HomeMy WebLinkAboutApprove the City's Response to the Orange County Grand Jury 7 -0
2000 Main Street,
' Huntington Beach, CA
92648
City of Huntington Beach
File #: 22-722 MEETING DATE: 9/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: AI Zelinka, City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Shannon Levin, Council Policy Analyst
Subject:
Approve the City's Responses to the Orange County Grand Jury Report: Orange County Power
Authority: Come Clean'
Statement of Issue:
In June 2022, the Orange County Grand Jury (OCGJ) released its report, Orange County Power
Authority: Come Clean, which contains an assessment of the Authority's current operations and
communications with the public (attachment 1). While the OCGJ endorsed Orange County Power
Authority's (OCPA) mission to serve as an alternative power provider that offers higher levels of
renewable energy to customers, the OCGJ produced four recommended actions to improve OCPA's
operations and transparency, one of which the City of Huntington Beach is requested to respond.
Financial Impact:
Not applicable.
Recommended Action:
A) Receive and file the City's initial response concurring with OCGJ's Recommendation No. 4 in
"Orange County Power Authority: Come Clean."
B) Approve the City's follow up response to the OCGJ, directing the City Council's OCPA Board
Representative to request an action item from the OCPA, per the Grand Jury Report, to hire a
qualified clerk to manage agendas and minutes for the OCPA Board and OCPA Community Advisory
Committee; authorize the Mayor to sign and submit the letter to the Honorable Erick L. Larsh,
Presiding Judge of the Superior Court of Orange County.
Alternative Action(s):
Do not approve one or more recommended actions, and direct staff accordingly.
Analysis:
In 2021-2022, the OCGJ prepared the report, Orange County Power Authority. Come Clean, which
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File#: 22-722 MEETING DATE: 9/6/2022
evaluates OCPA's current operations and communications with the public. Among their findings, the
OCGJ determined that OCPA meetings and operations require more transparency and adherence to
public meeting protocol.
The OCGJ's report offers several recommendations for these findings, of which the City of
Huntington Beach is required to submit a response to Recommendation No. 4 that states the OCPA
should utilize a member agency clerk or a qualified OCPA staff member to handle agendas and
minutes for the OCPA Board and Community Advisory Committee. This recommendation may ensure
that meetings will be prepared and posted in a timely, transparent, and consistent manner.
The City submitted an initial response in June 2022 that concurs with Recommendation No. 4
(attachment 2). The OCGJ returned a response in August 2022, requesting specific steps the City
may take to ensure the Recommendation is implemented (attachment 3).
To that end, the City has drafted a follow up response for City Council consideration, stating that the
City Council will direct its OCPA Board Representative to request an action item of the OCPA, per the
OCGJ report, to hire a qualified clerk to manage agendas, minutes, and postings (attachment 4). If
approved, staff will prepare the letter for the Mayor's signature and submit it to the Honorable Erick L.
Larsh, Presiding Judge of the Superior Court of Orange County to satisfy the requirements of this
Grand Jury report.
On August 26, OCPA sent a letter to the city exploring outsourcing the OCPA Board Clerk duties to
one of the member jurisdictions. The letter provided duties, estimated time needed, and
requirements. Due to the regular City Council agenda responsibilities and the current staffing levels
the Huntington Beach City Clerk's Office is unable to absorb the additional OCPA responsibilities.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable -Administrative Item
Attachment(s):
1. Orange County Grand Jury Report: Orange County Power Authority: Come Clean (June 2022)
2. City's Initial Response to Grand Jury Report (June 2022)
3. Grand Jury's Response to City (August 2022)
4. City's Draft Follow Up Response to Grand Jury Report (September 2022)
5. OCPA Board Clerk Inquiry
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Table of Contents
SUMMARY...................................................................................................................................3
BACKGROUND...........................................................................................................................4
Joint Power CCE's in Southern California............................................................................4
Roots of the Orange County Power Authority.......................................................................5
REASON FOR THE STUDY......................................................................................................6
METHODOF STUDY.................................................................................................................6
INVESTIGATION AND ANALYSIS.........................................................................................6
RockyStart for OCPA..............................................................................................................6
Financial Risks and Oversight Concerns................................................................................8
The Importance of Transparency.......................................................................................... 10
Insufficient Notices, Opting Out and Hiding Rate Increases................................................ 12
OCPA'S Contradictory Messaging About the Effect of Opting Out..................................... 13
Public Information Not Reaching Board Members or the Public......................................... 14
Underutilizing the Community Advisory Committee.......................................................... 16
FINDINGS................................................................................................................................... 18
RECOMMENDATIONS............................................................................................................ 19
RESPONSES............................................................................................................................... 19
REFERENCES............................................................................................................................21
GLOSSARY.................................................................................................................................23
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SUMMARY
With start-up funding from the City of Irvine,the Orange County Power Authority (OCPA)was
formed to provide customers with an alternative power provider that offers higher levels of
`cleaner' or `greener' electric power than default levels offered by current providers, Southern
California Edison (SCE)and San Diego Gas and Electric (SDGE). OCPA has just begun serving
commercial customers and will add residential customers in its member communities which
currently consist of Irvine, Huntington Beach, Fullerton, Buena Park, and all unincorporated
areas of Orange County.
The Orange County Grand Jury (OCGJ) endorses OCPA's mission and wants to see it flourish.
The citizens of Orange County deserve and will benefit from sustainable energy. However, no
matter the mission of a public agency, the ability to see how that agency operates and utilizes
public funds is of paramount importance. The OCGJ began its investigation into OCPA in
response to significant public discussion and criticism regarding OCPA's formation and
activities, some of which came from the very individuals who had ardently supported green
energy, community choice energy feasibility studies, and the inception of OCPA.
Since the OCGJ initiated its investigation in 2021, OCPA has made significant improvements in
terms of transparency. Specifically, beginning in February 2022, more information can be found
on the OCPA website, and OCPA Board of Directors (Board) meeting minutes and videos,
which had been removed from the site, were restored. In addition, the Community Advisory
Committee meeting videos appeared for the first time. While the OCGJ applauds these
improvements, certain critical changes have not taken place. As of early April 2022,past the start
date for commercial customers, neither the OCPA notices that were required to be mailed to
customers, nor the OCPA website, contained any direct mention of the increased charges that
would be incurred due to the default `green energy' tiers selected by member cities for their
businesses and residents. OCPA continues to be reluctant to share information requested by the
OCGJ,the public, and OCPA member cities.
