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BACKGROUND Staff made a presentation to City Council at its September 17, 2019 meeting, regarding staff's evaluation and analysis of EBCE, participation and implementation of the CCA program to provide alternate electric services to City of Pleasanton consumers under a JPA agreement. The EBCE governs and operates CCA programs for Alameda County and eleven cities in Alameda County and is interested in providing services to the City of Pleasanton. The CCA program operates in partnership and in competition with Pacific Gas &Electric (PG&E), wherein the CCA procures and/or generates electricity on behalf of its customers, while PG&E continues to deliver the power to homes and businesses, handles customer billing and maintains the electric grid. In short, CCA programs like EBCE enables local jurisdictions to procure electricity on behalf of customers within their borders. The goals of EBCE's program are to promote renewable energy, reduce greenhouse gas emissions, and provide energy at competitive rates. Currently, there are 19 operational CCAs serving more than 10 million people in California. After completion of staff's presentation and discussion, the City Council authorized staff to pursue participation in an EBCE Joint Powers Agreement. Due to the limited window of time by statutory requirements, the City must complete certain actions immediately to implement this program by 2021. DISCUSSION Section 366.2 of the California Public Utilities Code requires that any agency seeking to implement a CCA in their jurisdiction must do so by ordinance. This item requests that the City Council adopt an ordinance (uncodified) authorizing the City of Pleasanton's implementation of a CCA program. The City Council must also adopt a resolution approving a joint powers agreement, thereby authorizing the EBCE to act as the CCA on the City's behalf. By approving the JPA, the City is joining EBCE as a member. The JPA contains provisions regarding EBCE's powers, governance structure, including voting allocations, its obligation to indemnify the members, and the process for withdrawing from the authority, along with other standard JPA terms. As a member of EBCE, the City will have a representative on the EBCE's Board of Directors. If approved by Council, Exhibits A -C of the JPA would be updated to reference the City of Pleasanton. There is currently no fee associated with joining the EBCE. In order for the City of Pleasanton to participate on the EBCE Board of Directors in 2020 and receive service in 2021, the City must: 1. Adopt the Resolution approving an agreement to participate in the East Bay Community Energy Joint Powers Agency on October 1, 2019. 2. Introduce by first reading, an Uncodified Ordinance amending the Pleasanton Municipal Code to participate in the East Bay Community Energy Program on October 1, 2019. 3. Approve a second vote of the Ordinance and sign the "East Bay Community Energy Authority -Joint Powers Agreement" on October 15, 2019. Page 2 of 3