/1!/U�/A\�li��\\��yA��k��!/��9Q��y�U��O�� NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City Of 3. The full address of the owner is 213 E. Foothill Boulevard, Azusa CA 917();> 4. The nature of the interest or estate of the owner is: In fee. IIF OTMER TNAN FEE, STRIFE SIN FEE' AND INSERT. FOR E%AMME, -RURCNASER UNDER CONTRACT OF PURCHASE,' OR "LESSEE-) 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full. names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on March 9, 2006 The work done was: Modify and refurbish Azusa Substation 12 kV protective relays 8. The name of the contractor, if any, for such work of improvement was Electrical Systems Engineering Co April 25, 2005 (IF NO CONTRACTOR FDP WORK OF IMPROVEMEM As A wHOLE, INSERT NONE'I (DATE OF CONTRACT) 9. The property on which said work of improvement was completed is in the City of Azusa Countyof Los Anqeles Stateof CA ,and isdescribed asfollows: Modify and refurbish Azusa Substdtion 12 kV protective relay 10. The street address of said property is 809 N. Angeleno Avenue, Azusa, CA 91702 IIF NO STREET ADDRESS HAS 9EEN OFFICIALLY ASSIGNED, INSERT -NONE-.1 Dated: March 27, 2006 ISIGNATUPE OF OWNER OR CORPORATE OFFICER OF OWNED NAMED IH PARAGRAPH OP M15 AGENTI VERIFICATION I, the undersigned, say: I am the Mayor the declarant of the foregoing notice of completion; I TRESIDFM OF', 'MANAGER OF', 'PARTNER OF', `01 OF' , EEC.) I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at (Cru) Is ATE1 IPE0.50NAL SIGNATURE OF THF INDIVIDUAL WNO IS SWEARING THAT THE CONTENTS OF THE NOTICE DF COMMET N ARE TRUE.I WOLCOTTS FOIPM 1114 - Rev. 0.94 (price dev 3A) NOTICE OF COMPLETION - 01994 WOLCOTTS FORMS. INC. (See reverse side for additional Information) 017 7 67775 7 I'll 39114 I �I III III 5 AZUSA CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: MARCH 27, 2006 SUBJECT: MUTUAL ASSISTANCE AGREEMENT RECOMMENDATION It is recommended that the Utility Board/City Council authorize the Mayor to execute, on behalf of City of Azusa, the California Utilities Emergency Association's (CUEA) Mutual Assistance Agreement that covers electric and natural gas utilities in California. BACKGROUND One of the 2005 goals identified by the Southern California Public Power Association's Transmission, Distribution, Engineering and Operations Committee was to recommend a mutual aid agreement that would include the SCPPA Utility Members in event of a future emergency. The committee members 'reviewed and compared several agreements before deciding on the CUEA agreement as the most complete and up-to-date agreement available. The agreement provides an outline for members to request or provide mutual aid in the event of a local or state emergency. A utility's response to a member's request for mutual aid is on a voluntary basis. The CUEA operates the Utilities Branch of the Governor's Office of Emergency Services and activates the Utilities Emergency Operations Center during emergencies to provide information and support to California's utilities during response, restoration, and recovery efforts. Currently, there are at least 20 other California utilities that are parties to the CUEA Mutual Assistance Agreement including: Anaheim, Riverside, LADWP, SCE, SDG&E PG&E, to name a few. i s. FISCAL IMPACT There is no fiscal impact beyond our current annual CUEA due of $500. In the event of an emergency, the cost would depend on the level of assistance we required. Prepared by: David Ramirez, Assistant Director — Electric Operations Attachment: CUEA Agreement. pdf 019 FISCAL IMPACT There is no fiscal impact beyond our current annual CUEA membership dues of $500. In the event of an emergency, the cost would depend on the level of assistance we required. Prepared by: David Ramirez, Assistant Director — Electric Operations Attachment: 9 CUEA Agreement. pdf M1 C U EA CALIFORNIA UTILITIES EMERGENCY ASSOCIATION Statewide Integrated Emergency Management l':, Frxi]IA L n1.nIis [ARA1.LC1'1' A.NNN 1A1'IM hl HISTORY The Governor of California originally charted the California Utilities Emergency Association in 1952 as part of the State's Civil Defense Plan. The Association was created by a Joint Powers Agreement to represent California utilities on utility emergency -related issues. PURPOSE The California Utility Emergency Association provides a shucture for efficient communications and coordination among government agencies, public and private utilities throughout the state. The Association's activities focus on emergency related response, restoration, operational and business continuity for gas, electric, water, wastewater, telecommunications and pipeline utilities in California. FUNDING The Association is funded primarily by member utilities VISION STATEMENT To achieve statewide integrated utilities emergency preparedness, response, and recovery capabilities through comprehensive and aggressive planning, training, education, representation and coordination between member utilities and government agencies. STRATEGIC GOALS • Enhance member's disaster planning, response and recovery capabilities • Provide information on disaster planning, response, and recovery, and enhance educational opportunities for members • Enhance representation and coordination for members on emergency related issues • Increase and diversify membership and numbers of actively participating members 3650 Schriever Avenue, Mather, California 95655 Phone (916) 845-8518 www.cueainc.com 021 MUTUAL ASSISTANCE AGREEMENT (Electric and Natural Gas) Au • MEMBERS OF THE CALIFORNIA UTILITIES EMERGENCY ASSOCIATION 022 SECTION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 9105 TABLE OF CONTENTS TITLE DEFINITIONS PARTIES............................................................................ RECITALS........................................... I.............................. SCOPE OF ASSISTANCE ................................................. PAYMENT...................................................:..................... AUDIT AND ARBITRATION ........................................... TERM AND TERMINATION ........................................... LIABILITY......................................................................... GOVERNING LAW........................................................... AUTHORIZED REPRESENTATIVES .............................. ASSIGNMENT OF AGREEMENT.. ................................ WAIVERS OF AGREEMENT .............................. I .......... , ENTIRE AGREEMENT .................................................... AMENDMENT.................................................................. NOTICES........................................................................... ATTACHMENTS.............................................................. SIGNATURE CLAUSE ................................................... PAGE ATTACHMENT...................................................................... A-1 Parties to the Agreement ATTACHMENT B...............................................:...................... A-2 Names and Address of Authorized Representative(s)IInvoicing ATTACHMENT C ..................................................... I................ A-3 Custodianship of Agreement ATTACHMENT D...................................................................... A-4 Procedures for Requesting and Providing Assistance ATTACHMENT E.............................................................. I........ A-5 Procedures for Deactivation of Assistance ATTACHMENT F....................................................................... A-6 Request for Assistance Letter ATTACHMENTG...................................................................... A-7 Invoice CUEA Mutual Assistance Agreement 7 023 0. DEFINITIONS As used herein, unless otherwise indicated, the following terms are defined as set forth below. 0.1 Activation: The initiation of the Assistance and administrative process of this Agreement including: request for Assistance, assessing and communicating the scope of assistance request, assessing and communicating the resources available for Assistance, activation procedures, mutual assistance coordination, and other processes and procedures supporting the Mobilization of Assistance resources. 0.2 Assistance: Includes all arrangements and preparation for and the actual mobilization of personnel, material, equipment, supplies and/or tools or any other form of aid or assistance, including all related costs and expenses as set forth in this Agreement, provided by an Assisting Party to a Requesting Party, from the time of the official authorization by the Requesting Party and including the return and demobilization by an Assisting Party of its personnel and equipment, also as set forth in this Agreement. 0.3 Deactivation: The termination of the Assistance and administrative process including: notification of Deactivation, Demobilization planning, identification of applicable costs, processes and procedures supporting Demobilization of resources, provide for invoicing, audit, critique information, and closure of the Assistance. 0.4 Demobilization: The actual returning of all Assistance resources to the Assisting Party's normal base. 0.5 Emergency: Any unplanned event that, in the reasonable opinion of the Party to this Agreement, could result, or has resulted, in (a) a hazard to the public, to employees of any Party, or to the environment; (b) material loss to property, or (c) a detrimental effect on the reliability of any Party's electric or natural gas system. The Emergency may be confined to the utility infrastructure or may include community -wide damage and emergency response. An Emergency may be a natural or human caused event. 0.6 Mobilization: The actual collecting, assigning, preparing and transporting of all Assistance resources. 0.7 Mutual Assistance Liaison: The person(s) designated by the Requesting Party, and Assisting Party, to coordinate all administrative requirements of the Agreement. 9/05 CUEA Mutual Assistance Agreement 024 0.8 Natural Gas or Gas: The term "natural gas" as used in this Agreement shall include all commercially available forms of natural gas including Synthetic Natural Gas. 0.9 Operations Liaison: As described in Section 3.18, the person or persons designated by the Requesting Party to provide direct contact, communications and coordination at the operations level for Assisting Party's crews and resources at the location of the assistance. This may include but is not limited to: contact and communications for assisting crews, safety information processes and procedures, ensuring coordination of lodging and meals, addressing issues of Equipment requirements, materials requirements, and other logistical issues necessary to ensure safe effective working conditions. 0.10 Qualified: The training, education and experience of employees completing an apprenticeship or other industry / trade training requirements consistent with Federal Bureau of Apprenticeships and Training, Department of Transportation Pipeline Safety Regulations, or other recognized training authority or regulation. Training and qualification standards and are the responsibility of the Requesting Party to evaluate, in advance, the acceptable level of qualification for trade employees (i.e. lineman, electrician, fitter, etc.). 0.11 Work Stoppages: Any labor disputes, labor union disagreements, strikes, or any circumstance creating a shortage of qualified labor for a company during a non- emergency situation. 9/05 CUEA Mutual Assistance Agreement 025 MUTUAL ASSISTANCE AGREEMENT (Electric and Natural Gas) PARTIES This Mutual Assistance Agreement (hereinafter referred to as "Agreement") is made and entered into effective September 15, 2005. Each Party is, and at all times it remains a Party, shall be a member in good standing of the California Utilities Emergency Association. Each of the parties that has executed this Agreement may hereinafter be referred to individually as "Party" and collectively as "Parties." The Parties to this Agreement are listed in Attachment "A" hereto. 2. RECITALS This Agreement is made with reference to the following facts, among others: 2.1 Certain of the Parties to this Agreement entered into a prior agreement ("Prior Agreement") dated January 15, 1999 to provide one another with mutual assistance. This Prior Agreement set forth procedures governing the requesting and providing of assistance in the restoration of electric and/or natural gas service. It is the intention of the Parties that this new Agreement, when signed by the Parties shall be effective for requesting or providing Assistance for the restoration of electric service following natural or man- made Emergencies which may occur on or after the date on which each of the Parties involved in the requesting or providing of Assistance signed this Agreement. Upon execution of this Agreement the Prior Agreement shall terminate, except that any rights or obligations which arose under the Prior Agreement shall remain unaffected by this new Agreement. Upon satisfaction of any such rights or obligations, the Prior Agreement shall be of no further validity or effect. 2.2 Being a Party to this Agreement does not by itself assure any Party that Assistance will be provided if, when or as requested. Each Party reserves the sole right to respond or not to respond to requests for Assistance on a case-by-case basis. By signing this Agreement, each Party thereby agrees that any Assistance which is received or given upon the request of a Party to this Agreement shall be subject to each and every one of the terms and conditions of this Agreement. 2.3 The Parties own, operate and maintain electric and/or natural gas utility facilities and are engaged in the production, acquisition, transmission, and / or distribution of electricity or natural gas. 9/05 CUEA Mutual Assistance Agreement 026 2.4 Each of the Parties operates and maintains their respective facilities within accepted industry practices and employs skilled and Qualified personnel to operate, repair and maintain such facilities according to such industry practices. 2.5 It is in the mutual interest of the Parties to be prepared to provide for Emergency repair and restoration to such services, systems and facilities on a reciprocal basis. The purpose of this new Agreement is to provide the procedures under which one Party may request and receive assistance from another Party. This new Agreement is also designed to allow a new Party to join in the Agreement by signing a copy of this Agreement following the giving of notice to the existing Parties pursuant to Section 6.3 of this Agreement. 