HomeMy WebLinkAbout2022-08-16; City Council; Resolution 2022-204RESOLUTION NO. 2022-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF THE
AMENDED AND RESTATED AMENDMENT NO. 1 TO THE CLEAN ENERGY
ALLIANCE JOINT POWERS AGREEMENT
WHEREAS, California Government Code Section 6500 et seq. authorizes the joint exercise
by two or more public agencies of any power common to them as a joint powers authority
("JPA"); and
WHEREAS, California Public Utilities Code Section 366.2(c)(12) specifically authorizes two
or more cities, counties or a combination of two or more cities and counties to conduct a
community choice aggregation ("CCA") program through the creation of a JPA; and
WHEREAS, on October 8, 2019, the City Council of the City of Carlsbad adopted Resolution
2019-197, approving and authorizing the execution of the joint exercise of powers agreement
creating the Clean Energy Alliance, a community choice aggregation joint powers authority; and
WHEREAS, effective November 4, 2019, the cities of Carlsbad, Del Mar and Solana Beach
entered into the Clean Energy Alliance Joint Powers Agreement ("Agreement"), thereby allowing
the cities to share various powers under California law, including but not limited to the power to
purchase, supply, and aggregate electricity for themselves and their customers; and
WHEREAS, the City Councils of the cities of Escondido, Oceanside, San Marcos, and Vista
have subsequently adopted resolutions authorizing the execution of the Agreement and joining
the Clean Energy Alliance; and
WHEREAS, the cities of Escondido, Oceanside, San Marcos, and Vista have subsequently
adopted ordinances memorializing their City Councils' decisions to implement a CCA program
within their jurisdictions by participating in the Clean Energy Alliance, under the terms and
conditions of the Agreement; and
WHEREAS, on November 18, 2021, the Board of Directors of the Clean Energy Alliance
authorized the City of Escondido to become a member of the Clean Energy Alliance; and
WHEREAS, on December 17, 2021, the Board of Directors of the Clean Energy Alliance
authorized the City of San Marcos to become a member of the Clean Energy Alliance; and
WHEREAS, on July 28, 2022, the Board of Directors of the Clean Energy Alliance authorized
the City of Oceanside and the City of Vista to become members of the Clean Energy Alliance; and
WHEREAS, at its regular meeting on August 25, 2022, the Clean Energy Alliance Board of
Directors will consider a resolution approving the Amended and Restated Amendment No. 1 to
Clean Energy Alliance Joint Powers Agreement ("Amendment"); and
WHEREAS, the Amendment officially recognizes the additions of the cities of Escondido,
Oceanside, San Marcos, and Vista as members of the Clean Energy Alliance, and makes other
minor technical changes to the Agreement; and
WHEREAS, pursuant to Section 2.4 of the Agreement, any public agency authorized to be
a community choice aggregator and located within the service territory of San Diego Gas &
Electric may become a member of the Clean Energy Alliance upon adoption of a resolution
authorizing membership by a two-thirds vote of the Board of Directors of the Clean Energy
Alliance, among other conditions; and
WHEREAS, pursuant to Section 4.12.l(c) of the Agreement, parties to the JPA are to be
provided 30 days' advance notice of the Amendment to include a copy of the proposed
Amendment; and
WHEREAS, on July 25, 2022, the Clean Energy Alliance provided the City of Carlsbad
written notice and a copy of the proposed Amendment; and
WHEREAS, the City of Carlsbad desires to amend the Agreement and to document, ratify,
restate and amend previous amendments and the addition of new members to the Clean Energy
Alliance, as described in the proposed Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as
follows:
1.The Amendment is approved, and the City Manager is authorized to execute the
Amendment in substantially the form attached as Attachment A, together with minor
technical or clerical corrections, if any.
2.Staff is authorized and directed to take such further actions as may be necessary and
appropriate to implement the intent and purposes of this Resolution.
3.This Resolution and the Amendment are exempt from the requirements of the California
Environmental Quality Act ("CEQA") under CEQA Guidelines Section 15378(b)(S) as the
Amendment involves organizational and administrative activities of government that will
not result in direct or indirect physical changes on the environment, and therefore is not
considered a "project."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16th day of August, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
ln_, FAVIOLA MEDINA, City Clerk Services Managerr·-(SEAL)
Attachment A
AMENDED AND RESTATED
AMENDMENT NO. 1 TO
CLEAN ENERGY ALLIANCE
JOINT POWERS AGREEMENT
This Amended and Restated Amendment No. 1 to Clean Energy Alliance Joint Powers Agreement (hereinafter “Amendment”), is entered into by and between the Parties listed on Exhibit B hereto effective August 25, 2022, and is made in reference to the following facts:
A.Effective November 4, 2019, the Founding Members of Clean Energy Alliance
(“CEA”) entered into that certain Clean Energy Alliance Joint Powers Agreement(“Agreement”).
B.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
Agreement and authorizing staff to take other actions necessary for the City ofEscondido to join CEA, and introduced Ordinance No. 2021-12 ordaining the CityCouncil’s decision, pursuant to Public Utilities Code Section 366.2 to implement aCommunity Choice Aggregation (“CCA”) program within the jurisdiction of the
City of Escondido by participating in CEA, under the terms and conditions of the
Agreement.
C.On November 17, 2021, the City of Escondido conducted a second reading andadopted Ordinance No. 2021-169 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 andconditions of the Agreement.
D.On November 18, 2021, the Board of Directors of CEA authorized the City of
Escondido to become a member of CEA pursuant to Section 2.4 of the Agreement.
E.On November 9, 2021, through a unanimous vote of its City Council, the City ofSan Marcos adopted Resolution No. 2021-8950 authorizing the execution of theAgreement and authorizing staff to take other 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 aCommunity Choice Aggregation (“CCA”) program within the jurisdiction of theCity of San Marcos by participating in CEA, under the terms and conditions of theAgreement.
F.On November 23, 2021, the City of San Marcos conducted a second reading andadopted Ordinance No. 2021-1508 ordaining the City Council’s decision, pursuant
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to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of San Marcos by participating in CEA, under the terms and
conditions of the Agreement.
G.On December 17, 2021, the Board of Directors of CEA authorized the City of SanMarcos to become a member of CEA pursuant to Section 2.4 of the Agreement.
H. On June 8, 2022, through a majority vote of its City Council, the City of Oceanside
adopted Resolution No 22-R0372-1 authorizing the execution of the Agreement andauthorizing staff to take other actions necessary for the City of Oceanside to joinCEA, and introduced Ordinance No. 22-OR0396-1 ordaining the City Council’sdecision, pursuant to Public Utilities Code Section 366.2 to implement a Community
Choice Aggregation (“CCA”) program within the jurisdiction of the City of
Oceanside by participating in CEA, under the terms and conditions of theAgreement.
I.On June 22, 2022, the City of Oceanside conducted a second reading and adopted
Ordinance No. 22-OR0396-1 ordaining the City Council’s decision, pursuant to
Public Utilities Code Section 366.2 to implement a CCA program within thejurisdiction of the City of Oceanside by participating in CEA, under the terms andconditions of the Agreement.
J.On July 28, 2022, the Board of Directors of CEA considered authorization of the
City of Oceanside to become a member of CEA pursuant to Section 2.4 of theAgreement.
K. On June 28, 2022, through a unanimous vote of its City Council, the City of Vistaadopted Resolution No. 2022-113 authorizing the execution of the Agreement and
authorizing staff to take other actions necessary for the City of Vista to join CEA,and introduced and adopted Ordinance No. 2022-9 ordaining the City Council’sdecision, pursuant to Public Utilities Code Section 366.2 to implement a CommunityChoice Aggregation (“CCA”) program within the jurisdiction of the City of Vistaby participating in CEA, under the terms and conditions of the Agreement.
L.On July 28, 2022, the Board of Directors of CEA considered authorization of theCity of Vista to become a member of CEA pursuant to Section 2.4 of the Agreement.
M.CEA’s Board of Directors approved amendments to the Agreement by Resolution
2021-012 dated September 30, 2021 (which included an Amendment No. 1),Resolution 2021-014 dated November 18, 2021 (approving the City of Escondido asa Member) and Resolution 2021-015 dated December 17, 2021 (approving the Cityof San Marcos as a Member) (collectively, “Previous Amendments”).
N.The Parties wish to amend the Agreement on the terms set forth below and todocument, ratify, restate and amend Previous Amendments and the addition of newmembers to CEA.
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O.On July 25, 2022, the form of this amendment was circulated to CEA’s members for
signature and return to CEA for CEA Board of Directors approval at its August 25,
2022 meeting.
NOW, THEREFORE, in consideration of their mutual promises as herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree to amend the Agreement as follows:
1.The above recitals are true and correct.
2.The word “Founding” is hereby stricken from the first paragraph of the Agreement andfrom Section 1.2.
3.Exhibit B (List of Founding Members) to the Agreement shall be deleted in its entirety and
replaced with the Exhibit B (List of Members) attached to this Amendment as Exhibit B,which is fully incorporated herein by this reference.
4.The first sentence of Section 5.1 Elected and Appointed Officers of the Agreement is
hereby amended to read as follows:
“For each calendar year, the Board shall elect a Chair and Vice Chair from among theDirectors and for each fiscal year shall appoint a Secretary and a Treasurer as provided inGovernment Code Section 6505.5.”
5.The first sentence of Section 5.2 Chair and Vice Chair of the Agreement is hereby amendedto read as follows:
“For each calendar year, the Board shall elect a Chair and Vice Chair from among the
Directors.”
6.This Amendment may be executed electronically and in counterparts, which together shallbe, for all purposes, the same as one original agreement.
7.The terms set forth in this Amendment shall have the meanings ascribed to them in theAgreement for all purposes unless the context clearly indicates some other meaning.
8. This Amendment amends and restates the Previous Amendments to the Agreement.
9.Except as otherwise provided in this Amendment, each and every provision, term andcondition contained in the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of the date
first indicated above.
[SIGNATURES ON FOLLOWING PAGES]
MEMBER:
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APPROVAL AS TO FORM:
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City Attorney Date
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EXHIBIT B: List of Members
Founding Members (public agencies becoming a member by October 1, 2020)
City of Carlsbad
City of Del Mar
City of Solana Beach
Members becoming a member after October 1, 2020
City of Escondido (effective November 18, 2021)
City of San Marcos (effective December 17, 2021)
City of Oceanside (effective July 28, 2022)
City of Vista (effective July 28, 2022)
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