HomeMy WebLinkAbout2019-11-05; Clean Energy Alliance JPA; MinutesClean Energy Alliance -Board of Directors
Meeting Minutes
November 5, 2019 -1:00 p.m.
Carlsbad City Hall -City Council Chamber
1200 Carlsbad Village Drive, Carlsbad, CA 92008
SWEARING IN OF BOARD OF DIRECTORS & ALTERNATES
Carlsbad City Clerk Services Manager Sheila Cobian performed Oath of Office ceremony for
Board Member Haviland, Board Member Becker, Alternate Board Member Hegenauer and
Board Member Schumacher.
CALL TO ORDER: 1 p.m.
ROLL CALL: Schumacher, Haviland, Becker
FLAG SALUTE
Clerk Services Manager Sheila Cobian led the Pledge of Allegiance.
PUBLIC COMMENT
Time is provided so members of the public can address the Board on items that are not listed on the
agenda. Speakers are limited to three (3) minutes each. In conformance with the Brown Act, no
Board action can occur on items presented during Public Comment. If you desire to speak during
Public Comment, fill out a SPEAKER CARD and submit it to the Board Secretary. When you are called
to speak, please come forward to the podium and state your name.
Gretchen Newsom, representing International Brotherhood of Electrical Workers (JBEW) 569,
suggested that the JPAform a Community Advisory Committee.
BOARD COMMENTS & ANNOUNCEMENTS
Board Members Schumacher, Haviland and Becker welcomed everyone to the meeting and
spoke about looking forward to working together for a successful future.
NEW BUSINESS
Item 1. Elect Board Chair and Vice Chair
RECOMMENDATION:
That the Board elect a Director to serve as Chair and another Director to serve as
Vice Chair through Fiscal Year 2019/2020, pursuant to Section 5.2 of the Clean
Energy Alliance (CEA) Joint Powers Agreement (JPA).
City of Del Mar Environmental Sustainability and Special Projects Manager Clem
Brown presented the agenda item and reviewed a PowerPoint presentation (on
file in the office of the Board Secretary).
Motion by Board Member Becker to appoint Board Member Schumacher to
serve as Chair of the Clean Energy Alliance Joint Powers Authority through Fiscal
Year 2019/2020. Motion carried unanimously, 3/0.
Motion by Board Member Haviland to appoint Board Member Haviland to serve
as Vice Chair of the Clean Energy Alliance Joint Powers Authority through Fiscal
Year 2019/2020. Motion carried unanimously, 3/0.
Item 2. Appoint Interim Board Secretary
RECOMMENDATION:
That the Board appoint Sheila Cobian, Clerk Services Manager for the City of
Carlsbad, as interim Board Secretary, pursuant to Section 5.3 of the Clean Energy
Alliance Joint Powers Agreement.
City of Del Mar Environmental Sustainability and Special Projects Manager Clem
Brown introduced the agenda item presented the agenda item and reviewed a
PowerPoint presentation (on file in the office of the Board Secretary).
Motion by Chair Schumacher to appoint City of Carlsbad Clerk Services Manager
Sheila Cobian to serve as interim Board Secretary, pursuant to Section 5.3 of the
Clean Energy Alliance Joint Powers Agreement. Motion carried unanimously, 3/0.
Item 3. Appoint Interim Board Treasurer/Chief Financial Officer and Auditor
RECOMMENDATION:
That the Board appoint Marie Berkuti, Finance Director/Treasurer of the City of
Solana Beach, as interim Treasurer/Chief Financial Officer and Auditor, pursuant
to Section 5.4 of the Clean Energy Alliance Joint Powers Agreement.
City of Del Mar Environmental Sustainability and Special Projects Manager Clem
Brown presented the agenda item and reviewed a PowerPoint presentation (on
file in the office of the Board Secretary).
