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HomeMy WebLinkAboutStaff Report 7028 CITY OF PALO ALTO OFFICE OF THE CITY CLERK June 6, 2016 The Honorable City Council Palo Alto, California SECOND READING: Adopt an Ordinance Repealing Ordinance Number 4936, the Council's Prior Authorization for Natural Gas Purchases (FIRST READING: May 16, 2016 PASSED: 9-0) This was first heard by the City Council on May 16, 2016 and was passed unanimously, without changes. It is now before the Council for second reading. ATTACHMENTS:  Attachment A: Repealing Ordinance (PDF) Department Head: Beth Minor, City Clerk Page 2 NOT YET APPROVED 160414 jb 6053732 1 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Repealing Ordinance No. 4936, Which Authorized the City Manager to Purchase a Portion of the City’s Natural Gas Requirements from Certain Prequalified Natural Gas Suppliers Under Specified Terms and Conditions During Calendar Years 2007-2022, Inclusive The City Council finds and declares as follows: A. On March 12, 2007, the City Council adopted an ordinance authorizing the City Manager to purchase a portion of the City’s natural gas requirements from certain prequalified natural gas suppliers under specified terms and conditions during calendar years 2007-2022, inclusive, with a maximum expenditure limit of $65 million in for each Master Agreement. B. Since Council’s approval of Ordinance No. 4936, two counterparties, Shell Energy North America (U.S.) L.P., and Mercuria Energy Gas Trading L.L.C., have been active bidders for the City’s index-based gas purchases, and only $7.5 million of the approved $65 million expenditure limit remains for Mercuria Energy Gas Trading L.L.C. as of February 29, 2016. An increase in the maximum expenditure limit is needed to continue to purchase natural gas for the City’s retail load. C. The Council intends to adopt a resolution authorizing the City Manager to purchase natural gas from one or more pre-qualified suppliers for delivery during calendar years 2016 through 2022, inclusive, so long as the supplier with whom the City negotiates a specific purchase transaction continues to be qualified and otherwise eligible to transact with the City. Increasing the expenditure limit will provide for an estimated five years of gas purchases. D. Implementing this change via Council’s approval of a resolution rather than an ordinance, as was done in prior years, will streamline the City’s administrative processes. Therefore, staff recommends that Council repeal Ordinance 4936, and instead adopt a resolution to be recommended for Council approval on May 16, 2016, outlining the terms and conditions under which the City Manager can purchase a portion of the City’s natural gas requirements. NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Ordinance 4936, Authorizing the City Manager to Purchase a Portion of the City's Natural Gas Requirements from Certain Prequalified Natural Gas Suppliers under Specified Terms and Conditions During Calendar Years 2007 Through 2022, Inclusive is repealed in its entirety. ATTACHMENT A NOT YET APPROVED 160414 jb 6053732 2 SECTION 2. The Council hereby finds and determines that the repeal of this Ordinance does not constitute a project under Public Resources Code Section 21065, thus no California Environmental Quality Act assessment is required. SECTION 3. This ordinance shall be effective on the 31st day after its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Attorney City Manager ____________________________ Director of Administrative Services