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HomeMy WebLinkAbout2006-02 joint powers ncpaRESOLUTION NO. 2006-02 RESOLUTION OF THE COUNCIL OF THE CITY OF UKIAH APPROVING THE EXECUTION OF SUPPLEMENT NO. 4 TO THE NORTHERN CALIFORNIA POWER AGENCY JOINT POWERS AGREEMENT WHEREIN SUCH SUPPLEMENT NO. 4 PROVIDES FOR THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT TO BECOME A SIGNATORY PARTY TO THE NORTHERN CALIFORNIA POWER AGENCY JOINT POWERS AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO. 4 TO THE NORTHERN CALIFORNIA POWER AGENCY JOINT POWERS AGREEMENT WHEREAS, the Northern California Power Agency (NCPA) was formed in 1968 for the purpose of utilizing the joint action of participating public power entities to pursue common interests for the benefit of all such members; WHEREAS, the NCPA Joint Powers Agreement (JPA) was initially developed on July 19, 1968 and subsequently revised on April 1, 1973; WHEREAS, in addition to the City of Ukiah, the Cities of Alameda, Biggs, Gridley, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara, Ukiah, and the Plumas- Sierra Rural Electric Cooperative, the Port of Oakland, the Truckee Donner Public Utility District, and the Turlock Irrigation District are signatory participants to the NCPA JPA; WHEREAS, the NCPA JPA provides for the addition of new members and signatories to the JPA; WHEREAS, additional NCPA members provide the potential for furthering joint action, diluting member cost and risk, enhancing the exchange of information, and otherwise expanding the likelihood of success of all NCPA members; WHEREAS, the San Francisco Bay Area Rapid Transit District (BART) has been an Associate NCPA Member since July 31, 1997; WHEREAS, NCPA has been performing scheduling and related energy services for BART to assist BART with the matching of loads and resources pursuant to BART's a supply contract with the Bonneville Power Administration (BPA) and transmission arrangements with PG&E; WHEREAS, California Senate Bill No. 1201, approved by the Governor on September 21, 2004, provides BART, in part, the ability to receive electric power from municipal entities; WHEREAS, BART's BPA supply contract terminates on June 30, 2006 and BART is seeking alternatives to such supply including renewable and conventional generating resources and other supply arrangements with municipal entities, and BART may utilize NCPA services to assist in attaining such objectives; WHEREAS, BART, in assessing and implementing post BPA contract opportunities, desires to explore the utilization of, and participation in, the NCPA Power Pool; Resolution 2006-02 Page 1 of 2 WHEREAS, by letter dated March 16, 2005, BART General Manager Thomas E. Margo requested that BART become a full member of the NCPA JPA; WHEREAS, the NCPA Commission unanimously approved BART's request to become a Party to the NCPA and directed the NCPA General Manager to implement BART's full membership status by submitting the necessary Joint Powers Agreement revisions contained in Supplement No. 4 to the Members for their approval; and WHEREAS, the City of Ukiah's is necessary, along with the other NCPA JPA signatories, in order for BART's full NCPA JPA participation to become effective; NOW, THEREFORE the Council of the City of Ukiah does hereby RESOLVE as follows: SECTION 1. The Council hereby approves the execution of NCPA JPA Supplement No. 4 which includes the San Francisco Bay Area Rapid Transit a signatory participant to the NCPA JPA and authorizes the City Manager to execute the NCPA JPA Supplement No. 4 on behalf of the City of Ukiah. Adopted this 20th day of July, 2005, by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSENT: None ABSTENT: None ATTEST: Marie Ulvila, City Clerk //b~a'{k Ashiku, Mayor/ APP/~ED AS TO~: Dafx apport, dity Aito~ney xt APPROVED: {?~andace !:toes~y, City M~nager ~ / / Resolution 2006-02 Page 2 of 2 Attachment #1 SUPPLEMENT NO. 4 TO NORTHERN CALIFORNIA POWER AGENCY JOINT POWERS AGREEMENT This Agreement dated july 20, 2005 , by and among the parties signatory to it ("Parties"), WITNESSETH: WHEREAS, all of the Parties, except the San Francisco Bay Area Rapid Transit District ("BART") 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 ("the Joint Powers Agreement"); and WHEREAS, the Joint Powers Agreement created the Northern California Power Agency ("NCPA") pursuant to Section 6500 et seq. of the Government Code of the State of California, of which all Parties except BART are members or associate members; and WHEREAS, BART and each of the other Parties desire that BART 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 752743-1 Attachment #1 WHEREAS, BART i~ a rapid transit district formed pursuant to the provisions of the San Francisco Bay Area Rapid Transit Act, California Public Utilities Code section 28500 et seq. and a public agency of the State of California, 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. NOW THEREFORE, the Parties, including BART, agree as follows: Section 1. On and after the effective date of this Agreement, BART 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. BART 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. Section 3. This Agreement shall take effect on the first day of the calendar month following the complete execution of this Agreement by BART and all members and associate members of NCPA. 752743-1 Attachment #1 Section 4. This Agreement may be executed in counterparts by the Parties to it. CITY OF ALAMEDA CITY OF BIGGS By By Date Date CITY OF HEALDSBURG CITY OF ROSEVILLE By By Date Date CITY OF LODI CITY OF SANTA CLARA By Date By Date CITY OF LOMPOC TURLOCK IRRIGATION DISTRICT By By Date Date CITY OF PALO ALTO By Date CITY OF REDDING By Date CITY OF UKIAH By Date 'q~ ---~ ~D,3~-'-' . ~ PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE By Date CITY OF GRIDLEY TRUCKEE DONNER PUBLIC UTILITY DISTRICT 752743-1 Attachment #1 By Date By Date PORT OF OAKLAND By Date SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT By Date 752743-1