HomeMy WebLinkAboutAgenda Report - August 4, 2010 D-14AGENDA ITEM
CITY OF LODI
,. COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute an Amendment to the
Northern California PowerAgency (NCPA) Green Power Project (NGPP) 3rd Phase
Agreement to Add City of Gridley (EUD)
MEETING DATE: August 4,2010
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an
Amendmentto the Northern California PowerAgency (NCPA)
Green Power Project (NGPP) 3rd Phase Agreement to add City of
Gridley.
BACKGROUND INFORMATION: The NCPA Green Power Project (NGPP) is governed by an
agreement among NCPA and participating NCPA Members. NGPP
attempts to locate power purchase agreements and other
arrangements to provide renewable energy supplies to NGPP participants. The City of Gridley wishes to
participate in the NGPP. Adding Gridley would require approval of each existing NGPP participant,
including Lodi. While the Lodi Electric Utility is a participant, we do not yet receive any renewable energy
from this program. We are, however, participating in studies that may lead to future renewable
resources.
FISCAL IMPACT: Indeterminate.Addition of Gridley at 0,389 percent of the NGPP would reduce Lodi's
share of costs and opportunities from the existing 7.813 percent down to 7.782
percent in certain NGPP activities.
FUNDING: Included in FY2010/11 BudgetAccount No. 160642
Jordan P�brs
Deputy City Manager/Internal Services Director
liz eth A. Kirkley
Electric Utility Director
Prepared by: Ken Weisel, Assistant Electric Utility Director, Resources and Rates
EAWKWAst
APPROVED:
Kona artlam, Interim City Manager
AMENDMENT TO THE 3RD PHASE AGREEMENT TO ALLOCATE SHARES FROM
EXISTING PARTICIPANTS TO ADDITIONAL MEMBER, CITY OF GRIDLEY
This Amendment to the 3rd Phase Agreement to Allocate Shares From Existing
Participants to Additional Member, City of Gridley ("Amendment") is entered into by and
between the Northern California Power Agency ("NCPA"), a California Joint Powers Agency,
the participants to the Amended NCPA Green Power Project Third Phase Agreement ("NGPP
Third Phase Agreement") (collectively referred to as the "Participants"), and the City of Gridley
("Gridley"), and together with NCPA and the Participants, the ("Parties").
WHEREAS, NCPA and the Participants entered into the NGPP Third Phase Agreement
for the purpose of procuring electrical power from NCPA's Green Power Project (hereinafter
"NGPP"); and
WHEREAS, Gridley is not a member of the NGPP or a signatory to the NGPP Third
Phase Agreement; and
WHEREAS, NCPA has been providing project management services related to the
acquisition of solar PV projects to be located within Gridley's distribution area or to serve
Gridley retail electric load pursuant to a Professional Services Agreement dated July 7,2009
("PSA"); and
WHEREAS, Gridley now wishes to become a member of the NGPP and a signatory to
the NGPP Third Phase Agreement; and
WHEREAS, in accordance with Section 7.2 of the NGPP Third Phase Agreement, no
NCPA member may become an additional party to the NGPP Third Phase Agreement unless one
or more of the Participants ("Allocating Participants") elect to allocate a portion of its Participant
Percentage to such Member; and
WHEREAS, the Participants now wish to allocate a portion of each of their participation
percentages to Gridley so that Gridley may become a member of the NGPP and a signatory to
the NGPP Third Phase Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. Each of the Participants shall allocate a certain percentage of their share to Gridley, thereby
amending their participation shares, The participation percentages and the allocation to
Gridley are shown in Exhibit A attached hereto and made a part of this Amendment.
2. Pursuant to Section 7.2 of the NGPP Third Phase Agreement, upon execution of this
Amendment, Gridley shall deliver to NCPA, and each other Participant, a counterpart of the
NGPP Third Phase Agreement executed by Gridley, and evidence that such agreement has
been approved in accordance with its applicable Constitutive Documents and payment of
Gridley's share of the Security Account, established pursuant to Section 5.5 of the NGPP
Third Phase Agreement.
3. Upon execution, this Amendment shall supersede the PSA between Gridley and NCPA..
4. This Amendment in no way alters the terms and conditions of the Third Phase Agreement
except as specifically set forth herein.
The Parties have executed this Amendment as of ,2010.
NORTHERN CALIFORNIA POWER AGENCY
James H. Pope, General Manager
Date:
Attest:
Assistant Secretary of the Commission
Approved as to Form:
Michael F. Dean
General Counsel
1396124.4
BAY AREA RAPID TRANSIT
By:
Date:
CITY OF HEALDSBURG
Approved as to Legal Form
Approved as to Legal Form
By: By:
CITY OF LODI
By:
Date:
CITY OF LOMPOC
Approved as to Legal Form
By:
Approved as to Legal Form
By: By:
Date:
CITY OF PALO ALTO Approved as to Legal Form
By: By:
Date:
PLUMAS-SIERRA RURAL ELECTRIC Approved as to Legal Form
COOPERATIVE
By: By:
Date:
CITY OF SANTA CLARA Approved as to Legal Form
By: By:
Date:
CITY OF UKIAH Approved as to Legal Form
By: By:
Date:
CITY OF GRIDLEY Approved as to Legal Form
Date:
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AMENDMENT TO THE NGPP THIRD PHASE AGREEMENT TO ALLOCATE SHARES
TO ADDITIONAL MEMBER CITY OF ORIOLEY
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Resolution 10-49, Exhibit A
RESOLUTION NO. 2010-133
A RESOLUTION OF THE CITY OF LODI APPROVING AN AMENDMENT TO
THE NORTHERN CALIFORNIA POWERAGENCY GREEN POWER PROJECT
3RD PHASE AGREEMENT TO ADD CITY OF GRIDLEY AND AUTHORIZING
EXECUTION THEREOF BYTHE CITY MANAGER
WHEREAS, certain members of the Northern California Power Agency (NCPA) wish to increase
their supply of renewable energy resources and thus, with NCPA, entered into the NCPA Green Power
Project (NGPP) Third Phase Agreement, last amended on or about November 29,2007; and
WHEREAS, the City of Gridley (Gridley) is not a member of the NGPP or a signatory to NGPP
Third Phase Agreement; and
WHEREAS, Gridley now wishes to become a member of the NGPP and a signatory to the NGPP
Third Phase Agreement; and
WHEREAS, an Amendment to the NGPP 3rd Phase Agreement would add City of Gridley to the
NGPP, thereby diluting the City of Lodi participation share to 7.7821% from the current 7.8125%, which
participation share is used to allocate certain administrative costs and entitlementsto and costs for newly
proposed NGPP resources.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve an
Amendment to the NGPP 3rd Phase Agreement to allocate shares from existing NGPP participants to
additional member, City of Gridley; and
BE IT FURTHER RESOLVED that the City Council authorizes the execution thereof by the City
Manager or his designee in substantially the form presented with such revisions that are mutually
agreeable to the partiesthat the City Manageror designeefinds beneficial; and
BE IT FURTHER RESOLVED that the City Council authorizes the administration thereof by the
Electric Utility Director or her designee.
Dated: August 4, 2010
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! hereby certify that Resolution No. 2010-133 was passed and adopted by the City Council of the
City of Lodi in a regular meeting held August 4, 2010, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
4NDI J HL
City erk
2010-133