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HomeMy WebLinkAboutStaff Report 4.A 01/05/2015Agenda Item #. FALZr.Lr X85$ 1 DATE: January 5, 2015 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Scott Duiven, Senior Planney�� SUBJECT: Adoption of an Ordinance (Second Reading) Authorizing the Implementation of a Community Choice Aggregation Program RECOMMENDATION It is recommended that the City Council adopt the attached ordinance authorizing the implementation of a Community Choice Aggregation program. BACKGROUND On December 15, 2014, the City Council unanimously approved both a resolution requesting that the Sonoma Clean Power Authority (SCPA) act as Community Choice Aggregator on behalf of the City and the first reading of an ordinance authorizing the implementation of a Community Choice Aggregation program. There were no changes to the ordinance. With the second reading of the ordinance, and the appointment of the City's representative and alternate to the SCPA Board, the City's representative can be seated at the next SCPA Board meeting on January 8, 2015. Roll-out of Sonoma Clean Power to Petaluma's residents and businesses will take place in July 2015. FINANCIAL IMPACTS Based on the updated PG&E rate schedule, and assuming the City opts to participate in the C1eanStart program, the City could anticipate an annual savings of over 6% on its electrical costs or approximately $190,000 in amoral savings. Should the City opt out of Sonoma Clean Power after the initial enrollment period the City could be subject to opt out fees for all accounts. This cost is estimated to be as much as $8,750 but would be more than offset by the projected savings. There are also potential costs associated with supporting the City's representative to the Sonoma Clean Power Authority, but there is no estimate of such costs available at this time. ATTACHMENTS I. Ordinance Authorizing I in p lementation of a Community Choice Aggregation Program ATTACHMENT 1 EFFECTIVE DATE ORDINANCE NO. 2525 N.C.S. OF ORDINANCE Introduced by Seconded by AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM WHEREAS, The City of Petaluma 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. WHEREAS, The Sonoma County Water Agency prepared a Feasibility Study and a draft Implementation Plan for a community choice aggregation ("CCA") program in Sonoma County under the provisions of Public Utilities Code §366.2. The Feasibility Study and Implementation Plan show 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 Sonoma County; • Increasing local renewable generation capacity; • Increasing energy conservation and efficiency projects and programs; • Increasing regional energy self-sufficiency; and • Improving the local economy resulting from the implementation of local renewable energy and energy conservation and efficiency projects. WHEREAS, On December 4, 2012, the County of Sonoma and the Sonoma County Water Agency approved a Joint Powers Agreement creating the Sonoma Clean Power Authority ("the Authority"). Under the Joint Powers Agreement, cities and towns within Sonoma County may participate in the Sonoma Clean Power CCA program by adopting the resolution and 2 ordinance required by Public Utilities Code §366.2. Cities and towns choosing to participate in the CCA program will have membership on the Board of Directors of the Sonoma Clean Power Authority as provided in the joint powers agreement. The Town of Windsor and the cities of Cotati, Sonoma, Sebastopol, Cloverdale, Rohnert Park, and Santa Rosa have also adopted the ordinance and resolution required by Public Utilities Code §366.2, and are now participants in the Sonoma Clean Power CCA program. WHEREAS, The Authority has entered into agreements with electric power suppliers and other service providers, and based upon those agreements the Authority is able to provide power to residents and businesses at rates that are competitive with those of the incumbent utility (PG&E). The California Public Utilities Commission approved the Implementation Plan for the CCA program, and on May 1, 2014, the Authority began providing service to customers within the unincorporated area of Sonoma County and within the jurisdiction of those cities who have chosen to participate in the CCA program. WHEREAS, Under Public Utilities Code §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. WHEREAS, on December 15, 2014, the City Council held a duly noticed public hearing to consider joining the Sonoma Clean Power CCA program. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: SECTION 1. Findings. The City Council of the City of Petaluma hereby finds: 1. The above recitals are true and correct and are adopted as findings of the City Council. 2. The City Council finds and determines that it can be seen with certainty that there is no possibility that the implementation of the Sonoma Clean Power CCA program within the jurisdiction of the City of Petaluma will cause any significant adverse effects on the environment, and thus that such implementation is exempt from the Californian Environmental Quality Act. The City Manager is authorized and directed to file a Notice of Exemption pursuant to the CEQA guidelines. 3. Based upon the forgoing, and in order to provide businesses and residents within the City of Petaluma with a choice of power providers and with the benefits described above, the Council hereby affirmatively elects to implement a community choice aggregation program within the jurisdiction of the City of Petaluma by participating as a group with the County of Sonoma, the Sonoma County Water Agency, and other cities in Sonoma County in the Community Choice Aggregation program of the Sonoma Clean Power Authority, as generally described in the Implementation Plan. SECTION II. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council hereby declares that it would have passed this ordinance and every 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 or invalid. SECTION III. Effective Date. This ordinance shall be and the some is hereby declared to be in full force and effect from and after thirty (30) days after the date of its adoption by the Petaluma City Council. SECTION IV. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. INTRODUCED and ordered posted/published this 151h day of December, 2014. ADOPTED this day of Absent: ATTEST: Claire Cooper, CMC, City Clerk 2015 by the following vote: Ayes: Noes: Abstain: David Glass, Mayor APPROVED AS TO FORM: Eric W. Danly, City Attorney 4