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HomeMy WebLinkAboutAgenda Report - October 18, 1989 (72)UNC I L TO: THE CITY COUNCIL FROM: THE CITY MANAGEFS OFFICE r"'` C 0 M M U N I C .. T I O N COUNCIL 1VlEJLTNG DATE OCTOBER 18, 1989 SUBJECT: SUPPLEMM NO, 2 TO THE NORTHERN CALIFORNIA JCINT POw'RS AGREEMENT - NEN1BERSHP OF TRUCKEE-DONNER PUBLIC UTff= DISTRICT PREPARED BY: City Manager RECOMMENDED ACTION: That the City Council adopt Resolution No. 89-150 authorizing the Mayor to execute, on behalf of the City of Lodi, Supplement No. 2 to the Northern California Power Agency (NCPA) Joint Powers Agreement providing for membership in that agency of the Truckee -Donner Public Utility District. BACKGROUND INFORMATION The Truckee -Donner Public Utility District has requested membership in NCPA. At its regul a► meeting of September 27, 1989, the NCPA Commission unanimously adopted Resolution No. 89-55 providing for this membership (Exhibi' A). A copy of the Supplement No. 2 agreement is also attached (Exhibit B). The appropriate City of Lodi approving resolution is also attached (Exhibit C). Truckee/Donner will be the third utility district in NCYA. The other two are Plumas-Sierra Public Utility District, and Turlock Irrigation Distr Oct. Respectfully submitted, OWN Thomas A. Peterson City Manager TAP:br Attachments COUNC659 RESOLUTION NO. s9 -35 NORTHERN CALIFORNIA POWER AGENCY RESOLUTION OF THE COMMISSION OF THE NORTHERN CALIFOPNI.A POWER AGENCY AUTHORIZING EXECUTION OF A NEW IUIVIBER SERVICES AGREEMENT WITH TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND RECOMMENDING EXECUTION OF SUPPLEXfNT NO. 2 TO THE JOINT POWERS AGREEMENT TO THE MEMBERS WHEREAS, Truckee Donner Public Utility District (Truckee) has executed and delivered a New Member Services Agreement and applied for membership in the Northern California Power Agency (NCPA) with the payment in full of the application fee in the amount of $17,163; and WHEREAS, The Commission has found and determined that Truckee is suitable for membership in NCPA; now THEREFORE, BE IT RESOLVED BY THE COMMISSION OF NCPA, as follows: Section 1. The application of Truckee is hereby accepted, and the General Manager is hereby authorized and directed to execute on behalf of NCPA the New Member Services Agreement with Truckee. Section 2. The form of Supplement No. 2 to the NCPA Joint Powers Agreement is hereby approved and recommended to the members of NCPA for execution. Section 3. The General Manager and General Counsel are hereby instructed to expeditiously circulate Supplement No. 2 to the members for their consideration. SUPPLEMENT NO. 2 TO NORTHERN CALIFORNIA POWER AGENCY JOINT POWERS AGREEMENT This Agreement, dated as of September 27,1989, by and among the parties signatory hereto, hereinafter called "Parties;' witnesseth that WHEREAS, aU of the Parties here .o, except Truckee Donner Public Utility District, herein called 'Truckee Donner," are also parties to that Agmement first made the 19th day of July,1968, and revised as of the first dziy cf April, 1973, as amended, which agreement is herein called the "Joint Powers Agreemc:tt; ' and WHEREAS, the Joint Powers Agreement created the Nu.-thern California Power Agency, herein called 'NCPA," pursuant to%section 6506 et seq. of the Government Code of the State of California, of vihich all Parties hereto except Turlock are members or associate members; a `d VdIEREAS, Truckee Donner and the ot�,er Parties hereto desire that Trucicee Dormer shall become a party to the Join Powers Agreement and a member of NCPA on the same basis as each of the other members; and WHEREAS, Truckee Donner is a publz= agency of the State of California, and is entitled to be a preference purchaser cf electric service from the Central Valley Project of the United States, and'has powers equivaltn+ to (hose of the other members of NCPA so far as is relevant to the powers of NCPA; now therefore, the Parties, including Truckee Dormer, agree as follows: Section 1. On and after the effective date cf this Agreement, Truckee Donner 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 as cf that effective date. Section 2. Truckee Donner shah not be liable for any snare of the organization, planning, or other costs of NCPA incurred prior to the effective date of this Agreement, and shall not by force of t`iis Agreement become a party to any other agreement or instrumentality of NCPA entered into or created prior to the