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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