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2016-002 - Approve the Joint Powers Agreement Establishing the Silicon Valley Clean Energy AuthorityRESOLUTION 2016 -002 A RESOLUTION OF THE TOWN COUNCIL OF LOS GATOS APPROVING THE JOINT POWERS AGREEMENT ESTABLISHING THE SILICON VALLEY CLEAN ENERGY AUTHORITY WHEREAS, 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 the Town of Los Gatos 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; and WHEREAS, the Town of Los Gatos through its participation in SVCCEP has participated in the preparation of a Technical Feasibility Study for a Community Choice Aggregation ( "CCA ") program under the provisions of Public Utilities Code Section 366.2, with the Technical Feasibility Study concluding that implementing a Community Choice Aggregation program would likely achieve the goals and benefits described above; and WHEREAS, the Town of Los Gatos desires to enter into the Joint Powers Agreement establishing the Silicon Valley Clean Energy Authority in order to implement a Community Choice Aggregation program pursuant to Public Utilities Code Section 366.2(c)(12) within the jurisdiction of the Town along with the other municipalities that become a member of the Authority; NOW, THEREFORE, THE COUNCIL OF THE TOWN OF LOS GATOS HEREBY RESOLVES: Section 1. The Silicon Valley Clean Energy Authority Joint Powers Agreement, attached hereto, is herby approved and the Mayor is authorized to execute this Agreement upon the effective date of this resolution. Resolution 2016 -002 February 2, 2016 Section 2. This resolution and the establishment of the Silicon Valley Clean Energy Authority is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, as it is not a "project' since this action involves organizational and administrative activities of government that will not result in direct or indirect physical changes in the environment. (14 Cal. Code Regs. § 15378(b)(5)). Further, the resolution is exempt from CEQA as there is no possibility that the resolution or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3)). A Notice of Exemption shall be filed as authorized by CEQA and the State CEQA guidelines. Section 3. This resolution shall be effective upon the adoption of Ordinance 2016 -, AN ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 2nd day of February, 2016 by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Mayor Barbara Spector NAYS: Steve Leonardis ABSENT: ABSTAIN: / \\ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ATTEST: p5,va `ice CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: eg-11a ( t Lo 2 Resolution 2016 -002 February 2, 2016