Loading...
LCU Board Admin Report City of Las Cruces' MOUNTAINS OF OPPORTUNITY Las Cruces Utilities Board of Commissioners Administrative Report July 9, 2020 unun � City of Las Cruces' Topics 1 ) Customer Service, Billing & Receivables 2) LCU Human Resources (HR) Activity Report 3) Covid-19 Incident Management 4) LCU's Role in the City's Energy Transition 5) FY20 Joint Utility Bond Update 6) Water Litigation 7) Utilities Walking Path 8) Projects 9) Board Resolutions 0 Billing and Receivables ■ Utility Assistance Programs — June Report: Payment Plan Agreements: ■ 3 new agreements Preferred Payment Date: ■ 6 new requests Budget Payment Plan: ■ 160 new agreements Promise to Pay: ■ 1 ,073 customers requesting extended due date LIHEAP (Low Income Home Energy Assistance Program): ■ 19 customers receiving $8,120 in assistance Billing and Receivables . . . (cont. ) ■ Utility Assistance Programs — June Report: Charitable Fund Sources: ■ 0 referrals Casa de Peregrinos: ■ FY20 budget funding exhausted. Utility billing assistance continued with emergency funding of $125,000 provided by City Council Emergency Assistance: ■ 235 requests (219 — Residential, 16 — Commercial) ■ Total - $45,485 ■ Requests for assistance driven by impact of COVID restrictions Emergency Assistance YTD Summary: ■ Residential Utility Assistance $64,506 ■ Commercial Utility Assistance $28,135 Total $92,641 0 Billing and Receivables . . . (cont. ) ■ Emergency Assistance YTD Report Utility Bill Assistance Available $32,359 21% Utility Bill Assistance Expensed $125,000 79% Utility Bill Assistance Expensed Utility Bill Assistance Available LCU Human Resources (HR) Activity Report: Vacancies Total Vacancies by Month Vacancies by Lines of Business 18 J2 6 50 50 13 13 13 12 12 111 ht 11 48 1000 1 Qd0 10 7 47 10 999 9 —9 8 46 8 77 7777 6 44 44 6 5 5555 44 444 4 q 33 \4/� 2 22 22 222 42 0 11011 11 1 I ■ a 1 I 40 Administration Admin Services Gas RES/TS solid Waste Wastewater Water 11/01/19 12/01/19 01/01/20 02/01/20 03/01/20 04/01/20 05/01/20 06/01/20 07/01/20 ■11/04/19 12/02/19 ■01/02/20 ■02/03/20 ■03/03/20 m04/01/20 ■05/04/20 06/01/20 m7/l/2020 n SBP Result: Fill Vacancies within 6 Weeks # Weeks in Current Hiring Process Hiring Workflow by Task Owner 07/01/20 06/0 1 /20 05/01/20 i 04/0 1 /20 03/01/20 70% 69°x0 67% 02/0 1 /20 63% 01/01/20 60% 59% 58% 59% 12/01/19 53% 53% 53% 11/01/19 0 5 10 15 20 25 30 35 40 50% 420 43° ■#Weeks in Process 0 50.0 40% 360 350 360 45.0 310 330 40.0 30% 270 35.0 r Average weeks in 30.0 process =36 0° 25.0 20.0 10% Oro % o 10.0 0% ' ' ' ' ' , ' , 15.0 5.0 11/01/19 12/01/19 01/01/20 02/01/20 03/01/20 04/01/20 05/01/20 06/01/20 07/01/20 0.0 LCU ■HR ■In Flow Administrati Administrati Gas RES/TS Solid Waste Wastewater Water on ve Services ■Total 19.8 37.9 44.0 41.3 9.6 39.5 25.2 LCU HR Activity Report: Progress ■ Since 7/1 /19, we have filled 39 positions ■ Awaiting the following : 6 reclassification requests 4 new job descriptions via remitted PAQ's 4 positions awaiting hiring review committee determination ■ Intern update: Newest intern has signed his contract 3 intern contracts amended to extend program completion to 12/31/20 E LCPS has not released final guidance for ACE (Academic Career Experience) programs 0 LCU HR Activity Report: Looking Forward ■ Filling HR Coordinator position is a top priority — waiting on new job description ■ Focus on staffing while complying with COVID-19 policies and regulations ■ Overtime report pending ■ Longevity and potential retiree analysis pending ■ Temporary staff analysis pending as new contracts are entered for FY21 0 COVID- 19 Incident Management ■ Continuity of Operations Plan (COOP) submitted to & approved by City Administration and reviewed weekly ■ All programs are 100% operational ■ Return-to-Work Plan in