HomeMy WebLinkAbout2016-51 CC Reso - NCPA JPA, Adding Shasta LakeRESOLUTION NO. 2016- 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING
SUPPLEMENT NO. 1, AMENDED AND RESTATED NORTHERN CALIFORNIA POWER
AGENCY JOINT POWERS AGREEMENT, ADDING THE CITY OF SHASTA LAKE AS A
PARTY TO NCPA AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON THE CITY'S BEHALF
WHEREAS, the City of Ukiah is a signatory member of the Northern California Power
Agency ("NCPA") Joint Powers Agreement; and,
WHEREAS, NCPA's Strategic Plan highlights the importance of using the human and
physical resources of the Agency to recruit new members and to provide services to non -
agency members; and
WHEREAS, NCPA's recruitment of new members and offering of NCPA services to non-
members provides the potential to reduce the City of Ukiah's cost to provide electric service;
and,
WHEREAS, The City of Shasta Lake, California submitted an application for NCPA
membership that complies with the Minimum Screening Criteria of NCPA's New Member Policy;
and
WHEREAS, The NCPA Commission on June 23, 2016, recommended that all current
governing bodies of NCPA members take action to approve the Supplement No.1, Amended
and Restated Northern California Power Agency Joint Powers Agreement, adding the City of
Shasta Lake, as a Party to NCPA; and
WHEREAS, If unanimously approved for membership by all NCPA member governing
boards and by the City of Shasta Lake, the City of Shasta Lake would then become a member
of the NCPA Legislative and Regulatory Affairs Program, and potentially participation in other
NCPA projects and programs; and
WHEREAS, under section 15378(b)(2) of the California Environmental Quality Act,
continued administrative actions do not qualify as a "Project" and therefore, no further CEQA or
environmental review is required.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah
hereby approves of Supplement No. 1, Amended and Restated Northern California Power
Agency Joint Powers Agreement, adding the City of Shasta Lake as a Party to NCPA (Exhibit A)
and authorizes the City Manager to execute the agreement on the City's behalf.
PASSED, APPROVED AND ADOPTED, this 7th day of September 2016, by the following Roll
Call Vote:
AYES: Councilmembers Crane, Mulheren, Doble, and Mayor Scalmanini
NOES: None
ABSTAIN: None
ABSENT: Councilmember Brown
Steph n G. Scalmanini, Mayor
ATTEST:
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Kristine Lawler, City Clerk
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Exhibit A
SUPPLEMENT NO.1 TO
AMENDED AND RESTATED NORTHERN CALIFORNIA POWER AGENCY
JOINT POWERS AGREEMENT,
ADDING CITY OF SHASTA LAKE AS A PARTY
This Supplement No. 1 to Joint Powers Agreement ("this Agreement") dated
by and among the parties signatory to it ("Parties"),
WITNESSETH:
WHEREAS, all of the Parties, except the City of Shasta Lake ("Shasta Lake") are also
parties to that joint powers agreement first made the 19th day of July, 1968, and amended and
restated as of January 1, 2008 ("the Joint Powers Agreement"); and
WHEREAS, the Joint Powers Agreement created the Northern California Power Agency
("NCPA") pursuant to the Joint Exercise of Powers Act (Section 6500 et seq. of the Government
Code of the State of California) as a separate public agency and legal entity existing apart from
its members; and
WHEREAS, all Parties except Shasta Lake are signatory to the Joint Powers Agreement
and are thereby members or associate members of NCPA; and
WHEREAS, Shasta Lake is a California general law city, is a public agency of the State
of California eligible to enter into joint powers agreements pursuant to the Joint Exercise of
Powers Act, is entitled to be a preference purchaser 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 and it is therefore eligible for membership in NCPA
pursuant to the Joint Powers Agreement; and
WHEREAS, Shasta Lake and each of the other Parties desire that Shasta Lake shall
become a party to the Joint Powers Agreement and a member of NCPA on the same basis as
each of the other NCPA members; and
WHEREAS, concurrently with its execution of this Agreement Shasta Lake has also
executed the NCPA Legislative and Regulatory Affairs Program Agreement, dated as of July 1,
2001, indicating its agreement to participate in the NCPA Legislative and Regulatory Affairs
Program on terms consistent with those applicable to other NCPA members, contingent upon its
membership in NCPA.
NOW, THEREFORE, the Parties, including Shasta Lake, agree as follows:
Section 1. On and after the effective date of this Agreement, the City of Shasta Lake
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.
Section 2. Shasta Lake 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, 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.
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Section 3. This Agreement shall take effect on the first day of the calendar month
following the complete execution of this Agreement by all Parties.
Section 4. This Agreement may be executed in counterparts by the Parties to it.
CITY OF ALAMEDA
CITY OF BIGGS
By:
By:
Its:
Its:
Date
Date
CITY OF HEALDSBURG
CITY OF ROSEVILLE
By:
By:
Its:
Its:
Date
Date
CITY OF LODI
CITY OF SANTA CLARA
By:
By:
Its:
Its:
Date
Date
CITY OF LOMPOC
CITY OF PALO ALTO
By:
By:
Its:
Its:
Date
Date
CITY OF UKIAH
PLUMAS-SIERRA RURAL ELECTRIC
COOPERATIVE
By:
Its:
By:
Its:
Date
Date
3
CITY OF REDDING
TRUCKEE DONNER PUBLIC UTILITY
DISTRICT
By:
By:
Its:
Its:
Date
Date
CITY OF GRIDLEY
PORT OF OAKLAND
By:
By:
Its:
Its:
Date
Date
SAN FRANCISCO BAY AREA RAPID
CITY OF SHASTA LAKE
TRANSIT DISTRICT
By:
By:
Its:
Its:
Date
Date
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