2.6 Assistance for labor shortages due to Work Stoppages are beyond the scope of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties have mutually agreed effective on the date set forth on the signature page hereof and agree further as follows: SCOPE OF ASSISTANCE 3.1 In the event of an Emergency affecting the electrical generation, electrical or natural gas transmission, distribution, and/or related facilities owned or controlled by a Party, such Party ('Requesting Party") may request another Party ("Assisting Party") to provide Assistance. The Assisting Party shall, in its sole discretion, determine if it shall provide such Assistance. If the Assisting Party determines to provide Assistance, such Assistance shall be provided in accordance with the terms and conditions of. this Agreement. 3.2 Requests for Assistance maybe made either verbally or in writing by the Authorized Representative of the Requesting Party and shall be directed to the Authorized Representative of the Assisting Party. Authorized Representatives of the Parties are identified in Attachment `B" hereto and shall be updated upon any change in such Authorized Representative. Upon acceptance of a request for Assistance either verbally or in writing, the Assisting Party shall respond with reasonable dispatch to the request in accordance with information and instructions supplied by the Requesting Party. All requests for Assistance shall follow the procedures described in Attachment "D". The Requesting Party shall also follow the procedures set forth in Attachment `B" for Deactivation of Assistance. 3.3 The Requesting Party shall provide the Assisting Party with a description of the work needed to address the Emergency, with the most urgent needs 9105 CUEA Mutual Assistance Agreement 027 for Assistance addressed first. If the request is not based on a lack of resources, such information must be stated in the request. The Assisting Party shall use its reasonable efforts to schedule the Assistance in accordance with the Requesting Party's request. However, the Assisting Party reserves the right to recall any and all personnel, material, Equipment, supplies, and/or tools at any time that the Assisting Party determines necessary for its own operations. Any Requesting Party for whom an Operator Qualification (OQ) Program and/or Drug and Alcohol Program under 49 CFR Parts 192 and 199 respectively, is required should pre-screen the other Parties to this Agreement to determine which Parties have compatible regulatory agency accepted programs and may therefore be contacted for assistance. Parties to this agreement agree to make their programs and related records available for review to assist in the pre- screening. 3.4 The Requesting Party will provide the name and contact information for the person(s) designated as the Mutual Assistance Liaison(s), the Operations Liaison(s) described in Section 3.18, and person(s) to be designated as supervisory personnel to accompany the crews and . Equipment. The Assisting Party will provide the name(s) and contact information for the person(s) designated to be the Mutual Assistance Liaison and the Operations Liaison(s). 3.5 All Reasonable Costs and Expenses associated with the furnishing of Assistance shall be the responsibility of the Requesting Party and deemed to have commenced when the Requesting Party officially authorizes the Assisting Party to proceed with Mobilization of the personnel and Equipment necessary to famish Assistance, and shall be deemed to have terminated after Demobilization when the transportation of Assisting Party personnel and Equipment returns to the work headquarters, individual district office, or home (to which such personnel are assigned for personnel returning at other than regular working hours) is completed. For the purposes of this Agreement, a Requesting Party shall be deemed to have authorized the Assisting Party to proceed with Mobilization when the Requesting Party signs and submits a formal request to the Assisting Party, in a form substantially similar to that included as Attachment "F". If written information cannot be famished, a verbal confirmation will be acceptable, with a written confirmation to follow within 24 hours. The Parties hereto agree that costs arising out of inquiries as to the availability of personnel, material, Equipment, supplies and/or tools or any other matter made by one party to another prior to the Requesting Party authorizing the Assisting Party to proceed with Mobilization, as set forth in this Section 3.5, will not be charged to the potentially Requesting Party. 9/05 CUEA Mutual Assistance Agreement 3.6 For purposes of this Agreement, the term "Reasonable Costs or Expenses" shall be defined to mean those costs, expenses, charges, or outlays paid,or incurred by an Assisting Party in any approved phase of rendering Assistance to a Requesting Party pursuant to the provisions of this Agreement. Reasonable Costs or Expenses shall be deemed to include those costs and/or expenses that are appropriate and not excessive; under the circumstances prevailing at the time the cost or expense is paid or incurred. Reasonable Costs or Expenses may include, but are not limited to, direct operating expenses such as wages, materials and supplies, transportation, fuel, utilities, housing or shelter, food, communications, and reasonable incidental expenses, as well as indirect expenses and overhead costs such as payroll additives, taxes, insurance, depreciation, and administrative and general expenses. Notwithstanding the above, any such Reasonable Costs or Expenses shall continue to be subject to the provisions of Section 5 of this Agreement regarding Audit and Arbitration. 3.7 The Assisting Party and Requesting Party shall mutually agree upon and make all arrangements for the preparation and actual Mobilization of personnel, material, Equipment, supplies and/or tools to the Requesting Party's workarea and the return (i.e. Demobilization) of such personnel, material, Equipment, supplies and/or tools to the Assisting Party's work area. The Requesting Party shall be responsible for all Reasonable Costs or Expenses incurred by the Assisting Party for Mobilization and/or Demobilization, notwithstanding any early termination of such assistance by the Requesting Party. 3.8 Unless otherwise agreed upon in writing, the Requesting Party shall be responsible for providing food and lodging for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. The food and housing provided shall be subject to the approval of the supervisory personnel of the Assisting Party. 3.9 If requested by the Assisting Party, the Requesting Party, at its own cost, shall make or cause to be made all reasonable repairs to the Assisting Party's Equipment, necessary to maintain such Equipment safe and operational, while the Equipment is in transit or being used in providing Assistance. However, the Requesting Party shall not be liable for cost of repair required by the gross negligence, bad faith or willful acts or misconduct of the Assisting Party. 3.10 Unless otherwise agreed the Requesting Party shall provide fuels and other supplies needed for operation of the Assisting Party's vehicles and Equipment being used in providing Assistance. 9/05 CUEA Mutual Assistance Agreement 029 3.11 Unless otherwise agreed to by the Parties, the Requesting Party shall provide field communications Equipment and instructions for the Assisting Party's use. The Assisting Party shall exercise due care in use of the Equipment and return the Equipment to the Requesting Party at the time of departure in like condition; provided, however, if repairs are necessary the Requesting Party will be financially responsible unless such repairs are necessitated by the gross negligence, bad faith or willful acts or misconduct of the Assisting Party. 3.12 Employees of the Assisting Party shall at all times continue to be employees of the Assisting Party, and such employees shall at no time and for no purpose be deemed to be employees of the Requesting Party. 3.13 Wages, hours and other terms and conditions of employment applicable to personnel provided by the Assisting Party, shall continue to be those of the Assisting Party. 3.14 If the Assisting Party provides a crew or crews, it shall assign supervisory personnel as deemed necessary by the Assisting Party, who shall be directly in charge of the crew or crews providing Assistance. 3.15 All time sheets, Equipment and work records pertaining to personnel, material, vehicles, Equipment, supplies and/or tools provided by the Assisting Party shall be kept by the Assisting Party for invoicing and auditing purposes as provided in this Agreement. 3.16 No Party shall be deemed the employee, agent, representative, partner or the co -venturer of another Party or the other Parties in the performance of activities undertaken pursuant to this Agreement. 3.17 The Parties shall, in good faith, attempt to resolve any differences in work rules and other requirements affecting the performance of the Parties' obligations pursuant to this Agreement. 3.18 The Requesting Party and Assisting Party shall each provide an Operations Liaison to assist with operations, personnel and crew safety. These individuals shall be the link between the Parties and keep the crews apprised of safety, operational, and communication issues. 3.19 All work performed by the Parties under this Agreement shall conform to all applicable Laws and Good Utility Practices. 3.20 All workers performing work under this Agreement shall follow their own employer's established safety and other operation rules. Each Party will use its best reasonable effort to respect the safety and work practices of the 9/05 CUEA Mutual Assistance Agreement 030 other Party, and will at all times cooperate in the interest of the safety of both Parties. Where it is not possible for both Parties to safely and independently follow their own safety and work practices, field personnel will discuss and mutually agree upon the safety and work practices for both Parties for the particular work at issue 4. PAYMENT 4.1 The Requesting Party shall reimburse the Assisting Party for all Reasonable Costs and Expenses that are appropriate and not excessive, under the circumstances prevailing at the time the cost or expense is paid or incurred by the Assisting Party as a result of furnishing Assistance. Such costs and expenses shall include, but not be limited to, the following: (a) Employees' wages and salaries for paid time spent in Requesting Party's service area and paid time during travel to and from such service area, plus the Assisting Party's standard payroll additives to cover all employee benefits and allowances for vacation, sick leave, holiday pay, retirement benefits, all payroll taxes, workers' compensation, employer's liability insurance, administrative and general expenses, and other benefits imposed by applicable law or regulation. (b) Employee travel and living expenses (meals, lodging, and reasonable incidentals). (c) Cost of Equipment, materials, supplies and tools at daily or hourly rate, including their normally applied overhead costs inclusive of taxes, insurance, depreciation, and administrative expenses. Cost to replace or repair Equipment, materials, supplies, and tools (hereinafter collectively referred to as the "Equipment", which are expended, used, damaged, or stolen while the Equipment is being used in providing Assistance; provided, however, the Requesting Party's financial obligation under this Section 4.1 (c): (i) shall not apply to any damage or loss resulting from the gross negligence, bad faith or willful misconduct of the Assisting Party, and (ii) shall only apply in excess of, and not contribute with, any valid and collectible property insurance which applies to such damage or loss. (d) Cost of vehicles provided by Assisting Party for performing Assistance at daily or hourly rate, including normally applied overhead costs inclusive of taxes, insurance, depreciation, and administrative expenses. Cost to repair or replace vehicles which are damaged or stolen while the vehicles are used in providing 9/05 CUEA Mutual Assistance Agreement 10 031 Assistance; provided, however, that Requesting Party's financial obligation under this Section 4.1 (d): (i) shall not apply to any damage or loss resulting from the gross negligence, bad faith or willful misconduct of the Assisting Party, and (ii) shall only apply in excess of, and not contribute with, any valid and collectible first - party physical damage insurance which applies to such loss. (e) Administrative and general costs which are properly allocable to the Assistance to the extent such costs are not chargeable pursuant to the foregoing subsections. (f) Overtime costs incurred by the Assisting Party in their service territory as a result of Assistance provided to the Requesting Party. 4.2 Unless otherwise mutually agreed to, the Assisting Party shall invoice the Requesting Party at the address designated on Attachment `B" for all Reasonable Costs and Expenses of the Assisting Party in one invoice. If the Assistance extends beyond a thirty (30) day period, invoicing can occur monthly unless otherwise agreed upon in writing. The Assisting Party shall provide the invoice in substantially the form set forth in Attachment "G". 4.3 The Requesting Party shall pay such invoice in full within sixty (60) days of receipt of the invoice, and shall send payment to the Assisting Party at the address listed in Attachment "B" unless otherwise agreed to in writing. 4.4 Delinquent payment of invoices shall accrue interest at a rate of twelve percent (12%) per year prorated by days until such invoices are paid in full. AUDIT AND ARBITRATION 5.1 A Requesting Party has the right to designate its own qualified employee representative(s) or its contracted representative(s) with a management/accounting firm who shall have the right to audit and to examine any cost, payment, settlement, or supporting documentation relating to any invoice submitted to the Requesting Party pursuant to this Agreement. 5.2 A request for audit shall not affect the obligation of the Requesting Party to pay amounts due as required herein. Any such audit(s) shall be undertaken by the Requesting Party or its representative(s) upon notice to the Assisting Party at reasonable times in conformance with generally 9/05 CUEA Mutual Assistance Agreement 1 t 032 accepted auditing standards. The Assisting Party agrees to reasonably cooperate with any such audit(s). 5.3 This right to audit shall extend for a period of two (2) years following the receipt by Requesting Party of invoices for all Reasonable Costs and Expenses. The Assisting Party agrees to retain all necessary records/documentation for the said two-year period, and the entire length of this audit, in accordance with its normal business procedures. 