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Resolution 28-19 RESOLUTION NO. 28-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL REQUESTING MEMBERSHIP IN MARIN CLEAN ENERGY,AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH MARIN CLEAN ENERGY,AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE OTHER DOCUMENTS TO INITIATE MEMBERSHIP IN MARIN CLEAN ENERGY WHEREAS, the City of Pleasant Hill has been actively investigating options to provide electric services to constituents within its service area with the intent of promoting use of renewable energy and competitive retail choice and reducing energy-related greenhouse gas emissions; and WHEREAS, Assembly Bill 117 (Stat. 2002, ch. 838; see California Public Utilities Code section 366.2 et seq.;hereinafter referred to as the"Act")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, AB32 was signed into law in 2006 establishing the goal of reducing the state's greenhouse gas emissions to 1990 levels by 2020; and WHEREAS,the Act expressly authorizes participation in a CCA program through a joint powers agency, and to this end, the City of Pleasant Hill has been evaluating a CCA program through Marin Clean Energy ("MCE"), established as a joint powers authority pursuant to California Government Code § 6500 et seq; and WHEREAS,on February 2,2010,the California Public Utilities Commission certified the Implementation Plan of MCE, confirming MCE's compliance with the requirements of the Act; and WHEREAS, electricity in Pleasant Hill is generated and provided by Pacific Gas and Electric (PG&E) and there is not presently an alternative provider in the City. PG&E is currently working to add more renewable energy to its power mix under California's renewable portfolio standard and is on track to have 33 percent renewables by the end of 2020; and WHEREAS, the City of Pleasant Hill is committed to the development of renewable energy generation and energy efficiency improvements,reduction of greenhouse gases,protection of the environment, and fully supports MCE's current electricity procurement plan, which targets more than 50%renewable energy content; and WHEREAS, the City of Pleasant Hill finds it important that its residents, businesses, and public facilities have alternative choices to energy procurement beyond PG&E; and WHEREAS, the City of Pleasant Hill finds that joining MCE will offer Pleasant Hill customers choice in their power provider and will help the City meet the State goal set out in AB32; and WHEREAS, in order to become a member of MCE, the MCE Joint Powers Agreement requires the City to adopt an ordinance electing to implement a Community Choice Aggregation program within its jurisdiction by and through its participation in MCE; and WHEREAS, MCE will govern and operate the CCA program on behalf of the City. The City's participation in MCE will include membership on the Board of Directors as provided in the Joint Powers Agreement; and WHEREAS, MCE will enter into agreements with electric power suppliers and other services providers and, based on these agreements, MCE plans to provide power to residents and businesses at rates that are competitive with those of the incumbent utility; and WHEREAS, California Public Utilities Code § 366.2 allows customers the right to opt- out of the MCE CCA program and continue to receive service from PG&E. Customers who desire to continue to receive service from PG&E will be able to do so at any time; and WHEREAS, on June 3, 2019, the City Council held a public meeting at which time interested persons had an opportunity to testify either in support or in opposition to implementation of the MCE CCA program within the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill: 1. This resolution is exempt from the requirements of the California Environmental Quality Act("CEQA")pursuant to State CEQA Guidelines, as it is not a"project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment because it involves an organizational activity of a local government. 14 Cal. Code Regs. § 15378(a). The resolution is expressly exempt from CEQA because it is an organizational or administrative activity of governments that will not result in direct or indirect physical change in the environment. 14 Cal. Code Regs. § 15378(b)(5). The resolution is also exempt from CEQA because it is merely a change in organization of local agencies. 14 Cal. Code Regs. § 15320. Further,the resolution is exempt from CEQA because there is no possibility that the resolution or its implementation, which would only result in the formation of a governmental organization, would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The City of Pleasant Hill shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines. 2. The City Council requests membership in Marin Clean Energy and further requests that the Board of Directors of Marin Clean Energy approve the City of Pleasant Hill as a member of MCE. 3. The City Council authorizes the Mayor to execute the Memorandum of Understanding with Marin Clean Energy (Exhibit 1). 4. The City Manager is hereby directed to forward a copy of this resolution, a Memorandum of Understanding, and a completed request for load data to MCE. The City Manager, or designee, is further authorized to execute such other documents necessary or desirable to initiate membership in Marin Clean Energy, subject to City Attorney approval. ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 3`d day of June, 2019, by the following vote: AYES: Flaherty, Harris, Rinn, Carlson NOES: None ABSENT: None ABSTAIN: None RECUSE: Noack KE ri' CARLSON, Mayor ATTEST:" k la/K u.9--\C" CAROL WU, City Clerk APPROXI I A S TO FORM; JAN '. COLESON, City Attorney