Archive for December, 2009

Phill Coffman Sworn In And Proposes Plan of Action – BVWD Board Takes Business-As-Usual Approach

Tuesday, December 22nd, 2009

By Phill Coffman

I was sworn in as a new Director of the BVWD just prior the Dec.21st Board meeting. Several events strongly indicated a business-as-usual posture by the Board.

First, Dave Ritchie was re-elected Board President by a 3-2 vote. Ritchie, Davis, and Bissell voting for, and Coffman and Nelson against.

At the Nov. 16th Board Meeting, I asked that a proposed Plan of Action be placed on the Agenda for the Dec. 21st meeting after I became officially a Board member.

I presented the attached proposed Plan of Action as the first step to bring about substantive improvements to the operation of the BVWD Board. The rationale for each item of the plan was presented in depth. Subsequent to the presentation, Director Nelson made a motion to accept the proposed Plan: however, it was voted down by 3-2. Director Bissell seemed to feel it involved too much work. Little comment was expressed by Directors Ritchie and Davis except for a comment from Director Ritchie about not seeing a need to invent the wheel. Unfortunately, what he thinks is a wheel, doesn’t exist or if it does, it is square! A later discussion during the meeting on the general subject of Committees, resulted in four committees (loosely from my proposed plan) being placed on the Agenda for the January Board meeting for further discussion.

 The take home message from this meeting was that business-as-usual is to be expected from this Board without significant pressure by the ratepayers for change.

 The Proposed Plan of Action is only a first step and a comprehensive system review is absolutely essential even though three members of the Board apparently didn’t think it was necessary. An example of why it is necessary is the recent discovery that we have been inadequately disinfecting the effluent transferred to the storage pond. Apparently, we have never properly treated the effluent! The cost to you, the rate-holder, is approximately a cool $100,000 for installation of a new 12,000 gallon tank to provide adequate Chlorine contact time for disinfection.

You asked me to represent you on this Board. Now I’m asking you to help me get done what we need to do to have a well managed water district. I encourage your comments, and if you agree that business-as-usual is not good enough and we need to bring some rigor to this Board, let them know with an email. Tepid response will only strengthen a business-as-usual attitude on the part of the BVWD Board of Directors and will vindicate their inaction.

                                                                               bearvalleywater@sbcglobal.net

PROPOSED BVWD PLAN OF ACTION

Phillip Coffman P.E. (RET) 

December 21, 2009

OBJECTIVE

The recent events surrounding the proposed rate increases and the assumed need for significant and expensive modifications to the BVWD facilities strongly indicate the need for a general system review on the part of the new board of directors to enable establishment of strategic direction and policy development for the management of BVWD. The objective of this plan is to assure a well managed sanitary sewer system that is cost-effective, provides good value and is fair and balanced to the rate-payers. To provide such service, it is imperative that our decisions and policies be based on hard, objective fact that can only be determined by a thorough understanding of real system requirements. Given an understanding of real system requirements, our current system design can be objectively evaluated to determine it’s adequacy in meeting those requirements for current operations and future growth.

 The BVWD General Manager has proven to be a highly capable professional. The BVWD Board of Directors must provide strategic and policy direction to the General Manager to assure his efforts are consistent with the long term needs of our community and the rate-payers we mutually serve.

 PLAN OF ACTION

This plan of action consists of several elements:

  • Comprehensive System Review
  • Comprehensive Administrative Review
  • Definition of the System Baseline Design
  • Definition of System Growth Capability
  • Assessment of System Performance vs. System Requirements
  • Update of BVWD By-Laws
  • Establish Standing Committees to Maximize Board Efficiency
  • Election of BVWD Officers for 2010
  • Establishment of Policies for Future Rate Increases

  The comprehensive reviews will be implemented by formation of ad hoc committees to perform each of the various elements. It is proposed that each committee consist of at least two directors, one of which will serve as chairman, and several pro bono volunteers (three to five) from our community that have the requisite experience and expertise to perform the functions of each element of the plan for which they are assigned. If specialized or certificated expertise is required, the committee will request approval of such expenditures prior to obligating the district for such charges. It is the intent of this plan to avoid such charges.