effect. Phase 2 reopening delayed to 07/15/2020: Building staffing levels will remain at 50% E 10 or less allowed to gather with masks & social distancing E Common areas remain closed ■ Continued weekly situational reporting (SitReps) to CM and LCU Board ■ PPE is tracked to ensure adequate supply for all associates m Staffing and COVID- 19 ■ Compliance with Families First Coronavirus Response Act (FFCRA) and CLC pandemic-related policies ■ Averaging three (3) associates/week out for quarantine, extraordinary or emergency paid sick leave ■ LCPS students will physically attend school 2 days/week in Fall ■ Any COVID-positive cases are quarantined ■ Continue sanitization of common areas, offices and equipment ■ Improved tracking of Extraordinary Leave ■ Continue to track growing paid leave accruals ■ No updates regarding pay differential m LCU 's Role in the City's Energy Transition ■ Link to L% ,lJ's Role In the City's Eneiyv i iansiuc,11 m FY20 Joint Utility Bond Update ■ Bond transactions closed on June 29, 2020, (through New Mexico Finance Authority (NMFA): Joint Utility Senior Lien for FY21 capital funding- * $13,985,498 ■ 1 .996% Joint Utility Subordinate Lien for Energy Performance Contract: ■ $9,813,792 ■ 2.174% Water Litigation ■ Update on Texas v. New Mexico and Colorado ■ Griggs Walnut Federal Litigation ■ Griggs Walnut — West Griggs Property m Update : Texas v. New Mexico & Colorado ■ Las Cruces consultant Lee Wilson prepared a Disclosure for his testimony with New Mexico's rebuttal exhibits on June 15, 2020 ■ The Disclosure identified his testimony as: Rebuttal to the opinions of Phil King Including King's opinion that "There is currently no effective administrative scheme for non-Project groundwater uses to offset their impact on the RGP and therefore on EBID" m Update : Texas v. New Mexico& Colorado. . . (cont. ) ■ Dr. Wilson's opinions will include: ❑ The City's LRG-430 et al. combined and comingled water rights are adjudicated at 21 ,869 acre-feet per year (AFY) with a priority date of 1905 Ei The City has steadily developed the LRG-430 et al. water rights over time through diversions from dozens of wells, most of which are located in the Mesilla Bolson and are of large capacity (several hundred to a few thousand gpm each) Offsets are not required for the exercise of LRG-430 et al. but in periods of drought (EBID allotment less than 2 AFY per acre) the City is required to discharge all of its effluent to the river. As a practical matter the City commits all of its effluent to the river all of the time m Update : Texas v. New Mexico& Colorado. . . (cont. ) ■ Dr. Wilson's opinions will include: State Engineer Permits LRG-3283-3285 and 3288-3296 are the City's permitted groundwater rights for 10,200 AFY in the Jornada del Muerto. The City has been diverting Jornada water for 30 years Minimal offsets are required for the City's Jornada wells due to their hydrological isolation from the Mesilla Basin and the Rio Grande ❑ If the City continues to grow as it has in the past, then within a few decades the City expects to develop a new source of groundwater, up to 87000 AFY from wells on the West Mesa under permit LRG-3275 et al. The State Engineer requires that river effects from diversions from these new West Mesa wells must be fully offset m Update : Texas v. New Mexico& Colorado. . . (cont. ) ■ Dr. Wilson's opinions will include: Overall, the effects of the City's pumping on the Rio Grande are largely offset by several factors, such as the importation of water from the Jornada, and the fact that some river effects occur at times when the Rio Grande Project is not operating. Also important is that the City has a large and continuous discharge of highly treated wastewater directly into the Rio Grande above Mesilla Dam ■ Dr. Wilson's deposition is set for July 23rd _ 24tH Griggs Walnut Federal Litigation ■ Consent Decree (CD) was filed in Federal Court on June 5, 2020 ■ American Linen will no longer oppose the filing of the CD ■ CD should be approved by the Court very soon ■ Court has scheduled mediation with owner of former dry-cleaning operation (Rawson) on August 20, 2020 Griggs Walnut - West Griggs Property ■ Environmental consultant working on a response plan to be submitted to the New Mexico Environment Department (NMED) ■ Utility staff and consultant had a preliminary call with NMED ■ Proposed plan to be submitted before July 13, 2020, deadline Utilities Walking Path ■ Location : ■ Before Pictures: :v 40 ' 'lr; � ••y �w !•., CST «o-y;-""' '.� - r fir` �. �- r-� •�- ,' Utilities Walking Path . . . (cont. ) ■ Dirt Work: ■ Adding Composted Mulch : s � _ v° J 1 k ' 3 h - v SAWN d too ✓- M + ` " R` r �P_fM X t k 1' - �r I � I 23 Vii' - July 2020 Projects Update ■ Pre-1965 Foothills Landfill Excavation ■ Jacob Hands Wastewater Treatment Facility (JHWWTF) Site Improvement, Project No. 19-20-066 ■ City of Las Cruces Gas Operations Connections of Customers at Talavera Pre- 1965 Foothills Landfill Excavation ■ Projects/Contractor: 1 19-20-70 Wagner Equipment 1 19-20-57 Parkhill Smith and Cooper D 19-20-58A Crosstown Construction and Trucking r 19-20-75 KEERS Environmental ` ■ Total Combined Contract Cost — $1 ,086,619 ■ Contract Time — 104 workdays (extension anticipated to be Cleaned Waste Area #3 requested) ■ Start Date — March 18, 2020 ■ Estimated Construction Completion Date — February 26, 2021 Regulatory Approval expected April 9, 2021 ■ Percent Complete — 30% (Construction) ■ Percent Complete — 31 % (Payments) ■ Summary of Project: Began excavation on March 18, 2020 Hauling of Waste started on March 19, 2020 Excavated Material in Waste Area # 2 Total waste hauled as of June 19 is approx. 22,064 Tons E Pre- 1 965 Foothills Landfill Excavation . . . (cont. ) I Tasl Task Name DuaJon Stat �Firish PAD 1 # Pre 1965 Landfill Excavation Project 444 days Tue 315/19 Fri9/18/24 2 NTP 1 day Mon 3/11/19 Mon 3/11/19 3 5 L- Ph ase 1 Pre 1965 Landfill Waste Excavation 241 days Tue 3112/19 Tue 12/17/19 Plan d o. Ir, Task 1-MeetingwihNMEdBureau Chief 34 days Tue 3/12119 Mono/21/19 S dF Task 2-IncorportateNMEDCommentsinto 34 days Tue4/23/19 Man 6/3/19 WEP,Resubmit 6 ,. w4 Task 3-NM ED Review Final WEP 29 days F17/5/19 Wed 8/14/19 7 ,. S% Task 3.1-Provide NMEB requested lnfor 94 days Wedg/14/19 Tue12/17/19 8 jOL PrepareandConduct Public Rrleeting 3days Fri 12/6/19 Tue 12110119 9 pF Phase Pre 19&5 Land fiII rield Effort 2%days Wed 8/14/19 Wed 9/30/24 iD j,OL Task 4-RespansetoNMEDLTR 16 days Man 2/10/20 Mon 3/2J20 11 Task 5-Development of haul road 30 days Man 2/3/20 Fri 3/13/20 12 ,. 4 Task 6-Cwracts(onsite;waste hauler, 90 days Tue 11/5/19 Man 3/9/20 equipment) 13 ,. 1% Task 7-Flagging Waste Perimeter 3 days Man 3/9/20 Wed 3/11/20 w 14 ,. V, Task 8-Setup and 5t;�ggir�E 7 days Man 3/9/20 Tue3/17/20 15 ,. St Task 9-Excalation(Estimated 248 days Wed 3/18/20 Fri 2/26/21 16 # Pre 1965 Landfill Excavation Results 125 days Mon 2/1/21 ki7123/21 17 ,. , W, Task 9-Prepae Final Dommerrt of 35 days Mon 2/1/21 Fri 3/19/21 Excavation Actiam 18 aV. w, Task 10-NM ED Acceptance Ltr 94 days Man 3/22/21 Fri7/23/21 JHWWTF Site Improvement, Project No . 19-20-066 ■ Contractor — A Mountain Professional Construction, LLC. ■ Contract Cost — $2017183.36 �- ■ Contract Time — 60 workdays ■ Start Date — May 4 2020 ■ Estimated Completion — July 29, 2020 ■ Percent Complete — 95% (Construction) Fencing of the Parking Lot ■ Percent Complete — 38% (Payment) ■ Summary of Project: ❑ Grading, Paving and Stripping complete , p ❑ Retention Ponds No. 1 , 2, and 3 complete s, ❑ Installation of all crushed rock complete ❑ New 6-ft. high Chain-link fence complete F ❑ Three pedestrian gates, two 30-feet wide cantilever slide chain- link gates pending Completing Pond No. 2 Talavera Gas System Project — Gas Operations Customer Connections ■ In an effort to provide faster gas connections to readily available customers along Soledad Canyon Road , Gas Operations has committed to complete the following work originally identified in the Talavera Low Pressure Gas Distribution Network — Phase 3A ■ Summary of Project (based on construction schedule) : Approx. 19,000 linear feet of low pressure polyethene (PE) pipeline purged on Soledad Canyon Road (from Dripping Springs Road to Ventana View), Completed on May 28, 2020 ❑ Eight (8) customers connections now available, due to purging efforts ❑ Extension of approximately 630 feet of 2-inch PE pipeline on Talavera Road installed, one (1 ) customer on City gas as of June 1 , 2020 1 Extension of approximately 3,300 feet of 2-inch PE pipeline on Mystic View Road was installed May 22, 2020. Two (2) customers have signed up, meter installation pending I Dripping Springs road one customer signed up, meter installation pending W Board Resolutions Consent Agenda Resolution No: 20-21 -LCU005 — Consent Agenda USGS Joint Funding Agreement No . 20RGJFA24 ■ Purpose: Continued Monitoring to support documented hydrologic conditions within the Mesilla Groundwater Basin Establish along-term continuous database to permit quantitative evaluation of the groundwater flow system and stream-aquifer relations ■ Previous Expenditure: As a Cooperator Las Cruces Utilities funding contribution for FY20 was $25,000.00 ■ Requested Funding : E As a Cooperator Las Cruces Utilities funding contribution for FY21 will be $25,625.00 Resolution No : 20-21 -LCU005 . . . (cont. ) USGS Joint Funding Agreement No . 20RGJFA24 Increased Over Increased Over Date Re s# Amount Prior Year Date Re s# Amount Prior Year 9/9/1994 95-085 $11,600.00 $ - 7/10/2008 08-09-009 $23,100.00 $ 1,100.00 5/15/1995 95-302 $12,200.00 $ 600.00 7/9/2009 09-10-001 $23,100.00 $ - 7/15/1996 97-029 $12,800.00 $ 600.00 7/8/2010 10-11-004 $23,100.00 $ - 8/4/1997 98-055 $13,400.00 $ 600.00 7/14/2011 11-12-005 $23,100.00 $ - 7/6/1998 99-011 $14,100.00 $ 700.00 8/9/2012 12-13-004 $23,100.00 $ - 6/21/1999 99-358 $14,800.00 $ 700.00 7/11/2013 13-14-004 $23,275.00 $ 175.00 7/3/2000 01-005 $15,600.00 $ 800.00 8/14/2014 14-15-LC 0006 $30,000.00 $ 6,725.00 8/6/2001 02-040 $16,400.00 $ 800.00 7/7/2015 15-16-LC 0005 $22,000.00 $ (8,000.00) 7/15/2002 03-020 $17,200.00 $ 800.00 7/14/201616-17-LCU011 $22,000.00 $ - 8/18/2003 04-071 $18,100.00 $ 900.00 8/10/201717-18-LC0006 $25,000.00 $ 3,000.00 7/19/2004 05-041 $19,000.00 $ 900.00 8/9/201818-19-LC0007 $25,000.00 $ - 7/5/2005 06-010 $19,960.00 $ 960.00 7/11/201919-20-LC0005 $25,000.00 $ - 7/17/2006 07-023 $20,960.00 $ 1,000.00 7/9/2020 20-21-LC0005 $25,625.00 $ 625.00 17/16/2007 08-029 $22,000.00 $ 1,040.0011 Board Resolutions for Discussion Resolution No. 19-20-LCU001A: Stein & Brockmann , P .A. , Law Firm ■ Purpose: E Approve an amendment to Resolution 19-20-LC0001 to add additional funding to cover higher billings this Fiscal Year (FY) due increased activity in TX v. NM & CO ■ Previous Expenditures by FY: Current FY2019/2020 = $434,635 (with billings through May 2020, June invoices outstanding) FY2018/2019 = $4557871 FY2017/2018 = $4107151 ■ Requested Funding for FY2020/2021 : Additional $60K for a new total contract amount not to exceed $510,000 m Resolution No. 19-20-LCU002A: Maldegen , Templeman , & Indall , LLP ■ Purpose: To Approve: An Amendment to the Professional Services Agreement to include an additional item to assist the JSP, the City, and Dona Ana County in obtaining applicable insurance coverage and recoveries for