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