HomeMy WebLinkAboutOrdinance 338 - Authorizing Implementation of Community Choice Energy ProgramORDINANCE NO. 338
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM
The City Council of the City of Saratoga 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 Saratoga 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 Saratoga, through its participation in SVCCEP, has prepared a Technical Feasibility
Study for a Community Choice Aggregation ("CCA")
Utilities Code Section 366.2. The Technical Feasibility Study showsethat implementing ntingof as
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 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 Saratoga 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 January 20, 2016, the Saratoga 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 Saratoga.
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.) The Director of
Community Development shall cause a Notice of Exemption to be filed as authorized by CEQA
and the State CEQA Guidelines.
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 Saratoga with a choice of power providers, the City of Saratoga 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 30 days after its adoption, and shall be
published and posted as required by law. This Ordinance was introduced by the City Council of the City
of Saratoga on January 20, 2016 and was adopted on February 3, 2016 by the following roll call vote:
AYES: Mayor E. Manny Cappello, Vice Mayor Emily Lo, Council Member Mary -Lynne
Bernald, Howard A. Miller, Rishi Kumar
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Bothelio, CITY CLERK
s Bothelio, CITY CLERK
APPRED AS TO FORM:
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE:
DATE: Z ) \6
Richard Taylor, CITY ATTORNEY