 BVWD COMPREHENSIVE SYSTEM REVIEWS

The outline of the comprehensive System Reviews is as follows; however, the ad hoc committees shall have the latitude to fine tune their conduct according to their findings as long as the general content is addressed:

 Technical:

  1. System Description
  2. Performance and Failure History
  3. System Requirements
  4. System DesignCollection
    -     WWTPF
    -     Monitoring and Instrumentation (including calibration requirements)
    -     Life limited items
    -     Operations and Maintenance Features
    -     Safety (system and personnel)
  5. Design Documentation
    -      Functional Diagram
    -       Drawings
    -       Specifications
    -       Critical Equipment List
    -       Reliability and Maintainability Assessments (if any)
  6. System Growth Capability
  7. Capital Improvement Program
  8. Technical Personnel Issues
    -      Certification and Qualifications
    -       Technical Training
  9. Requirements for Regulatory Reports

Administrative:

  1. Review BVWD By-Laws
  2. BVWD Policies and Procedures
  3. Rate Determination Process Review
  4. Financial Operations
    -      
    Policies and Procedures
    -      
    Accounts (including banking)
    -       B
    udgets
    -      
    Audit Reports
  5. Personnel
    -         Policies and Procedures
    -     
    Job Instructions
    -      Functions and Responsibilities
    -     
    Compensation
  6. Management
    -        Policies and Procedures
    -     
    Job Instructions
    -     
    Functions and Responsibilities
    -     
     Compensation

BY-LAW UPDATE

The update of the BVWD By-Laws will address the following:

  • Election method for selecting Directors
  • Voter qualifications
  • Director term of office
  • BVWD Officers, their functions, responsibilities and authority
  • Elections, appointments and removal of Officers and Directors
  • Definition of Standing Committees (Recommended)

1)    Technical Oversight Committee

2)    Financial oversight Committee

3)    Administrative Oversight Committee

4)    Personnel Oversight Committee

5)    Strategic Planning Committee

6)    System Performance Evaluation Committee

7)    Compensation Committee

8)    Public Information and Communications Committee

ELECTION OF OFFICERS

Election of BVWD Officers for 2010 should be done ASAP to provide leadership for implementation of this plan and policy direction of ongoing BVWD operations. It must be noted that the definition of their duties, responsibilities, authorities and accountability is subject to change as a function of By-Law upgrade activities.

 CONCLUSION

It is the intent of this plan of action to be conducted in a timely manner. Approval of this plan and assignment of key responsibilities should be expedited to allow completion of the plan by the beginning of the second quarter of CY2010 (Mid April) with certain elements of the plan to be complete ASAP (Election of Officers and By-Law review and update). This plan necessarily places significant demands on our General Manager, but the timing is opportune and the activity will enhance his understanding of our BVWD System as well as providing the Board of Directors substantive information to carry out their responsibilities.

CPUC APPROVES EVEN HIGHER WATER RATE INCREASE

Friday, December 18th, 2009

  CPUC Approves Higher Water Rate Increase Than Originally Recommended By Staff, But Still Lower Than Water Company Requested

At the California Public Utilities Commission hearing yesterday in San Francisco, the Commissioners adopted Resolution No. W-4809 dated December 17, 2009: “Lake Alpine Water Company (LAWC) order authorizing a general rate increase, producing additional revenues of $97,356 or 18.9% for test year 2009.”

 Previously, in the CPUC November 13, 2009 draft resolution letter, the proposed metered water use rate for residential homeowners and commercial/public facilities was $4.424/Ccf.  The current metered rate is $2.45/Ccf and the rate Lake Alpine Water Company originally request was $7.81/Ccf.  The new adopted rate, as stated in revision one of the draft resolution letter will be $4.85/Ccf.  This change was made without notification to or discussion with the Bear Valley community, and attributed to a mathematical mistake by the Water Division Utilities Engineer.  Condo owners are not affected by this change from $4.424 to $4.85/Ccf since they will continue to be on flat rate service. 

 If you would like to read the entire Resolution No. W-4809,  go to:

 http://docs.cpuc.ca.gov/PUBLISHED/AGENDA_RESOLUTION/111331.htm

It is available in either Word or PDF form.