In recognition of the fact that OCPA manages a very large budget and commits to long-term
power contracts worth hundreds of millions of dollars,the OCGJ is particularly concerned that
OCPA is operating without in-house leadership with sufficient expertise to oversee the very
complex decisions involved in energy planning and transactions.
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BACKGROUND
The concept of Community Choice Aggregation (CCA)was developed to provide a higher level
of`green energy' and support the reduction of greenhouse gases. Instead of carbon-based energy,
as an energy purchasing agency, a CCA can selectively purchase power from organizations that
provide higher percentages of`green power' than currently mandated in many states, albeit
sometimes at a higher price per kilowatt hour(kWh)than `baseline' energy with carbon-based
components.
CCA, interchangeably known as Community Choice Energy (CCE), was enabled in California in
2002 by AB117,which authorizes government entities (such as cities or joint powers authorities)
to purchase and/or generate electricity for residents, businesses, and municipal facilities. The
CCE becomes the energy provider in place of a privately held Investor-Owned Utility (IOU)
such as Southern California Edison or San Diego Gas and Electric. Interestingly, the IOU is still
required to provide the distribution system, meter reading, and billing services to the CCE.
Energy generation charges are separately itemized on the customer's bill. CCEs are subject to
California Public Utilities Commission (CPUC) regulations and oversight, even though the CCE
is a government entity.
CCEs are required by the CPUC to meet the same energy requirements as IOUs in terms of
power quality, power reliability, and resource adequacy (i.e.,they must maintain access to 115
percent of maximum expected load). Since most CCEs do not generate electricity,they rely upon
the open energy market to purchase power. Power purchases must be made well in advance of
need to avoid last minute, on-the-spot purchases (spot market)that are typically extraordinarily
expensive and can rapidly deplete CCE cash reserves. The energy market is extremely complex
and requires detailed knowledge of its rules and subtleties. Most start-up CCEs have experienced
Chief Executive Officers and initially hire contractors to schedule and purchase power until the
CCE is able to employ qualified staff with the knowledge and experience to meet the CPUC's
strict requirements.
Joint Power CCE's in Southern California
Formation of California CCEs began in 2010. By year-end 2021, 23 California CCEs were in
operation serving 11 million customers.' Many of the first CCEs in California started in Northern
California and have been able to offer their customers financial savings in the purchase of
I Ca1CCA,a CCE advocacy group;https://cal-cca.org.
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energy. CaICCA has reported that CCE customers collectively saved about $90 million on
energy bills in 2018 compared to IOU counterparts.2
One CCE, Western Community Energy (WCE), filed for Chapter 9 bankruptcy in June 2021,
approximately one year after its launch of service. At the time of its bankruptcy, WCE served
113,000 customers in six cities within Riverside County and had accumulated debt of$100
million with less than $50 million in available assets. A combination of an unexpectedly high
level of customer defaults (blamed on COVID) and an extreme heat wave in August 2020 are the
reasons attributed to the bankruptcy.
Roots of the Orange County Power Authority
Starting in 2018,the Cities of Huntington Beach and Irvine began conducting feasibility studies
related to CCEs and their potential benefits. While Huntington Beach deferred further action,the
City of Irvine continued with additional research. Based on the results of its feasibility study,
around July 2020, Irvine moved forward by contracting with a team from the law firm of Best
Best& Krieger(BBK). OCPA was formed pursuant to a Joint Powers Agreement(JPA) in
November 2020. Five member cities signed onto the JPA: Irvine, Huntington Beach, Buena
Park, Fullerton, and Lake Forest. Lake Forest later dropped out of membership. A number of
other cities were approached and declined to join, deciding to "wait and see."
Initially,the City of Irvine committed $250,000 in formation costs. It pledged another$2.5
million for start-up costs, along with $5 million in"launch costs"and/or collateral for the loan
OCPA would need to secure in order to purchase power needed initially.3 To date, Irvine has
invested some $7.5 million, which will be repaid beginning in 2027 assuming the CCE remains
viable.4 Other member cities do not bear any such liability risk.
In December 2020, the newly formed OCPA began to hold Board of Director meetings. The
Board consisted of one delegate from each of the member cities and two delegates from the City
of Irvine. In November 2021,the Orange County Board of Supervisors voted to join OCPA on
behalf of all unincorporated areas within Orange County, which added a County Supervisor to
the OCPA Board.
In April 2022, OCPA began providing power to commercial customers in Irvine, Huntington
Beach, Buena Park, and Fullerton. OCPA plans to begin providing power for residential
2 Ibid.
s OCPA Joint Powers Agreement,page 20.
4 Ibid.,pages 20-21,and Exhibit A.
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customers in these cities in October 2022. It is expected that Orange County unincorporated
areas will start receiving power from OCPA in 2023.
REASON FOR THE STUDY
In Orange County, ardent supporters of CCEs began voicing criticisms and concerns about
OCPA due to their lack of confidence in its leadership and a general lack of transparency in its
operation. Various news articles, including reports that advocates of CCEs were advising cities
not to join OCPA,prompted the OCGJ to investigate further.5
METHOD OF STUDY
• Interviews with OCPA Board members, OCPA staff, OCPA contractors, city council
members, city managers, Community Advisory Committee (CAC) members, and
members of the community.
• Review of state and local laws and regulations.
• Review of OCPA member websites, staff reports, agendas, and meeting recordings.
• Review of California Public Utilities Commission websites,rules, and regulations.
• Review of OCPA's website, contracts,proposals, written communications, financial
records, reports, and OCPA Board meeting videos, agendas, and minutes.
• Website information for other CCEs in California and news articles.
INVESTIGATION AND ANALYSIS
Rocky Start for OCPA
Government agencies at all levels typically follow a strict set of rules related to filling open staff
positions. These frequently include the use of recruiting firms for senior positions. For example,
County executive job descriptions normally include the requirement of an advanced degree or
significant managerial experience in the relevant field. According to OCPA's published
implementation plan dated December 28, 2020,three months were allocated to find and hire an
5 See, e.g.,Voice of OC,"Laguna Beach to Study Leaving Edison for Renewable Energy,"July 14,2021;Voice of
OC,"OC Power Authority to Rewrite Conflict of Interest Code Without Fixing Transparency Concerns,"Aug.2,
2021;Irvine Watchdog, "Orange County Power Authority Unable to Properly Manage Basic Duties,"Oct. 12,
2021.
