Cup.Reso.15-1111RESOLUTION NO. 15-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE JOINT POWERS AGREEMENT ESTABLISHING
THE SILICON VALLEY CLEAN ENERGY AUTHORITY
WHEREAS, 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; and
WHEREAS, the City of Cupertino through its participation in SVCCEP has
participated in the preparation of a Technical Feasibility Study for a community choice
aggregation ("CCA") program under the provisions of Public Utilities Code Section
366.2, with the Technical Feasibility Study concluding that implementing a community
choice aggregation program would likely achieve the goals and benefits described
above; and
WHEREAS, the City of Cupertino desires to enter into the Joint Powers Agreement
establishing the Silicon Valley Clean Energy Authority in order to implement a
community choice aggregation program pursuant to Public Utilities Code Section
366.2(c)(12) within the jurisdiction of the City along with the other municipalities that
become a member of the Authority;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO HEREBY
RESOLVES:
Section 1. The Silicon Valley Clean Energy Authority Joint Powers Agreement, attached
hereto, is herby approved and the Mayor is authorized to execute this Agreement upon
the effective date of this resolution with any minor changes to the Agreement approved
by the City Manager and City Attorney.
Section 2. This resolution and the establishment of the Silicon Valley Clean Energy
Authority is exempt from the requirements of the California Environmental Quality Act
(CEQA) pursuant to the State CEQA Guidelines, as it is not a "project" since this action
involves organizational and administrative activities of government that will not result
Resolution No. 15-111
Page2
in direct or indirect physical changes in the environment. (14 Cal. Code Regs. §
15378(b)(5)). Further, the ordinance and resolution are 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)). A Notice of
Exemption shall be filed as authorized by CEQA and the State CEQA guidelines. The
City Council is the decision-making body for the contemplated actions, including
approval of this Resolution. The City Council has reviewed and considered the CEQA
exemptions prior to taking any approval actions and finds such exemptions are
applicable.
Section 2. The Silicon Valley Clean Energy Authority Joint Powers Agreement, attached
hereto, is herby approved and the Mayor is authorized to execute this Agreement upon
the effective date of this resolution.
Section 3. This resolution shall be effective upon the adoption of Ordinance No. 15-
2138, an Ordinance of the City Council of the City of Cupertino Authorizing the
Implementation of a Community Choice Aggregation Program.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Cupertino the 1st day of December 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Sinks, Chang, Paul, Vaidhyanathan, Wong
None
None
None
~~Jt
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino