HomeMy WebLinkAboutR-10960 Approving request to join Monterey Bay CCE RESOLUTION NO. 10960 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REQUESTING MEMBERSHIP IN THE
MONTEREY BAY COMMUNITY POWER (MBCP) JOINT POWERS
AUTHORITY AND AUTHORIZING THE MAYOR OR CITY MANAGER
TO EXECUTE THE JOINT POWERS AUTHORITY AGREEMENT AS
AMENDED WITH MBCP.
WHEREAS,AB 117, adopted as California state law in 2002, permits cities, counties, or
Joint Power Authorities comprised of cities and counties to aggregate residential, commercial,
industrial, municipal and institutional electric loads through Community Choice Aggregation
(CCA); and
WHEREAS,pursuant to Section 366.2 two or more entities authorized to be a community
choice aggregator may participate as a group in a community choice aggregation program through
a joint powers agency established pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code, if each entity adopts the aforementioned ordinance;
and
WHEREAS,in March 2017, Monterey Bay Community Power Authority("MBCP")was
established as a joint powers agency pursuant to a Joint Powers Agreement; and
WHEREAS, the purpose of MBCP is to address climate change by providing locally
controlled carbon-free electricity at affordable rates; and
WHEREAS,the City Council supports the mission of MBCP and its intent to promote the
development and use of a wide range of carbon free and renewable energy sources and energy
efficiency programs, including solar and wind energy production at competitive rates for
customers; and
WHEREAS, in order for the City of San Luis Obispo to become a member of MBCP, the
MBCP Joint Powers Agreement must be amended to permit the City join as a party; and
WHEREAS,MBCP also has requested that the City of San Luis Obispo adopt a resolution
requesting membership in Monterey Bay Community Power and authorizing its City Manager to
execute the JPA Agreement as amended, as well as an ordinance authorizing Community Choice
Aggregation (CCA) within its jurisdiction; and
WHEREAS, the City of San Luis Obispo wishes to be a community choice aggregator
pursuant to the MBCP Joint Powers Agreement and has introduced the Ordinance required by
Public Utilities Code Section 366.2 in order to do so; and
WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt-
out of the CCE program and continue to receive service from the incumbent utility.
R 10960
Resolution No. 10960 (2018 Series) Page 2
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION 1. The City Council of San Luis Obispo hereby requests that the Board of
Directors of MBCP approve the City of San Luis Obispo as a member of MBCP.
SECTION 2. The Mayor and/or City Manager are hereby authorized and directed to
execute the Joint Exercise of Powers Agreement on behalf of the City of San Luis Obispo after the
Joint Exercise of Powers Agreement is amended, which will establish the City's membership in
MBCP.
SECTION 3. This resolution and the subsequent joining of Monterey Bay Community
Power is exempt from the requirements of the California Environmental Quality Act (CEQA)
pursuant to the State CEQA Guidelines, as it is not a "project" since this action involves
organizational and administrative activities of government that will not result in direct or indirect
physical changes in the environment. (14 Cal. Code Regs. § 15378(b)(5)). Further, the ordinance
is exempt from CEQA as there is no possibility that the ordinance or its implementation would
have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3)). A
Notice of Exemption shall be filed as authorized by CEQA and the State CEQA guidelines.
SECTION 4. This resolution shall be effective immediately upon passage and adoption.
Upon motion of Council Member Pease,seconded by Vice Mayor Christianson,and on the
following roll call vote:
AYES: Council Members Gomez, Pease and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 13th day of N�a��ta�������18.
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Teresa Purrington
City Clerk
R 10960
Resolution No. 10960(2018 Series) Page 3
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
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Teresa Purrington
City Clerk
R 10960