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Executive Director.6 OCPA Board members were sworn in immediately before the inaugural
Board meeting on December 16, 2020. During that meeting, the Board appointed an attorney
from BBK as part-time General Counsel to OCPA.7 The newly appointed General Counsel
presented the Board with a job description and a single candidate each for the positions of Chief
Executive Officer(CEO) and Chief Operating Officer(COO).
Inexplicably,the position descriptions for COO and CEO were not made publicly available prior
to the hiring decision. The job descriptions also lacked any requirement for prior education,
experience, knowledge of the electrical utility or energy industries, or CCEs. Recruiting efforts
were minimal at best, despite these public positions being highly demanding and very well
compensated. This is not consistent with best practices. The positions require the public's trust
and, preferably,prior familiarity with CCEs. With no other candidates to consider, the Board
voted to approve hiring of the CEO and COO on January 12, 2021. The CEO began working
immediately,while the COO began employment in March. A Chief Financial Officer(CFO)was
hired about nine months later in October 2021.
The COO had a strong and extensive background in the clean energy field and municipal
participation in that field,. Despite her job description,the COO was not given a role in the process
of vetting, retaining, or working with outside contractors critical to OCPA's operations. The COO
resigned from OCPA on December 3, 2021, after less than a year of service. In the meantime, the
CEO, who had virtually no employment experience with CCEs or energy purchase and trading prior
to joining OCPA,was left in charge with a$34 million budget, significant signing authority, little
meaningful oversight, and no OCPA governing bylaws. The CEO's duties are determined by the
Board.8 However, after the COO resigned, Board members and the CEO maintained conflicting
opinions about whether a replacement should be hired, who had the authority to make that decision,
and who would interview and hire the replacement.' With so much authority bestowed on the CEO,
the OCGJ is concerned about what it found to be a continuing pattern of failing to follow best hiring
practices.
6 EES Consulting,Inc., CCE Feasibility Study and Technical Assessment,January 16,2020,Appendix A;.00PA
Community Choice Aggregation Implementation Plan and Statement of Intent,December 28,2020,refers to an
"interim"Executive Director having been appointed on December 16,2020.,which is the date of the inaugural
OCPA Board Meeting.There is no mention of any such interim appointment in those or any other OCPA Board
meeting minutes.
'The General Counsel also serves other clients,including as General Counsel to other CCEs such as San Diego
Community Power,Desert Community Energy,and Butte Choice Energy Authority.
8 OCPA Joint Powers Agreement,Section 3.12,November 20,2020.
9 As of the date of this Report,the COO had not been replaced.
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Financial Risks and Oversight Concerns
Newly formed CCEs enjoy an initial advantage because their commercial and residential
customers are automatically enrolled in their programs. OCPA is in a particularly good position
because three of their four member cities chose the 100 percent tier level, which is the most
financially beneficial for OCPA and its member cities. However,power purchase agreements
may be negotiated as much as twenty years in advance. If its customer opt-out rate increases, a
CCE may be holding power contracts that have to be sold quickly on the spot market, which
could result in unanticipated profits or losses. Therefore, good decisions need to be made early;
long-term stability depends on carrying out the best strategic plan possible in a very volatile
market.
As an illustration of the volatility of the energy market, a 2022 study by LevelTen Energy found
that"a shortage of new renewable projects available to interested buyers has caused prices for
power purchase agreements to rise 9.7 percent since the beginning of 2022, and 28.5 percent
since the beginning of 2021."10 Therefore, it is not surprising that the OCPA mid-year budget
reported an increase of projected energy costs to be "$14.2 million higher than expected due to
higher market prices"and the member city tier level choices.I I
OCPA has been faced with purchasing short and long-term energy contracts at a time when rates
are historically high. OCPA has reportedly committed over$500 million dollars towards power
deliveries through its contractor, Pacific Energy Advisors("PEA"). PEA purchases power on
behalf of a number of CCEs throughout the state. Due to the complexity and potential liability
associated with these purchases, having experienced in-house positions or traders that oversee
their short and long-term strategy and contracts is critical. This has not happened at OCPA.
OCPA Board members and staff have purportedly been in search of a Director of Power
Purchases since OCPA's inception, but no one has been hired to fill that position. The OCGJ is
concerned that the CEO and Board members provided not only different opinions about whether
the position would be filled, but also who has the power to make that hiring decision.
With respect to the CEO position, other California CCE's have employed leaders with years of
experience in the energy industry, as illustrated in the following comparison chart:
10 Utility Drive,Penrod,E.,PPA Prices Rise 28.5 percent as Supply and Regulatory Challenges Pile Up,April 13,
2022.
" OCPA Fiscal Year 2021-2022 Mid-Year Operating Budget Amendment(Staff Report Item 5.2,March 1,2022).
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Chief Executive Years of Industry Experience*
40.0
35.0
30.0
25.0
20.0
15.0
10.0
5.0
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*At time of hire.
At OCPA, the CEO has nearly unchecked authority over an annual budget exceeding $34
million,power purchasing decisions, and the selection and oversight of all contractors. This is no
small matter. Requests seeking the amount that had been committed to power contracts went
unanswered until April 2022,when it was disclosed in a public meeting that the figure was "in
excess of a half a billion dollars."12
In addition to the CEO's responsibility for implementing OCPA's overall vision,this agency,
which relies almost exclusively on contractors, must also have personnel with the appropriate
technical knowledge and experience to provide meaningful oversight of those contractors.
Contractors have been given the responsibility for power purchases, data analysis and
management, marketing and communications, management consulting, public relations,
customer service, legal services, and industry lobbying. This reliance on contractors comes at a
significant cost to OCPA."
12 April 5,2022,OCPA Board Meeting.
13 OCPA Fiscal Year 2021-2022 Mid-Year Operating Budget Amendment(Staff Report Item 5.2,March 1,2022).
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OCPA cannot claim it has effective oversight of its contractors with a CEO who had no prior
relevant energy industry experience, no COO, no Director of Power Purchases, and no other
senior level employee with the appropriate expertise for hands-on oversight.
As a safeguard to this and other potential risks, and as a standard practice for CCEs, OCPA
adopted Policy No. 9,the Energy Risk Management Policy. Section 7.2 of that policy requires
that the Board establish a Risk Oversight Committee (ROC)prior to the commencement of retail
electric service. Among other duties, the ROC is charged with reviewing trading transactions and
supply contracts and reporting their findings to the Board regarding OCPA's adherence to risk
management policies. Once again,the CEO is provided exclusive powers when it comes to
oversight. The CEO is charged with selecting the ROC members and scheduling those meetings,
which are to take place at least quarterly. To date, after over half a billion dollars has been
committed to power purchases and commercial service has begun,there is no public record that
the ROC has been formed.