5.4 The Assisting Party shall be notified by the Requesting Party, in writing, of any exception taken as a result of the audit. In the event of a disagreement between the Requesting Party and the Assisting Party over audit exceptions, the Parties agree to use good faith efforts to resolve their differences through negotiation. 5.5 If ninety (90) days or more have passed since the notice of audit exception was received by the Assisting Party, and the Parties have failed to resolve their differences, the Parties agree to submit any unresolved dispute to binding arbitration before an impartial member of an unaffiliated management/accounting firm. Arbitration shall be governed by the laws of the State of California. Each Party to an arbitration will bear its own costs, and the expenses of the arbitrator shall be shared equally by the Parties to the dispute. 6. TERM AND TERMINATION 6.1 This Agreement shall be effective on the date of execution by at least two Parties hereto and shall continue in effect indefinitely, except as otherwise provided herein. Any Party may withdraw its participation at any time after the effective date with thirty (30) days prior written notice to all other Parties. 6.2 As of the effective date of any withdrawal, the withdrawing Party shall have no further rights or obligations under this Agreement except the right to collect money owed to such Party, the obligation to pay amounts due to other Parties, and the rights and obligations pursuant to Section 5 and Section 7 of this Agreement. 6.3 Notwithstanding Section 12, additional parties may be added to the Agreement, without amendment, provided that thirty 30 days notice is given to all Parties and that any new Party agrees to be bound by the terms and conditions of this Agreement by executing. a copy of the same which shall be deemed an original and constitute the same agreement executed by 9105 CUEA Mutual Assistance Agreement 12 033 the Parties. The addition or withdrawal of any Party to this Agreement shall not change the status of the Agreement among the remaining Parties. LIABILITY 7.1 Except as otherwise specifically provided by Section 4.1 and Section 7.2 herein, to the extent permitted by law and without restricting the immunities of any Party, the Requesting Party shall defend, indemnify and hold harmless the Assisting Party, its directors, officers, agents, employees, successors and assigns from and against any and all liability, damages, losses, claims, demands actions, causes of action, and costs including reasonable attorneys' fees and expenses, resulting from the death or injury to any person or damage to any property, which results from the famishing of Assistance by the Assisting Party, unless such death or injury to person, or damage to property, is caused by the gross negligence or willful misconduct of the Assisting Party. 7.2 Each Party shall bear the total cost of discharging all liability arising during the performance of Assistance by one Party to the other (including costs and expenses for reasonable attorneys' fees and other costs of defending, settling, or otherwise administering claims) which results from workers' compensation claims or employers' liability claims brought by its own employees. Each,Party agrees to waive, on it own behalf, and on behalf of its insurers, any subrogation rights for benefits or compensation paid to such Party's employees for such claims. 73 In the event any claim or demand is made, or suit or action is filed, against the Assisting Party, alleging liability for which the Requesting Party shall indemnify and hold harmless the Assisting Party, Assisting Party shall notify the Requesting Party thereof, and the Requesting Party, at its sole cost and expense, shall settle, compromise or defend the same in such manner as it, in its sole discretion, deems necessary or prudent. However, Requesting Party shall consult with Assisting Party during the pendency of all such claims or demands, and shall advise Assisting Party of Requesting Party's intent to settle any such claim or demand. The Party requesting indemnification should notify the other Party in writing of that request. 7.4 The Equipment which the Assisting Party shall provide to the Requesting Party pursuant to Section 3 above, is accepted by the Requesting Party in an "as is" condition, and the Assisting Party makes no representations or warranties as to the condition, suitability for use, freedom from defect or otherwise of such Equipment. Requesting Party shall utilize the Equipment at its own risk. Requesting Party shall, at its sole cost and expense, defend, indemnify and hold harmless Assisting Party, its 9/05 CUEA Mutual Assistance Agreement 13 034 directors, officers, agents, employees, successors and assigns, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs including reasonable attorneys' fees and expenses, resulting from the death or injury to any person or damage to any property, arising out of the utilization of the Equipment by or for the Requesting Party, or its employees, agents, or representatives, unless such. death, injury, or damage is caused by the gross negligence, bad faith or willful misconduct of the Assisting Party. 7.5 No Party shall be liable to another Party for any incidental, indirect, or. consequential damages, including, but not limited'to, under -utilization of labor and facilities, loss of revenue or anticipated profits, or claims of customers arising out of supplying electric or natural gas service, resulting from performance or nonperformance of the obligations under this Agreement. 7.6 Nothing in Section 7, Liability, or elsewhere in this Agreement, shall be construed to make the Requesting Party liable to the Assisting Party for any liability for death, injury, or property damage arising out of the ownership, use, or maintenance of any watercraft (over 17 feet in length) or aircraft which is supplied by or provided by the Assisting Party. It shall be the responsibility of the Assisting Party to carry liability and hull insurance on such aircraft and watercraft as it sees fit. Also, during periods of operation of watercraft (over 17 feet in length) or aircraft in a situation covered by this Agreement, the Party which is the owner/lessee of such aircraft or watercraft shall use its best efforts to have the other Parties to this Agreement named as additional insures on such liability coverage. GOVERNING LAW This Agreement shall be interpreted, governed and construed by and under the laws of the State of California as if executed and to be performed wholly within the State of California. 9. AUTHORIZED REPRESENTATIVE The Parties shall, within thirty 30 days following execution of this Agreement, appoint Authorized Representatives and Alternate Authorized Representatives, and exchange all such information as provided in Attachment `B". Such information shall be updated by each Party prior to January 1 st of each year that this Agreement remains in effect, or within 30 days of any change in Authorized Representative or Alternate Representative. 9/05 CUEA Mutual Assistance Agreement 14 035 The Authorized Representatives or the Alternate Authorized Representatives shall have the authority to request and provide Assistance. 10. ASSIGNMENT OF AGREEMENT No Party may assign this Agreement, or any interest herein, to a third party, without the written consent of the other Parties. 11. WAIVERS OF AGREEMENT Failure of a Party to enforce any provision of this Agreement, or to, require performance by the other Parties of any of the provisions hereof, shall not be construed to waive such provision, nor to affect the validity of this Agreement or any part thereof, or the right of such Parties to thereafter enforce each and every provision. This Agreement may not be altered or amended, except by a written document signed by all Parties. 12. ENTIRE AGREEMENT This Agreement and the Exhibits referenced in or attached to this Agreement constitute the entire agreement between the Parties concerning the subject matter of the Agreement. It supercedes and takes the place of all conversations the Parties may have had, or documents the Parties may have exchanged, with regard to the subject matter, including the Prior Agreement. 13. AMENDMENT No changes to this Agreement other than the addition of new Parties shall be effective unless such changes are made by an amendment in writing, signed by each of the Parties hereto. A new Party may be added to this Agreement upon the giving of 30 days notice to the existing Parties and upon the new Party's signing a copy of this Agreement as in effect upon the date the new Party agrees to be bound by each and every one of the Agreement's terms and conditions. 14. NOTICES All communications between the Parties relating to the provisions of this Agreement shall be addressed to the Authorized Representatives of the Parties, or in their absence, to the Alternate Authorized Representative as identified in Attachment `B". Communications shall be in writing, and shall be deemed given 9/05 CUEA Mutual Assistance Agreement 15 036 if made or sent by e-mail with confirmation of receipt by reply email, confirmed fax, personal delivery, or registered or certified mail postage prepaid. Each Party. reserves the right to change the names of those individuals identified in Attachment `B" applicable to that Party, and shall notify each of the other Parties of such change in writing. All Parties shall keep the California Utilities Emergency Association infonned of the information contained in Attachment `B" and reply to all reasonable requests of such association for information regarding the administration of this Agreement. 15. GENERAL AUTHORITY Each Party hereby represents and warrants to the other Parties that as of the date this Agreement is executed by the Parties: (i) the execution, delivery and performance of this Agreement have been duly authorized by all necessary action on its part and it has duly and validly executed and delivered this Agreement; (ii) the execution, delivery and performance of this Agreement does not violate its charter, by-laws or any law or regulation by which it is bound or governed, and (iii) this Agreement constitutes a legal, valid and binding obligation of such Party enforceable against it in accordance with the terms hereof, except to the extent such enforceability maybe limited by bankruptcy, insolvency, reorganization of creditors' rights generally and by general equitable principles. 16. ATTACHMENTS The following attachments to this Agreement are incorporated herein by this reference: Attachment A Parties to the Agreement; Attachment B Names and Address of Authorized Representative(s)/Invoicing; Attachment C Custodianship of Agreement; Attachment D Procedures for Requesting and Providing Assistance; Attachment E Procedures for Deactivation of Assistance; Attachment F Request for Assistance Letter; Attachment G Invoice. 9/05 CLJEA Mutual Assistance Agreement 16 037 16. SIGNATURE CLAUSE This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers as of the dates set forth below. Company Name: Signature of Officer: Title of Officer: Date Executed: 9/O5 CUEA Mutual Assistance Agreement - 17 ATTACHMENT A Parties To The Mutual Assistance Agreement The Parties to this Agreement are: • Anza Electric Cooperative, Inc., member -owned • Southern California Water Company doing business as Bear Valley Electric Service, a California corporation • Lassen Municipal Utility District, a municipal utility formed under the laws of the State of California • Modesto Irrigation District, an irrigation district organized under the laws of the State of California • Pacific Gas & Electric Company, a California corporation • Plumas-Sierra Rural Electric Cooperative, a member -owned non-profit California corporation • Sacramento Municipal Utility District, a municipal utility district organized under the laws of the State of California • San Diego Gas & Electric Company, a California corporation • Sierra Pacific Power Company, a Nevada corporation - • Southern California Edison Company, a California corporation • The City of Anaheim, a municipal corporation of the State of California • The City of Healdsb&g, a municipal corporation of the State of California • The City of Los Angeles Department of Water and Power • The City of Palo Alto, a municipal corporation of the State of California • The City of Redding, a municipal corporation of the State of California • The City of Riverside, a municipal corporation of the State of California • The City of Roseville, a municipal corporation of the State of California • The City of Santa Clara, a municipal corporation of the State of California, dba Silicon Valley Power • The City of Shasta Lake • Truckee -Donner Public Utility District, a public utility district organized under the laws of the State of California. 9/05 CUEA Mutual Assistance Agreement A-1 039 ATTACHMENT S Names and Address of Authorized Representative(s)IInvoicing Date Name of Utility Mailing Address City, State, Zip Individuals to Call for Emergency Assistance: AUTHORIZED REPRESENTATIVE Name Title Address E -Mail Pager No. Day Phone Night Phone FAX Cellular Phone ALTERNATE AUTHORIZED REPRESENTATIVE Name Title Address E -Mail Pager No. Day Phone Night Phone FAX Cellular Phone DISPATCH CENTER WITH 24-HOUR TELEPHONE ANSWERING Name Title Address Phone Radio Frequency FAX INVOICING/PAYMENT ADDRESS Name of Utility Department of Utility Invoicing/Payment Address City, State, Zip Telephone No. FAX 9/05 CUEA Mutual Assistance Agreement A-2 wt t ATTACHMENT C Custodianship of Agreement Responsibilities of the California Utilities Emergency Association's Mutual Assistance Agreement (Electric) Custodian are: A. Request all Parties provide an annual update of the Authorized Representative and Alternate Authorized Representative, as identified in Attachment `B", no later than December 15 of each year. . B. Distribute annual update of Attachment `B" no later than January 15 of each year. C. Coordinate and facilitate meetings of the parties to the Agreement, as necessary, to include an after action review of recent mutual assistance activations and document changes requested by any party to the Agreement. An annual meeting will also be held to review general mutual assistance issues. D. Assist and guide utilities interested in becoming a party to the Agreement by providing a copy of the existing Agreement for their review and signature. E. Facilitate any necessary reviews of the Agreement. 9/05 CUEA Mutual Assistance Agreement A-3 041 A. la 9/05 ATTACHMENT D Procedures for Requesting and Providing Assistance The Requesting Party shall include the following information, as available in its request for Assistance: A.1 A brief description of the Emergency creating the need for the Assistance; A.2 A general description of the damage sustained by the Requesting Party, including the part of the electrical or natural gas system, e.g., generation, transmission, substation, or distribution, affected by the Emergency; A.3 The number and type of personnel, Equipment, materials and supplies needed; A.4 A reasonable estimate of the length of time that the Assistance will be needed; A.5 The name of individuals employed by the Requesting Party who will coordinate the Assistance, A.6 A specific time and place for the designated representative of the Requesting Party to meet the personnel and Equipment being provided by the Assisting Party; A.7 Type of fuel available (gasoline, propane or diesel) to operate Equipment; A.8 Availability of food and lodging for personnel provided by the Assisting Party; and A.9 Current weather conditions and weather forecast for the following twenty-four hours or longer. The Assisting Party, in response to a request for Assistance, shall provide the following information, as available, to the Requesting Party: B.1 The name(s) of designated representative(s) to be available to coordinate Assistance; B.2 The number and type of crews and Equipment available to be furnished; B.3 Materials available to be furnished; B.4 An estimate of the length of time that personnel and Equipment will be available; B.5 The name of the person(s) to be designated as supervisory personnel to accompany the crews and Equipment; and B.6 When and where Assistance will be provided, giving consideration to the request set forth in section A.6. above. CUEA Mutual Assistance Agreement A-4 042 ATTACHMENT E Procedures for Deactivation of Assistance A. The Requesting Party shall, as appropriate, include the following in their Deactivation: A.1 Number of crews returning and, if not all crews are returning, expected return date of remaining crews. A.2 Notification to the Assisting Party of the time crews will be departing. A.3 Information on whether crews have been rested prior to their release or status of crew rest periods. A.4 Current weather and travel conditions along with suggested routing for the Assisting Party's return. B. The Assisting Party shall, as appropriate, include the following in their Deactivation: B.1 Return of any Equipment, material, or supplies, provided by the Requesting Party. B.2 Provide any information that may be of value to the Requesting Party in their critique of response efforts. B.3 Estimation as to when invoice will be available. B.4 Invoice to include detail under headings such as labor charges (including hours) by normal time and overtime, payroll taxes, overheads, material, vehicle costs, fuel costs, Equipment rental, telephone charges, administrative costs, employee expenses, and any other significant costs incurred. B.5 Retention of documentation as specified in Section 5.3 of the Mutual Assistance Agreement. B.6 Confirmation that all information pertaining to the building, modification, or other corrective actions taken by the Assisting Party have been appropriately communicated to the Requesting Party. 9/05 CUEA Mutual Assistance Agreement A-5 043 ATTACHMENT F Letter Requesting Assistance Date Assisting Party Name Assisting Party Address In recognition of the personnel, material, Equipment, supplies and/or tools being sent to us by [name of Assisting Party] in response to a request for mutual assistance made by [Requesting Party] on [date of request], we agree to be bound by the principles noted in the California Utilities Emergency Association Mutual Assistance Agreement (Electric and Natural Gas). (Brief Statement of Assistance Required) [Requesting Party Name] [Authorized Representative of Requesting Party]. [Signature of Authorized Representative of Requesting Partvl 9/05 CUBA Mutual Assistance Agreement A-6 ME ATTACHMENT G SUPPLEMENTAL INVOICE INFORMATION Sections 4 and 5 of this Mutual Assistance Agreement provide for the accumulation of costs incurred by the Assisting Party to be billed to the Requesting Party for Assistance provided. Each utility company has their own accounts receivable or other business enterprise system that generates their billing invoices. Generally these invoices do not provide for a breakdown of costs that delineate labor hours, transportation costs, or other expenses incurred in travel to and from the Assistance, or the subsequent repair of equipment that maybe necessary. This attachment provides guidelines, format and explanations of the types of cost breakdown, and supportive information and documentation that are important to accompany the invoice for providing of mutual assistance. It is intended to provide sufficient information to the Requesting Party at the time of invoice to minimize an exchange of detail information requests that may delay the payment of the invoice. This information in no way eliminates the requesting Party's ability to audit the information or request additional cost detail or documentation. Supplemental Invoice Information is a recommendation and not a requirement The form is available electronically from the Agreement Custodian. 9/05 CUEA Mutual Assistance Agreement A-7 045 CUEA MUTUAL ASSISTANCE AGREEMENT 1480(ELECTRIC — NATURAL GAS) SUPPLEMENTAL INVOICE INFORMATION This supplemental Invoice information detail is submitted pursuant to Sections 4.0 and 5.0 of the CUEA, Mutual Assistance Agreement for Electric and Natural Gas, for assistance provided. (RP = Requesting Party, AP = Assisting Party) AP Invoice Dale: RP Purchase Order # 1 AP Invoice #: RP Reference or W/O# 2 Bill To: 3 Remit To: 4 (Aa.vertin6 IAseieanG Perty) Address: Address: Phone: Phone: Attention: S Attention: 6 Name or Description of Event: Location of Assistance or Event: Assistance I Billing Period: From: 7 To: it O t A l l A pleC: Del bomabuvlbn Complete: LABOR 1: Employee Wages and Salary while of RP Service Area 9 Labor: Hours Wages Additives LABOR 1 Subtotal: SImIgM Time, Overtime , and Premiums:._ -... .-.. _. . _ .. LABOR 2: Employee Wages and Salary while traveling to and from RP Service Area 10 Labor: Hours Wages Additives LABOR 1 Subtotal: SbaigMTime, Overtime and Premiums: LABOR 3: Employee Wages and Salary of service and support personnel not traveling to RP Service Area 11 Labor: Hours Wages Additives LABOR 3 Subtotal: SImIgM and , Overtime Premiums: , and Premiums: LABOR 4: Overtime Wages and Salary Incurred in AP Service Area as a Result of Assistance 12 Labor: Hours Wages Additives LABOR 4 Subtotal: Overtime and Premiums: .... .. _ . - .. .. _. .. LABOR TOTAL TOTAL Wages, Salaries and Payroll Additives: MATERIALS: cost of materials, supplies, tools, and repair orreplacement of non -fleet TOTAL Materials, Equipment, ment used in sietcsta Additives: ance 13 MATERIALS TOTAL TRANSPORTATION: Cost of vehicles and equipment including parts and repairs and Additives (No Wages) Fleet Costs: (Hourly or Use Charge for vehicles and equipment and Additives) 74 Repair Costs: (Cost of repair or replacement of vehicles and equipment, excluding labor) /S TRANSPORTATION TOTAL TOTAL Vehicles, Equipment, etc. and Additives: EXPENSE: Cost of transporting employees and equipment, to and from RP's Service area, and living expenses not provided by RP. Transportation Expense: Cost to transport vehicles and equipment (fleet) to and from RP Service Area 16 Travel Expense: cost to transport personnel, airfare etc., (non -fleet equOlools) to and from RP Service Area 77 Living Expense: Cost of meals, lodging and incidentals not provided by RP or incurred during travel 78 Meals:Lodging: Incidentals: EXPENSE TOTAL TOTAL Transportation, Travel and Living and Additives: ADMINISTRATIVE & GENERAL COSTS: cost properly allocable to the Assistance and not charged in above sections 19 ADMINISTRATIVE & GENERAL TOTAL TOTAL Administrative B General: 9/05 - CUEA Mutual Assistance Agreement A-$ All costs and expenses of Assisting Company are summarized in this Invoice. Pay This Amount: (A Form W-9, Request for Taxpayer Identification Number and Certificatlon, has been Included with this involve.) 20 9/05 CUEA Mutual Assistance Agreement A-9 T: A Instructions and Explanations This information provides a breakdown of costs incurred in the providing of assistance, and is intended to provide sufficient details to allow Requesting Party to expedite payment by minimizing requests for detailed information. This detailed breakdown, and supportive documentation, should supplement the remittance invoice normally generated by the utility's business enterprise or accounts receivable systems. Reference .Section Explanations: (Numbers comspond to sections on preceding supplemental invoice page(s).) (Information in parentheses and italics are references to the related section of the CUEA MAA) If Requesting Company has designated a Purchase Order to be used for this remittance, provide the PO number in this space. 2 If Requesting Company has designated a Work Order or Tracking number to be used for this remittance, provide the number here. 3 This "Bill To" address is designated by the Requesting Party and may be the same as the Billing / Payment Address as it appears on the Assisting Company's "Attachment B" of the Agreement. (Sec. 4.2) 4 This "Remittance Address" is the address specified on the Assisting Company's Primary Invoice. S The person identified in Billing / Payment section of Requesting Party's "Attachment B", or Authorized Representative, or the Requesting Party's designated Mutual Assistance Coordinator. 6 The person identified in Billing / Payment section of Requesting Party's "Attachment B", or Authorized Representative, or the Assisting Party's designated Mutual Assistance Coordinator. 7 The date the assistance was agreed to commence. (Sec. 3.2) 8 The date the assistance demobilization is complete. (Sec. 3.7) (Note: subsequent repair or replacement costs incurred by the AP may be realized and billed past this date, as noticed by the AP to the RP in writing) 9 Labor 1: This total includes all hourly wages, including straight time, overtime, premium pay and payroll additives that are the normal payroll of the Assisting Party. This is for time worked in the Requesting Party's service area, and does NOT include time or pay for travel to, or from, the Requesting Party's service area. Labor 1 total includes all employees, management and supervision, that physically traveled to the Requesting Party's service area. (The numbers are reported as totals for Hours, Wages, and Additives (premiums and additives reported in same total). Supportive information such as time sheets, or spreadsheets, that break down the totals reported, is strongly recommended.) (Sec. 4.1(a)) 10 Labor 2: This total includes all hourly wages, including straight time, overtime, premium pay and payroll additives that are the normal payroll of the Assisting Party. This is for time or nay for travel to or from the Requesting Party's service area, and does NOT include time worked in RP's service area. Labor 2 total includes all employees, management and supervision, that physically traveled to the Requesting Party's service area. (The numbers are reported as totals for Hours, Wages, and 9/05 CUEA Mutual Assistance Agreement A-10 Additives (premiums and additives reported in same total). Supportive information such as time sheets, or spreadsheets, that break down the totals reported, is strongly recommended.) (Sec. 4.1(b)) 9/05 CUEA Mutual Assistance Agreement A-11 049 11 Labor 3: This total includes all hourly wages, including straight time, overtime, premium pay and payroll additives that are the normal payroll of the Assisting Party. This is for time or a for employees management or supervision that is directly attributed to the assistance, but did NOT travel to the Requesting Party's service area. Labor 3 total may include support services in the Assisting party's own service area such as warehouse, fleet, Assistance Liaisons, administrative and coordination personnel. (The numbers are reported as totals for Hours, Wages, and Additives (premiums and additives reported in same total). (Supportive information such as time sheets, or spreadsheets, that break down the totals reported, is strongly recommended.) (Sec. 4.1) 12 Labor 4: This total includes only overtime pay and additives that are incurred by the Assisting Party for emergency response in the Assisting Party's service area, that is directly attributable to the providing of assistance. This total requires detailed support information and explanation provided to the Requesting Party prior to the inclusion of costs for assistance. (Sec. 4.169) 13 Materials: This total includes all non -fleet equipment, tools and supplies, provided by Assisting Party's warehouse or other supplier that was used, consumed, or has normally applied overhead costs or depreciation, as outlined in the agreement. (Sec. 4.1 (c)) 14 Transportation: This total includes the hourly or use charge of vehicles and equipment, and normally applies overheads and additives, for all vehicles and equipment used in the providing of assistance. These are direct "Fleet" costs excluding labor, which is included in Labor totals. (Sec. 4.1 (d)) 15 Transportation: This total includes cost of repair or replacement of vehicles or equipment used in the providing of assistance, by AP, dealer service, or contracted repairs, including all normally applies overheads and additives. These are direct "Fleet" costs excluding labor, which is included in Labor totals. (Sec. 4.1 (d)) 16 Transportation Expense: This total includes only the incurred costs of transporting, by contractor or entity other than the AP or RP, the fleet vehicles and equipment to RP's service area, and return to AP's home base. (Supportive information such as contract carrier's invoice or trip tickets is recommended.) 17 Travel Expense: These include all costs incurred by AP for the transportation of personnel to and from the RP's service area. These include airfare, cab fare, rental vehicles, or any other transportation not provided by the RP. It also included the transportation or shipping costs of non - fleet tools or equipment to and from the RP's service area. (Sec. 4.1) 18 Living Expense: This includes all meals, lodging, and incidentals incurred during travel to and from RP's service area. It includes any of these costs incurred while working in the RP's service area that were not provided by the RP. (Sec. 4.1(b)) 19 Administrative and General Costs: This includes all costs that are allocable to the Assistance, to the extent that they are not included in all the foregoing costs identified in this invoice. (Sec. 4.1(e)) 20 Form W-9, Tax Identification and Certification: This standard tax form should be completed and accompany this form, unless such information has been previously transmitted to the Requesting Company. 