effective date of this Agreement, cr 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 Truckee Donner and all members and assoaate members of NCPA. CITY OF ALAMEDA CITY CF BIGGS By Date CI'T'Y CF HEALDSBURG By. Date CITY OF LODI By Date CITY OF LOMPOC By By Date CITY OF ROSEVILLE BY Date C= OF SANTA CLARA By Date TURLOCK IRRIGATION DISTRICT M a CM 0 F PALO ALTO By Date CITY CF REDDING By Date DEC/NCPA SUPP2 JT PWRS -3- uum FIB AT RESOLUTIGN NO. 89-150 A RESOLUTION OF THE LOOI CITY COIJNCIL AUIHOREM THE MAYOR TO EXECUTE ON BEHALF OF THE CTIY, SUPPLEMENT NO. 2 TO THE NORTHERN CA1I-0RNIA POWER AGENCY (NCPA) JOINT POWERS AGREEMENT, MVHXC FOR PIEMBERSHIP N NCPA OF THE E (RUCKEE-DONNER PUBLIC UTILITY DISTRICT BE IT RESOLVED, that the Lodi City Council hereby authorizes the Mayor tc execute, on behalf of the City of Lodi, Supplement No. 2 to the Northern California Power Agency (NCPA) Joint Powers Agreement, providing for membership in NCPA of the Truckee -Donner Public Utility C(strict.- Dated: October 18, 1989 I hereby certify that Resolution No. 89-150 was passed and adopted by the City Council of the City of Lodi i n a regular meeting f held October 18, 1989 by the following vote: z x Ayes : Council Members - k Noes : Council Members - Absent: Council Members - t f Alice M. Reimche City Clerk 89-150 RES89150/TXTA.0IV NCRA A Public Agency Nor here California Power Agencl 180 Cirby Way, Roseville California 95678 MICHAELW. WDONALD General Manager (916) 781-4202 October 3, 1989 T0= The NCPA Commission FROM: Gail Sipple r( C F/I CITY�;i}; SUBJECT: Supplement No. 2 to the .Toint Powers Agreement - In follow-up to the September 27, 1989 Commission meeting, enclosed is a copy of Resolution No. 89-35 which accepted the application` for membership of the Truckee -Donner Public Utility District. Also enclosed is a copy pp of Supplement No. 2 to the Joint Powers Agreement for submittal -to your governing board for approval. The Supplement No. 2 can only be adopted upon unanimous approval by all. F the NCPA members. € B Upon approval of this document, please forward tome, prior to i DPSPmh_F'Y .. 9g9, an executed copy of the Su"lement No. 2 and your a>•�i `�c ,' } ^~ If Vou have ark estions lease contact .S4S4T r Roger tCesti94(91P6) 781-3636, or Denni eC`uir (91 ) 444-3900. C By co yy of this letter, I am also forwarding this document to your CityIerk for processing. Yours truly, GL IPPLE E tive Assistant Enc. MCDONouGH, HOLL.,NA & AL1 A PROFESSIONAL CORPORATION ATTORNEYS 555 CAPITOL MALL. SUITE 950 OCT T 12189 SACRAMENTO. CALIFORNIA 95814 (916) 44A-3900 City Manager'so five DY,NNILSW. DECUIR TELECOPIEN: 10161 -u-6334 I October 10, 1989 THE NORTHERN CALIFORNIA POWER i AGENCY COMMISSION Subject: Admission of Truckee Donner Public Utility District to Membership in NCPA; Supplement No. 2 to Northern California Power Agency Joint Powers Agreement Ladies and Gentlemen: The eagle eyes of Alameda's Maerose Humphreys caught the word "Turlock" in the second "whereas" clause cC my Supplement No. 2. For those members who may have executed the supplement, the term "Turlock" will be read as "Truckee Donner," and for those who have yet to present this document to your governing bodies, a fresh document is enclosed. Very truly yours, Dennis W. De Cu.ir `SOP -M Enclosure cc: Gail M. Sipple 1.Eweo4- �O�"'•c.. 11�.'u� =c" C"',c C. o«.cE 01,E—nO,�E -0O sc.0-0 qC wPO w` bCwC.• C-10.•1w—..C.•- C -1O -w.-95962 1E,CC-1-.Eo t714I65.•C367 11 -cc- tl <91L.`g�•-09i.G COUNCIL ,+ JOHN R. (Randy) SNIDER. Mayor DAVID M. HINCHMAN Mayor Pm Tempore EVELYN M. OLSON JAMESW. P)NKERTON, Jr. FRED M REID s CI'T'Y OF LO -"w --"I CITY HALL, 22? WEST PINE STREET CALL BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 TELECOPiEk:(209) 333-6795 October 19, 1989 Ms.Gail Sipple Executive Assistant lb'(ItCirg C��lifornia Power Agency Y�`�� Roseville, CA 95678 THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Clerk BOB McNATT City Attorney Dear NVk Sipple: 3 Enclosed please find executed copy of Supplement No. 2 to Northern California Power Agency Joint Fower Agreement which was approved by the. Lodi City Council at its regular meeting of October 18, 1989 and the 1 authorizing Resolution No. 89-150. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, 4 Alice M. Reimc e City Clerk Encl s . F x RESOLUTION NO, 89-150 A RE90LLTHON OF '_HE `ODI CITY COUNCIL ALTIHOR21% THE MAYOR TG EXECUTE ON BEHALF OF THE CITY, SUPPLEME14T NO. 2 TO THE NORTHERN CALIFORNIA POWER AGENCY (NCPA) JOINT FOAffS AGREEMENT, PROVIDM FOR MEMBERSHIP IN NCPA OF THE TRUCKEE-DONNER PUBLIC UTR= DISTRICT ------------------------------------aas�az f: BE IT RESCLV D, that the Lodi City Council hereby authorizes the a Mayor to execute, on behalf of the City of Lodi, Supplement No. 2 to the Northern California Power Agency (NCPA) Joint Powers Agreement, providing for membership in NCPA of the Truckee -Donner Public Utility District. _ Dated: October 18, 1589 I hereby certify that Resolution Nu. 89-150 was passed and i adopted by the City Council of the City of Lodi in a regular meeting held October 18, 1989 by the following vote: >' e Ayes : Council Mcmbers - Hinchnan, Olson, Pinkerton, and Reid Noes. Council Members - None Absent: Council Members - Snider 1. 89-150 RES89150/TXTA.02J DENNIS W. DE CUIR McDoNouGH, HOLLA D& Ar z.l'-" A PROFESSIONAL CORPORATION ATTORNEYS 555 CAPITOL MALL. SUITE 950 SACRAMENTO. CALIFORNIA 9581A (916) 444-3900 TCLCCOPICR (9.65 - -633A THE NORTHERN CALIFORNIA POWER AGENCY COMMISSION October 10,1989 Subject: Admission c If Truckee Donner Public Utility District to Membership in NCPA; Supplement No. 2 to Northern California Power Agency Joint rowers Agreement Ladies and Gentlemen: The eagle eyes of Alameda's Maerose Humphreys caught the word "Turlock" in the second "whereas" clause of my Sud--)lement No. 2. For those members who may have executed the suppiement, the term "Turlock" will be read as "Truckee Donner," and for those who have yet to present this document to your governing bodies, a fresh document is enclosed. Very truly yours, Dennis W. De Cuir DeC:del Enclosure cc: (W1 M. Sipple NC -0— DE. C- 0—CC <O-M�e.e.a+.'ur+ NCweOw> 6C�C.+ C�L.�ORN.w 9264C B5.-..6(1 TC�CCO�.EA 1>-.65.-036> "B CST. Oar SCC .SBD Bu+TC .•Oust .0.0 •uB�C.+r C --O—.9599: .S.E. 6> P>6. T C i f• COa�C r+ r9.bl 6>.•099•^. 4. SUPPLEMENT NO. 2 TO NORTHERN CALIFORNIA POWER AGENCY JOINT POWERS AGREEMENI This Agreement, dated as of September 27,1989, by and among the parties signatory hereto, hereinafter called "Parties," witnesseth that WHEREAS, all of the Parties hereto, except Truckee Donner Public Utility District, herein called "Truckee Donner," are also parties to that Agreement first made the 19th day ofJuly, 1968, and revised as of the first day of April, 1973, as amended, which agreement is herein called the "Joint Powers Agreement;" and WHEREAS, the Joint Powers Agreement created the Northern California Power Agency, herein called "NCPA," pursuant to section. 6500 et seq. cf the Government Code of the State cf California, of which all Parties hereto except Truckee Donner are members or associate members; and WHEREAS, Truckee Donner and the other Parties hereto desire that Truckee Donner 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 WHEREAS, Truckee Donner is a public agency cf the State of California, and is entitled to be a preference purchaser of electric service from the Central Valley Project cf the United States, and has powers equivalent to those cf the other members of NCPA so far as is relevant to the powers cf NCPA; now therefore, the Parties, including Truckee Donner, agree as follows: Section 1. On and after the effective date cf this Agreement, Truckee Donner shall be a member of NCPA and a party to the Joint Powers Agreement, and shall have the same rights, powers and priviieges and immunities, duties and obligations as any other member of NCPA as of that effective date. Section 2. Truckee Donner shall not be liable for any share Cf the organization, planning. or other costs cf NCPA incurred prior to the efiective date of this Agreement, and shall not by force of this Agreement become a party to any 4 other agreement or instrumentality cf NCPA entered into or created prior to the effective date cf this Agreement, or 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 cf the calendar month following the complete execution of this Agreement by Truckee Donner and all members and assoaate members of NCPA. <;• CITY OF ALAMEDA 51 Date C17Y OF HEALDSBURG M Date C = OF LODI gy�� u.�GiL By 'John R. (Randy) Snider, Mayor Date ortohor 19 14Rg Date €. A t t e s t QPjj R eim c h e, City C 1 e r k CITY OF 1�6w(Dt TURLOCK IRRIGATION DISTRICT I M Da -2- :A Date CITY OF PALO ALTO I.: CITY OF REDDING RevDeC 592 CITY OF UKIAH- By Date ' I PLUMAS-SIERRA RURAL ELECTRIC E. i COOPERATIVE By 2. Date TRUCKEE DONNER PUBLIC UTILITY . DISTRICT By Date F- L