At OCPA's inception, concerns were raised about the aggressive timeline in place to start service
relative to other CCE start-ups. With only fifteen operational months before the commercial
service date of April 1, 2022,the pressure was on to meet the CPUC resource adequacy power
purchase requirements without overpaying. As it turns out, in November 2021, OCPA sent a
request to the CPUC requesting a waiver of the 2022 year-ahead local resource adequacy
requirements. On January 22, 2022,the CPUC granted the waiver based on OCPA's reasonable
and good faith efforts to contract for the required amounts.
However, during the May 3, 2022, OCPA Board Meeting,the Board went into closed session to
discuss the CPUC's assessment of a Resource Adequacy (RA) fine. According to the CPUC
website, OCPA has been assessed an RA fine of$1,962,845. The OCPA Board has appealed this
fine. It should be noted, however,that according to the CPUC listing, out of the 117 RA fines
that have been imposed since 2009, only one appeal resulted in a dismissal while two others
resulted in a fine adjustment. Including OCPA, only six of the 117 fines listed exceeded $1.5
million, one of which was Riverside-based Western Community, the CCE that went into
bankruptcy. The legal costs and time that will be required to address this fine is unknown. It is
incumbent upon the Board to determine the root cause of this problem and take steps to avoid
similar issues in the future.
The Importance of Transparency
CCEs are public agencies subject to the Brown Act and the Public Records Act. Board meetings
are open to the public. CCEs produce financial reports on an annual basis subject to third-party
audit.
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Transparency, particularly financial transparency, helps keep corruption in check, bolsters public
confidence in government, and promotes fiscal responsibility. In the case of OCPA, a hint to the
attitude of the CEO and OCPA Board Chair is reflected by the Chairman's comment in the
December 21, 2021, special meeting of the Board when the Chair stated, "We're not a typical
agency;this is about as private as a public agency can get."14 OCPA is not a private agency.
According to the California Public Utilities Commission (CPUC)website:
The Public Records Act broadly defines "public records" to include written and
recorded records, unless the Public Records Act or other law exempts the records
from disclosure. Pursuant to Government Code section 6252(e),public records
"includes any writing containing information relating to the conduct of the
public's business prepared, owned,used, or retained by any state or local agency
regardless of physical form or characteristics." . . . The Public Records Act
provides for public access to records the CPUC generates, as well as records
created by others that the CPUC has in its possession.
While there is a long list of exceptions to public disclosure in the Public Records Act, none of
those exceptions broadly applies to public agency budgets, financial statements, or audits.
Until at least March 2022, after more than a year in operation and unlike other CCE's, OCPA did
not have budgets, financial statements, or rate comparisons published on its website. OCPA was
reticent in providing this information when it was requested, and this documentation only
appeared on the OCPA website after the OCGJ investigation and interviews were underway.
Even as of April 2022,the website failed to clearly state the rate differences that would be
imposed upon commercial and residential customers and made no direct mention of the increases
customers would be paying based on their automatic opt-in to the program.
In addition, as of June 2022, no governing bylaws have been adopted. Such bylaws can be
important in establishing internal procedures, such as approval processes, and clarifying what has
not been spelled out in the formation documents. For example,the JPA's provision describing a
Board member's term of office can, and has been, interpreted in two ways by different Board
members and OCPA. Each city is assigned a sitting council member to represent it on the Board
14 December 21,2021,Special Meeting of the OCPA Board,at 1:15-1:20.The Chairman is responding to a public
speaker who objected to the benefits package offered to senior OCPA staff members.The speaker noted that each of
the employee benefits(high salary,300 hours of annual paid time off,monthly car allowance of$500,retirement
contributions,etc.)seemed out of scale to what public employees normally earn,even if it is a hybrid public agency.
Not surprisingly,the Minutes of this Board Meeting reported only that the speaker"compared the proposed benefits
with those of the Department of Homeland Security."This summary is misleading in that it seems to suggest that
OCPA benefits offered are comparable when,in fact,the speaker stated that the highest Homeland Security
Department benefits"don't come remotely close to the gratuitous benefits"provided to OCPA executives.
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for a term of four years. Some believe that the city may reassign the Board member if the
member no longer sits on their city council. Others believe that Board members may remain on
the Board for four years even if they are no longer in office with their respective cities.
Clarifying this procedure is important because the latter interpretation would mean that an OCPA
sitting Board member who no longer has any official standing or obligation to a member city
may remain on the Board. Having bylaws in place should also resolve ambiguities about what
powers the CEO has, such as whether the CEO can unilaterally make decisions regarding senior
management and executive positions.
Insufficient Notices, Opting Out and Hiding Rate Increases
By law, commercial and residential customers serviced by CCEs are automatically enrolled in
the CCE program tier level that has been authorized by their member cities. OCPA offers three
plans:
• Basic Choice offers the same renewable energy delivery of 38 percent as SCE and
SDGE. This choice results in no increase in charges;
• Smart Choice offers 69 percent renewable energy. This choice increases the customer's
bill by one cent per kWh;
• 100% Renewable Choice offers the 100%renewable option and adds 1.5 cents per kWh.
In contrast, San Diego Community Power("SDCP"),made up of San Diego, four neighboring
cities and some unincorporated areas, offers two programs: PowerOn provides 50 percent
renewable with five percent greenhouse gas free at prices competitive with SDGE;the Power100
program offers 100 percent renewable energy with 100 percent carbon free electricity, for less
than one cent more per kilowatt hour than SDGE. Carlsbad, Del Mar and Solana Beach are
served by Clean Energy Alliance("CEA") at rates similar to SDCP.
OCPA's member cities of Irvine, Huntington Beach, and Buena Park selected their default to be
100 percent renewable energy while Fullerton chose the 69 percent tier level. Buena Park's staff
report estimated a cost increase to the City of$103,127 per year for city-owned facilities if it
enrolled in the 69 percent Smart Choice level, and an increase of$154,691 at the 100 percent
Renewable Choice level.15
Under AB 117, OCPA is required to provide customers with two notices prior to automatically
changing the customer from SCE to OCPA service. In February 2022, commercial businesses
located in the member cities of OCPA were advised of the change to have OCPA as their power
15 Agenda Report to City Council Study Session,February 22,2022.
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provider effective April 1, 2022. Commercial customers were also informed that they were able
to"opt-out"of OCPA service or change from their pre-assigned tier level.