9/05 CUEA Mutual Assistance Agreement A-12 050 4 r mr R '„�.{ a r ��2L: {:.sx-'� �}`�� y s •'.a, �• .dam r � AZUSA , wn w wurr CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIEStl'W DATE: MARCH 27, 2006 SUBJECT: WAIVE FORMAL BIDDING PROCEDURES AND AWARD PURCHASE OF FORD F650 SERVICE TRUCK TO DOWNTOWN FORD SALES UNDER CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) RECOMMENDATION It is recommended that the Utility Board/City Council waive formal sealed bids in accordance with the Municipal Code Section 2-522, sub -section C, and award the purchase of a Ford F650 Service Truck to Downtown Ford Sales under the California Multiple Award Schedule (CMAS Contract No. 1-06-23-20) in the amount of $97,799.22, including tax, delivery, and discount. BACKGROUND The Water Division currently has a 1985 F700 service truck with a mounted compressor that is used only when pressed into service by necessity. The truck has 42,526 miles on it and the compressor has ceased working. This truck will be declared surplus and replaced by a new F650 service truck with a properly configured compressor and bed and service bin arrangement. The new truck will have more usable space for tools and equipment, and the compressor will be powered by the truck engine rather than its own separate engine, making it quieter than the current compressor when it was working. This service truck will enable the distribution crew to work two crews on two emergencies simultaneously. FISCAL IMPACT Fiscal impact will be $97,799.22 including applicable tax , delivery, and $500 discount for payment within 20 days. Funds are available in the Water Division's Vehicle Replacement Budget 32-80-000-721-7135/72106C-7135. Prepared by: Chet F. Anderson, Assistant Director of Water Operations Steven Yang, Administrative Analyst PRO AZU M rip ONE 1,101 1171' i rn, USA. o CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIE§`V/,\ � DATE: MARCH 27, 2006 SUBJECT: WAIVE FORMAL BIDDING PROCEDURES AND AWARD PURCHASE OF FORD F650 DUMP TRUCK TO DOWNTOWN FORD SALES UNDER CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) RECOMMENDATION It is recommended that the Utility Board/City Council waive formal sealed bids in accordance with the Municipal Code Section 2-522, sub -section C, and award the purchase of a Ford F650 Dump Truck to Downtown Ford Sales under the California Multiple Award Schedule (CMAS Contract No. 1-06-23-20) in the amount of $61,309.38, including tax, delivery, and discount. BACKGROUND The Water Division currently has a 1987 F700 dump truck with 57,011 miles on it. The truck is used as necessary when dirt and materials have to be hauled to and from repair jobs, but due to its age and condition, it is not dependable for heavy service. In addition, the dump bed will stick in the up position occasionally, making it unreliable for emergency work. This truck will be replaced by a Ford F650 dump truck of approximately the same capacity, and will be retained to be used at the Water Treatment Plant for sludge hauling and general non- emergency carrying service. FISCAL IMPACT Fiscal impact will be $61,309.38 including applicable tax, delivery, and $500 discount for payment within 20 days. Funds are available in the Water Division's Vehicle Replacement Budget 32-80-000-721-7135/72106C-7135. Prepared by: Chet F. Anderson, Assistant Director of Water Operations Steven Yang, Administrative Analyst 052 AGENDA ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: MARCH 27, 2006 �N SUBJECT: SENATE BILL 1554 (BOWEN AND COX) RECOMMENDATION It is recommended that the Utility Board/City Council adopt a "support" position on SB 1554 and authorize the Mayor/Chairperson to sign a letter similar to one attached, which will be sent to the bill authors with a copy to our legislators and members of the Senate Energy, Utilities and Communications Committee. BACKGROUND Recent California Public Utilities Commission (CPUC) decisions require retail customers served in territories under previous or current sphere of influence of Investor Owned Utilities (IOUs) to pay an "Exit Fee" if they were to change electric service to a local publicly owned electric utility. This fee is applicable to existing and future retail customers of the IOUs even if those customers have not and will never take services from the IOUs. SB 1554 would prohibit the CPUC from imposing any charge on a customer of a local publicly owned electric utility if the customer's service location has not previously received service from an electrical corporation. This bill has applicability to portions of the Rosedale Development and the Legislative Committees of our affiliate associations are urging their members to take a support position. FISCAL IMPACT The bill would eliminate any adverse financial impacts on some future customers in the Rosedale Development regarding Exit Fees. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities 053 DRAFT April --, 2006 The Honorable Martha Escutia Chair, Energy, Utilities, and Communications California State Senate State Capitol, Room 5046 Sacramento, CA 95814 RE: SB 1554 (Bowen) - Support Dear Senator Escutia, On behalf of [Agency] Uwe am/are writing to you in support of SB 1554 (Bowen), which would prohibit the California Public Utilities Commission (CPUC) from imposing any cost responsibility surcharge, or "exit fee;" on a customer of a local publicly owned electric utility that never previously received service from an investor-owned utility (IOU). The imposition of exit fees is a very serious matter that may lead to drastic economic development consequences for the [Agency] Our community, like many in California, is growing, and relies on annexations of undeveloped land, or "Greenfields" to accommodate new residents, services, and employers. Unfortunately, CPUC decisions are resulting in a continued attempt to extract payments for their failed energy policies from public agencies seeking to acquire such territory. [Local example and dollar figures here. ] The CPUC decisions to require new public power customers to cover the costs of PG&E's bankruptcy and California's failed energy policy (AB 1890)-- costs these .new customers did not incur, nor bear any responsibility for-- is wholly without merit. Annexation of unincorporated land by California's public agencies is as old as the state itself. Investor-owned utilities participate in local government agency deliberations regarding future growth and prospective annexations. To suggest that an IOU anticipated serving any load in areas where there are no customers, no infrastructure, and that are clearly within municipal communities' spheres of influence is foolhardy. Exit fees are an inappropriate shift of failed energy policy costs onto others. It is a dangerous policy precedent, and is certain to harm the California economy. As you know, the CPUC continues to grapple with issues surrounding the potential application of exit fees. Their decisions to date have a detrimental effect on the economic development of [your community] It is time for lawmakers to step in and resolve it once and for all. The [Agency] strongly supports SB 1554 as a way to prevent unfair cost shifts onto municipal electric utility customers, and to ensure that the economic recovery in our community and the State continues. We urge your support of Senate Bill 1554. Sincerely, (Agency) CC: Members, Senate Energy, Utilities and Communications Committee Lawrence Lingbloom, Principal Consultant 054 C so a AZUSA t OMT L W4tfl AGENDA ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITI Elqw DATE: MARCH 27. 2006 SUBJECT: ASSEMBLY BILL 2021 (LEVINE)—ENERGY EFFICIENCY MANDATE RECOMMENDATION It is recommended that the Utility Board / City Council adopt an"opposd'position on AB 2021 and authorize the Mayor/Chairperson to sign a letter similar to sample one attached, which will be sent to the bill author with a copy to our legislators and members of Assembly Utilities Commerce Committees where the bill will be heard. BACKGROUND On February 14, 2006, AB 2021 (Levine) was introduced with the intent to require publicly owned utilities (POUs) to meet the same energy efficiency requirements imposed on investor owned utilities (IOUs), i.e., to reduce total forecasted electrical consumption by 10% over the next ten years. Historically, the State has refrained from regulating municipal electric utilities energy resource portfolios, however, in recent years we have seen more and more bills introduced which have attempted to mandate renewable energy portfolios standards on POUs or to require implementation of more aggressive energy conservation/efficiency programs. AB 2021 is another example of this type of legislation. At this time the California Municipal Utilities Association (CMUA) is urging its members to take an oppose position on this bill. Of some concern is proposed language which would amend the Public Utilities Code to add sections 399.20 through 399.23 to Article 17 regarding the California Energy Efficiency Procurement Portfolio Standard. The language of concern would create a State mandate by imposing financial penalties for noncompliance; of concern is draft section 399.23(e), which stipulates a penalty up to $0.03 per kilowatt hour, which would be paid to the State Energy Commission for non-compliance. Penalty money would be placed into a fund for"remedial investments in energy efficiency to be procured through competitive solicitatiori'. 055 FISCAL IMPACT This bill would set a precedent for the State to impose fines on municipal utilities for not meeting an environmental mandate and could be very costly depending on a variety of factors affecting load growth and available renewable energy and the cost thereof. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities Attachment AB 2021 Asm U& C Opp Ltr 5-21. pdf .., CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION 915 L STREET, SUITE 1460 a SACRAMENTO, CALIFORNIA 95814 (916) 326-5800 a FAX(916)326-5810 • www.cmua.org JERRY JORDAN, Fxenudw Dlredu OFFICERS March 21, 2006 hedflerlt MARCIE L EDWARDS Aru,e6n Yue President ALLEN Modesto OWPIOUT Kt Honorable Lloyd Levine Chair, Utilities and Commerce Committee California State Assembly Thaw'", JOWH � State Capitol, Room 5136 c,oRR�C,..d Sacramento, CA 95814 ARLEN ORCHARD SaDartenro Munldpal UBIiry Dlsbla BOARD OF GOVERNORS RE: AB 2021 Public Utilities: Energy Efficiency — Opposed IDANRBELOCR Son Olgo Dear Assemblyman Levine: DAVIDA. HMENIN4ER Claw County WN>Apxy _ ®LL D.cuNANAN The California Municipal Utilities Association is opposed to AB 2021, So. California fWlk PawvAutlprRy which would requite the California Energy Commission (CEC) to establish RICK M Wd Trinity annual targets for energy efficiency savings and demand reduction over 10 n+rws L CURRIE Fandena years; to be achieved by each local publicly owned electric utility. RONALD DAVIS 'u' AB 2021 is based on a wrong set of assumptions. The bill is based on the RGNA1 !1`An0'0wN belief that publicly owned utilities are doing less on energy efficiency than JAMESCEEIDER are the investor owned utilities. The truth is that California's investor ReM owned utilities now have CPUC mandated targets for expenditures, but DUANE GBDRGESON Me°ai �,t . have not yet spent that money or accomplished those savings. There is no Sauttlernv JUNONAA.IONASgap to close for publicly owned utilities since demand-side energy l'"° Cao efficiency is already a major focus of our efficiency programs. In addition, SUSAN ` W` Sun 1 since publicly owned utilities remained vertically integrated following AB LAMES It PON 1890, they have also implemented important energy efficiency programs "la 'AgMxy that optimize generation antransmission resources g tid i and ensure more IAN saHDRI Saa toMunklpalUBlftyDisfdnt s optimal operation of the grid. GLEAN STDGER Irrgrerlal Irr%ffWn LRmkt JOHN uuucN The requirement to acquire energy efficiency resources is already a ' to Aft statutoryrequirement for California's equir publicly owned and investor owned MIXE WALLLS East Bay Mwlcipal UdIity DhWa utilities. SB 1037 (Kehoe) was approved by the Legislature last year and KEVIN L WATy®l took effect on January 1 R`. The new law requires investor owned utilities uRLong lB� and publicly owned utilities, when procuring energy, "...to first acquire all Todooklrripdon OwAa available energy efficiency and demand reduction resources that are cost .DAVID aWRIGHT effective, reliable, and feasible..." AB 2021 is apparently aimed at going beyond cost effective energy efficiency which can only serve to raise rates to consumers. 057 The Honorable Lloyd Levine March 21, 2006 Page 2 AB 2021 would require the CEC to fine customers of publicly owned utilities $0.03 per kilowatt hour if, for some reason, the goals set by the CEC are not met or are not capable of being met by the publicly owned utility. There is no such fine for investor owned utility customers. AB 2021 would also require publicly owned utilities to restructure their rates in a particular manner which may not be appropriate for all publicly owned utilities and, the bill would additionally require independent auditors to judge their energy efficiency programs. Local elected officials are accountable to the public. Employees of publicly owned utilities are accountable to local elected officials. It makes no sense for utilities to hire expensive consultants to verify their energy efficiency programs when that money can be better spent on the programs themselves. Publicly owned utilities develop energy efficiency programs that respond to the requirements of the law and to the requirements of the community as determined by their local elected officials. Publicly owned utilities have a long history of enthusiastic commitment to energy efficiency that predates the current loading order activity. The 39 publicly owned utilities are different from the investor owned utilities in many respects and different from each other. The Trinity Public Utility District service territory has very little in common with the Los Angeles Department of Water and Power service territory. It should not be the goal of the state to have every utility in the state have exactly the same programs. For these reasons CMUA is opposed to AB 2021. Sincerely, Bret Barrow Director of Legislative Affairs cc: Members, Assembly Utilities and Commerce Committee Edward Randolph, Chief Consultant MI INFORMATIONAL ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES ; \l � DATE: MARCH 27, 2006 SUBJECT: FY 2005-06 3rd QUARTER WORK PLAN UPDATE FOR UTILITIES DEPARTMENT Attached includes Gantt charts of Utilities Department Projects for third quarter of fiscal year 2005-2006 organized by division. Checkmarks placed in left column indicate that milestone or task has been completed; "% completed" column also shows progress/completion. Charts provide update on different tasks and milestones through third quarter of this fiscal year. Electronic version of attached may be enlarged for viewing purposes. Feel free to pose questions or comments about projects to individual managers. 