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HomeMy WebLinkAbout17-74 CC Resolution RESOLUTION NO. 17-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE CITY OF TEMECULA FOR THE ESTABLISHMENT OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare that: A. The Local Government Renewable Energy Self-Generation Program, Public Utilities Code Section 2830, requires that the investor-owned utilities like Southern California Edison ("SCE") offer a tariff (commonly referred to as the "The Renewable Energy Self-Generation Bill Credit Transfer Program" or "RES-BCT" tariff) that allows "Local Governments" to generate energy from an "Eligible Renewable Generating Facility" for their own use as a "Generating Account," export energy not consumed at the time of generation by the Generating Account onto SCE's grid, and have a bill credit applied to designated "Benefiting Accounts" for the energy exported onto SCE's grid (as ' such terms are defined therein). B. Assembly Bill 1773, signed into law on September 26, 2016, amended Public Utilities Code Section 2830 to expand the definition of an eligible "Local Government" to include certain joint powers authorities, and to provide the eligibility requirements for Benefiting Accounts of such authorities. Specifically, the definition of "Local Government" was revised in Section 2830(a)(6) to include "a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) that has as members public agencies located within the same county and same electrical corporation service territory, ...". C. Assembly Bill 1773 further added a new subsection (b) to Section 2830(a)(1) to provide the eligibility requirements for Benefiting Accounts of joint powers authorities as follows: "The account or accounts belong to members of a joint powers authority and are located within the geographical boundaries of the group of public agencies that formed the joint powers authority, if the eligible renewable generating facility and electricity account or accounts are wholly located within the confines of a single county within which the joint powers ' authority is located and electric service is provided by a single electrical corporation, with the account or accounts being Resos 17-74 1 mutually agreed upon by the joint powers authority and the ' electrical corporation," D. The City of Lake Elsinore and the City of Temecula are located entirely within Riverside County and are exclusively within the service territory of SCE. E. The City of Temecula desires to participate in the Local Government Renewable Self-Generation Program pursuant to Public Utilities Code Section 2830 as a member of a joint powers authority that is comprised of members that are public agencies and are authorized and empowered to contract with all the other members for the joint exercise of powers under Articles I and II, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the California Government Code (the "Act') SECTION 2. The City of Temecula hereby approves the Joint Powers Agreement of the Southwest Riverside County Energy Authority, on file as a public record in the Office of the City Clerk, and the establishment of the Southwest Riverside County Energy Authority (SRCEA) and authorizes the Mayor to execute such agreement on behalf of the City in substantially the form presented to the City Council. SECTION 3. The City Council of the City of Temecula shall appoint two (2)of its members to serve on the Board of Directors for the SRCEA and shall annually confirm such appointments. ' SECTION 4. The City Manager of the City of Temecula (or his/her designee provided that such designee is the Assistant City Manager or a Department Director) is hereby appointed as the City of Temecula alternate to the Board of Directors for the SRCEA. SECTION 5. This Resolution shall take effect immediately upon its adoption. SECTION 6. The City Clerk shall certify to the passage of this Resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of October, 2017. M, ryann Edwards, Mayor ATTEST Rani I, ity Clerk ' [SEAL] Resos 17-74 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17-74 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of October, 2017, by the following vote: AYES: 3 COUNCIL MEMBERS: Comerchero, Naggar, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Rahn ABSENT: 1 COUNCIL MEMBERS: Stewart Randi Johl, City Clerk 1 Resos 17-74 3