Although the price differentials were known to OCPA at the time, no pricing information was
included in the mailers sent to the affected businesses, nor could it easily be found on the OCPA
website. The additional cost per kWh for OCPA customers at the 100 percent renewable energy
level is double the additional costs SDCP and CEA charge their San Diego County customers for
100 percent renewable energy, and nearly double the additional cost SCE charges for 100
percent `green' energy. In another example of OCPA's lack of transparency, commercial
customers were expected to decide upon the level of service they wanted without being provided
or given appropriate access to the price of each of those services.
At the March 1, 2022, OCPA Board Meeting, a member of the public pointed out that the notices
sent out to alert commercial customers failed to mention or indicate in any way that their rates
would automatically be going up unless the business chose to opt-out of the program or opt-
down to the Basic Plan tier. The second required notice also omitted this information. Nowhere
in its notices to customers does OCPA inform the customer that if they take no action, their bill
will increase. Instead,the notices state: "Note,that OCPA rates are competitive with SCE
rates..."Responding to the complaint about the inadequate rate information, OCPA merely
replied that the notice was satisfactory because it was legally compliant.
The OCPA website also omitted the rate differentials,which OCPA had known about for quite
some time. At no point has OCPA made any effort to inform its customers about the automatic
raise in rates if the customer takes no action to make a change. In the current economic climate
of general inflation and overall increases in energy costs, customers could easily be unaware that
a percentage of the higher bills they are receiving are attributable to their auto-enrollment in the
OCPA program.
OCPA'S Contradictory Messaging About the Effect of Opting Out
While explaining its "competitive and stable rates,"the OCPA website includes the following
statement: "When demand for clean energy goes up, OCPA gains greater leverage to negotiate
better rates."16 Consistent with this statement, during the February 8, 2022, Irvine City Council
meeting, a council member stated, "As more cities join us the cheaper the rates will be for
everyone."This is also the consensus in the CCE world:
High opt-out rates can quickly deteriorate the financial stability of the CCE
program.Not only would customer opt-out lead to lower than anticipated retail
ib OCPA website;https://www.ocpower.org(last visited June 7,2022).
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ORANGE COUNTY POWER AUTHORITY: COME CLEAN
margins but could leave the CCE stuck with excess power. Having to sell extra
electricity on the spot market can mean selling it at a loss.17
During the same February 8, 2022, Irvine City Council meeting,the question was posed: "If
more people opted out than the model,how would it affect electric rates?"The OCPA CFO
responded that the working model allows for a five percent opt-out rate for residential customers
and a ten percent opt-out rate for commercial. The CFO then stated: "If[the opt-out rate]
increases more than our expectation or assumption, it won't have a significant financial impact
because the revenue will match with all the costs of energy."Follow-up questions led the CFO to
explain further: "If more people chose to opt out, more than 10 percent let's say,the costs of
energy will decrease as well as our revenue. So, because of the matching principle, there will be
no significant financial impact to us."This statement is inconsistent with the information
contained on the OCPA website and the prevailing wisdom that low opt-out rates are important
to the success of any CCE.18
The percentage of customers and the energy load those customers represent are crucial figures to
OCPA's success. Yet, dissemination of the information regarding the opt-out load percentages
has been restricted by OCPA. Member cities and others requesting that information have been
denied access to or received few specifics about the opt-out and opt-down activity, and what
impact that has on the overall OCPA financial picture.
Public Information Not Reaching Board Members or the Public
The OCPA Board of Directors is charged with oversight of the agency. Under the JPA,the Board
"shall conduct all business and activities of the Authority consistent with this Agreement and any
bylaws, operating procedures, and applicable law."
To properly perform its oversight function,the Board must have access to all documents related
to OCPA, even if that information is not subject to public disclosure. Unfortunately, this is not
the approach that has been taken at OCPA. Based on interviews and our review of documents,
there has been a pattern of failure and/or resistance to providing information to the Board, even
when the information has been specifically requested. This lack of transparency does not align
with public agency obligations and can create suspicions of wrongdoing.
11 Battaglioli,Daniela,"Towards Electricity Decarbonizaion: Options for Community Choice Energy in Del Mar,
CA"(2017),citing Pacific Energy Advisors,Inc.(2016,January 8).Peninsula Clean Energy CCA Risk Analysis
Summary Table.Retrieved from 3128 https://www.peninsulacleanenergy.com/wpcontent/uploads/2015/10/FINAL-
Peninsu la-C leanEnergy-CCA-Technical-Study.pdf
"See id.
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ORANGE COUNTY POWER AUTHORITY: COME CLEAN
Information has been made equally unavailable to the member cities and the public. During the
public comment section at the December 21, 2021, Board meeting, a speaker stated that there
had been previous requests from a Board member, as well as the public, for financial
information, including that the check register be provided. No response was provided, the
information was not posted online, and the minutes did not record either the request made on
December 21, 2021, nor those made prior to that date. The OCGJ investigation corroborated that
several information requests properly submitted by the public were virtually ignored. Board
members were also stymied from obtaining this information. They were allowed to review the
information only after making multiple requests, and under the condition that the records be
reviewed at the OCPA office.19 The OCGJ and member cities continue to face roadblocks in
their attempts to obtain information directly from OCPA. It should not be up to OCPA staff to
determine which of its actions are subject to Board oversight.
In December 2020 and early January 2021,the OCPA Board meetings were held remotely, but
recorded on video. Beginning on January 26, 2021 (coinciding with the hiring of the CEO), those
meetings were no longer recorded. After some public outcry,video recording resumed on June 9,
2021. Often, Board meeting minutes and videos would not be posted for several weeks or longer.
During the course of our investigation, in or about March 2022, video recordings of Board
meetings held between July 13, 2021 and January 11, 2022, were removed entirely from the
OCPA website and could not be accessed. During the first week of April 2022 the videos re-
appeared, along with meeting minutes. OCPA did not explain the temporary removal of that
information.
The Board meets monthly on Tuesday mornings. Often,the agenda and staff reports are not
made public or provided to Board members until the preceding Friday or Saturday,just in time to
comply with the 72 hours' notice required by the Brown Act, leaving little time to properly
review the materials and prepare for the upcoming meeting.
The OCGJ confirmed that in 2021, matters were being placed on the agenda only at the
instruction of the CEO, and that requests from individual Board members and the CAC for items
to be placed on the agenda were being ignored. In a detailed review of the OCPA Board minutes,
the OCGJ found inaccuracies and unnecessary or potentially misleading omissions, including
failing to refer to questions and statements made during public comments. There also appeared to
be many technical difficulties during Zoom meetings.