alleged environmental liabilities The first Extension of three (3) additional 1-year terms from July 1 , 2020, through June 30, 2021 ■ Previous Expenditures by Fiscal Year (FY): Current FY2019/2020 = $118,630 (with billings through May 2020) FY2018/2019 = $42,799 FY2017/2018 = $163,565 ■ Requested Funding for FY2020/2021 : Anticipated expenditure $150,000 Resolution No. 9-20-LCU003A David B . Medeiros, Attorney at Law ■ Purpose: Approve the first Extension of three (3) additional 1 -year terms from July 1 , 2020, through June 30, 2021 Legal advisory services to Griggs-Walnut Superfund Project ■ Previous Expenditures by Fiscal Year (FY): E Current FY2019/2020 = $49,453 (with billings through May 2020) ❑ FY2018/2019 = $457784 FY2017/2018 = $307208 ■ Requested Funding for FY2020/2021 : Anticipated expenditure $50,000 Resolution No . Project No : 20-21 -015 Talavera Advanced Metering Infrastructure 0 3.000 Feet 6/2512020 - - - - y c►�c�c ,cgs_ �Talavpra Ave Of 4 _ c_ SoQ oledad CanYon-Rd a _ftff _ /U AchenbachI,GanyWO /C, /n In Vista Rd_ :7P2rcel nd ani Proposed Col lector - o J Street/Road Resolution No . 20-21 -015 Talavera Advanced Metering Infrastructure . . . (cont. ) r a r J� i M r Iry. t, � � Yom.. r _ `•c• "_t�'r�. Y. i l'}"•"Si.u���,."Ti�.�¢�i'��{ i�y�..'{di• ., 4� � '�.r'.."e. .. _ _ � �L �.f r� — � Resolution No. 20-21 -LCU001 Stein & Brockmann , P .A. , Law Firm ■ Purpose: E Approve new Sole Source Professional Services Contract for 1 -year with the option to renew four additional 1 -year terms Authorize funding for matters specializing in water rights and water litigation, including expert witnesses ■ Previous Expenditures by Fiscal Year (FY): E Current FY2019/2020 = $434,635 (with billings through May 2020, June invoice outstanding) FY2018/2019 = $4557871 FY2017/2018 = $4107151 ■ Requested Funding for FY2020/2021 : Anticipated expenditure not to exceed $450,000 Resolution No. 20-21 -LCU002 SCSWA MOU for Customer Service Position ■ South Central Solid Waste Authority (SCSWA) will fund one FTE, Customer Service Representative (CSR) position at Customer Central ■ Separate from MOU , Solid Waste Line of Business will fund an additional CSR at Customer Central ■ Both positions will be dedicated to answering calls regarding solid waste collections (LCU), landfill (SCSWA) and recycling (SCSWA/Friedman Recycling) ■ SCSWA funding will include all salary and benefit expenses ■ LCU will provide training , workspace, equipment, and supervision Resolution 20-21 -LCU003 : Stevens Law Firm ■ Purpose: Fund regulatory representation involving EI Paso Electric (EPE) filings before the NMPRC for current contract expiring February 2021 . Key EPE Filings: E Case No. 20-00104-UT, Revision of its Retail Rates E Case No. 19-00349-UT, Application for a CCN to Construct, Own, and Operate Generating Unit 6 at the Newman Generating Station Case No. 19-00099-UT, Amended 2019 Renewable Energy Act Plan and 2020 Renewable Energy Act Case No. 19-00348-UT, Application for Approval of Long Term Purchased Power Agreements ■ Expenditures During Annual Contract Period February to January: 2019 - 2020 = Utilities Fund $129,149 (Total with General Fund $258,297) 2018 - 2019 = Utilities Fund $111 ,487 (Total with General Fund $222,973) ■ Requested Funding : Up to $160,000 Resolution No. 20-21 -LCU004 McCarter & English , LLP ■ Purpose: Authorize funding for Professional Legal Services specializing in the Energy and Natural Gas Industry under the existing assigned contract ■ Previous Expenditures by Fiscal Year (FY): E Current FY2019/2020 = $7,340 (with billings through May 2020) ❑ FY2018/2019 = $287411 ❑ FY2017/2018 = $87015 ■ Requested Funding for FY2020/2021 : Up to $25,000, effective July 1 , 2020 m End of presentation . . . „q °"tee .7 �w 0 my of[as Cruces,