 The new rates will go into effect 5 days from the filing date of the LAWC advice letter incorporating the revised rate schedules.

 

John and Gloria Dralla

A Letter to the CPUC Regarding the LAWC Rate Request

Wednesday, December 2nd, 2009

 This is a recent letter to the CPUC regardiing the LAWC rate increase issue. Please read it carefully for talking points and contact the CPUC NLT 12/03/2009.

 ****************************************************

GLORIA G. DRALLA
ATTORNEY AT LAW
P.O. BOX 1297
LOS ALTOS, CA  94023

 

TEL:  650-948-1094                   E-mail:  ggdralla@pacbell.net
FAX: 650-948-0988
By US Postal Service, e-mail and Facsimile (415) 703-2655

November 30, 2009
Division of Water and Audits,
Third Floor
Attn:  Oge Enyinwa

California Public Utilities Commission
505 Van Ness Avenue
sSan Francisco, CA, 94102

RE:  Res. W-3809, BV Rate Increase Comments

To the Commissioners:

First, let me commend Ms. Enyinwa on resolving the inequities in the original proposed rate structure between residential condo owners and private homeowners.  All residential users will be paying a reasonably equivalent amount ($1000) for using approximately 60 Ccf of water annually.

 Second, at the public hearing, we were led to believe we would have an additional opportunity to informally go over the results from the Commission staff.  Having a 20-day period to respond and comment in a very formal letter is not what we were led to expect.  The proposal before you was not made available to all the ratepayers by a notice from the LAWC precluding all but a handful of ratepayers from evaluating it. This does not meet our expectations as ratepayers of inclusiveness especially in light of the significant change in the rate structure and substantial increase in our water bills.

 Third, several issues do not seem resolved by this proposal.  Although I have spoken with Ms. Enyinwa regarding them and have been assured some will be corrected in the final version, in an abundance of caution, please provide proof of the following:

Current ratepayers are not paying directly or indirectly the costs of improving the plant facilities including the new treatment facility and the 300,000 gallon stainless steel storage tank that are clearly in excess of the current needs of the existing community, but essential for the proposed 500 condominium development that a co-owner of LAWC is a partner in.  In addition, LAWC has spent or needs to spend significant sums to secure water rights for the new development, and these costs should not be passed onto to existing ratepayers in any manner whatsoever.

The employee compensation figures, including benefits and payroll taxes (itemized as Taxes Other than Income), amount to $212,059 or about 60% of operating expenses exclusive of depreciation.  These figures seem quite high for 2 operators and a part time office worker and seem unreasonable in the economic environment of Bear Valley.  Especially conspicuous is $53,104 for Management Salaries since the company has no general manager.  Furthermore, directors’ fees and costs have not been identified and cannot be assessed as to their reasonableness.

 The state and federal income tax provision in the Recommended Rates is out of scale with the increase in operating revenue, even considering graduated tax rates.  Specifically, operating revenue is proposed to increase 19% over the Utility Estimated Present Rates of $514,819, but taxes are provided at a135% increase over present expense for California and a 278% increase over present rates for federal taxes.  The CPUC should consider LAWC’s actual tax rates rather than stipulated rates when calculating net income.  To the extent that tax expense is overstated, net income and rate of return are both understated.  In effect, the CPUC is granting a larger rate of return than predicted or intended.

This problem is even more obvious from the Rate Application Increase of 2005 and the taxes actually paid for both 2005 and 2006 from the annual reports filed:

                           2005 TY (adopted)    2005 Taxes    2006 Taxes

State Income Tax          $16,225             $8,745          $2,028

Federal Income Tax       $48,503           $15,762           $3,137

The use of taxes to justify the increased costs to LAWC has never materialized and the commission should decrease the revenue being requested by at least $75,000 to reflect accurately the costs incurred by the utility. 