There are also examples of OCPA presenting information in a way that misled the public. At the
March 1, 2022, OCPA Board meeting, approval of the mid-year operating budget was on the
19 OCPA Board meeting video and minutes of Dec.21,2021.
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ORANGE COUNTY POWER AUTHORITY: COME CLEAN
agenda. During the budget presentation,the Board was informed that the year's anticipated legal
costs would be increasing by $446,000, from $354,000 to $800,000. 00PA explained—in
writing and orally—that the anticipated increased costs were"primarily due to a large number of
PRA (Public Record Act) requests, non-legal board clerk support services, legal support for
unanticipated matters, and power supply procurement transactions and negotiation services."20
Listing the PRA requests first overstates the significance of their associated costs. When asked
for clarification, OCPA General Counsel explained that legal staff were needed to support OCPA
in"day to day operations"and that there had been"quite a bit"of PRA requests. Finally,when
asked directly how much of the budget was dedicated to handling PRA requests,the answer was
$22,000 for the year. Aside from the fact that responses to those PRA requests had, in large part,
not been forthcoming,this is a trifling percentage of the $800,000 budget request. Attempting to
blame the doubling in legal costs on PRA requests seems indicative of OCPA's attitude towards
individuals who seek information and transparency.
Underutilizing the Community Advisory Committee
According to the OCPA implementation document which describes the purpose and scope of the
Community Advisory Committee (CAC),that Committee is intended to advise the OCPA Board
on the operation of its energy program, help identify areas of concern, and assist in educating the
public.
The very first duty listed on the Scope of Duties document is to elect officers of the CAC "to
ensure that the Committee can operate independently and collaboratively, with limited support
from Authority staff,but in keeping with the priorities of the Board."That effort was reportedly
thwarted for some time by the intervention and inaction of the CEO. This finding was confirmed
in a memo dated January 26, 2021, from the CEO to the OCPA Board. The Board had requested
that staff provide an overview and update on the CAC at its next meeting on January 26, 2021.
Rather than comply with the Board's request, the CEO disregarded its direction by notifying the
Board via the memo that"since the Authority will not launch until the Spring 2022, staff does
not want to rush to bring this item before the Board."
According to the minutes from the February 23, 2021, OCPA Board meeting, members of the
Board and the public stressed the importance of the CAC and urged immediate action to get it
started. The COO at the time believed a start date of April was reasonable. Despite the discussion
of appointments and the requests to get things moving quickly,the CEO stated that this was a
20 The Public Records Act provides the people with broad rights of access to public records to help keep government
entities accountable.Except as legally exempted from disclosure,public agencies are required to make their records
"promptly available"to requesters.Cal.Gov.Code§6253(b)(emphasis added).
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ORANGE COUNTY POWER AUTHORITY: COME CLEAN
"receive and file"agenda item and that no Board action was required,thus stifling any energy
and momentum for the CAC to be formed. CAC finally conducted its first meeting on July 8,
2021, but was not approved by the CEO to elect officers until January 12, 2022.
The CAC consists of two direct appointees per member city. At its first meeting in July 2021, the
CAC decided to conduct meetings the first Thursday of the month. Board members and the CAC
repeatedly requested to have the CAC as a standing position on the Board's agenda,but this did
not occur until February 2022, a delay of six months after its establishment. Even then, the CEO
planned to schedule CAC presentations to the Board on a merely quarterly basis.
The Secretary of the CAC is responsible for taking attendance and meeting notes and must work
with OCPA staff to ensure meeting minutes are finalized and posted. According to the OCPA
website,the CAC agendas are posted, although no minutes had been posted until April 2022.
This oversight demonstrates a disregard for the CAC and contributed to a lack of transparency.
The CAC consists of well-informed and dedicated residents/business owners from the four
member cities. It appears that the CEO and Board are underutilizing the CAC's expertise and
enthusiasm. A key example of this underutilization occurred on November 23, 2021, when the
Board discussed establishing an ad hoc marketing and outreach committee in lieu of assigning
this task to the CAC, or seek its advice and input in other ways
Comparison research on how to utilize a CAC was conducted with respect to the San Diego
Community Power(SDCP) agency. SDCP was established in September 2019, approximately
one year before OCPA was formalized. The first CAC meeting of the SDCP was conducted on
May 22, 2020. The SDCP CAC focuses on engaging with the public and providing feedback to
the Board so that they can make educated decisions in the best interest of the community. The
SDCP CAC is very focused and abides by the following Scope of Work guidelines:
• Provide venue of ongoing citizen support (i.e., marketing and outreach)
• Elect officers
• Adopt a work plan every year
• Work on objectives to assist the Board
• Help the Board identify issues of concern
• Draft reports to the Board with findings and recommendations
• Represent views of constituents (i.e., marketing and outreach)
• Incorporate language around inclusion and diversity
• Plan and engage at community events (i.e., marketing and outreach)
• Serve as information channel back to communities (i.e., marketing and research)
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The SDCP CAC conscientiously posts their monthly agenda,the full agenda packet, and a
recording of each meeting on their website. This indicates transparency within the agency. It is
not uncommon for the SDCP Board to engage their CAC. For example,the CAC was able to
appoint a representative to join the CEO Ad Hoc Search Committee and received updates from
the Board on the CEO recruitment process. The SDCP CAC has a standing item and/or position
on its Board's regular agenda. Lastly, the SDCP CAC was empowered to review and provide
input on a Social Media Policy for the agency and established a CAC Community-Member
Communications Guide. By comparison to SDCP, OCPA fails to empower or support its CAC.
Representative citizens of Orange County have worked very hard to develop CCEs to bring
sustainable energy to Orange County. It is our hope that the issues raised in this report will be
addressed in a timely manner so that confidence can be restored in OCPA, and it will flourish
and expand in its membership and participation.
FINDINGS
F 1 OCPA has not properly implemented bylaws and other procedures to promote and ensure
transparency.
F2 OCPA unreasonably delayed the formation of the CAC, has failed to properly utilize
CAC member expertise, and has stifled the CAC from functioning as an advisory
committee as intended.
F3 OCPA hiring practices and procedures for both employees and contractors have failed to
follow best practices, potentially damaging the credibility of the agency and raising
questions of cronyism.
F4 OCPA has failed to hire a Director of Power Purchases or other experienced senior staff
as appropriate for a CCE, resulting in a lack of oversight of contractors and fewer checks
and balances in its operation.
