HomeMy WebLinkAboutOrd 2019-3463ORDINANCE NO. 3463
ORDINANCE OF THE CITY OF CHULA VISTA
ESTABLISHING COMMUNITY CHOICE AGGREGATION IN
THE CITY OF CHULA VISTA
WHEREAS, Assembly Bill 117 (Stat. 2002, ch. 838; see California Public Utilities Code
section 366.2; the “Act”), added statutes to the Public Utilities Code authorizing local
governmental bodies to individually or jointly provide retail electric commodity service to an
aggregation of customers within their jurisdictions, a service referred to as Community Choice
Aggregation (CCA); and
WHEREAS, the City of Chula Vista (City) adopted a Climate Action Plan in 2017 which
contains a goal for 100% percent of electricity used in the City to be generated from renewable
fuel sources by 2035; and
WHEREAS, since October 2018, the City has been actively investigating the feasibility of
commencing CCA service for electric customers within the City, with the objective of making
greater renewable electric portfolio content available to customers, providing greater local
involvement over the provision of electric commodity services, and promoting competitive
commodity rates; and
WHEREAS, the City completed a CCA Feasibility Study which d etermined that a CCA
program could result in local benefits including the use of renewable energy at levels above the
State Renewables Portfolio Standard, the provision of competitive rates to consumers, and
economic opportunity for the City; and
WHEREAS, pursuant to Sections 331.1(b) and 366.2 of the Act, two or more entities
authorized to be a community choice aggregator may participate jointly in a CCA program through
a Joint Powers Authority established pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code, if each entity adopts the ordinance required by
Public Utilities Section 366.2; and
WHEREAS, the City wishes to implement a CCA program at this time through a Joint
Powers Authority together with other Founding Member local governments which will be called
the San Diego Regional Community Choice Energy Authority (SDRCCEA); and
WHEREAS, under Public Utilities Code Section 366.2, customers have the right to opt out
of the CCA program and continue to receive bundled electric commodity service from the
incumbent utility; and
WHEREAS, Public Utilities Code Section 366.2(c)(12) provides that an entity which elects
to implement a CCA program within its jurisdiction must do so by ordinance; and
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Ordinance No. 3463
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WHEREAS, this ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, as it is not a “project”
and has no potential to result in a direct or reasonably foreseeable indirect physical change t o 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 negative
effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3).)
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. That the recitals set forth above are true and correct and are incorporated as
though fully set forth herein.
Section II. Based upon the findings and declarations set forth in this ordinance, and to
provide businesses and residents within the jurisdictional boundaries of the City with a choice of
electric commodity providers and with the benefits described in the recitals above, the City Council
hereby elects pursuant to Public Utilities Code Section 366.2(c)(12) to implement a CCA program
within the jurisdiction of the City of Chula Vista by participating in the CCA program of the
SDRCCEA, under the terms and conditions provided in its Joint Powers Agreement, on file with
the Office of the City Clerk as Document No. ACN 19102.
Section III. Severability
If any portion of this ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases
of the ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this ordinance shall be construed in
light of that intent.
Section V. Effective Date
This ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this ordinance and shall cause
the same to be published or posted according to law.
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Ordinance No. 3463
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Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Director of Economic Development City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 24th day of September 2019, by the following vote:
AYES: Councilmembers: McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: Diaz and Galvez
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3463 had its first reading at a regular meeting held on the 10th day of September
2019 and its second reading and adoption at a regular meeting of said City Council held on the
24th day of September 2019; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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10/9/2019