 The $4.42/Ccf is certainly less than the original request for $7.81/Ccf BUT almost twice the current metered rate of $2.45 and is unreasonable.   This amount should be reduced further in light of the above unreasonable expenses in items 2 and 3 above being re-adjusted to reflect realistic expenses.  In addition, a tiered rate structure should be incorporated so that ratepayers who use more than the estimated yearly average of 60 Ccf be charged a higher price to induce water conservation.  An additional rate should be included for individuals whose income meets federal poverty guidelines and for public entities in light of the very limited tax base in Alpine County.

 The findings on page 4 are conclusionary and must be supported by factual evidence.  The PUC staff has listened to our concerns, but clearly additional savings can be made in the budget to reduce the cost of water to the ratepayer as well as assure us we are not paying for improvements associated with the new development project. 

Thank you for your consideration of these concerns

 Sincerely,

 Gloria G. Dralla

CC:  Lake Alpine Water Company, by US Mail,

Plans For Tertiary Treatment Plan On Hold

Wednesday, December 2nd, 2009

Press Release 12109

CPUC Significantly Reduces LAWC Requests

Wednesday, December 2nd, 2009

John R. Dralla     12/1/09

Summary

In a draft resolution W-48091, November 13, 2009, the California Public Utilities Commission denied the Lake Alpine Water Company initial requests made in their Notice of Proposed Rate Increase and Public Meeting dated July 22, 20092.

  • LAWC requested $164,741 or 32% increase in its water rates in Test Year (TY) 2009.
  • CPUC granted $97,356 or 18.9%, This is a reduction of $67,385.
  • LAWC requested an annual service charge rate of $966.63 for a typical home 5/8 X ¾-inch meter.
  • CPUC granted $684.32, This is a reduction of $282.31/year/home.
  • LAWC requested a quantity charge of $7.81 per Ccf (One hundred cubic feet or 748 gallons).
  • CPUC granted $4.424 per Ccf, This is a reduction of $3.386 per Ccf.

Home Owner Impact

LAWC has installed meters on most homes in Bear Valley.  Currently, homes are billed at a Flat Rate charge of $973.13.  If this rate increase is adopted by the CPUC on December 17, 2009, homes will pay both a service charge of $684.32 and a quantity rate of $4.424/Ccf.  A typical home is expected to consume 5 Ccf/month or 60 Ccf/year.  This would result in a quantity charge of $265.44.  The addition of these two charges would be $949.76 or a reduction of $23.37/yr.  The quantity charge is variable.  Less frequently used homes might have a water bill below the typical $949.76 and other homes might have a bill well above their present flat rate.  Homeowners do not have a choice to pick a metered rate or flat rate.  If the house is metered, metered rates are used.  Homeowners can contact LAWC to determine their prior monthly use.  Please note that CPUC regulatory fees and the SDWSRF (Safe Drinking Water State Revolving Fund) used to pay the loan of the new treatment plant are in addition to the water rate charges.  Refer to your bill and LAWC for more information.

Condo Owner Impact

CPUC has designated 180 residential units for Flat Rate Service, unlimited quantity, connections at a rate of $1,178.40/year, which is an increase of 21.1% over the existing $973.13 rate.  Contact your condo association for more detail on whether your building complex is adaptable to metered service.

Commercial Owner and Public Facilities Impact

Commercial businesses and public facilities have meters of different sizes.  Service charges will increase from 90.9% to 203.7% depending on the size of the meter.  The quantity rate will be the same as that for homeowners, $4.424/Ccf.

 The CPUC will accept comments on the draft resolution until December 3, 2009.  Comments should be sent to:

 Division of Water and Audits, Third Floor     

Or email to:  water_division@cpuc.ca.gov

Attention:  Oge Enyinwa,

California Public Utilities Commission

505 Van Ness Avenue

San Francisco, CA 94102           

In either case, reference Draft Resolution W-4809.

(RES. W-4809), Lake Alpine Water Company (LAWC). Order Authorizing a General Rate Increase, Producing Additional Annual Revenues of $97,356 or 18.9% for Test Year (TY) 2009. http://docs.cpuc.ca.gov/WORD_PDF/COMMENT_RESOLUTION/109736.PDF.

 Notice of Proposed Rate Increase and Public Meeting with the Public Utilities Commission Staff, July 22, 2009.  http://www.bvri.org/lawcpuc.pdf.