F5 OCPA lacks experienced in-house staff to develop and implement a long-term strategic
plan as well as short-term plans to mitigate economic risks.
F6 OCPA Board meeting agendas and staff reports are distributed at the last minute and
Board meeting minutes are not always accurate, complete, or posted in a timely manner.
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RECOMMENDATIONS
Based on its investigation described herein,the OCGJ makes the following recommendations:
R1 Implement OCPA and Community Advisory Committee by-laws consistent with those of
other CCEs within California. (F 1) Timeline: October 1, 2022.
R2 Include the Community Advisory Committee as a standing item on the OCPA Board
minutes and recognize the Community Advisory Committee as an advisory committee,
and not simply a mouthpiece. (F2)Timeline: October 1, 2022.
R3 Hire a Director of Power Purchases or other qualified staff positions to properly oversee
Pacific Energy Advisors and CalPine contractors utilizing best practices. (F3, F4, F5)
Timeline: December 1, 2022.
R4 Utilize a member agency clerk or assign a qualified OCPA staff member to handle the
agendas and minutes for the OCPA Board and OCPA Community Advisory Committee
to ensure that they are prepared properly and posted in a timely manner. (F6)Timeline:
October 1, 2022.
RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the
Grand Jury has reviewed, and about which it has issued a final report,to comment to the
Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters
under the control of the governing body. Such comment shall be made no later than 90 days after
the Grand Jury publishes its report(filed with the Clerk of the Court). Additionally, in the case of
a report containing findings and recommendations pertaining to a department or agency headed
by an elected County official (e.g. District Attorney, Sheriff, etc.), such elected County official
shall comment on the findings and recommendations pertaining to the matters under that elected
official's control within 60 days to the Presiding Judge with an information copy sent to the
Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such
comment(s) are to be made as follows:
(a) As to each Grand Jury finding,the responding person or entity shall indicate one of the
following:
(1) The respondent agrees with the finding.
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ORANGE COUNTY POWER AUTHORITY: COME CLEAN
(2) The respondent disagrees wholly or partially with the finding, in which case the
response shall specify the portion of the finding that is disputed and shall include an
explanation of the reasons therefor.
(b)As to each Grand Jury recommendation, the responding person or entity shall report one of
the following actions:
(1) The recommendation has been implemented, with a summary regarding the
implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the
future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and
parameters of an analysis or study, and a time frame for the matter to be prepared for
discussion by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable. This
time frame shall not exceed six months from the date of publication of the Grand Jury
report.
(4)The recommendation will not be implemented because it is not warranted or is not
reasonable,with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters
of a county agency or department headed by an elected officer, both the agency or department
head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response
of the Board of Supervisors shall address only those budgetary/or personnel matters over which
it has some decision making authority. The response of the elected agency or department head
shall address all aspects of the findings or recommendations affecting his or her agency or
department.
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05
are required and requested from:
90 Day Response;
Required F1 F2 F3 F4 F5 F6
OCPA Board of
Directors X X X X X X
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ORANGE COUNTY POWER AUTHORITY: COME CLEAN
90 Day Response
Required RI R2 R3 R.4
OCPA Board of
Directors X X X X
90 Day Response
Requested: RI R2 R3 R4
City of Buena Park
City Council X
90 Day Response
Requested R1 R2 ! R3 R4
City of Fullerton
City Council X
90 Day Response
Requested RI R2 R3 R4
City of Huntington
Beach City Council X
90 Day Response
Requested R1 R2 R3 R4
City of Irvine City
Council X
90 Day Response
Requested R 1 R2 R3 R4
Orange County
Board of
Supervisors X
REFERENCES
California Assembly Bill 117.
Battaglioli,Daniela, "Towards Electricity Decarbonizaion: Options for Community Choice
Energy in Del Mar, CA (2017), citing Pacific Energy Advisors, Inc., January 8, 2016.
Buena Park City Council Staff Reports and Meeting Minutes.
California Public Utilities Commission website.
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ORANGE COUNTY POWER AUTHORITY: COME CLEAN
City of Irvine, Community Choice Energy Summary of Key Findings and Request for Finance
Commission Action, August 2019.
EES Consulting, Inc., CCE Feasibility Study and Technical Assessment,January 16, 2020.
EES Consulting, Inc., Memo re: CCA Preliminary Pro Forma,November 12, 2020.
Irvine City Council Staff Reports, Meeting Minutes.
Irvine Watchdog, "Orange County Power Authority Unable to Properly Manage Basic Duties,"
Oct. 12, 2021.
OCPA Joint Powers Agreement,November, 2020.
OCPA Community Choice Aggregation Implementation Plan and Statement of Intent, December
28, 2020.
OCPA Board Meeting minutes, videos, agendas, staff reports, and related documentation.
OCPA financial spreadsheets and audit reports, fiscal year and mid-year budget documents.
OCPA Implementation Plan, December 28, 2020.
OCPA Employment and Service Agreements.
OCPA Pro Forma Memo.
OCPA website and personnel policies.
OC Daily Pilot, Two More Cities Consider Joining Renewable Energy Programs, August 19,
2021.
Voice of OC, "Laguna Beach to Study Leaving Edison for Renewable Energy,"July 14, 2021.
Voice of OC, "OC Power Authority to Rewrite Conflict of Interest Code Without Fixing
Transparency Concerns,"Aug. 2, 2021.
Peninsula Clean Energy CCA Risk Analysis Summary Table. Retrieved from 3128
https://www.peninsulacleanenergy.com/wpcontent/uploads/2015/10/FINAL-Peninsula-
CleanEnergy-CCA-Technical-Study.pdf
Utility Drive, Penrod, E., PPA Prices Rise 28.5 percent as Supply and Regulatory Challenges
Pile Up, April 13, 2022.
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ORANGE COUNTY POWER AUTHORITY: COME CLEAN
GLOSSARY
AB Assembly Bill
BBK Best, Best& Krieger
CAC Community Advisory Committee
CCA Community Choice Aggregation
CCE Community Choice Energy
CEA Clean Energy Alliance
CEC Community Choice Energy
CEO Chief Executive Officer
CFO Chief Financial Officer
COO Chief Operating Officer
COVID Coronavirus Disease
CPUC California Public Utilities Commission
IOU Investor-Owned Utility, such as Southern California Edison
JPA Joint Powers Agreement
kWh Kilowatt hour
OCPA Orange County Power Authority
OCGJ Orange County Grand Jury
PEA Pacific Energy Advisors
PRA Public Records Act
RA Resource Adequacy
ROC Risk Oversight Committee
SCE Southern California Edison
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ORANGE COUNTY POWER AUTHORITY: COME CLEAN
SDGE San Diego Gas and Electric
SDCP San Diego Community Power, a CCE
Spot Market The wholesale electricity spot market is a venue for trading electricity as a
commodity. It serves as a clearing house to reflect the economic value of
electricity for a particular period, as indicated by the"spot price."
