City of Piedmont
COUNCIL AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT:
October 16, 2023
Mayor and Council
Rosanna Bayon Moore, City Administrator
2 nd Reading of Ordinance 770 N. S. Approving the Borrowing of Funds from East Bay Community Energy to Finance the Electrification of the Piedmont Community Pool Project
RECOMMENDATION
Approve the second reading of Ordinance 770 N. S. Approving the Borrowing of Funds from East Bay Community Energy to Finance the Electrification of the Piedmont Community Pool Project.
BACKGROUND
On October 2, 2023, the City Council approved a first reading of Ordinance 770 N.S. Approving the Borrowing of Funds from East Bay Community Energy to Finance the Electrification of the Piedmont Community Pool Project. A second and final reading is required for adoption. Since the first reading, no public comments have been received by the City Clerk’s office. If passed, this ordinance will become effective November 16, 2023.
CITY ATTORNEY REVIEW
The City Attorney has reviewed the staff report.
ATTACHMENTS
A: Ordinance 770 N. S.
1 ORDINANCE NO. 770 N.S.
AN ORDINANCE APPROVING THE BORROWING OF FUNDS FROM EAST BAY
COMMUNITY ENERGY TO FINANCE THE ELECTRIFICATION OF THE
PIEDMONT COMMUNITY POOL PROJECT
The City Council of the City of Piedmont hereby ordains as follows:
SECTION 1.
By adopting this ordinance, the Piedmont City Council intends to authorize the borrowing of funds as required by Section 2.11 (5) of the City Charter by entering into an agreement with East Bay Community Energy.
SECTION 2.
The Piedmont City Council hereby approves entering into an agreement with East Bay Community Energy to borrow $750,000.00 for the purpose of financing the electrification of the Piedmont Community Pool project.
SECTION 3.
The City Council finds that the adoption of this Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in a physical change to the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The Ordinance is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment. The foregoing determination is made by the City Council in its independent judgment. Staff shall prepare and file a notice of exemption in accordance with this determination and the requirements of CEQA.
SECTION 4.
This ordinance shall be posted at City Hall and after its second reading by the City Council for at least thirty (30) days and shall become effective thirty (30) days after such second reading.