Ord 2016-022 - Laserfiche WebLink

Home

8. Encouraging local economic and employment benefits through energy conservation and efficiency projects; and WHEREAS, representatives from the County and Alameda County cities have developed the East Bay Community Energy Authority Joint Powers Agreement ("Joint Powers Agreement") (attached hereto as Exhibit A). The Joint Powers Agreement creates the East Bay Community Energy Authority ("Authority"), which will govern and operate the CCA program; and WHEREAS, the County and the Alameda County cities that elect to participate in the CCA Program shall do so by approving the execution of the Joint Powers Agreement and adopting an ordinance electing to implement a CCA Program, as required by Public Utilities Code Section 366.2(c)(12); and WHEREAS, the Authority will enter into agreements with electric power suppliers and other service providers and, based upon those agreements, the Authority plans to provide electrical power to residents and businesses at rates that are competitive with those of the incumbent utility; upon the California Public Utilities Commission approving the implementation plan prepared by the Authority, the Authority can provide service to customers within its member jurisdictions; and 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; and customers who wish to continue to receive service from the incumbent utility will be able to do so at any time. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF SAN LEANDRO HEREBY ORDAINS AS FOLLOWS: SECTION ONE. PURPOSE AND INTENT The purpose and intent of this ordinance is to implement a Community Choice Aggregation (CCA) program within Alameda County and including the City of San Leandro, pursuant to the authority provided by California Public Utilities Section 366.2. SECTION TWO. IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM WITHIN THE CITY OF SAN LEANDRO PURSUANT TO PUBLIC UTILITIES CODE SECTION 366.2(c)(12) The City Council of the City of San Leandro hereby elects to implement a Community Choice Aggregation program within the City of San Leandro by and through the City's participation in the East Bay Community Energy Authority, pursuant to California Public Utilities Code Section 366(c)(12). SECTION THREE. CEQA DETERMINATION The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15378(b)(5), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project. A Project does not include "Organization or administrative activities of governments that will not result in direct or indirect physical changes in the environment." Forming or joining a CCA presents no foreseeable significant adverse impact to the environment over the existing condition because state ORDINANCE NO. 2016-022 2