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HomeMy WebLinkAbout2021-12-17; Clean Energy Alliance JPA; Resolution 2021-015DocuSign Envelope ID: EBC7960A-14C1-4A33-BB49-BEB4C8F27D5C RESOLUTION NO. 2021-015 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE AUTHORIZING THE CITY OF SAN MARCOS 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 WHEREAS, on November 9, 2021, through a unanimous vote of its City Council, the City of San Marcos adopted Resolution No. 2021-8950 authorizing the execution of the Joint Exercise of Powers Agreement of the Clean Energy Alliance and authorizing staff to take other DocuSign Envelope ID: EBC7960A-14C1-4A33-BB49-BEB4CBF27O5C actions necessary for the City of San Marcos to join CEA, and introduced Ordinance No. 2021- 1508 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 23, 2021, the City of San Marcos conducted a second reading and adopted ordinance No. 2021-1508 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 San Marcos 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 San Marcos 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 San Marcos becoming effective. (b) The execution of the Agreement by the duly authorized official of the City of San Marcos. (c) Reimbursement to CEA by City of San Marcos 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. DocuSign Envelope ID: EBC7960A-14C1-4A33-BB49-8EB4C8F27D5C PASSED AND ADOPTED by the Board of Directors of the Clean Energy Alliance this 17th day of December 2021, by the following vote: AYES: Druker, Inscoe, Bhat-Patel, Becker NOES: None ABSENT: None l,DocuSlgned by: ~!23~~. Kristi Becker, Chair ATTEST: Sheila Cobian, Interim Board Secretary