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Final.Cup.Reso.15-111RESOLUTION 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 Page 2 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: Vote Members of the City Council AYES: Sinks, Chang, Paul, Vaidhyanathan, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino