HomeMy WebLinkAboutOrdinance 652ORDINANCE NO. 652
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING
THE IMPLEMENTATION OF A COMMUNITY CHOICE
AGGREGATION PROGRAM BY PARTICIPATING IN CENTRAL
COAST COMMUNITY ENERGY'S COMMUNITY CHOICE
AGGREGATION PROGRAM
WHEREAS, the City Council has previously directed staff to investigate the feasibility
and formation of a Community Choice Aggregation (CCA) program under the provisions of the
Public Utilities Code section 366.2 in order to provide electric service to customers within the
City of Atascadero with the intent of achieving reduced greenhouse gas emissions, local
renewable power development, competitive electric rates and the implementation of energy
conservation and other energy programs; and
WHEREAS, Central Coast Community Energy (3CE) is an established CCA program
capable of providing the desired financial and environmental benefits; and
WHEREAS, 3CE will enter into agreements with electric power suppliers and other
service providers and, based upon those agreements, 3CE will be able to provide power to
residents and businesses at rates that are competitive with those of the incumbent utility
("PG&E"). Once the California Public Utilities Commission certifies the amended Implementation
Plan adopted by 3CE, 3CE will be able to provide service to customers within the City; and
WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt -
out of a CCA program and continue to receive service from the incumbent utility. Customers who
wish to receive service from the incumbent utility will be able to do so; and
WHEREAS, on June 25, 2019, July 9, 2019, March 9, 2021, and February 22, 2022, the
City Council held public meetings on the manner in which the City will participate in a CCA
program at which time interested persons had an opportunity to testify either in support of or
opposition to the implementation of a CCA program serving the City through 3CE; and
WHEREAS, this ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a "project" as
it has no potential to result in a direct or reasonably foreseeable indirect physical change to the
environment. (14 Cal. Code Regs.§ 15378(a)). Further, the ordinance is exempt from CEQA as
there is no possibility that the ordinance or its implementation would have a sigr�ificant bffect on
the environment. (14 Cal. Code Regs. § 15061(b)(3)). The ordinance is also categorically exempt
because it is an action taken by a regulatory agency to assume the maintenance, restoration,
enhancement or protection of the environment. (14 Cal. Code Regs. § 15368). -
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
City of Atascadero
Ordinance No. 652
Page 2 of 2
SECTION 1. Recitals. The above recitals are true and correct and material to this
Ordinance.
SECTION 2. Authorization. Based upon the forgoing, and in order to provide businesses
and residents within the City with a choice of power providers and with the benefits described
above, the City Council hereby elects to implement a community choice aggregation program
within the jurisdiction of the City by participating as a group in the Community Choice
Aggregation Program of 3CE, as generally described in its Joint Powers Agreement.
SECTION 3. CEQA. The action is exempt from the California Environmental Quality
Act (CEQA), because it is not a "project" as it has no potential to result in a direct or reasonably
foreseeable indirect physical change to the environment. (CEQA Guidelines §15378(a)). Further,
it can be seen with certainty that there is no possibility that the enactment of this Ordinance would
have a significant effect on the environment (Pub. Resources Code §21065; CEQA Guidelines
§§5378(bx4), 15061(b)(3)). The ordinance is also categorically exempt because it is an action
taken by a regulatory agency to assume the maintenance, restoration, enhancement or protection
of the environment. (CEQA Guidelines §15308).
SECTION 4. Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not affect
the effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 5. Notice. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Atascadero's book of original ordinances; make
a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after
the passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 6. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on February 8, 2022, and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on February 22, 2022.
CIT{ Y,OF�ATASCADERO
Heather'Moreno, Wor
ST. -
At
aza9- ChristtFlsen, City Clerk
APPROVED S TO FORM:-ie1 1
mV
Brian A. Pierik, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO
HEREBY CERTIFY that Ordinance No. 652 was duly introduced at a regular
meeting held February 8, 2022 and adopted at a regular meeting of the City
Council held on the 22nd day of February 2022 by the following roll call vote, to
wit:
AYES: Council Members Bourbeau, Danz, Funk, Newsom and Mayor Moreno
NOES: None
ABSENT: None
LARA K. GHRISTEiVSEN; CITY CLERK
I hereby certify that the foregoing is the original of Ordinance No. 652 duly
passed and adopted by the Atascadero City Council at their regular meeting held
on February 22, 2022 and that summaries of the Ordinance were published on
February 22, 2022 and February 24, 2022 in the Atascadero News newspaper.
LARA K. Cl ISTENSEN, CITY CLERK