HomeMy WebLinkAboutOrd 1924ORDINANCE NO. 1924
CITY COUNCIL, CITY OF BURLINGAME
STATE OF CALIFORNIA
ORDINANCE AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE
AGGREGATION PROGRAM
The City Council of the City of Burlingame, State of California, ORDAINS as
follows:
SECTION 1. FINDINGS. The City Council of the City of Burlingame has
investigated options to provide electric services to customers within the County,
including incorporated and unincorporated areas, 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:
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 County of San Mateo Board of Supervisors has directed staff to
bring for its approval a Joint Powers Agreement creating 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 Agreements; 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 ("PG&E"). 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 4, 2016, the City Council held a study session at which
time 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 Director of
Community Development shall cause a Notice of Exemption to be filed as authorized by
CEQA and the CEQA guidelines.
NOW, THEREFORE, LET IT BE RESOLVED the City Council does ordain as
follows:
SECTION 1. The above recitations are true and correct and material to this
Ordinance.
SECTION 2. Authorization to Implement a Community Choice Aggregation
Program.
Based upon the forgoing, and in order to provide business and residents within
the City of Burlingame with a choice of power providers and with the benefits described
above, the City of Burlingame City Council 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 Powers Agreement.
SECTION 3. This Ordinance shall be in full force and effective 30 days after its
adoption, and shall be published and posted as required by law.
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Ordinance was introduced at a public hearing that occurred at a regular meeting of the
City Council held on the 1" day of February, 2016, and adopted thereafter at a regular meeting of
the City Council held on the 16`h day of February, by the following vote:
AYES: Councilmembers: 'u c y 3RoWnR�c„c� C pU50n, KEIGNRqr), ORTIZ
NOES: Councilmembers: nom
ABSENT: Councilmembers: YIorEE
Hassel -Shearer, City Clerk
APPR VED S FORM:
ity A orney