HomeMy WebLinkAboutAgenda Report - December 9, 1981 (42)AMENDMENT NO. 3 TO
NCPA JOINT POWERS
AGREEMENT
RFs. NO. 81-172
City Manager Glaves apprised the Council that after the
first of the Year, NCPA will move its headquarters off ice
to the Roseville area. This decision was made to place
the office in a more central location, avoid high housing
costs and reduce business travel to the Energy Cor hiss •ion.
The present treasurei and controller are from the city of
Palo Alto. With the move, the Treasurer and Controller will
come from Roseville. This require_: an amendmt�nt to the
.point Powers Agreement. Other changes in wording, etc.
was outlined by City Manager Glaves for the benefit of
the Council.
On motion of Councilman Pinkerton, 1lughes second, Council
adopted Resolution No. 81-172 approving Amendment No. 3
to NCPA Joint Powers Agreement and authorized the Mayor and
City Clerk to execute the Agreement on behalf of the
City.
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-'COUNCIL COMMUNICATIAN
TO THE CITY COUNCIL DATE NO.
FROM THE CITY MANAGER'S OFFICE
December 9. 1981
SUBJECT.
Amendment No. 3 to NCPA Joint Powers Agreement
After the first of the year, NCPA will move its headquarters office to the Roseville
area. This decision was made to place the office in a more central location, avoid
high housing costs and reduce business travel to Energy Commission, etc. It has been
the practice to have the Treasurer of a neighboring city appointed as Treasurer of
NCPA. The present Treasurer and Controller are from the City of Palo Alto. With the
move, the Treasurer and Controller will come from Roseville. This requires an amend -
meat to the Joint Powers Agreement.
Other changes in wording are also covered in the proposed amendment:
1. Rewording and elimination of obsolete wording in the section relating
to organization and officers eliminated are references to organi-
zation start up, planning committee and references to Bureau of
Reclamation.
>..A provision for a General Manager is provided.
3. Rewordinq provision for alternate commissioners.
4. Change reference to "Federal Power Commission" to "Federal Energy
Regulatory Commission".
5. Clarifies participation of Associate Member.
Fi.. Changes words "workmen's compensation" to " workers compensation".
7. `Delete reference to i,C..: :hemical as obsolete.
S. Rewording reference to financing of geothermal project by nonprofit
organization.
It is basically a cleanup amendment; and I find nothinq controversial or having any
particular affect on the City of Lodi. I therefor recommend its .pproval.
HENRY A.(GLAVES
City Manager
!"1
Northern California Power Agency
770 Kiely Boulevard . Santa Clara. California 95051 . (:108) 248-3422
ROBERT E. GRIIMSHAW
General Manager
November 20, 1981
TO: Members of the NCPA Commission
FROM: Gail Sipple
SUBJECT: Amendment No. 3 to the Joint Powers Agreement
Enclosed is a copy of Amendment No. 3 to the Joint Powers Agreement (ap-
proved at the October Commission meeting) for submittal to your governing
body for approval.
As you are aware, one of the sections in this amendment deals with the
selection of a new Treasurer and Controller for the NCPA in connection
with the Agency's move to Placer County. Since we plan to move in early
January, it is, therefore, necessary to have this amendment approved and
in place as soon as possible.
Upon approval of this amendment, please return an executed copy to my
attention.
By copy of this letter I am also sending this document to your City Clerk
for processing.
Yours truly,
Futive
LE
x Assistant
cc: Bob Gri mshaw
Martin McDonough
Enc.
CITY COUNCIL
JAMES A MCCAR TY. Mayor
ROBERT G MURPHY. Mayor Pro Tem
RICHARD E HUGHES
WALTER KATNICH
JAMES W. PINKERTON. ►r.
CITY OF LODI
CITY HALE. 221 WEST PIVE STREET
POST OFFICE BOX 320
LODI, CALIFORNIA 95241
(209) 334-5634
December 15, 1981
HENRY A CLAVES, it
City "tanager
ALICI M RE IMCHE
City Clrrk
RONALD M_ STEIN
City Attorney
Northern California Power Agency
770 Kiely Boulevard
Santa. :Clara, CA 95051
Attention: Gail Sipple
Gentlemen:
Enclosed please find an executed copy of Amendment No. Three
to "Northern California Power Agency Joint Powers Agreement"
Revised as of April 1, 1973.
Also enclosed is a certified copy of Resolution No, 81-172,
"Resolution Approving Amendment No. 3 to the Joint Powers
Agreement", which was passed and adopted by the City Council
of the City of Lodi in an adjourned regular meeting held
December 9, 1981.
Very truly yours,
LU:'
Alice M. Reimche
City Clerk
AR: dg
Enc.
CITY COUNCIL
JAMES A MCCARTY, Mayor
ROBERT G MURPHY, Mayor Pro Tom
RICHARD t HUGHES
WALTER KATNICH
JAMES W PINKERTON. Jr
r^
CITY OF LODI
CITY HALL. 221 WEST PIKE STREET
POST OFFICE BOX 32(1
LODI, CALIFORNIA 95241
(209) 334-5634
December 15, 1981
Pacific Gas and Electric Co.
12 W. Pine Street
Lodk .CA 95240
Attention: Mr. Schweitzer
Gentlemen:
HENRY A CLAVES, Jr
City Manager
ALICE M. RE IMCHE
City Clerk
RONALD M STEIN
City Attorney
Enclosed please find a certified copy of Resolution No. 81-172,
"Resolution Approving- Amendment No. 3 to the Joint Powers Agree-
ment", which was passed and adopted by the City Council of the
City of Lodi in an adjourned regular meeting held December 9,
1981. Attached to the Resolution is a copy of Amendment No. 3
to the Joint Powers Agreement.
Also enclosed is a certified copy of Resolution No. 81-170,
"Resolution in Support of PG&E Relicensing of Rock Creek/Cresta
and Mokelumne Projects".
If you have any questions regarding these matters, do not hesitate
to call this office.
Very truly yours,
Alice M. Reimche
City Clerk
AR: dg
Enc.
i
RESOLUTION NO. 81-172
RESOLUTION APPROVING AMENDMENT NO. 3 TO THE
JOINT POWERS AGREEMENT
RESOLVED that the City Council of the City of Lodi does
hereby approve Amendment No. 3 to the Joint Powers Agreement,
Northern California Power Agency; a copy of which is attached
hereto and thereby made a part hereof.
BE IT FURTHER RESOLVED that the City Council of the City
of Lodi does hereby authorize the Mayor and City Clerk to execute
the subject agreement amendment on behalf of the City of Lodi_
Dated: December 9, 1981
I hereby certify that Resolution No. 81-172 was passed
and adopted by the City Council of the City of Lodi in
an adjourned regular meeting held December 9, 1981 by
the following vote:
Ayes: Councilmen - Murphy, Hughes, Pinkerton, Katn ich
and McCarty
Noes: Councilmen - None
Absent: Councilmen - None
ALICE M. 1 MCHE
City Clerk
t
10/29/81 #2181B
AMENDMENT NO. THREE TO "NORTHERN CALIFORNIA
POWER AGENCY JOINT POWERS AGREEMENT" REVISED AS
OF APRIL 1, 1973
This agreement by and among the undersigned Cities of
Alameda, Biggs, Gridley, Healdsburg, Lodi, Lompoc, Palo
Alto, Redding, Roseville, Santa Clara and Ukiah, as members
of Northern California Power Agency, and Plumas-Sierra Rural
Electric Cooperative, as associate member
WITNESSETH: that
WHEREAS, the parties hereto have heretofore entered an
agreement pursuant to Government Code Section 6500 et seq.
to create and empower a joint powers agency to be known as
Northern California Power Agency, which agreement was first
made the 19th day of July, 1968, and revised as of the is t
day of April, 1973, and thereafter twice amended effective
December 7, 1977, and April 28, 1978, which agreement as
amended is herein referred to as the Joint Powers Agreement;
and
WHEREAS, the parties desire to amend the Joint Powers
Agreement in various respects, now therefore the parties
hereto agree as follows:
1. Section 2 of Article II of the Joint Powers
Agreement is amended to read:
"2. Each signatory shall appoint its designated
representative to the Commission, and said representa-
tives shall:
(a) Elect a chairman, a vice-chairman, and
a secretary, and such other officers as the
Commission shall find appropriate, to serve the
Commission at its pleasure or for such term as
may be provided by Commission rule.
(b) Establish an Executive Committee, and
such other committees as they shall find appro-
priate.. The Executive Committee may exercise any
power of the Commission delegated to it by by-laws
adopted by the Commission.
(c) Provide general directives for the work
of such committees.
(d) Take appropriate measures to meet the
financial requirements of NCPA, by assessments
and other contributions, as hereinafter provided
for, and make other provisions as they shall find
appropriate for the work of the Commission."
