HomeMy WebLinkAboutOrd. 1510-2016 ORDINANCE NO. 1510-2016
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE AUTHORIZING THE IMPLEMENTATION
OF A COMMUNITY CHOICE AGGREGATION PROGRAM IN
SOUTH SAN FRANCISCO BY AND THROUGH A JOINT
EXERCISE OF POWERS AGREEMENT WITH THE
PENINSULA CLEAN ENERGY AUTHORITY
WHEREAS, the County of San Mateo prepared a Feasibility Study for a community
choice aggregation ("CCA") program in San Mateo County with the cooperation of the cities
under the provisions of the Public Utilities Code section 366.2. The Feasibility Study shows that
implementing a community choice aggregation program would provide multiple benefits,
including:
• Providing customers a choice of power providers;
• Increasing local control and involvement in and collaboration on energy rates and other
energy-related matters;
• Providing more stable long-term electric rates that are competitive with those provided by
the incumbent utility;
• Reducing greenhouse gas emissions arising from electricity use within San Mateo County;
• Increasing local renewable generation capacity;
• Increasing energy conservation and efficiency projects and programs;
• Increasing regional energy self-sufficiency;
• Improving the local economy resulting from the implementation of local renewable and
energy conservation and efficiency projects; and
WHEREAS, the City Council of the City of South San Francisco ("City") has directed
staff to bring for its approval a Joint Exercise of Powers Agreement whereby the City will join
the Peninsula Clean Energy Authority ("Authority"). Under the Joint Powers Agreements, cities
and towns within San Mateo County may participate in the Peninsula Clean Energy CCA
program by adopting the resolution and ordinance required by Public Utilities Code section
366.2. Cities and towns choosing to participate in the CCA program will have membership on
the Board of Directors of the Authority as provided in the Joint Powers Agreement; and
WHEREAS, the Authority will enter into Agreements with electric power suppliers and
other service providers, and based upon those Agreements the Authority will be able to provide
power to residents and business at rates that are competitive with those of the incumbent utility.
Once the California Public Utilities Commission approves the implementation plan created by
the Authority, the Authority will provide service to customers within the unincorporated area of
San Mateo County and within the jurisdiction of those cities who have chosen to participate in
the CCA program; and
WHEREAS, 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; and
WHEREAS, on January 27, 2016, the City Council held a study session, and on
February 10, 2016, the City Council held a public meeting on the ordinance, at which both
meetings interested persons had an opportunity to testify either in support or opposition to
implementation of the Peninsula Clean Energy CCA program in the City.
WHEREAS, this ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a "project" as
it 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 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 assume the maintenance,
restoration, enhancement, or protection of the environment. (14 Cal. Code Regs. § 15308). The
City's Economic and Community Development Department shall cause a Notice of Exemption
to be filed as authorized by CEQA and the CEQA Guidelines.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION 1. FINDINGS. The City Council of the City of South San Francisco has
investigated options to provide electric services to customers within the City with the intent of
achieving greater local control and involvement over the provision of electric services,
competitive electric rates, the development of clean, local, renewable energy projects, reduced
greenhouse gas emissions, and the wider implementation of energy conservation and efficiency
projects and programs; and hereby finds and declares as follows:
SECTION 2. RECITALS.
The above recitations are true and correct and material to this Ordinance.
SECTION 3. AUTHORIZATION TO IMPLEMENT A COMMUNITY CHOICE
AGGREGATION PROGRAM.
Based upon the forgoing, and in order to provide business and residents within the City of
South San Francisco with a choice of power providers and with the benefits described above, the
City Council of the City of South San Francisco ordains that it shall implement a community
choice aggregation program within its jurisdiction by participating as a group with the County of
San Mateo and other cities and towns as described above in the Community Choice Aggregation
program of the Peninsula Clean Energy Authority, as generally described in the Joint Exercise of
Powers Agreement.
SECTION 4. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances, shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 5. PUBLICATION AND EFFECTIVE DATE.
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and
after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco
held the 10th day of February, 2016.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 24th day of February, 2016, by the following vote:
AYES: Councilmembers Karyl Matsumoto, Richard A. Garbarino, and Liza Normandy
Vice Mayor Pradeep Gupta and Mayor Mark N. Addiego
NOES: None
ABSTAIN: None
ABSENT: None
■
ATTE T: .in , 4,
Kri aM in`lli, Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
ordinance this 24th day of February, 2016.
Adee.C.
Mark Addiego, Mayo