Motion by Board Member Becker to appoint City of Solana Beach Finance
Director/Treasurer Marie Berkuti to serve as interim Treasurer/Chief Financial
Officer and Auditor, pursuant to Section 5.4 of the Clean Energy Alliance Joint
Powers Agreement. Motion carried unanimously, 3/0.
Item 4. Chief Executive Officer -Request for Proposals
RECOMMENDATION:
That the Board direct staff to develop and release a Request for Proposals and
return to the Board to select a qualified consultant to serve as Chief Executive
Officer for Fiscal Year 2019/2020 at the December Board meeting, pursuant to
Section 5.5 of the Clean Energy Alliance Joint Powers Agreement.
City of Solana Beach Assistant City Manager Dan King presented the agenda item
and reviewed a PowerPoint presentation (on file in the office of the Board
Secretary).
Vice Chair Haviland confirmed with staff that the term Chief Executive Officer is
the same as Executive Director.
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Item 5.
In response to an inquiry from Chair Schumacher, Mr. King confirmed that staff
would be returning to the Board with the responses to the Request for Proposals
along with a recommendation in December.
Motion by Board Member Becker to direct staff to develop and release a
Request for Proposals and return to the Board to select a qualified consultant to
serve as Chief Executive Officer for Fiscal Year 2019/2020 at the December Board
meeting, pursuant to Section 5.5 of the Clean Energy Alliance Joint Powers
Agreement. Motion carried unanimously, 3/0.
Appoint CEA General Counsel
RECOMMENDATION:
That the Board appoint the law firm of Richards, Watson & Gershon as General
Counsel, and authorize the Board Chair to execute a Legal Services Agreement in
an amount not to exceed $80,000 for Fiscal Year 2019/2020.
City of Carlsbad Assistant to the City Manager Jason Haber presented the agenda
item and reviewed a PowerPoint presentation (on file in the office of the Board
Secretary).
Mr. Greg Stepanicich of Richards, Watson & Gershon participated in the meeting
via conference call. Mr. Stepanicich expressed his appreciation for the
opportunity to participate in the meeting and gave a brief overview of this
qualifications to serve as the Clean Energy Alliance General Counsel.
In response to an inquiry from Board Member Becker, Mr. Stepanicich explained
that he would be available to attend the Board meetings on Thursdays in person.
Board Member Becker questioned if there was a need for Mr. Stepanicich to
attend the meetings in person.
Vice Chair Haviland spoke in support of having Mr. Stepanicich attend the
meetings in person.
Chair Schumacher confirmed with Mr. Stepanicich that he would be able to
attend the meetings in person provided the meetings take place on Thursdays.
Mr. Stepanicich stated that he would be attending the November 19, 2019
meeting in person.
Motion by Vice Chair Haviland to appoint the law firm of Richards, Watson &
Gershon as General Counsel, and authorize the Board Chair to execute a Legal
Services Agreement in an amount not to exceed $80,000 for Fiscal Year
2019/2020. Motion carried unanimously, 3/0.
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Item 6. Appoint CEA Regulatory Special Counsel
RECOMMENDATION:
That the Board appoint the law firm of Tosdal APC as Special Regulatory Counsel,
and authorize the Board Chair to execute a Legal Services Agreement in an
amount not to exceed $50,000 for Fiscal Year 2019/2020.
City of Solana Beach Assistant City Manager Dan King presented the agenda item
and reviewed a PowerPoint presentation (on file in the office of the Board
Secretary).
Mr. King introduced Ty Tosdal of Tosdal APC, to provide a brief overview of the
firm's qualifications to serve as Special Regulatory Counsel to the JPA.
Motion by Vice Chair Haviland to appoint the law firm of Tosdal APC as Special
Regulatory Counsel, and authorize the Board Chair to execute a Legal Services
Agreement in an amount not to exceed $50,000 for Fiscal Year 2019/2020.
Motion carried unanimously, 3/0.
Item 7. Adopt Resolution No. 19-001 Adopting the Conflict of Interest Code
RECOMMENDATION:
That the Board adopt Resolution No. 19-001 Adopting the Conflict of Interest
Code pursuant to Government Code Section 87300.
