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Resolution 2016-19RESOLUTION NO. 2016-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY 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 City of Gilroy 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 City of Gilroy 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 City of Gilroy 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 City along with the other municipalities that become a member of the Authority; NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY 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. 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 No. 2016- 06, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM. RESOLUTION NO. 2016-19 2 PASSED AND ADOPTED this 7th day of March, 2016, by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ATTEST, Freels, City Clerk HARNEY, LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD AULMAN, BRACCO a[S Mayor RESOLUTION NO. 2016-19 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -19 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7h day of March, 2016 at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of q roy this 9t' day 9f�4arch, 2016. Shawna Freels, MMC� City Clerk of the City of Gilroy (Seal)