TO:
FROM:
Honorable Mayor and City Council
Water and Power Department
nd e
November 14, 2022
SUBJECT: ADOPT A RESOLUTION TO DESIGNATE DEPARTMENT
REPRESENTATIVES FOR WATER AND POWER PROGRAMS THAT
INCLUDE REGULATORY COMPLIANCE REQUIREMENTS AND TO
SUPERSEDE A PRIOR RESOLUTION
RECOMMENDATION:
It is recommended that the City Council:
1. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required; and
2. Adopt a Resolution designating the General Manager and Assistant General Manager of the Water and Power Department as primary and alternate Authorized/Designated Representatives, or any title variation thereof, for any and all mandated or voluntary Water and Power programs that require compliance with laws and regulations, and supersede a prior Resolution.
BACKGROUND:
On July 9, 2012, the Pasadena City Council adopted Resolution 9216 which designates primary and alternate "Representatives" to conduct transactions and submit reports for the Cap-and-Trade Program. Specifically, th.e General Manager of the Water and Power Department is appointed as the City's "Authorized Account Representative" and "Designated Representative," and the Assistant General Manager of the Water and Power Department is appointed as the "Alternate Authorized Account Representative" and "Alternate Designated Representative." Resolution 9216 is specific to position and program without a process to address a vacancy in the General Manager position or future programs that include similar official ·representation roles.
As per Section 95830(e) (1) of the Cap-and-Trade Regulation, changes in Directors, Officers, Partners, and Representatives must be made within 30 days. Considering the delays associated with hiring and program registration, compliant updates are unlikely.
MEETING OF __ l_l_/1_4_/_2_0_2_2_ AGENDA ITEM NO. _ 2 ___ _ Designation of Department Representatives
November 14, 2022
Since the adoption of Resolution 9216, additional programs have been implemented that require official representatives responsible for program compliance, and/or involve transacting and/or reporting of results, including the Renewable Portfolio Standard and Low Carbon Fuel Standard. It is anticipated that California will continue to introduce new programs as it continues to drive greenhouse gas reduction and increased investment in renewable energy. While titles and compliance requirements vary by program, the representation roles, if/when required, function the same or similarly.
The recommended Resolution expands on the intent of and supersedes Resolution 9216 to any and all Water and Power programs requiring regulatory compliance and authorizes the Assistant General Manager to be designated to a primary role in the event of a vacancy in the General Manager position. This would officially delegate program oversight responsibility during the vacancy period to maintain operational and fiscal oversight and integrity to ensure that regulatory compliance is maintained. This designation would exist only until a new General Manager is in place and has successfully registered with the applicable regulatory body. Any representations, actions, inactions, or submissions by the Designated Representatives, or titles acting in a similar capacity, shall be binding on the City.
COUNCIL POLICY CONSIDERATION:
The current and future Water and Power programs represented by the proposed Resolution are governed by regulations, whether participation is required or voluntary.
Regulated mandated programs such as Cap-and-Trade support the reduction of greenhouse gas emissions and are consistent with the following Urban Accords goals:
Renewable Energy (Action 1); Climate Change (Action 3); Clean Vehicles (Action 4), and Clean Air (Action 8). In addition, the market-based incentivization mechanism of the program also supports the goal to maintain fiscal responsibility and stability.
Regulated voluntary programs such as Low Carbon Fuel Standard encourage the adoption of clean technologies such as electric vehicles which supports the City Council's strategic goals to increase conservation and sustainability, improve mobility and accessibility throughout the City of Pasadena, and support and promote the quality of life and the local economy.
ENVIRONMENTAL ANALYSIS:
The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The adoption of a resolution which designates the General Manager and Assistant General Manager of the Water and Power Department as authorized Entity and Account/Designated Representatives for any and all federal, state, and local programs with regulatory compliance requirements is an organizational and administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a "project" subject to Designation of Department Representatives
November 14, 2022
CEQA, as defined in Secfion 21065 ofCEQA an.d Section 15378 of the StateCEQA Guidelines. Since the action is hot a project subject to dEQA~. no environmental document ls required.
FIS.GAL IMPACT:
This action, is administ.rative withnoJiscal impact oranylndirect orsupport c.ost requirements. The anticipated impact to other operatio'nal programs or capital projects as a resultofthisaction will be.none~ ·
Prepared by:
Christina Schieber
Resource Planner I
Approved by:
6~~
MIGUEL MARQUEZ
City Manc1ger
Attachment A - Resolution 921.6
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Int .
Water and Power Department