HomeMy WebLinkAbout2021-11-18; Clean Energy Alliance JPA; Resolution 2021-014DocuSign Envelope ID: 3A06A6A2-7074-4A44-9EE9-E93EC8D0F0EE
RESOLUTION NO. 2021-014
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CLEAN ENERGY ALLIANCE AUTHORIZING THE CITY OF ESCONDIDO TO BECOME A
PARTY TO THE JOINT POWERS AGREEMENT AND A MEMBER OF THE CLEAN ENERGY ALLIANCE
THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE DOES HEREBY FIND, RESOLVE AND
ORDER AS FOLLOWS:
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly
Bill 117 (Stat. 2002, Ch. 838; see California Public Utilities Code section 366.2; hereinafter
referred to as the "Act"), which authorizes any California city or county, whose governing body
so elects, to combine the electricity load of its residents and businesses in a community-wide
electricity aggregation program known as Community Choice Aggregation ("CCA"); and
WHEREAS, the Act expressly authorizes participation in a CCA program through a joint
powers agency; and on November 4, 2019, the Clean Energy Alliance ("CEA" or "the Agency")
was formed under the Joint Exercise of Power Act, California Government Code section 6500 et
seq., among the Cities of Carlsbad, Solana Beach and Del Mar to work cooperatively to create
economies of scale and implement sustainable energy initiatives that reduce energy demand,
increase energy efficiency, and advance the use of clean, efficient, and renewable resources in
the region for the benefit of all the parties and their constituents, including, but not limited to,
establishing and operating a CCA program; and
WHEREAS, on March 16, 2020, the California Public Utilities Commission ("CPUC")
certified the "Implementation Plan" of CEA, confirming CEA's compliance with the
requirements of the Act; and
WHEREAS, Section 2.4 of the CEA Joint Powers Agreement ("Agreement") sets forth the
procedures for the addition of new member jurisdictions; and
WHEREAS, including new member jurisdictions within CEA's Joint Powers Authority can
benefit CEA communities, customers, and the general public by 1} expanding access to
competitively-priced renewable and carbon-free energy; 2) achieving greater economies of
scale while accelerating the reduction of greenhouse gas emissions; 3} enhancing CEA's
financial strength through increased revenues and reserves; 4} expanding the opportunities for
local renewable energy and decarbonization projects and programs and the creation of local
jobs; and 5} empowering local stakeholders with more direct representation before State-level
regulators and elected officials; and
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WHEREAS, on October 27, 2021, through a unanimous vote of its City Council, the City
of Escondido adopted Resolution No. 2021-169 authorizing the execution of the Joint Exercise
of Powers Agreement of the Clean Energy Alliance and authorizing staff to take other actions
necessary for the City of Escondido to join CEA, and introduced Ordinance No. 2021-12
ordaining the City Council's decision, pursuant to Public Utilities Code Section 366.2 to
implement a CCA program within the jurisdiction of the City of Escondido by participating in
CEA, under the terms and conditions of its Joint Powers Agreement; and
WHEREAS, on November 17, 2021, the City of Escondido conducted a second reading
and adopted ordinance No. 2021-12 ordaining the City Council's decision, pursuant to Public
Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of
Escondido by participating in CEA, under the terms and conditions of its Joint Powers
Agreement; and
WHEREAS. Pacific Energy Advisors on behalf of CEA conducted an assessment of the
financial and resource planning impacts of adding Escondido as a member of CEA and
concluded that there would be an overall positive financial effect; and
WHEREAS, per CPUC rules, prospective member jurisdictions must join CEA before the
end of calendar year 2021 in order to begin customer enrollments in CEA's service options by
2023;and
WHEREAS, Section 2.4 of the Agreement requires the Board of Directors to adopt a
resolution by a two-thirds vote of the entire Board authorizing the membership of additional
member jurisdictions, and specifying the conditions for membership, if any.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of Escondido is hereby authorized to become a party to the Agreement and
a member of CEA, subject to the following conditions:
(a) The Community Choice Aggregation ordinance adopted by the City of Escondido
becoming effective.
(b) The execution of the Agreement by the duly authorized official of the City of
Escondido.
(c) Reimbursement to CEA by City of Escondido of CEA costs incurred in connection with
adding a new agency, including, but not limited to, the cost of analysis of historical
usage data using CEA's financial proforma model to determine impact to CEA of the
proposed member; and preparation of an Amended Implementation Plan and related
activities of the expansion.
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PASSED AND ADOPTED by the Board of Directors of the Clean Energy Alliance this 18th day of
November 2021, by the following vote:
AVES: Druker, Bhat-Patel, Becker
NOES: None
ABSENT: None
ATTEST:
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Kristi Becker, Chair
Sheila Cobian, Interim Board Secretary