CC Ordinance 2198ORDINANCE NO. 2198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING
THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds as follows:
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 their
respective jurisdictions 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 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 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 Campbell
and those cities that choose to participate in the Silicon Valley Clean Energy Authority.
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.
6. On February 2, 2016, the Campbell City Council held a public hearing at which time
interested persons had an opportunity to testify either in support of or. in opposition to
implementation of the Silicon Valley Clean Energy CCA program in the City of Campbell.
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, this ordinance is exempt from CEQA as there is
no possibility that this ordinance or its implementation would have a significant negative
effect on the environment (14 Cal. Code Regs§ 15061(b)(3)). This 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 Community Development Director 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
Campbell with a choice of power providers, the City of Campbell 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. The provisions of this ordinance shall be effective thirty (30) days from and after
the date of its adoption.
Section 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the other
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinande and each section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases be declared unconstitutional.
Section 6 Effective Date. This Ordinance shall become effective (30) days following its
passage and adoption and shall be published once within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell,
County of Santa Clara.
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PASSED AND ADOPTED this 16`" day of February, by the following roll call vote:
AYES: Councilmembers: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Ja o T. Baker, Mayor
ATTEST:
Wendy od, City Clerk