HomeMy WebLinkAboutRESO 9038Resolution No. 9038
Resolution of the Council of the City of Palo Alto Opposing
the "New Two-Thirds Vote Requirement for Public Electricity
Providers" Initiative
WHEREAS, the "New Two-Thirds Vote Requirement for Public Electricity
Providers" Initiative (Initiative) has qualified for the June 8, 2010 Statewide Primary Election;
and
WHEREAS, the Initiative is a Constitutional Amendment; and
WHEREAS, the Initiative would require a public power provider to obtain a 2/3
voter majority in both existing territory and proposed territory expansions prior to spending
funds for a utility system expansion; and
WHEREAS, the Initiative would prevent elected representatives or a simple majority
of citizens from determining whether they want to have public power in any newly annexed
areas; and
WHEREAS, the Initiative would prevent a simple majority of citizens from
determining whether they want Community Choice Aggregation, a program authorized by the
state legislature in 2007 that allows a city, county or group of government agencies to procure
and provide electricity to residents and businesses within its jurisdictions; and
WHEREAS, although the City of Palo Alto is already a public power community,
Palo Alto wishes to support citizens' ability to opt for locally controlled public power in
communities throughout the state; and
WHEREAS, the proposed Initiative contains a number of ambiguities that could
affect the City's electric utility operations within the City's existing jurisdiction, including
potentially requiring a 2/3 voter majority before the City can make investments in transmission
or generation facilities to serve its electric load; and
WHEREAS, the Legislative Analysts Office concluded that the Initiative would
create an unknown impact to state and local government costs and revenues, depending on future
voter decisions, due to the potential impacts on electricity rates and publicly owned electric
utility operations.
NOW, THEREFORE, the Council of the City of Palo Alto does resolve as follows:
SECTION 1. The Council by adopting this resolution does hereby oppose the
Initiative on the June 2010 ballot.
1
100209 syn 6051064
SECTION 2. The City Council and staff are authorized to provide impartial
informational materials on the Initiative as may be lawfully provided by the City's
representatives. No public funds shall be used to campaign for or against the initiative.
SECTION 3. The residents of the City of Palo Alto are encouraged to become well
informed on the Initiative and its possible impacts.
SECTION 4. The Council finds that adoption of this resolution does not meet the
California Environmental Quality Act's definition of a project pursuant to Public Resources
Code Section 21065, and therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED: February 01,2010
AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID,
SHEPHERD,YEH
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
-~~
~tyClerk
D APPROVED AS TO FORM:
~~~ Deputy Cit Attorney
100209 syn 6051064
2
APPROVED:
~~
Mayor ~
Director of
D_lities