O 700ORDINANCE NO. 700
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM BY PARTICIPATING IN MONTEREY BAY COMMUNITY
POWER'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 Arroyo Grande (City) 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, Monterey Bay Community Power Authority (MBCPA) is an established CCA program capable of providing the desired financial and environmental benefits, and
WHEREAS, MBCPA will enter into agreements with electric power suppliers and other service providers and, based upon those agreements, MBCPA 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 MBCPA, MBCPA 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 April 9, 2019 the City Council received a presentation and on June 11, 2019 the City Council held a public meeting 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 MBCPA; 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 significant effect 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. § 15308).
ORDINANCE NO. 700
PAGE 2
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. The above recitations are true and correct and material to this Ordinance.
SECTION 2. 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 MBCPA, as generally described in its Joint Powers Agreement.
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.
On motion of Council Member Barneich, seconded by Mayor Ray Russom, and on the
following roll call vote to wit:
AYES: Council Members Barneich, Paulding, and Mayor Ray Russom
NOES: None
ABSENT: Council Member Storton
ABSTAIN: Council Member George (recused due to conflict of interest)
The foregoing Ordinance was adopted this 25th day of June, 2019.
ORDINANCE NO. 106
PAGE 3
/ / 5eg__Th
CAREN RAY - SOM, MAYOR
ATTEST:
J SICA MATSON, DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
JAMES A ==''T::1 AN, CITY MANAGER
APPROVED AS TO FORM:
EATHER K. WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON, Deputy City Clerk of the City of Arroyo Grande, County of
San Luis Obispo, State of California, do hereby certify under penalty of perjury,
that the attached Ordinance No. 700 which was introduced at a regular meeting
of the City Council on June 11, 2019; was passed and adopted at a regular
meeting of the City Council on the 25th day of June 2019; and was duly published
in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th
day of June 2019.
J SSICA MATSON, DEPUTY CITY CLERK