Cup.Ord.15-2138ORDINANCE NO. 15-2138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM
The City Council of the City of Cupertino does ordain as follows:
SECTION 1. FINDINGS. The City Council finds as follows:
1. The Cities of Cupertino, Mountain View and Sunnyvale and the County of Santa
Clara formed and sponsored the Silicon Valley Community Choice Energy
Partnership (SVCCEP) to investigate options to provide electric service to
customers within the City of Cupertino and surrounding municipalities with the
intent of achieving greater local control and involvement over the provision of
electric services, competitive electric rates, the development of local renewable
energy projects, reduced greenhouse gas emissions, and the implementation of
energy conservation and efficiency projects and programs.
2. The City of Cupertino, through its participation in SVCCEP, has prepared a
Technical Feasibility Study for a Community Choice Aggregation ("CCA")
program under the provisions of Public Utilities Code Section 366.2. The
Technical Feasibility Study shows that implementing a community choice
aggregation program would likely provide multiple benefits, including the
following:
a. Providing customers a choice of power providers; _
b. Increasing local control over energy rates and other energy-related matters;
c. Providing electric rates that are competitive with those provided by the
incumbent utility;
d. Reducing greenhouse gas emissions arising from electricity use in the City;
e. Increasing local and regional renewable generation capacity;
f. Increasing energy conservation and efficiency projects and programs;
g. Increasing regional energy self-sufficiency; and
h. Improving the local economy by implementing new local renewable and
energy conservation and efficiency projects.
3. The Joint Powers Agreement creating the Silicon Valley Clean Energy Authority
("Authority") will govern and operate the CCA program on behalf of its member
jurisdictions. The Initial Participants within the County of Santa Clara, as defined
by the Joint Powers Agreement, may participate in the Authority by adoption of
Ordinance No. 15-2138
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a resolution approving the execution of the Joint Powers Agreement and
adoption of the CCA ordinance required by Public Utilities Code Section
366.2(c)(12) by March 31, 2016. Municipalities choosing to participate in the
Authority will have membership on the Board of Directors of the Authority as
provided in the Joint Powers Agreement.
4. The Authority will enter into agreements with electric power suppliers and other
service providers and, based upon those agreements, the Authority plans to
provide electrical power to residents and businesses at rates that are competitive
with those of the incumbent utility. Once the California Public Utilities
Commission approves the implementation plan prepared by the Authority, the
Authority may provide service to customers within the City of Cupertino and
those cities that choose to participate in the Silicon Valley Clean Energy
Authority; and
5. Under Public Utilities Code Section 366.2, customers have the right to opt-out of
a CCA program and continue to receive service from the incumbent utility.
Customers who wish to continue to receive service from the incumbent utility
will be able to do so at any time; and
6. On December 1, 2016, the Cupertino City Council held a public hearing at which
time interested persons had an opportunity to testify either in support or in
opposition to implementation of the Silicon Valley Clean Energy CCA program
in the City of Cupertino; and
7. This ordinance is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to the State CEQA Guidelines, as it is not a
"project" and has no potential to result in a direct or reasonably foreseeable
indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).)
Further, the ordinance is exempt from CEQA as there is no possibility that the
ordinance or its implementation would have a significant negative effect on the
environment. (14 Cal. Code Regs.§ 15061(b)(3).) The ordinance is also
categorically exempt because it is an action taken by a regulatory agency to
assure the maintenance, restoration, enhancement or protection of the
environment. (14 Cal. Code Regs.§ 15308.) A Notice of Exemption to be filed as
authorized by CEQA and the State CEQA Guidelines; and
8. The City Council is the decision-making body for the contemplated actions,
including enactment of this Ordinance; and
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9. The City Council has reviewed and considered the CEQA exemptions before
taking any approval actions on this Ordinance and finds such exemptions are
applicable.
SECTION 2. The above findings are true and correct.
SECTION 3. AUTHORIZATION TO IMPLEMENT A COMMUNITY CHOICE
AGGREGATION PROGRAM. Based upon the foregoing, and in order to provide
businesses and residents within the City of Cupertino with a choice of power providers,
the City of Cupertino hereby elects to implement a community choice aggregation
program within the jurisdiction of the City by participating in the Community Choice
Aggregation program of the Silicon Valley Clean Energy Authority, as described in its
Joint Powers Agreement.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption, and the City Clerk shall certify the adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be published and posted in lieu of publication and
posting of the entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 1st day of December, 2015 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the 19th of January 2016, by the following vote:
Vote Members of the City Council
AYES: Chang, Vaidhyanathan, Paul, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
~~1Y
Grace Schmidt, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 15-2138, which was
enacted on January 19, 2016, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 21st day of January 2016.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California