WCE Western Community Energy, a CCE
2021-2022 Orange County Grand Jury Page 24
325
City 'of Huntington Beach
................................................... .............
2000 MAIN STREET CALIFORNIA 92648
Barbara Delgleize
P3 Mayor
June 21, 2022
The Honorable Erick L. Larsh
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
Dear Judge Larsh:
The members of the City of Huntington Beach City Council have read with interest the
report of the Orange County Grand Jury entitled, "Orange County Power Authority Come
Clean," On behalf of my City Council colleagues, I concur with the Grand Jury's
recommendation, No.4 specifically, that henceforth the Orange County Power Authority
(OCPA) should utilize a member agency clerk or assign a qualified OCPA staff member to
handle agendas and minutes for the OCPA Board and OCPA Community Advisory Board,
to ensure that they are prepared properly and posted in a timely manner.
/6,kncerely,
Barbara Delgleize
Mayor \j
cc: City Council
Interim City Manager
TELEPHONE(714)536-5663
326
O ECEOVED
# ,
Huntington Beach
CITY COUNCIL OFFICE
ORANGE COUNTY GRAND JURY
700 CIVIC CENTER DRIVE WEST• SANTA ANA,CALIFORNIA 92701 - 714/834-3320
www.ocgrandjuryorg - FAX 714/834-5555
August 1,2022
The Honorable Barbara Delgleize
Mayor of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mayor Delgleize:
The Superior Court Presiding Judge Eick Larsh has forwarded to the Orange County Grand Jury
(OCGJ) a copy of your June 21 letter submitted in response to Grand Jury Recommendation No.
4 listed in the report entitled"Orange County Power Authority Come Clean." In your letter to
the Grand Jury you wrote that you and the Huntington Beach City Council concur with the
Grand Jury's recommendation that"henceforth"the Orange County Power Authority should
utilize a member agency clerk, or assign a qualified OCPA staff member,to prepare agendas and
take minutes for the OCPA Board.and OCPA Community Advisory Board to ensure t as tenth
the agendas and the minutes are prepared properly and.posted in a timely manner.
The Grand Jury requests that,prior to the original deadline for submission of the Huntington
Beach response,you submit a follow-up letter explaining what action the City will take to try to
ensure that the Grand Jury's recommendation will be implemented.
ZSi cer
t
n Siragusa,Foreperson
2022-2023Orange County Grand Jury
JS:jm
Cc:Presiding Judge Erick Larsh
327
% A City of Huntington Beach
2000 MAIN STREET CALIFORNIA 92648
• Barbara Delgleize
Mayor
September 7, 2022
The Honorable Erick L. Larsh
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
Dear Judge Larsh:
The members of the City of Huntington Beach City Council have read and reviewed the
Orange County Grand Jury report, "Orange County Power Authority Come Clean."
On September 6, 2022 the City Council voted to support Recommendation No. 4, whereby
the Orange County Power Authority (OCPA) should hire a member agency clerk or assign
a qualified OCPA staff member to handle agendas and minutes for the OCPA Board and
OCPA Community Advisory Board, to ensure that they are prepared properly and posted in
a timely manner.
The Huntington Beach City Council representatives on the OCPA Board will request an
action item of the OCPA to hire a qualified clerk or assign a qualified OCPA staff member
to handle agendas and minutes for the OCPA Board and OCPA Community Advisory
Board.
Sincerely,
Barbara Delgleize
Mayor
Cc: City Council
Al Zelinka, City Manager
TELEPHONE (714)536-5553
328
VIA EMAIL
A1.Zelinka(a surkity-Worg
w�.
Al Zelinka
City Manager, Huntington Beach, CA
RE: BOARD CLERK INQUIRY
Dear Al:
The Orange County Power Authority(OCPA)is considering various options to
support our Board Clerk function. While we believe the role will be ultimately
best served by a dedicated internal resource, we would also like to explore
outsourcing substantial portions of the function to one of our member
jurisdictions.
For discussion purposes we offer the following as a high-level scope of service
requirements:
Estimated commitment 15-25 hours per month
5-10 hours Agenda creation/assembly
2-4 hours General coordination with OCPA staff
4-8 hours Running Board Meetings(in person in Irvine)
2-3 hours Draft meeting minutes for Board approval
Minimum requirements
o Attend in person meetings in Irvine 1-2 per month
o Schedule and manage Zoom platform with little assistance
o Advanced Microsoft Office and Adobe PowerPoint skills
o Always available to work the Friday before Board Meetings(subject to
scheduled absences)
o Ability to access OCPA shared folders and workflow tools
o Ability to segment and retain produce OCPA related work product for
PRA requests
Please let us know if you have the interest and the capacity to fulfill our
Board Clerk function on a contract basis. If you have any questions or need
further information,please let us know. We look forward to discussing this
opportunity with you and your staff.
OC POWER Best Regards,
AUTHORITY
answers@ocpowerorg
(866)262-7693
P.O.Box 54283
Irvine CA,92619-4283
Brian Probolsky
CEO, Orange County Power Authority
wwwocpowerorq f : w- Yr
329
�J City g of Huntington Beach
® � 2000 MAIN STREET CALIFORNIA 92648
Barbara Delgleize
Mayor
September 7, 2022
The Honorable Erick L. Larsh
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
Dear Judge Larsh:
The members of the City of Huntington Beach City Council have read and reviewed the
Orange County Grand Jury report, "Orange County Power Authority Come Clean."
On September 6, 2022 the City Council voted to support Recommendation No. 4, whereby
the Orange County Power Authority (OCPA) should hire a member agency clerk or assign
a qualified OCPA staff member to handle agendas and minutes for the OCPA Board and
OCPA Community Advisory Board, to ensure that they are prepared properly and posted in
a timely manner.
The Huntington Beach City Council representatives on the OCPA Board will request an
action item of the OCPA to hire a qualified clerk or assign a qualified OCPA staff member
to handle agendas and minutes for the OCPA Board and OCPA Community Advisory
Board.
Sincerely,
Barbara Delgleize
Mayor
Cc: City Council
Al Zelinka, City Manager
TELEPHONE (714)536-5553