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Resolution 14431CITY OF ALAMEDA RESOLUTION NO. 14431 OPPOSING PROPOSITION 16, THE "NEW TWO-THIRDS VOTE REQUIREMENT FOR PUBLIC ELECTRICTY PROVIDERS — INITITIATIVE CONSTITUTIONAL AMENDMENT WHEREAS, the "New Two-Thirds Vote Requirement for Pub ic Electricity Providers — Initiative Constitutional Amendment" (the Initiative) has qualified for the June 8, 2010 Statewide Primary Election; and WHEREAS, the initiative would require a public power provider to obtain a two-thirds voter majority in both existing territory and proposed territory expansions prior to spending funds for a utility system expansion; and WHEREAS, the Initiative would prevent a simple majority of citizens from determining whether they wish to pursue Community Choice Aggregation, a program authorized by the State Legislature in 2002 that allows a city, county, or group of government agencies to supply electricity to residents and businesses within their jurisdiction; and WHEREAS, the Initiative contains vague and ambiguous language which can be construed to require an existing public utility to obtain a two-thirds majority vote of citizens for the development of non-renewable generation facilities or transmission lines located outside of the city's jurisdiction; and WHEREAS, such restrictions could constrain Alameda Municipal Power's (AMP) resource planning and procurement efforts by imposing two-thirds voter approval requirements prior to AMP committing to new investment in transmission or generation infrastructure to serve its electric load; and WHEREAS, although the City of Alameda is already a public power community, this Initiative would thwart the ability of citizens to opt for locally controlled public power in other communities throughout the state; and WHEREAS, on February 22, 2010, the Public Utilities Board, by motion, recommended that the City Council adopt a resolution opposing the Initiative. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: 1. The Council does hereby oppose the "New Two-Thirds Vote Requirement for Public Electricity Providers — Initiative Constitutional Amendment"; and 2. The residents of the City of Alameda are encouraged to become well informed of the Initiative and its possible impacts. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 16th day of March, 2010, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese and Mayor Johnson - 4. NOES: None. ABSENT: None. ABSTENTIONS: Councilmember Tam - IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this 17th day of March, 2010. Lara Weisiger, C Clerk City of Alameda