HomeMy WebLinkAboutResolution 2022-004RESOLUTION NO. 2022-004
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
REQUESTING MEMBERSHIP IN CENTRAL COAST
COMMUNITY ENERGY (3CE) AND AUTHORIZING THE MAYOR
OR CITY MANAGER TO EXECUTE THE JOINT POWERS
AUTHORITY AGREEMENT AS AMENDED WITH 3CE
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 of the Public Utilities Code, 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, 3CE was established as a joint powers agency pursuant to a
OMM joint powers agreement; and
WHEREAS, the purpose of 3CE is to address climate change by providing locally
controlled carbon -free electricity at affordable rates; and
WHEREAS, in order for the City of Atascadero (City) to become a member of 3CE, the
3CE Joint Powers Agreement (JPA) must be amended to permit the City join as a party; and
WHEREAS, 3CE also has requested the City adopt a resolution regmsting membership
in 3CE and authorizing its Mayor or City Manager to execute the JPA as anwnded, as -well a9 an
ordinance authorizing Community Choice Aggregation (CCA) within i:s juris iction:,Wid
WHEREAS, the City wishes to be a community choice aggregator�}iursuant, tq the JPA
and has introduced the Ordinance required by Public Utilities Code Section 36�.
.F H-0 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.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Atascadero:
SECTION 1. The City Council requests the Board of Directors of 3CE approve the City
ON" of Atascadero as a member of 3CE.
SECTION 2. The Mayor or City Manager is hereby authorized and directed to execute the
JPA on behalf of the City after the JPA is amended, which will establish the City's membership in
3CE.
City of Atascadero
Resolution No. 2022-004
Page 2 of 2
SECTION 3. This Resolution and the subsequent joining of 3CE 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. (CEQA Regulations § I5378(b)(5).) Further, the action is exempt from CEQA as
there is no possibility that the ordinance or its implementation would have a significant
negative effect onthe environment. (CEQA Regulations. § 15061(b)(3)).ANoticeofExemption
shall be filed as authorized by CEQA and the State CEQA guidelines.
SECTION 4. This resolution shall be effective immediately upon passage and adoption.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 8th day
of February, 2022.
On motion by Council Member Funk and seconded by Council Member Bourbeau, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Bourbeau, Danz, Funk, Newsom, and Mayor Moreno
NOES: None
ABSENT: None
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CITY OF ATASCADERO
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Heather -Moreno, Mayor
APPROVED T6lFbRM:
Brian P nie k, City Attorney
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