2. Section 3 of. Article II of the Joint Powers
Agreement is amended to read:
"3. The Chairman of NCPA shall preside at
meetings of the Commission and perform such other
duties as the Commission shall instruct. The duties
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of the Vice -Chairman and the Secretary shall be the
usual and customary duties of such officers."
3. Section 4 of Article II of the Joint Powers
Agreement is amended to read:
"4. The Treasurer of this Agency shall be the
Treasurer of the City of Palo Alto, until and unle:,s
this agency shall establish its headquarters in Sacramento
County, California, and if and when it shall do so the
Treasurer of this Agency shall be the Treasurer of the
City of Roseville. The Auditor -or Controller or other
chief financial officer of the City whose treasurer is
the Treasurer of this Agency shall be the Controller
of this Agency. In lieu of the foregoing designations,
the Commission may appoint one of its officers or
employees to either or both of such positions. Such
offices may be held by separate officers or employees
or combined and held by one officer or employee. In
any case, the Treasurer and Controller of the Agency
shall cause an independent audit to be made by a cer-
tified public accountant, or public accountant, in
compliance with Section 6505 of the Government Code."
4. Section 4.5 of Article II of the Joint Powers
Agreement is amended to read:
"4.5. The Treasurer of the Agency shall be the
depository and have custody of all the money of the
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Agency from whatever source. The Controller of the
Agency shall draw warrants to pay demands against the
Agency when the demands have been approved by the
Commission or by the General Manager or the Assistant
General Manager purusant to a delegations of authority
therefor adopted by the Commission. Tne Treasurer and
Controller shall comply strictly with the provisions
of the statutes relating to their duties found in
Chapter 5, Division 7, Title 1 of the Government Code,
beginning with Section 6500. The Controller and the
Treasurer shall each file an official bond in the
amount determined from time to time by the Commission."
5. Section 4.6 is added to Article II of the Joint
Powers Agreement to read:
"4.6. The Commission shall appoint a General
Manager, and may appoint one or more Assistant General
Managers, to serve at the pleasure of the Commission.
The General Manager shall have charge of, handle, or
have access to any property of this agency, and shall
furnish bond in an amount to be fixed by the
Commission."
6. The third sentence of section 5 of Article II of
the Joint Powers Agreement is amended to read: "In addi-
tion; each party to this Agreement shall designate one or
more alternates, who shall have the power to vote in the
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place and stead of the designated representative, in his
absence."
7. In Article IV, section 3, paragraph (a), of the
Joint Powers Agreement, the words "Federal Power Commission"
are changed to be "Federal Energy Regulatory Commission".
8. The second sentence cf section 7 of Article IV of
said Joint Powers Agreement is amended to read: "Associate
members shall not be entitled to voting represen-
tation on the Commission, and shall not be con-
sidered to be a party to this Agreement within
the meaning of the Joint Exercise of Powers pro-
visions of the Government Code, Section 6500 et
sec.; they shall, however, be entitled to receive
advance notices of and to attend all regular and
special meetings of the Commission, and shall pay
such portions of the costs of the Agency's opera-
tions, as may be established in the membership
Agreement between the Agency and the associate
member."
9. In section 3 of Article V of the Joint Powers
Agreement the words "workmen's compensation" are changed to
"workers' compensation".
10. In seztion 1 of Article VI of the Joint Powers
Agreement, delete the words "Dow Chemical,".
11. The first sentence of section 2 of Article VI of
the Joint Powers Agreement is amended to read:
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e
• ° o
• e
"It is intended to finance all or a portion
of the geothermal project by the formation of a
nonprofit corporation to issue bonds or other
evidences of indebtedness on behalf of NCPA."
12. Except as amended by this Agreement, the Joint
Powers Agreement heretofore existing remains in full force
and effect.
13. When executed by all parties this Agreement shall
become effective as of January 1, 1982.
Dated:
Dated•
Dated•
Dated:
CITY OF ALAMEDA
By,
and
CITY OF BIGGS
By
and
CITY OF GRIDLEY
By,
and
CITY OF HEALDSBURG
BY
and
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Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
By
Ja
and
s .A. McCarty .Mayor �
`' `J;i c' tic i
tlr.
cClerk
Alicel
M. eimc e,/ C ty
CITY
OF
LOMPOC
By
and
CITY
OF
PALO ALTO
By,
and
CITY
OF
REDDING
By
and
CITY
OF
ROSEVILLE
By
and
CITY
OF
SANTA CLARA
By
and
-7-
Dated:
Dated:
CITY OF UKIAH
By
and
PLUMAS-SIERRA RURAL ELECTRIC
COOPERATIVE
BY
and
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