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HomeMy WebLinkAboutORD 1439 ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE WHEREAS, the City of Baldwin Park ("City") is a general law city and a political subdivision of the State of California; and WHEREAS, the City is pursuing alternative energy solutions in hopes of bettering the current and future environmental and economic conditions of its community and region; and WHEREAS,the City has been actively investigating options to procure and provide electric power to its citizens with the intent of achieving greater local involvement over the provision of electric services and promoting competitively priced renewable energy; and WHEREAS, on September 24, 2002, the Governor signed into law Assembly Bill 117 which consists of amendments to and additions of Sections 218.3, 331.1, 366, 366.2, 381.1, 394 and 394.25 of the California Public Utilities Code (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, through Docket No. R.03-10-003, the California Public Utilities Commission ("Commission") has issued various decisions and rulings addressing the implementation of Community Choice Aggregation programs, including the issuance of a procedure by which the Commission will review Implementation Plans, which are required for submittal under the Act as the means of describing the CCA program and assuring compliance with various elements contained in the Act; and WHEREAS, an initial technical study concluded that a CCA Program would serve the City and provide benefits to include the use of renewable energy at or above the required Renewable Portfolio Standard level while providing economic benefits to the City; and WHEREAS, the Baldwin Park CCA Implementation Plan was considered and approved by the Baldwin Park City Council at its regular meeting of November 14, 2018; and WHEREAS, the Baldwin Park CCA Implementation Plan was subsequently filed with the Commission for review and certification; and WHEREAS, as described in the Implementation Plan, Community Choice Aggregation by and through the City appears to provide a reasonable opportunity to accomplish all of the following: (a) provide greater levels of local involvement in and collaboration on energy decisions; (b) increase the amount of locally supplied renewable energy available to the City's citizens; and (c) provide initial price stability, long-term electricity cost savings and other benefits for the community; and WHEREAS, the City Council has determined that it is in the public interest and welfare to establish a CCA Program; and WHEREAS,the Act requires Community Choice Aggregation program participants to adopt an ordinance electing to implement a Community Choice Aggregation program within the jurisdiction of the local government agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS That the recitals set forth above are true and correct and are incorporated as though fully set forth herein. Section 2. APPROVAL OF COMMUNITY CHOICE AGGREGATION PROGRAM That the City Council hereby approve and direct that the City proceed with the implementation of the Baldwin Park CCA program within the City's jurisdiction, as described in the Implementation Plan. Section 3. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 4. EFFECTIVE DATE That this ordinance shall take effect thirty (30) days after its adoption. Section 5. CERTIFICATION First read at a regular meeting of the City Council of the City of Baldwin Park held on the 20th day of March, 2019, and adopted and ordered published at a regular meeting of said Council on the 3rd day of April, 2019. PASSED, APPROVED, AND ADOPTED his 3rd day of April, 2019. ./f ■i MA 1 EL —=--=ii t, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on March 20, 2019. Thereafter, said Ordinance No. 1439 was duly approved and adopted at a regular meeting of the City Council on April 3, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: Avila, Garcia, Hernandez, Lozano, Pacheco NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None • 1 4.,_, 1 JEAN M A ALA , CITYC - -K