HomeMy Public PortalAboutCity Council_Ordinance No. 17-1030_Joint Power Agreement for Los Angeles Community Choice Energy (LACCE)_12/19/2017_RegularAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, APPROVING THE JOINT POWERS AGREEMENT
FOR LOS ANGELES COMMUNITY CHOICE ENERGY AND
AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE
AGGREGATION PROGRAM
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City of Temple City has been actively investigating options to provide
electric services to constituents within its service area with the intent of achieving
greater local involvement over the provisions of electric services and promoting
competitive and renewable energy.
SECTION 2. On September 24, 2002, the Governor 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.
SECTION 3. The Act expressly authorizes participation in a Community Choice
Aggregation (CGA) program through a joint powers agency, and to this end the County
of Los Angeles has been participating since 2015 in the evaluation of a CCA program
for the County and the cities and towns within it.
SECTION 4. Through Docket No. R.03-10-003, the California Public Utilities
Commission has issued various decisions and rulings addressing the implementation of
Community Choice Aggregation programs, including the recent issuance of a procedure
by which the California Public Utilities Commission will review "Implementation Plans,"
which are required for submittal under the Act as the means of describing the
Community Choice Aggregation program and assuring compliance with various
elements contained in the Act.
SECTION 5. Representatives from the City along with representatives of its JPA
partners, have developed the Los Angeles Community Choice Energy Authority Joint
Powers Agreement ("Joint Powers Agreement") (attached hereto as Exhibit A) in order
to accomplish the following:
(a) To form a Joint Powers Authority (JPA) known as "Los Angeles Community Choice
Energy" ("LACCE") and;
(b) To specify the terms and conditions by which participants may participate as a
group in energy programs, including but not limited to the preliminary
implementation of a Community Choice Aggregation program.
Ordinance No. 17-1030
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SECTION 6. Representatives from the City along with its partner JPA members have
developed a Business Plan (attached hereto as Exhibit B) that describes the formation
of Los Angeles Community Choice Energy and the Community Choice Aggregation
program to be implemented by and through the LACCE Authority.
SECTION 7. A final Implementation Plan will be submitted for review and adoption by
the Board of Directors of the LACCE Authority as soon after the formation of the
Authority as reasonably practicable.
SECTION 8. As described in the Business Plan, Community Choice Aggregation by and
through the LACCE Authority appears to provide a reasonable opportunity to
accomplish all of the following:
(a) To provide greater levels of local involvement in and collaboration on energy
decisions.
(b) To increase significantly the amount of renewable energy available to LACCE
energy customers,
(c) To provide initial price stability, long-term electricity cost savings and other benefits
for the community, and
(d) To reduce greenhouse gases that are emitted by creating electricity for the
community.
SECTION 9. The Act requires Community Choice Aggregation program participants to
individually adopt an ordinance ("CCA Ordinance") electing to implement a Community
Choice Aggregation program within its jurisdiction by and through its participation in the
LACCE Authority.
SECTION 10. The Joint Powers Agreement expressly allows the City to withdraw its
membership in the LACCE Authority (and its participation in the Community Choice
Aggregation program) prior to the actual implementation of a Community Choice
Aggregation program through Program Agreement.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. That the recitals set forth above are true and correct and are incorporated
as though fully set forth herein.
SECTION 2. Based upon the findings and declarations set forth in this ordinance, and
in order to provide businesses and residents within the jurisdictional boundaries of the
City with a choice of power providers and with the benefits described in the recitals
above, the City Council hereby elects to implement a CCA program within the City's
jurisdiction boundaries. Upon approval of the LACCE Joint Powers Agreement, the City
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Ordinance No. 17-1030
Page 3 of 4
will implement the CCA program by and through the City's participation in the LACCE
Authority), a joint powers authority established pursuant to California Government Code
section 6500 et seq. and California Public Utilities Code section 366(c)(12).
SECTION 3. That the City Council hereby approve and direct that the City proceed with
the participation in the LACCE Joint Powers Authority.
SECTION 4. 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 5. That all the provisions of any of the City's ordinances as heretofore
adopted by the City that are in conflict with the provisions of this ordinance are hereby
repealed.
SECTION 6. That this ordinance shall take effect thirty (30) days after its adoption.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
PASSED, APPROVED, AND ADOPTED ON this 19th day of December, 2017.
ATTEST:
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Peggy Kuo, City Clerk
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nthia Lem gtiirst, ayor
APPROVED AS TO FORM
Eric ail, City Attonalr-
Ordinance No. 17-1030
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I, Peggy Kuo, City Clerk of the City of Temple City, certify Ordinance No. 17-
1030 was introduced by the City Council at a regular meeting of December 5th, 2017
and adopted by the City Council at a regular meeting held on the 19th day of December,
2017, by the following vote:
AYES: Councilmember — Fish, Yu, Man, Sternquist
NOES: Councilmember — None
ABSENT: Councilmember— Chavez
Peggy Kuo, City Clerk
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