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Draft Rales ftuReview byAtheno Wed 4/19M6 Well 9I006 m .......... .......... ............ . ......... ...... .: .... wit ........ - .......... Alg,, W Ka In and Agree an Final Rates Thu wlm ThuGnVUS (Y* ... .... ............. wig at Eg Rate anniartApprovedloyCityCourcil.tPH . 611 Man WISM m ....... ......... ........ ........ ........ ...... ...... ............... ....... ..... ....... oil ...... # ................... ........ 92 Natty Customer S�m of Billing Choun,da Tue 6Q0A)6 Ta. 612GID6 0% I ....... ..... .... ....... ...... .. ...... .. ...... .... ...... 0 Develop Mangnistraflue Procedures Ouldi,book 5 Thu 629= 33%1 ... ........ --,- ........ ............... ....... .............. ..... ....... .......... - ... ...... I ........ Daniel, Mrainig AM5 Th. W 33% .......Tla ...... 95 ModifyWoritOrder BillIngs Man 417106 Man 5 0% — .......... . .................. ......... ......... ....... &va 'uZ7 ................ W Review Billing purnmend, for aamunusudr,a v lead Mon4/17M Thui� Im ......... . I ................. ... ......... ....... ..... ... .. ....... !a, 97 Foranufluid Coat Be.. M. 91106 Mail 91 0% ........... ........ ....... ........ �% ... - ............. ...... .......... ............ os App 10 Cost Base for Admin Oveneeld Thu WlEV06 Thi5iil!V06 0% ....... ......... ....... .... Sri ............... oriOberBilling Mail 522M Mon .......... .... ... ........ ...... ............. ........... ........ ..... . ..... ......... .. ...... 100" IN Pre".1c.aharb, Ope Mon Q=6 Thu Wittig 79% — ....... ........ ........ ........ ......... .............. ...... - ... ... ...... ...... ....... ............. ... 11 1-- ..... - ........... .. . ........ - ....... . ........... - 101 E3 Rell,ned and Pre,anne R,,ara. lareeana Mon Man 411 969 —IW% ...... ... ...... .-- -- ...... ..... -.1 1 'ora....... ..................... ....... .... .. 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IN Aoseintale Marip of CIP Budget Forria, and 'bruiind to Inuared 11-17M Wi8M .... .. --- ................. ........... ....... -t ..... ....... 110 Pm cip.wWlityB.N.l�with O�UnBudgd ...... ....... ...... ............. ................. I ....... .... ... ...... 6 1 In 7 ........ ..... .. 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MY Awmas 0 contrad and Schedule 0 Project for 2037 Mon MTM Man =7ft 0% ............ ... .... .....tte .. Assist alth Handbon, Pit at FI it 600M5 ---fu -Br3=5 Th. 6=06 —�u 60% ........ and, 9 ............... ................. .... .. ........ tta ✓ Adopt �olu,jan al Purrourgemern 620105 100% 120 Realm IACAFRand UbWlAor.untri,&R.poiling Mm 906105 Man 1=4105 50% ...... 0 ... tur, 12, Obtain Aurtlittruabeir to Seek Finland, Mae 327106 Man 327106 0% 0 2110 1 2 ,,l pgij0606�1}6]27.Rrn,, 463 Alhm PmfMSFY0.VN.p 708FPtmyp UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 3rd QTR UPDATE , w x CumoWe Jin JulI'Am I IOp Nw JanMT Feb W A Me Jin J A pec Jan 1Fel1 W, [AM IWYIJui OC Nev pec Jan .,Jim O6 Wea wim 100% 1a JkbJWIIAJul A v1: w ma6/loos ox .... ... ...... ...... ......... ... ....... ... .._...._ ............. .... 16 Thu .... 0% ........_ ......+ua .. ....... ....... ...................................... .. ..... .... ......... ............ 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IS Mon 1128/05 ID0;6 ... ...t. ....... _....... ... .. .... ... ........ . ..... .... .. . 15 Mm tD19I05 100% u ....... ......................... .. .... ._... ..... - _........ ....._...___ .......... ......._... .. ............ ........... b Mon 1/16106 100X r .._.... _.... ...... .. ..... .......... _._. ......t. ♦ 1/11 .......... .. .......... .. .. ._........ . ......._- .. ........ .---.._._. Thu 0/16/06 .... OVA 1W% .. .. ._ .. «v16 .. .._.. ......... 16 Mm 626/06 50%._. ..._.. �i ... .... . _. ............................... _. ..6ao ._. . _ . .......... ... - .. . 3110 UtYLe PmK�' 'YOSOs�90.l2�Os0.q.mpP UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 3rd QTR UPDATE 4/10 I 064 UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 3rd QTR UPDATE FamM1 I J6M 0% AII2W5rtpalma plNed ..._. ..., Too 1/3106 2. ....... 100% % kle Jul JJ A pee JanFab Ma q Mn,Jug JJ p Od N O J Fab ga p W Jug Jul )I Fri 6/30N6 as% 39X.._ _._...................... ... p Op ap Mer A W is TM1a)21ros Replace 15 Poles -12 Poles mplaced ... ..... __... .......... ....: ...... )a N1 .... IW%.... � iu'e'...... .. .......... ... ........ .. ..... .._. ....... .... ..... . ..... :.. .. ......._ .. .... ...._.. T. iw ]0 Tue 1x5/01 000x 1W%... - ..... ................ ......... .. ......... ............ .....__.. ._.. ... ....._.... ......._...........................,... ...._....... ......_...._ ...... .......... . Slgn Contract for Fiber Extension Mon]/1W,1 Mon)/19N0 ............ .......... ... _.......... .. .......... .1M5 ................ .................... .................................... .............. ................. ............. ........TQW5... M mu ... 106x .......... ........... ..iiia inn" ....... .... _...._ ._.................... ..._._. .... ................................... ......_....._....... I6 FH II R... ... .. .. ... .... .... N me W=6 _ x IF ....... ..... ..... ..... ars ............ .............. _ .... .. .... I6 Fd 630.N6 Pb ... Mon sSNs ............................ .... .. uits. 16 Mon l/3N6 4l 19X..... ..... .. `........_ .......... .... _.... .._.._.... .................... ... ............. ............. ....-- ................ -........ .. ... .............. .. _........ ... ......... ... ................... .......... LY 9 J Ica �/ AII2W5rtpalma plNed ..._. ..., Too 1/3106 on Fd 331106 ....... 100% ...... 111 .................. .... .n ..•V ......_ .. .... ...._. .. .. _...._. _ .... ...... .... .._.. .._... ... ..._ ..._.... .........1n lap Power Pole Repla¢ment (31 acM1eduled) mon]/INS Fd y30N6 39X.._ _._...................... ... N1 .. ..... ...... ... ........ ..... .. ...._. ...... ............ .... !W . ❑' Replace 15 Poles -12 Poles mplaced Mon ]lIN5 Fd 630N6 39% ... ..... ... .. ... _... .. .. ....... � ............. '�"'•'� - "" !m L/ Elec4lc Yaw Retw'a Cb Con octan Mon]/191 Thu 717105 iR ....... , - ✓ Slgn Contract for Fiber Extension Mon]/1W,1 Mon)/19N0 100%..... .wID ....... ...... ....._ ..... ..... _..... .: ..._.. .. ........ .. ...... .._. .. !N Install OaM FibN to Filciwd610 9 Mon 6l30NC mu92a0d 100X.... .. ._.... yJO.�wRa_. .._.., ... .... .. .._ . .. ..... _........... - .._.... ... m �/ w Fibu Insbli Rldg Award Ciaer Mon 326/05 3rz105 1W%.... ... ...... _ .... ... .. ...... ..... ...... .- .... ........ ..- ... ..... .......... n! ...... ...... .. ... !ps �% Onft IntyiOr Fiber OPfk lnsialla9on in 8l Bigg dg Mon sSNs Th ma ]nms —IW% .. ...... ... ... .. .....�. ... .._...._ ......_.... .........r .......... . w )n ......... .... !06 Electric PveeHbM Cbmnca Mon Thu 6I 10X.... ... _... .... ...... ...... ...... ... _..... ..... ... ....._._. ........... !W ✓ Tree Tdmml n9 Main Cinann w1]Ns Mon x12/05 Fd 1D30I05 5 .... 1W% I"'...... .. - .... ..... .. ....... .. ...._ ._..:.. ... ....... .... _.. 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Lt. �.LI .. !u •� 115 Update and Issue Manual to Employees Fri 711A15 mu 929N5 1W% ... , r ..._ _.. ... Rubber Glovin pr g ogmm•On Hold Pending Compensagon Issue Mon 9/19N5 Fd wJo/O6 .... OX ..... .... _.. 1 ..._. .._.. _.: - - ............ .. ._ ire Refine Wdden Procedures end Handout to Eml p' Mon 119N5 Fd 123pN5 ... 0°h .. .... ..._.... A ....... .._.... .. .. _.... ... ....... _. ........ .. .... _... .. .. .. ..... ...... E17] Conduct TrahiIg Far Em P oYew on Procedures Mon 12106 Fri 630N6 ... 0% . ..... .. _... ............ ........... .... _._ ....... 1n ........... ..... Sno UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 3rd QTR UPDATE ,,,o � Fmj�7WRimW ,fan NMIIV[5 M.. ffl n PmlWaFY0.'AiOSOR1Ga w, 06 i UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 3rd QTR UPDATE FY %2M GmuMeI JJ I A OG Nw Ctt Jan I FM I I r A Wv I Jw Id i Am I S Od I Nw IOee len I Feb I Mar I q Wy I Jin JJ A Oq Nw 0.c Je FM Id TNV Z1/D] 36X IS FN 3!!1/06 62X Ise T.1 eIM1 ]D%1... ..... ......... .. ................ ... ........ --l"..— ...... ... _.. .. ... .................. .. ..... .. ...... ..... ..... ....... UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 3rd QTR UPDATE 7f, NiYb p�pegs{Yp598030.R100Rq.mpp B/t0. .. 068 1 069 PlofedMYp508d5a.12708Rµ Thod2Tro6 ............ ............ ............................. 1-1- ...... ........... MM 61 Mw 7 4M2 ...... iii 714 4 M5......... ......... .. ............ 71%1/06 ........ . .... ..... ......... .. ......... T I In, OX 6 ....... .- .......... ......... -... nt Fe163pro6 OX .. ................ .. .......... tutsT 6 Mon 1116106 lw% ..-...... tiie =6 m .... ............... . ..... ...............T the F. . ... ................. ....... ......... . . ......... ... .............. tnt TUO Wm 'w"los 0% 0% .......... ............. ....... .. ..... .... ............. --- .................... ............... .... .. .ttni am"WHOM I &IMS 0% ............ ........ - . ............... .......... VS. Th. wlms 0% ........... ...... ................ ............... --- ........... .. ................ 114 3 FA W30W 0% ......................... ....... -- . ..... ................ ..... ................. . 5 Thu IMMS 45% . .......... ................... -- ........... - ................. I Thu W 1M 100% ................ :� ........... — ........ * Wil ♦......... ....... ... ..... ....... ...... ...... * I'll ........ ................ ......... - ... T 0% ....... ....... ....... .. -. ... .. .......... ........ i Man WTM 0% ........ WT ...... ......... .— ........ .. ....... m ....... .................. ..... ...... .. .............. --., 31i . . Thu62=7 M ....... .......... .............. --- ....... .............. ...... .... ..... ... .. ...... ....... ...... .... 9110 Uliii¢ Pmp�MRp ,mpp UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 3rd QTR UPDATE i ,o„o 070 4)00, z Power Resources Division Monthly Report ■ Power Resource Update ■ San Juan Environmental Project Update ■ Power Consumption Comparison ■ Wholesale Market Trend ■ Power Resource Budget Update 071 Power Resource Update ■ Finalized the power resource optimization for the second quarter and third quarter of this year. Commencing the planning for fourth quarter of this year and 2007 ■ Continue to participate in the review and coordination in several California Independent System Operator (CAISO) proceedings: (a) Resource Adequacy proceedings; (b) market redesign proceeding; (c) compliant by Independent Power Producers against the CAISO ■ Finalizing the guidelines of a municipal resource adequacy program. Preparing the resource adequacy submittal to the CAISO by April 30, 2006 ■ Commencing the planning and strategizing to replace the terminated long term contract with Duke Energy ■ Terminated the participation in Southern California Public Power Authority (SCPPA) renewable procurement project due to concerns regarding cost and unsuitability of resource characteristics to serve our needs ■ Conducting detailed customer class load profile analysis in preparation for cost of service study 072 an Juan Environmental Project Update ■ San Juan Generating Station (SJGS) is undertaking major improvements to reduce and capture air emissions as part of the comprehensive settlement agreement with the environmental interest groups ■ The entire project is expected to be completed by the end of 2008 ■ The project cost has escalated steeply from the initial estimate of $120 million to the current estimate of $220 million ■ City's share of the cost has increased from about $2.5 million to $4.5 million payable over the next three fiscal years ■ SCPPA participants are planning a trip to the plant in May to discuss the project with SJGS management 073 074 CITY OF AZUSA ENERGY CON COMPAPoSON _ ENENN MNH MYCONSLM11P90 �. { PERCLM.. •' _. lvUNIH _4.._.... FY04-05 FV 05-06 i CHN4Cf . _.....-.... ' JL.L_ �.. -. ._. .i 25..758 ..._.. 25,839 i 0.32% ' AVG_ ?__ _ L._... 26,758.._. . SEP:. 25,213 _ 22,725 .... _ -9.87% ! .. OCT 21,561 2046 ! - NOV 19 13 � . DEC j 2D,328 20,163...... 7 -0.81% _------- _ _. ._; __... a?�>.�......_ _ '. _.._.. _. 20,070_-- FEB ..17.998 ..... 18,397 ,_..._ 2225/6 - _ MNi 19762 ,.. .. ._..APR._ ..;_...,._ _ 19518._. _. _. _....... .._-_-_. ._, __ .... ..__ - .____._--------- _.____.r M4Y 21.440 i JW 21204 TOTAL 258,065 175,641 -0.17% CITY OF AZISA PEAK DEMAND COMPARISON PERCENT MONTH I FV0465 FY D5-06 I CFWNGE - J1A. I 56.4 57.4 _ _ 1.9D% � .._ AUG � ... $6.9 _ I 57.9 1.92%. SEP ` ..i 582 _.. 54.9 45D 4B:0 .__OCT _. i..._...__ DEC......_...__ _._._.-_._.._. 35_Z._.._.._...._....__`__... _ ........ _.._..__..__._E.___.___.._2.._.._._... JAN 35.6, 34.8 ---- FEB 1 33.5 37.1 j 10.881/6 MAR 399 ... .. . APR 38.4 I MAV 462 JUN i 47.6 'PEAK DEMAND PI MvV 074 075 WHOLESALE ELECTRICITY SPOT MARKET PRICES IN CALIFORNIA I t ... - _., AVERAGE MONTH ON PEAK PRICE OFF PEAK PRICE ! _ .... JAN 05 _ 1. _ $47.80. _ , _ $36.95 FEB O5_ i $47.79 $3787 MAR 6 $51.46 _ . APR 66 .$38.22 _ MAY05.--......l . $49.30. i $31.17 JUN O5 _ -.J _ .. .. .. $53.35 _ .. $30.81 JUL 05 .._,... -- _ .. �... $76.80 ............. .. $5414 ....... _.-....., SEP 05 .. _ . $64.09 .................. ..... .._........._ _.. $64.96 CCT05__...._ _..._ -. �- .. $6957.._...$71.27...__._. ...., .. _.........� .�__..,__.__._..._..... ... ... NOV 05 ..... - ... . _. ...: $55.39 ---- DEC OS_... _ `$9447 - $80.52 JAN06 $46.30 _.._....._.;.--.-_.._ i FEB 06 i. �. - - -- _ $53.77 ..... $46.34 IALL PRICES INWW i .... .... .. ... .. 075 076 Power Resource Cost Accounting FY '04-05' F ---F- - -11 (3) F ----I LONGTERM NG LE S^LE NET _ -I CS j DIWA�M�OOSM PURCHASES REVENUES JW -05 1,3]84328 2837.92329 MMM I 30,63920 2B273AO 4,175.n4,5 12=3]4.8 I.7833498B I Sep05 OC415 UM.419.09 ..1,23837.40 —2549B3912 M7.�� 15761M liM9.06 892012.19 , ,—------ 1,181,90.]3 28.921.31 385123614 3844,73)26 ..--- m [2971.%9.") 12x53.53016) ,(1239874.03f l5nR7650 1.491207.10 I NwAS1 —237,�W --M102M, —2MW� 1.009,75330 74.M&" 21B.M.13 11,7�71 M.7".05 2�lm4.83 (l.0WW5.37) 1.258o6B9A6 1=529335 1.I83.57.01 219246,8 12,542.43, 28.138.13 (12)0242.361 1,025870M 1.793012.65 218.788. 