HomeMy WebLinkAboutCity Council - 2020-87 RESOLUTION NO. 2020-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING THE ORANGE COUNTY JOINT POWERS AGREEMENT
AND AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE
.AGGREGATION PROGRAM
The City of Huntington Beach has been actively investigating options to provide
electric services to constituents within its service area with the intent of providing rate
savings and consumer choice, encouraging adoption of renewable energy, reducing energy
consumption, fostering local control, and providing Huntington Beach residents and
businesses with alternatives to Southern California Edison Company ("SCE"); and
On September 24, 2002, the Governor signed into law Assembly Bill 117 (Migden,
2002; codified at California Public Utilities Code § 366.2; hereinafter referred to as the
"Act"), which authorizes any California city or county, whose governing body so elects, or
cities or counties through a joint powers authority, to combine the electricity load of its
residents and businesses in a community-wide electricity aggregation program known as
Community Choice Aggregation (CCA); and
On November 20, 2020, the Orange County Power Authority ("Authority") was
established as a joint powers authority pursuant to that certain document entitled Orange
County Power Authority Joint Powers Agreement, as amended from time to time
("Agreement"); and
The City of Huntington Beach is committed to the purposes of the Orange County
Power Authority; and
Electricity in Huntington Beach is currently generated and provided by SCE and
there is not presently an alternative provider in the City; and
The City finds it important that its customers—residents, businesses, and public
facilities—have alternative choices to energy procurement beyond SCE; and
In order to become a member of the Authority,the Agreement requires the City to
adopt a resolution electing to implement a Community Choice Aggregation program within
its jurisdiction by and through its participation in the Authority.
NOW, THEREFORE, the City Council of the City of Huntington Beach resolves as
follows:
Section 1. Based upon the foregoing recitals, the City of Huntington Beach City Council
elects to implement a Community Choice Aggregation program within the City of Huntington
Beach's jurisdiction by and through the City of Huntington Beach's participation in the
Authority. The City Manager is hereby authorized to execute the Agreement.
20-9216/241041
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Resolution No. 2020-87
Section 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Resolution for any reason is held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Resolution. The City Council hereby declares that it would have adopted this
Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 3. This resolution shall take effect on the date the Board of Directors of the
Authority approves adding the City of Huntington Beach as a member.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Huntington Beach on this loth day of December, 2020.
Mayor
bana
AN APPED: INITIATED AND A PROVED:
ger Assistant City Manage
APPROVED AS TO FORM:
I I),L-A- V
City Attorney
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Res. No. 2020-87
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of
said City, do hereby certify that the whole number of members of the City
Council of the City of Huntington Beach is seven; that the foregoing resolution
was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a special meeting thereof held on
December 10, 2020, by the following vote:
AYES: Kalmick, Carr, Posey, Moser, Delgleize
NOES: None
ABSENT: Peterson, Ortiz
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California