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HomeMy WebLinkAboutAgenda Report - October 19, 2005 E-08AGENDA ITEM EWS CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt resolution authorizing the City Manager to approve Supplement No. 4 to the Northern California Power Agency Joint Powers Agreement approving the Bay Area Rapid Transit District as a full member to NCPA (EUD) MEETING DATE: October 19, 2005 PREPARED BY: Interim Electric Utility Director RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the City Manager to approve supplement number 4 to the Northern California Power Agency Joint Powers Agreement approving the Bay Area Rapid Transit District as a full member to NCPA. BACKGROUND INFORMATION: Northern California Power Agency {NCPA} was formed in 1968 for the purpose of utilizing the joint action of participating public power entities to pursue common interests for the benefit of all such members. The San Francisco Bay Area Rapid Transit District (BART) has been an Associate NCPA Member since July 31, 1997. NCPA has been performing scheduling and related energy services for BART to assist BART with the matching of loads and resources pursuant to BART's supply contract with the Bonneville Power Administration (BPA) and transmission arrangements with PG&E. California Senate Bill No. 1201, approved by the Governor on September 21, 2004, provides BART, in part, the ability to receive electric power from municipal entities. BART's BPA supply contract terminates on June 30, 2006 and BART is seeking alternative to such supply including renewable and conventional generating resources and other supply arrangements with municipal entities, and BART may utilize NCPA services to assist in attaining such objective. BART also desires to explore the utilization of, and participation in, the NCPA Power Pool, The NCPA Commission acting by and through its full participation in the NCPA JPA, approved the inclusion of BART as a full member and directed NCPA's General Manager to expeditiously implement BART's full NCPA membership request by submitting JPA Supplement No.4 to the Members for your approval. FISCAL IMPACT: There is no fiscal impact to Lodi Electric Uti#ty associated with BART's membership in NCPA during the current fiscal year. In future years, should BART decide to join the NCPA pool, Lodi Electric's pooling related costs at NCPA would go down as the common costs of pooling would be spread amongst a larger base of participants. FUNDING: No funding changes are required. DDAst Attachments cc: City Attorney APPROVED: Interim Electric Utility Director Manager SUPPLEMENT NO.4 TO NORTHERN CALIFORNIA POWER AGENCY JOINT POWERS AGREEMENT This Agreement dated , by and among the parties signatory to it ("Parties"), WITNESSETH: WHEREAS, all of the Parties, except the San Francisco Bay Area Rapid Transit District ("BART") are also parties to that Agreement first made the 19th day of July, 1968, and revised as of the first day of April 1973, as amended ("the Joint Powers Agreement"); and WHEREAS, the Joint Powers Agreement created the Northern California Power Agency ("NCPA") pursuant to Section 6500 et seq. of the Government Code of the State of California, of which all Parties except BART are members or associate members; and WHEREAS, BART and each of the other Parties desire that BART shall become a party to the Joint Powers Agreement and a member of NCPA on the same basis as each of the other members; and 752743-1 WHEREAS, BART is a rapid transit district formed pursuant to the provisions of the San Francisco Bay Area Rapid Transit Act, California Public Utilities Code section 28500 et seq. and a public agency of the State of California, is entitled to be a preference purchaser of electric service from the Central Valley Project of the United States, and has powers equivalent to those of the other members of NCPA so far as is relevant to the powers of NCPA. NOW THEREFORE, the Parties, including BART, agree as follows: Section 1. On and after the effective date of this Agreement, BART shall be a member of NCPA and a party to the Joint Powers Agreement, and shall have the same rights, powers, and privileges and immunities, duties, and obligations as any other member of NCPA. Section 2. BART shall not be liable for any share of the organization, planning, or other costs of NCPA incurred prior to the effective date of this Agreement, and shall not by force of this Agreement become a party to any other agreement or instrumentality of NCPA entered into or created prior to the effective date of this Agreement, except with its consent and the consent of all other NCPA members and associate members who are parties to such agreement or instrumentality evidenced separately from this Agreement. Section 3. This Agreement shall take effect on the first day of the calendar month following the complete execution of this Agreement by BART and all members and associate members of NCPA. 752743-1 Section 4. This Agreement may be executed in counterparts by the Parties to it. CITY OF ALAMEDA CITY OF BIGGS By By Date Date CITY OF HEALDSBURG CITY OF ROSEVILLE By By Date Date CITY OF LODI CITY OF SANTA CLARA By By Date Date CITY OF LOMPOC TURLOCK IRRIGATION DISTRICT By By Date Date CITY OF PALO ALTO CITY OF UKIAH By By Date Date CITY OF REDDING PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE By By Date Date 752743-1 CITY OF GRIDLEY TRUCKEE DONNER PUBLIC UTILITY DISTRICT 0 Date Date PORT OF OAKLAND SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 0 Date Date 752743-1 RESOLUTION No. 05-08 RESOLUTION OF THE NORTHERN CALIFORNIA POWER AGENCY APPROVING THE FULL MEMBERSHIP PARTICPATION LEVEL OF THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT WHEREAS, the Northern California Power Agency was formed in 1968 for the purpose of utilizing the joint action of participating public power entities to pursue common interests for the benefit of all such members; WHEREAS, the San Francisco Bay Area Rapid Transit District (BART) has been an Associate NCPA Member since July 31, 1997 WHEREAS, NCPA has been performing scheduling and related energy services for BART to assist BART with the matching of loads and resources pursuant to BART's a supply contract with the Bonneville Power Administration (BPA) and transmission arrangements with PG&E; WHEREAS, California Senate Bill No. 1201, approved by the Governor on September 21,2004, provides BART, in part, the ability to receive electric power from municipal entities; WHEREAS, BART's BPA supply contract terminates on June 30,2006 and BART is seeking alternatives to such supply including renewable and conventional generating resources and other supply arrangements with municipal entities, and BART may utilize NCPA services to assist in attaining such objectives; WHEREAS, BART, in assessing and implementing post BPA contract opportunities, desires to explore the utilization of, and participation in, the NCPA Power Pool; and WHEREAS, by letter dated March 16,2005, BART General Manager Thomas E. Margo requested that BART become a full member of the NCPA Joint Powers Agreement (JPA); NOW, THEREFORE BE IT RESOLVED that the NCPA Commission acting by and through its full participants in the NCPA JPA, approves the inclusion of BART as a full member and directs the NCPA General Manager, or his designee, to expeditiously implement BART's full NCPA membership request by submitting JPA Supplement No. 4 to the Members for their approval. PASSED AND ADOPTED this 26th day of May 2005, by the following vote on roll call: Vote Abstained Absent Alameda y_ Biggs Gridley Healdsburg Lodi Lompoc Palo Alto Plums -Sierra >` Port of Oakland Redding Roseville Santa Clara Trickee Donner X Turlock y Ukiah. �— P1, BERN BEECHAM ATTEST: DENISE DOW CHAIRMAN ASSISTANT SECRETARY RESOLUTION NO. 2005-224 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING SUPPLEMENT NO.4 TO THE NORTHERN CALIFORNIA POWER AGENCY (NCP) JOINT POWERS AGREEMENT APPROVING THE BAY AREA RAPID TRANSIT DISTRICT AS A FULL MEMBER TO NCPA NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves Supplement No. 4 to the Northern California Power Agency (NCPA) Joint Powers Agreement approving the Bay Area Rapid Transit District as a full member to NCPA; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute Supplement No. 4 on behalf of the City of Lodi. Dated: October 19, 2005 I hereby certify that Resolution No. 2005-224 was passed and adopted by the Lodi City Council in a regular meeting held October 19, 2005, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS — Hitchcock ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2005-224