20mD.00 .2eW8])AD 25J381z8 %00256.31 (1.789A5650) _1.1TBA35A4 193.99981 Pob96 99680930 188588293 M=M 20,000.00 zpmss 3216.]24 35 am 0.58388800) 1,fi32,741 35 am A�m000 Nhym -- ---- 6--M TOTAL WM60552 $15.MAM" $1,0340,17, $149.95897 521688155 525,388887.67 ($13,984296,74) A 'INCLUDES PLL WbffTERMMnHASMF�HEDGMMDLOAD E.4IMICIN6MRPO5E5 zid (B) . .... .. 076 INFORMATION ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIESnA� DATE: MARCH 27, 2006 Y SUBJECT: QUARTERLY FUEL COST ADJUSTMENT FOR SAN JUAN RESOURCE On July 26, 2004, the Utility Board approved a fuel cost adjustment mechanism for San Juan power plant. This mechanism is intended to credit customers with cost savings that are realized when our power plant operates reliably and replacement power cost are avoided, and conversely, allow the Utility to increase revenues to recover a portion of our replacement power costs when the San Juan resource experiences outages. This report encompasses replacement power costs incurred for the San Juan resource during the period of December 1 1, 2005 through March 15, 2006. There will be a Fuel Cost Adjustment of 0.42 cents per kWh on customer electric billings for the billing period of April 1, 2006 through June 30, 2006. The San Juan unit #3 availability during the period of December 11, 2005 through March 15, 2006 was 78.03% lower than the budgeted availability of 85%. The cost of replacement power was about 25% higher than the budgeted cost ($52.42/MWh actual vs $40/MWh budget) reflecting continued higher energy commodity price environment in general during this period. The total replacement power cost incurred above the budgeted amount for the period is $257,880 for quarterly fuel cost adjustment recovery. The Fuel Cost Adjustment rate will be 0.42 cents per kWh or about 4% of the retail rate. This rate will be applicable for electric bills rendered commencing April 1 through June 30, 2006. Prepared by: Bob Tang, Assistant Director of Resource Management Attachment Sl FCA Q2_06_t.xls (}77 San Juan Fuel Cost Adjustment Calculation for Q2 2006 Cumulative Quarterly Difference (CQD) Q3 2005 Carry -Over If I(CQD)I<$100,000, then adjustment=0 If I(CQD)I>$750,000, then adjustment=+ -$750,000 or else adjustment = CQD Forecast Retail Sales (MWh) SJ FCA for Q2 2006 (cents/KWh) (`) Through March 15th, 2006 $257,880 $257,880 April May June 19,412 21,352 21,110 0.42 Dec 11 -January February March (') Actual SJ Output 32,813 11,787 8,771 Actual SJ Replac Energy Cost $196,615 $399,498 $72,167 Maximum Output 37,440 20,160 10,800 Unavailable SJ Output 4,627 8,373 2,029 % Outage Rate 12.36% 41.53% 18.79% Base SJ Output @ 85% 31,824 17,136 9,180 Unavailable SJ Output 5,616 3,024 1,620 % Outage Rate 15.00% 15.00% 15.00% Base SJ Replac Energy Cost @$40/MWh $224,640 $120,960 $64,800 Actual - Base SJ Replac Energy Cost -$28,025 $278,538 $7,367 San Juan Insurance Premium Recovery $0 $0 $0 San Juan Insurance Payout $0 $0 $0 Cumulative Quarterly Difference (CQD) Q3 2005 Carry -Over If I(CQD)I<$100,000, then adjustment=0 If I(CQD)I>$750,000, then adjustment=+ -$750,000 or else adjustment = CQD Forecast Retail Sales (MWh) SJ FCA for Q2 2006 (cents/KWh) (`) Through March 15th, 2006 $257,880 $257,880 April May June 19,412 21,352 21,110 0.42 11111111111h. —6 INFORMATIONAL ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES S' DATE: MARCH 27, 2006 SUBJECT: LEGISLATIVE REPORT Attached includes powerpoint presentation which highlights some bills of interest to the City. Also attached are two documents from the Legislative Committee of the California Municipal Utility Association, which summarize various bills and provide positions of taken by the Committee. Prepared by: Bob Tang, Assistant Director of Power Resources Cary Kalscheuer, Assistant to the Director of Utilities Attachments: 079 R Legislative & CMUA_LEG CMUA_LEG Regulatory Update.pl 3-7-06.doc 3-20-06.doc 079 illative and Regulatory Update March 27, 2006 m AB 1925 — Blakelee — CO2 Emissions . Requires the California Energy Commission (CEC) to prepare a report to the Legislature in ways to reduce CO2 emissions from the generation of electricity . The bill will have financial consequences to the City if it requires the utilities to meet certain CO2 emission thresholds . City's San Juan generation is a source of CO2 emissions 0812 AB 2021 Levine — Muni Energy Efficiency . It would mandate the municipal utilities to spend defined amount of money AND achieve defined amount of energy reduction and peak demand reduction targets . It would impose the municipal utilities to "decouple" the retail rates to promote energy efficiency and conservation ` . It would impose hefty penalties if energy reduction and peak demand reduction targets are not met . The bill is opposed by the munis unless amended IZ AB 2207 - Blakelee — Renewable Portfolio Standard (RPS) credits . Requires the CEC to issue RPS credits for power generated by eligible renewable resources . Allows the use of RPS credits for the purposes of complying with RPS program SB 1368 — Perata — Green House Gas (GHG) Emissions • Prohibits any utilities to procure new base load resources which have GHG emission level exceeding the GHG emission level of a state-of-the-art combined cycled natural gas fired generating unit • The bill effectively prohibits additional procurement of coal fired power • I, SB 1554 — Bowen . The bill would exempt the muni Greenfield customers from the Investor Owned Utilities' Cost Responsibility Surcharge (CRS), commonly known as exit fee March 7, 2006 TO: Heads of Utilities, and CMUA Legislative Committee Members SUBJECT: NEW POSITIONS — March 6n' Meeting Legislative Committee Meeting i New Positions — March 6b 086 VH HD 1�0� ,Iv1uI11GItJQ1 ry ♦1lC1ALWl114aD � ;e' Chavez' (D);, Amentls the Mu6icipal Water District Law to add a legislative finding and declaration regarding`opportunities to increase enemy production ., from renewable'reso6ibes connected with the water delivery systems ', of municipal water districts: States the intent of the Legislature to ' establish a program to encourage municipal, water districts to develop xF renewable energy resources to helpretail sellers of electricity meet the State's renewables portfolio standard: M " *. POSITION'WATCH T z CA AB 1970Energy Resources California Vampire Slayer Act' Levine (D) _ Requires the manufacturer of an appliance sold in the California ,,Vampire Slayer Act of 2006 to place a power.content label on each oV its products that shows the energy consumption or energy efficiency of 71the appliance. Requires that the label also show the appliances q if estimateclannual operational cost both when the appliance is in the activelon mode and 'when it is in the active/standby mode. Prescribes requirements on how the label is to 6e attached, . POSITION: WATCH vz3rzoos: ," _ i To ASSEMBLY Committee or, TILITIES AND COMMERCE.., - F- - I CA' AB 1990IEminent Domain Walters (Ry t rohibits a city, county; special district, school district"community • INTRODUCED. redevelopment agency or community development commission or joint powers .agency frons exercising the power of eminent domain to #� acquire any real property it ownership of the property will be transferred to a private party or private entity. POSITION WATCH CA AB 2011 "i Local Agency Investments _ x. 102121/2006. 4 + iVargas (D)•, „Relates to investments in, and criteria by, which local agencies; may To ASSEMBLY Committees on LOCAL GOVERNMENT and (invest surplus funds Authorizes the Investment of those funds In y BANKING AND FINANCE. rcertificates of deposit under specified conditions tIPOSITIONr WATCH VAB 2018 Water Districts: Landowner, voting I INTRODUCED. ildana (D)' Relates to voters within certain water districts holding an election to be landowners for3he purpose of voting in elections conducted by or on �k Yti behalf of those districts Makes changes in existing lawtothe conduct p , of elections in special districts that have landowner voting, in order to ensure a more open and fair process in contested elections POSITION: DROP w.. ... — _. _. SCA AB 2021= [Public Utilities: Energy Efficiency ': - ovta/loos Levine (D)Requires municipal utilities to.decouple revenues from total sales of5 * INTRODUCED. r electricity. Requires that local publicly owned utilities contribute ? proportionally to meeting any statewide�energy saving targets a: ' (Requires local utilities to contact for independent evaluation s =. )POSITION OPPOSE CA AB 2062 Electricity Core, Noncore and Core -Elect Marke�� 02/26/2006 Richman (R) Relates to reformation of electrical. restructuring in order to implement ` �*'To ASSEMBLY Committee on a core noncore i ooze=elect market structure Requires adoption of # UTILITIES AND COMMERCE. xi rules under 'N'h'noncore customers must elect whether to procure r the electnaty they consume from an electric service provider, elect to I receive commodity service from th"e electrical corporation under a s a procurement plan fora rriinimum'period of 3 years or receive default' - t commodity "service from the corporation. ) " n A. POSITION WATCH a Legislative Committee Meeting 2 New Positions — March 6" 087 Legislative Committee Meeting 8 p Q New Positions — March 6'" O A AS 2321 Energy Governor s Green Action -Team - �o212v2oos -- -;• anciarnilla (D) Establishes the _Governor's Green Action Team: Specifies a priINTRODUCED.. mary 0; mission of overseeing and directing progress towards. reducing Y. telectricity`purchases forstate-owned buildings and to,.achieve 4 comparable reductions in electricity purchases for other entitles of ' !'state governmentjor local government for.scheols and for z' commercial buildings � p I POSITION• SUPPORT 3A"AB 2396 Metropolitan,Water Drstticts , ' ' = 02/23/207 alderon`�D) . Relates to the;Metropohtar Waster District Act `-Amends the act to -„ •INTRODUCED. t change the candomposition of the board of directors to provide for the dite election ofinembers of the board by voters residing in the _ rservice area of tfile district Al "I14 POSITION .OPPOSE ,A AB 2397 tl Metropolitan Water Districts Service Contracts 02/23/2006 liINTRODUCED '. Calderon (Dj Relates to the%Metropolitan, Waster District Act. Prohibits a district from entering into a contract for permanent or temporary services, skilled or a i .. lunskilled- if such services are of a kind that persons selected through its civil service system could perform adequately and competently. . "POSITION OPPOSE DA`AB 2402Public WaterSystems Treatment=� .y. =' - -r ov23/2oos: - ' " • INTRODUCED. 3uskln (D) 4, Requires the Department of Health Services to identify treatment ` methods technologies and other management options that reduce or ehmtnate the need to add additives to drinking water; to report to the fi Legislature'and to post such report and data on Its Internet Web site. KV �...� POSITION WATCH A AS 2496 Water Conservat on Low Flush Water Closets 02/2'312006 _aird (D) §,Requires all new buildings constructed in the state that use tank type ,'. INTRODUCED. fuse water closets to use a specified amount of water -per flush that is ° less than currentlyallowed and to meet the most performance istandards of the American Society of Mechanical Engineers. Requires'; <- �` fall new buildings that uses flushometer type water closets to use a, specified amount of water per flush that is less than that currently g rallowed OPOSITION FAVOR F -AAB 2515., Water Conservation,'` - eti2ai2oo6: 3u'skin (D)v Requires the Energy Resources Conservation and Development11. f• INTRODUCED. Commission to establish water efftciency standards for residential and commercial water using ap`phances and other products ,Regwres the t E commission to prepare and submit to the Legislature a report that sets k Orth recommendations regarding the,utillzationof 'water, use ratings for. a % ' those appliances and products Recommend an accounting method :, for evaluatln the direct financial costs and benefits of waterer ` conservation and efficiency program ROSIT/ONr OPPOSEIAMEND CA AS 2535 _ (Public Water Systeme _OL2srL�e Leslie R '<Y INTRODUCED. O - Makes a technical; nonsubstantive change to existing law that requires . the Department of Health Services to conduct a public hearing prior to rithe issuance of any new; revised; renewed;`or amended public water a, :system permits, or denial or a permit: t POSITION• WATCH €.3 y a' S - Legislative Committee Meeting 4 New Positions - March 6" n Q 9 Legislative Committee Meeting New Positions — March 6" 5 090 4 S6 1123 lcValidations .. _ .01/19/2006:. r - ' • To SENATE Committee on nate Local Enacts the Third.Validating Act of 2006 Validates the organization, LocAL GovRNMENT k, 0vernn ent boundaries acts; proceedingsfl-, and bonds of the state and counties, )mmittee': es cities, and specified districts agencies and entities "POSITION. SUPPORT = DA SB 1166 4agestad (R)- s S � ASB 1169 2 .ox (R) 196 3A SBI 210 rorlakscn (D) r.looa Yroiecilon h ldean, Dare, nenduic vvarCr auNNIy , ----- Enacts the,Flood Protection and Clean; Safe;'Reliable Water Supply: 7o SENATE Committee on Bond'and Financing Acts of 2006 and 2010TAuthorizes the issuance 1sWAT R L RESOURCES AND and "sale of bond's for the purposes of financing specified flood protection and water management programsn Imposes an annual -- water resources capacity charge on each retail water supplier in the state based on the number and types of water connections In its - - service area according to a prescribed schedule ° POSITION WATCH Municipal Utility Districts: Purchases 'oi/19/2006. To t Establishes an alternative acquisition process for municipal utility ;';EN RGY, UTILIITIES AND Committeen' districts to purchase supplies and materials.,` = t COMMUNICATIONS. POSITIONSUPPORT„� _ LocaTGovernment Omnibus Act'of,2006 � ,, do2127/2006:� - From SENATE Committee on Deletes an obsolete cross-reference in the Planning and Zoning Law -.t ;' .; LOCAL GOVERNMENT with to arovision of the California Environmental Quality Actrelatingto, authors amendments. environmental impacts for residential development projects. ' • In SENATE. Read second time POSITION SUPPORT t > rrand amended. Re-referred to Committee on LOCAL - -� ” GOVERNMENT. Eminent Domain - . "J' - <<, ovoz zoos: Provides that public use does not include the taking of property in p g p p y .,)i' . To SENATE Committees on - :Order to transfer. it to a nongovernmental entity for: purposes of 'JUDICIARY and LOCAL GOVRNMENT.- 2 econoinic development orincreasingtax revenues, except as - specifically provided under the Community Redevelopment Law. xI POSITION: OPPOSE CA SB 1215 Environment: CEQA v; k: To SENATE Committee on Cox (R) Makes a technical and no change to the definition of RULES. 