HomeMy WebLinkAboutAgenda Report - October 19, 1994 (63)0/
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Supplement No. 3 to Northern California Power Agency Joint Powers
Agreement
MEETING DATE: October 19, 1994
SUBMITTED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council, by resolution, adopt
Supplement No. 3 to Northern California Power
Agency Joint Powers Agreement.
BACKGROUND INFORMATION: The City of Oakland, acting by and through it's Board
of Port Commissioners Port of Oakland, has executed
and delivered a New Member Services Agreement and
applied for membership in the Northern California
Power Agency (NCPA).
FUNDING: Not Applicable
Henry J. Rice
Electric Utility Director
JS/pn
Prepared by: John Stone, Manager, Rates and Resources
Attach.
c: City Attorney
Assist. Electric Utility Director
APPROVED — _----- i 1
THOMAS A PETERSON ec ron11o►aor•
City Manager
cc ,
Port of Oakland's
Request for Membership
In
Northern California Power Agency
On Wednesday, September 22,1994, the Northern California Power Agency's (NCPA)
Commission voted unanimously to adopt a resolution directing the NCPA General Manager
to accept the Port of Oakland's (Port) application for membership to NCPA, and to circulate
to the individual members the attached Supplement Number Three to the NCPA Joint Powers
Agreement for consideration and approval by their governing boards.
The Port of Oakland is a department of the City of Oakland governed by a seven member
board. Each member of the Board is appointed by the Oakland City Council for a four year
term. The Port provides electricity to numerous commercial tenants on city -owned property
including the Metropolitan Oakland International Airport. The Port's current electrical load is
about 6S megawatts and is expected to double in the next 10 years.
If accepted as a member, the Port would be a full participant in the JPA with all the rights and
obligations of a member. The Port would initially participate in the NCPA General Direct,
Central Valley Project, and Resource Development programs. However, in time, the Port may
be considered for entry into NCPA's Power Pool and become an interconnected member,
which is consistent with the Port's desire to obtain its own resource base for reliable, economic
power.
Tire Port's membership would benefit existing NCPA members in many ways. Each member's
financial contribution to NCPA programs would decrease in proportion to the Port's
participation. The Port would be a ready market for members' current surplus power.
Communication with state and federal officials would be enhanced.
NCPA's General Counsel has determined that the Port meets all necessary legal requirements
for membership. Counsel has also determined that the members would not be subject to
additional liability if the Port joined NCPA.
RESOLUTION NO. 94-- 14
RESOLUTION OF THE COMMISSION
OF THE NORTHERN CALIFORNIA POWER AGENCY
ALTrHORIZING EXECUTION OF A NEW MEMBER SERVICES
AGREEMENT WTTH THE PORT OF OAKLAND AND RECOMMENDING
EXECUTION OF SUPPLEMENT NO.3 TO THE JOINT POWERS AGREEMENT
TO THE MEMBERS
WHEREAS, the City of Oakland, a municipal corporation, acting by and through its
Board of Port Commissioners Port of Oakland (the Port) has executed and delivered a New
Members 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 $2,605; and
WHEREAS, the Commission has found and determined that the Port is suitable for
membership in NCPA; now
THEREFORE, BE IT RESOLVED by the Commission of NCPA, as follows:
Section 1. The application of the Port is hereby accepted, and the General Manager is
hereby authorized and directed to execute on behalf of NCPA the New Member Services
Agreement with the Port.
Section 2. The form of Supplement No. 3 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. 3 to the members for their consideration.
PASSED AND ADOPTED this --0 y d' ay of 1994 by the following
ate on roll call:
Vote Abstained s4bsent
"ity of Alameda
Biggs,,
Gridley
Healdsburg
Lodi J
Lompoc
Palo Alto
Redding
Roseville
Santa Clara
Truckee Donner
Turlock
Ukiah
Plumas-Sierra
SUPPLEMENT NO.3 TO
NORTHERN CALIFORNIA POWER AGENCY
JOINT POWERS AGREEMENT
This Agreement, dated as of -J 1994, by and among the parties
signatory hereto, hereinafter called "Parties," witnesseth that
WHEREAS, all of the Parties hereto, except the City of Oakland, a municipal corporation
acting by and through its Board of Port Commissioners, herein called "the Port," 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, 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. of the Government Code of the State of
California, of which all Parties hereto except the Port are members or associate members; and
WHEREAS, the Port and the other Parties hereto desire that the Port 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, the Port is a department of the City of Oakland, a municipal corporation and a
public agency of the State of California, and is entitled to be a preferencepurchaser 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 the Port, agree as follows:
Section 1. On and after the effective date of this Agreement, the Port 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 of that effective
date.
Section 2. The Port 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, or except with its consent and the consent of
all rather 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 the Port and all members and associate members of
NCPA.
CITY OF ALAMEDA CITY OF BIGGS
By By
Date Date
CITY OF HEALDSBURG CITY OF ROSEVILLE
By
Date
CITY OF LODI
By _
Date
CITY OF LOMPOC
By
Date
CITY OF PALO ALTO
By
Date
By
Date
CITY OF SANTA CLARA
By
Date
TURLOCK IRRIGATION DISTRICT
By _
Date
CITY OF UKIAH
By
Date
CITY OF REDDING
By
Date
CITY OF GRIDLEY
By
Date
PORT OF OAKLAND
By
Date
PLUMAS-SIERRA RURAL
ELECTRIC COOPERATIVE
a
Date
TRUCKEE DONNER PUBLIC
UTILITY DISTRICT
Date
RESOLUTION NO. 94-122
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A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE EXECUTION OF SUPPLEMENT NO. 3 TO THE
JOINT POWERS AGREEMENT OF THE NORTHERN CALIFORNIA POWER AGENCY
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WHEREAS, the City of
Agreement of the Northern
"Joint Powers Agreement"
Agency; and
Lodi is a party to the Joint Powers
California Power Agency, herein called the
which created the Northern California Power
WHEREAS, the Port of Oakland is a department of the City of
Oakland, a municipal corporation and a public agency of the State of
California; and
WHEREAS, the Port of Oakland desires to became a party to the
Joint Powers Agreement; and
NOW, BE IT THEREFORE RESOLVED that the City Council of the City
of Lodi hereby authorizes approval of Supplement No. 3 to the Joint
Powers Agreement of the Northern California Power Agency.
BE IT FURTHER RESOLVED that the City Manager and City Clerk are
hereby authorized to execute said Agreement on behalf of the City of
Lodi.
Dated: October 19, 1994
I hereby certify that Resolution No. 94-122 was passed and
adopted by the Lodi City Council in a regular meeting held October 19,
1994 by the follcwing vote:
Ayes: Council Members - Mann, Fennino, Snider and
Sieglock (Mayor)
Noes: Council Members - Mone
Absent: Council Members - Davenport
J i er Perrin
C y Cler
94-122
RES94122/TXTA.02J