City of Carlsbad Assistant to the City Manager Jason Haber presented the agenda
item and reviewed a PowerPoint presentation (on file in the office of the Board
Secretary).
Motion by Board Member Becker to adopt Resolution No. 19-001 adopting the
Conflict of Interest Code Pursuant to Government Code Section 87300. Motion
carried unanimously, 3/0.
Item 8. Adopt Resolution No. 19-002 Setting the Time and Place for Clean Energy
Alliance Board Meetings
RECOMMENDATION:
That the Board adopt Resolution No. 19-002 Setting the Time and Place for Clean
Energy Alliance Board meetings.
City of Carlsbad Assistant to the City Manager Jason Haber presented the agenda
item and reviewed a PowerPoint presentation (on file in the office of the Board
Secretary).
Board Member Becker stated that she would prefer a schedule that would allow
the meetings to rotate between the City of Carlsbad, Solana Beach and Del Mar.
Chair Schumacher stated she would prefer that all meetings take place on the
third Thursday of each month at 2 p.m.
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The Board returned the item to staff to prepare a schedule reflecting the desire
of the Board to rotate the meeting locations and for the regular meeting dates
and times be on the third Thursday of each month at 2 p.m.
Item 9. Review Proposed Implementation Timeline, Overview of Implementation Plan
& Statement of Intent and Confirm Implementation Plan Assumptions
RECOMMENDATION:
That the Board review the proposed Clean Energy Alliance Implementation
Timeline -Action Items (First Six Months) and overview of the CEA
Implementation Plan and Statement of Intent and confirm that the plan's
underlying assumptions are consistent with those identified in the CEA Joint
Powers Agreement.
City of Solana Beach Assistant City Manager Dan King presented the agenda item
and reviewed a PowerPoint presentation (on file in the office of the Board
Secretary).
In response to an inquiry from Chair Schumacher, staff explained that the Board
may establish boards, commissions and committees per the agreement and that
the Board has the freedom to form any in the best interest of the JPA.
Motion by Vice Chair Haviland confirming the CEA Implementation Plan
Statement of Intent underlying assumptions are consistent with those identified
in the CEA Joint Powers Agreement. Motion carried unanimously, 3/0.
Item 10. Review Draft FY 2019/2020 Initial Budget and Consider Requests for Member
Agency Advances to Fund Initial Costs in the Amount of $450,000
RECOMMENDATION:
That the Board review the draft Fiscal Year 2019/2020 Clean Energy Alliance
initial budget, pursuant to Section 7.3.1 of the CEA Joint Powers Agreement, and
consider requesting advances in the amount of $150,000 from each Member
Agency to fund initial costs in the amount of $450,000, to be repaid from future
CEA program revenues, pursuant to Section 7.3.2 of the CEA JPA.
City of Solana Beach Assistant City Manager Dan King presented the agenda item
and reviewed a PowerPoint presentation (on file in the office of the Board
Secretary).
Motion by Vice Chair Haviland authorizing approval to request advances in the
amount of $150,000 from each Member Agency to fund initial costs in the
amount of $450,000 to be repaid from future CEA program revenues, pursuant
to Section 7.3.2 of the CEA JPA. Motion carried unanimously, 3/0.
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CLOSING COMMENTS
In response to an inquiry from Board Member Becker, staff stated that members of the
public may submit written materials for Distribution to the Board via e-mail at
clerk@carlsbadca.gov.
Vice Chair Haviland asked who the Board members should contact should they have any
questions.
Mr. King stated that each Board member could contact their staff members from their
respective cities.
ADJOURNMENT:
Chair Schumacher adjourned the duly noticed Meeting at 2:08 p.m. and announced that the
next meeting would be held on November 19, 2019, at 10 a.m. in the City of Carlsbad City
Council Chamber.
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Interim Board Secretary
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