111environment In relation to the California Environmental Quality Act: POSITION WATCH CA SB 1216 Environmental Quality e -- To SENATE Committee on Cox (R) Makes technical and nonsubstantive changes to the definition of -RULES. environmental impact re ort in- relation to. the California Environmental „ s, • Quality Act. POSITION: WATCH' ,A SB 7230; %rez (D) �x ;an Joaqurn;Valley Clean Al r,Enterprise Zones -§tabllshes the Clean Air-Enterprise'Zone Program for the purpose of r ,.'- reatingone'or.more�clean air enterprise zones in order, to provide icentives for owners of stationary sources of air, pollution to invest in y_ ir-pollution control' equipment that produces surplus and quantifiable" emissions reductions.- 20SITION DROP f b � Al ✓x r < O Y 7101ZWO: To SENATE Committees on JVIRONMENTAL QUALITY and =VENUE AND TAXATION. Legislative Committee Meeting 6 New Positions — March 6ffi 091 ,A SB 1250 , (Energy: Cost- Energy Effic_ienc 'erata (D) =; lAmends existing law that requires the Publ tevaluating energy efficiency Investments.0 authorities, to ensure that no energy efficie � provide incentives forthe purchase of new .' ;refrigerators. Deletes the refngeratorpurcl- certainrequiremerits under the Reliable El, 'Act regarding moneys collected for public edevelopment,"and demonstration POSITION: WATCH 'f02/16/2606 . 5 - "To SENATE Committee on ; 'Imisslon In,;, '4 xENERGY, UTILITIES AND Igregators electric service providers, and local "I IrY aid COMMUNICATIONS, ...... s r+ used � -» �� * m financial commitment for. baseload generation >i�- x: :`Deletes �`� e standard established by the State Energy, l lion and Development Commiss on, VOA., ',02/22/2006' ;_ublicContracts s M - To SENATE Committee on >, lomero (D) [PrOhibitS a State agency from entering Into a contract for the S �? wGOVERNMENT MODERNIZATION f' !acquisition Of gOOds or services with a Contractor who does not have EFFICIENCY & ACCOUNTABILITY sand adhere to a written policy annually providing his or her full time 'employees with days of regular, pay for actual jury service.,,*r? F POSITION. WATCH DA SB 1368 r Electricity: I 'erata (D) Prohibits any community,c l publicly own( %pproving, a rlunless that b emission per Resources C POSITION:) Ins of Greenhouse Gases ` °" e�., ,-,, s 02/21/2006: - rving entity including electrical corporations z INTRODUCED. Igregators electric service providers, and local "I is utilities;from entering into, - and the -PUC from,' 1l m financial commitment for. baseload generation >i�- generation complies with a greenhouse e standard established by the State Energy, l lion and Development Commiss on, VOA., ,A SB 1554 `, , s�Local Public Utilities: Cost Responsibility Surcharge'? 30wen (D) .,, ' ,; Prohibits the Public Utilities Commission from imposing an I�including a cost responsibility.surcharge 'on a customer of x :publicly owned electric utility if the customer's location has - ,previously received service from an electricalcorporation:; '?POSITION: SUPPORT ��_ Legislative Committee Meeting New Positions — March 6a' 092 Legislative Committee Meeting ° New Positions — March 6" 093 March 20, 2006 TO: Heads of Utilities, and CMUA Legislative Committee Members SUBJECT: NEW POSITIONS — March 17n' Meeting Legislative Committee Meeting New Positions — March 17" 094 CA`AB 2393 Telecoinmumcations :`02i23/2006y fir• INTRODUCED. `! Assembly 4 Requires the Public Utilities Commission to operi.an investigation , - t Utilities and s R A,and rul'emakmg proceedings to determine whether standardized ill Commerce notification systems and protocol should be utilized by law,", �3 �r Committee ?senforcement,�fire protection; public health public environmental health city or county emergency planning agencies or any > k sx : private for- profit agency to facilitate nophcation of affected embers of the public localemergencies Requires the `r'.,, ' ' r commission to report to the Legislature on the results of the>r -iproceexy ing- a�POSITIdON. WATCH .' vt x `t CA;AB 2424 Energy: Electricity Distributed Generation;' *�� °NRooucEo. Blakeslee (R) rovides that the Legislature fords and`declareIs that f is in the Inteiesiof California consumers to ensure that dIsiributed generation technologies provide efficient cost effective T el=c „fi ectricity'',. ",.i,>�'� £;.,'-- A AB 2501 :South Coast Air.Duality Management District ; ' t ! uvza zuuo: ieu (D) VRequires the South Coast Air Quality Management District to INTRODUCED conduct an,envirortim6rital assessment of the cumulative health impacts emission from stationary sources located in the south . coast district.,,a POSITION WATCH - r a 4 +� .A AB 2573 - EI Ctricity L. ', a- '' , ,� �' + _ 02/2s�20 � eno_ (D) Provides that I e.Hetch Hetchy Water and Power; photovoltaic •INTRODUCED. r electridity genera#ion factlities may notexoeed 5m, ,egawatts of 3 ;v eak' generation capacity iri_total Autiiorrzes ttie City and County of San`Francisco [o use HHWP solar:generation`to supply Ell electricity ti quallfyng remote new load by designating those kd� facilities to be served by f�HWP solageneration 4 A AB 2576` 'Public Wllitie-s Alternative Rates for Energy Program "r , ' ULz�izuua: e La Torre (D) !Requires that the Public Utilities Commis: on establish eligibility (' INTRODUCED t for.the Cs ARE program at 250% of the federal poverty guidelineN POSITION WATCH W _ ._ __._ _ _.__ _ _ 2/24/2006: or the 9 INTRODUCED. he Solar, § ,. VI unding 'e 02/24/2006:.. �A AB 2619 County Water Districts' ,� aucher (R) -, Makes technical; nonsubstantive changes to existing law the y • INTRODUCED. y- County Water District Law which authorizes a county water , Idistri gt to store water for the benefit of the district, conserve water( ti fort t reuse'and appropriate acquire and conserve water and= f' _ iwater rights for any useful purpose ' �rPOSITION WATCH r „ x w�xe9 •.' _1s-.oc-.+ ^t um .a,:� 02/24/20 A AB 2644 Vended Water I? e :" -- INTRODUCED. 7ontanez (Dj . Declares the intent of the Legislature to -enact legislation that � wouldensure the quality of -vended water sold in the state:., . 'F `Yo �' •�- n/,ciTfl, AI IA/A T!'LI x= ,� .�^ ,.�- v.^a£, _'• � -`�< � ,. Legislative Committee Meeting 2 New Positions —March 17ffi 095 9S Legislative Committee Meeting _ New Positions — March 17t' �s CA"AB 2804,E Utilities, Owned by Municipal t orporauons: sewage b - - „ - -.� - • INTRODUCED.- Salin'as (D) , Authonzesa mur?icipal corporation to lease, sell; or transfe�.all or ` part"ofia public utility tlial d owns and operates for furrnshI tsewageollectionTtreatment; or disposal service i1. n accordance ?at with those prescribed procedures POSITION.WATCHICOMMITTEP" ,. .a,.�.x`v- CA AB 2848 Municipal Water Districts , Emmerson (R) ' (Makes technical, nonsubstantive changes to existing law that INTIn RODUCED z; (grants to municipal water districts certain specrfjed powers The rte` district may exercise any of._these express powers and any e 3m K � ' s 'powers'necessarily implied from these express powers.,',-,n,,,,z;,i " g POSITIONWATCH. I h.. . t CA AB 2874 - Renewables Portfolio Standard x ' � 02l24/2006: ' INTRODUCED: States the intent. of the Legislature to establish a program 40 ,.;.to a�R uiiactowatar anencies to develop renewable x �� - States`renewablesportfolio standard rJL <s z POSITION WATCHx -o- �- .� � »,w— ._t A AB 2882 'State Government Flscat Affairs: State Funds. ,F 02/24/2006: ' ... le La Torre (D) ptAllows any local agency orotherentity of local government that INTRODUCED + > �1has authord to issue bonds to request a loan`from the Pooled Y q u h. _ h vestment A"'- t,`and execute the necessarn-Ay x Money ,I s ', documents to obtain and repay the loan u6t .POSITION: WATCH . orrico (D) States Legislatwe Intent to enact legislation that Would encourage +� a school distract to include solar energy as part of a odeMization ornew construction project for school facilities m y POSITION WATCH �_ A AB 2943 v Wafer Charges: Residential Fire Sprinkler Systems rp k02124/2006 --` INTRODUCED. alinas {D)` cProhibits a local water supplier.tnat supplies water to retail P <eustomers from imposing dr increasing water charges solely due {to the installation of a residential fire sprinkler system :? ,`fPOSli70NcWATCH/COMMITTEE �` #I ofanelectricalcorporation's" • iNirtwuctu., ipropriate incentives to ural gas supply costs when ' s for.the price of electricity to 3 as'usedzto generate the - _* ,moi r':- - ;A'AB 2965 j,Air Pollution. Air Quality Programs ` r� iNTRODUceo . evine (D) �I'Declares the intent of the Legislature'to enact legislation to increase awareness and compliance of air quality programs t POSITION: WATCH' ," '', . Aakes'technical,'conforming changes to existing law that,,, r. INTRODUCED. equires an urban wafer stjpplier to'cm harge each cdstoerthat , " las 2'Servlce CpnneCtiOrl for which a -water meter has beer - nstalled;based on the actual volume of deliveries, as measured. )ythe;Watef"meter g ;� € r 7I7CIT/rlN•.Wd TCH .w ��.,. �, r.. z_ _ - - .. ... .. -AI Legislative Committee Meeting 4 I New Positions -March 17" 097 Legislative Committee Meeting ' New Positions — March 171h 098 9y g P 02/23/2006 �..- SB 1539-" San Diego Assn: of Governments Ener Working Group INTRODUCED. i6e (D) States the intent of the Legislature that the commission and the xt ; T� State Energy Resources Conservation and Development' Commission allocate existing funds to reimburse the San ,Diego iAssocration of Governments Energy Working. Group for certain -ra vt �� '�, •costsincurred by.working group in participating in specifiedts'a� r ynx Eproceedings of the commission the Energy Commission and the working group;and certain other energy related activdies i POSITIOlt N WATCH --; bJ1102123/20M, . nv ;,A SB 1605 ?`Public Contracts Public Works =` "� "' 02INTR Db: '' �-� INTRODUCED. Hargett (R) "-; )Relates to public works contracts that involve digging trenches _ , ldeeper than "four feet below,the surface.Specifies that the` cpntractor.notifythe public. nity 0 any physical'conditions that S differ fro conditions Identified at the time the contract was > awarded., r, POSITION WATCH .�._ CA SB 16121 San Francisco Bay/Sacramento.San Joaquin Delta o2/2a/zoos ,•yF; ,,. s •INTRODUCED. Simi1ian (D) Makes-legislativefmdings and declarations concerning the San ! � Francisco, Bay/Sacramento San Joaquin Delta k" 14 WATCH fi, 02/24/2006:. CA SB 1628 iiSan.Francisco Bay Atea, ater Transit Authority INTRODUCED. Perata (D) -) Makes a technical nonsubstantive change to existing law that g ��-iestablishes the San Francisco Bay Area Water Transit Authority i. 02/24/2006 ,. CA:SB 1630 Water,Corporations Sale Right of First 11 1 Refusal INTRODUCED. Maldonado (R) Provides tthat a municipal corporatton-municipal utility district F 1 puGlic utilAty distract or municip I Ater distr#ct in the County of . Monterey has a right of first refusal to acquire any water corporation pro ding wafii'iservice- in the county, in any sale 3 �� lease ~assignment or other disposition requiring approval by the 102/24/2006: "1 �CA SB 1640INTRODUCED Waters a t Kuehl (D) � Relates to a report of hydrologic conditions of water project 8 -• ;'' <,facilities to each contractor, water diversions covered by a permd nor license for small domestic or livestock stockpond uses, civil' " liability for failing to H6'a statement for a diversion or use, the f �" Ai California Water Plan and'co6rdination of an urban water ' rr anagement plan with utilities that provide electric or o i.service r POSITION WATCH Eb CA SB 1650 Eminent Domani Future Uses 0212412! ` , !. ¢ "- INTRODUCED. ` Kehoe (D) ti Requires the governing body of a public entity to adopt ane ` �a _ resolution of necessity and send related notices betore the public 7 f entity jnay use the property; in whole or in part for a public use ,a�� :, r other than the public use for which the public entity originally acquired the property k�r: Legislative Committee Meeting 6 New Positions — March 17' Legislative Committee Meeting New Positions —March 17" 100 I 10212412006: W - ,A S kblic Utilities,. i.INTRODUCED. rt to the' )un e uires the Public Utilities Commission to repo Al '�4)j Islature on how repeal of the Public Utility Holding Act of;1935 consumers and any steps the state adversely impactt-co 4 could ad :=jishould undertake to mitigate negative impacts. °iPOSITION. SUPPORT wp.6' b e 2/2412006; ,WS B 717 8 6 Utilities_ "n 7, I VVI INTRODUCED. V, 1 `1- 1, , _ 1 .1 1 1 1 _k�_ t �uire that a public 1: �z&stad-(%: �` Requir�e-s'thePublic,Util*ltle�� Commission ore, t rease'payable,by any cla"s"s W of customers utility mitigate a rate increase Ul for providing - t ' "utility service well exceed 501tduring any lerdarmonths following i the rate increase and that tt is be accom ou g In ished through a y. 1.02/24/2006: S. S: CA SB 1803 INTRODUCED.; Florez (D) municipal; 'corporation to acquire, construct, operate,or] s6 any T jfpublic utility. Provides Vh I at means of communication includes a, communications system employing wireless local area network 702Z412006: CA,SB 1$16 = Energy Gas Furnace Replacement Program.: aINTRODUCED." Alarcon (D) Relates to the Public Utilities Commission .- Establishes'a prog ram r aria ally replace old gas furnaces Iri residential dweillind'units occupied by�custortiers eligible for CAR Et program' V" �ksqg h`02/24/2006 SCA CA SIB 1817 ,Water Conservation j. J`- INTRODUCED. I that at it is the established water policy of the state to e' water to the maximum extent fea sible,to ensur6,its roHakson (ID)Declares cnseontinu6 availability and to protect natural resources. WATCHPOSITION -1 02/24/2006' CA`SB 7822 Teleco municat on Services,-_z,,� INTRODUCED. bstifi&6,changes to t owen �s iechni6all nonsu- In M,a�ke -`'-- Customer, ServiceAct of A 993- which' Telecommunications -'ion -, consistent requires the'Public tent , with other rbvisions of the Put. WN )lie Utilitles'Cod0tiIitj6s,,C6mm1sse, orders c��rules, and,-, � + �'-4 ' —communication s6rvi applicable tariffs o telecommunication ce providers to apply telecommunications the pollcies'of the act to all providers � of te ecommun V*1 n4l, I I servicesin thiss e"-- TCH,ka, - Vzf, Bii NMI. _y POSITION WA POSMON. . . . . ..... .... .... . Public Records: FeeWaive , r z I,_ �qO2/2412006: 1, f INTRODUCED. A 1832 tate or local agency shall not charge a fee or a Fcopyehoe (D) �Provldes that a s of a public record that it is required to disclose if disclosure of the record is in the public interest because it is likely to xtcontribute to public Understanding ofthe operaton6 or activities of t government , and not I primarily in the commercial interest of requester JtPOSITION OPPOSE. 7�024/2006, 7 i SB 1833 I Restructuring. Eturing Repeals certain requirements INTRODUCED. A K e hge'.for how the Public Uttld+es Commission is todetermine the��v�� .' tene[gy paces paid to quafrfying facilities by an electrical �' Legislative Committee Meeting New Positions — March 17th 8 101 Legislative Committee Meeting 9 New Positions —March 17'" 102