R 4940 RESOLUTION NO. 4940
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, REQUESTING MEMBERSHIP IN THE MONTEREY BAY
COMMUNITY POWER JOINT POWERS AUTHORITY (MBCPA) AND
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE
JOINT POWERS AUTHORITY AGREEMENT AS AMENDED WITH
MBCPA
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, MBCPA was established as a joint powers agency pursuant
to a joint powers agreement; and
WHEREAS, the purpose of MBCPA is to address climate change by providing locally
controlled carbon-free electricity at affordable rates; and
WHEREAS, the City Council supports the mission of MBCPA 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 to become a member of MBCPA, the MBCPA Joint
Powers Agreement (JPA) must be amended to permit the City join as a party; and
WHEREAS, MBCPA also has requested the City adopt a resolution requesting
membership in MBCPA and authorizing its Mayor or City Manager to execute the JPA
as amended, as well as an ordinance authorizing CCA within its jurisdiction; and
WHEREAS, the City wishes to be a CCA pursuant to the JPA 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 CCA program and continue to receive service from the incumbent utility.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Arroyo Grande:
SECTION 1. The City Council of Arroyo Grande requests the Board of Directors of
MBCPA approve the City of Arroyo Grande as a member of MBCPA.
RESOLUTION NO. 4940
PAGE 2
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 MBCPA.
SECTION 3. The joining of MBCPA 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.
On motion of Council Member Barneich, seconded by Council Member Paulding, and
on the following roll call vote, to wit:
AYES: Council Members Barneich, Paulding, Storton, and Mayor Ray Russom
NOES: None
ABSENT: Council Member George
The foregoing Resolution was adopted this 13th day of August, 2019.
RESOLUTION NO. i°ILi°
PAGE 3
AP
CARE 'AY ` U'00 M, MAYOR
ATTEST:
/ IAALWOAL
KELLY T i•RE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. ;t iito N, CITY MANAGER
APPROVED AS TO FORM:
ATHER K. WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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
Resolution No. 4940 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 13th day of August, 2019.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
August, 2019.
1 M• 411A0AA---
KELLY , T i RE, CITY CLERK