Loading...
HomeMy WebLinkAboutOrdinance 618 Repealing Ord 616 auth MBCP CCAWHEREAS, 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 Morro Bay (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, the City, in cooperation with the City of San Luis Obispo commissioned a technical study showing a CCA program serving the City and surrounding communities would provide several benefits, including: ® Providing customers a choice of power providers and power supply options; ■ Increasing local control and involvement in energy rates and other energy -related matters; ■ Providing stable electric rates that are competitive with those provided by the incumbent utility; ■ Reducing greenhouse gas emissions arising from electricity use within the City and surrounding region; ■ Increasing local renewable generation capacity; ® Increasing energy conservation and efficiency projects and programs; ® Increasing regional energy self-sufficiency; ® Improving the local economy resulting from the implementation of a CCA program and local renewable and energy efficiency projects over time; and WHEREAS, on September 18, 2018 the cities of San Luis Obispo and Morro Bay, farmed a Joint Powers Authority called Central Coast Community Energy ("CCCE.") to host a CCA program; and WHEREAS, on October 9, 2018, the City adopted Ordinance No. 616, as required by Public Utilities Code section 366.2 authorizing the implementation of a Community Choice Aggregation program through 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 benefit; 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 Ordinance No. 618 Page 2 WHEREAS, on November 13 and November 27, 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 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). NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows: SECTION 1. The above recitations are true and correct and material to this Ordinance. SECTION 2. Based upon the forgoing, the City Council hereby repeals Ordinance No. 616. SECTION 3. 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 2. This Ordinance shall take effect 30 days after its adoption. The City Clerk, oI her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be published and posted in the manner required by law. INTRODUCED at a regular meeting the of the City Council of Morro Mn held on the 13th day of November, 2018, by motion of Mayor Irons, seconded by Council Member Davis. PASSED AND ADOPTED on the 27th day of November 2018, by the following vote: AYES: Irons, Davis, Headding, Makowetski, McPherson NOES: None ABSENT: None JAMIE L. IRONS, Mayor ATTEST: �DANA SWANSON, City Clerk APPROVED AS TO FORM: W. PANNONE, City