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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 i tv ! ow ECTION 1. The City Council hereby approves the termination of the CCCE authorizes the Mayor to sign the Termination Agreement with SLO, attached hereto, X do 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