HomeMy WebLinkAboutReso 94-18 Terminating Central Coast Community Energy JPAcommunity.pproving the Joint Ex ise of Power in
,,ommunity Energy (CCCE) on behalf of the City of Morro Ba
# energy program; an#
and Creating Central Coast
the purpose of implementing
he Power Charge Indifference Adjustment, which negatively impacted CCCE's ability to
Jevelop- a program with the desired financial and environmental benefit; and
=0,,uthority, is an established community choice energ . y program capable of providing the desired
inancial and environmental benefits, and
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ECTION 1. The City Council hereby approves the termination of the CCCE
authorizes the Mayor to sign the Termination Agreement with SLO, attached hereto,
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SECTION 2. This resowtion and the termination of the CCCE is exempt from the
Resolution No. 94-18
Page 2
activities of government that will not result in direct or indirect physical change
environment. (14 Cal. Code Kegs, § 15378(b)(5)).
PASSED AND ADOPTED by the City Council
of the City of
meeting thereof held on the 29t'' day %J November 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ironsI Davis, Headding, Makowetski, McPherson
None
None
None
LORI M. KUDZMA, Deputy City Clerk
s in the
Morro Bay at a special
JANKE L. IRONS, Ma�/or
AN AGREEMENT BETWEEN THE CITY OF SAlN LUIS OBISPO AND
THE CITY OF MORRO BAY TERMINATING THE JOINT EXERCISE
OF POWERS AGREEMENT ESTABLISHING CENTRAL COAST
COMMUNITY ENERGY
This Termination Agreement is made and entered into this day of November 2018 by and
between the City of San Luis Obispo and the City of Morro Bay (hereinafter collectively referred
to as the "Parties").
WHEREAS, the City of San Luis Obispo and the City of Morro Bay entered into a Joint
Exercise of Powers Agreement, effective October 5, 2018, establishing Central Coast Community
Energy (CCCE); and
WHEREAS, on October 11, 2018, the California Public Utilities Commission amended
the Power Charge Indifference Adjustment, which negatively impacted CCCE's ability to develop
a program with the desired financial and environmental benefits; and
WHEREAS, Monterey Bay Community Power (MBCP), a joint powers authority, is an
established community choice energy program capable of providing the desired financial and
environmental benefits, and
WHEREAS, on November 13, 2018, the City Councils for both San Luis Obispo and
Morro Bay voted )-0 to join MBCP; and
WHEREAS, Section 6.� of the CCCE Joint Exercise of Powers Agreement provides that
such Agreement may be terminated by mutual agreement of all the Parties; and
WHEREAS, the Parties are the only members of CCCE, and have the authority to
terminate the CCCE Joint Exercise of Powers Agreement pursuant to this Agreement; and
WHEREAS, CCCE is free of all debts, liabilities, surplus money, and assets and therefore
no further actions are required by the Parties when the Joint Exercise of Powers Agreement is
hereby terminated.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter set forth, it is agreed by and between the Parties as follows:
SECTION 1. Pursuant to Section 6.4 of the Joint Exercise of Powers Agreement Relating
to and Creating Central Coast Community Energy, effective October 5, 2018, the Parties hereby
terminate such Agreement effective upon the execution of this Termination Agreement by both
the City of San Luis Obispo and the City of Morro Bay.
CITY OF SAN LUIS OBISFO
Heidi Harmon, Mayor
ATTEST:
Teresa Farrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dieirick
City Attorney
CITY OF MORRO BAY
F or
s r
L. Irons,, Mayor
ATTEST:
Swanson
City Clerk
APPROVED AS TO FORM:
Jos
. Pannone
City Attorney