HomeMy WebLinkAbout8 NCPA Joint Powers Amendmentenda Item #
To: Board of Directors
From: Steven Poncelet
Date: August 03, 2016
Subject: Consideration of an amendment to the Northern California Power
Agency (NCPA) Joint Powers Agreement
1. WHY THIS MATTER IS BEFORE THE BOARD
This item is before the Board because the Northern California Power Agency (NCPA)
Joint Powers Agreement (JPA) amendment to allow City of Shasta Lake to join NCPA
requires District Board approval.
2. HISTORY
The District has been a member of NCPA since the 1980's and NCPA has been a key
partner in leveraging the benefits of joint -action in the electric utility industry amongst
the 16 public -owned utilities in Northern California currently members of NCPA and
signatories to the Joint Powers Agreement (JPA). The benefits to the District in
participating in NCPA include NCPA's support of the District in Legislative &
Regulatory (L&R) affairs, public benefit programs, and joint -procurements. In general,
joint -action within the public power community leverages resources, promotes the
sharing industry knowledge/technology, and increases the District's access and
influence at the State and National level. The NCPA JPA sets out the rights, powers,
and privileges and immunities, duties, and obligations of the members.
3. NEW INFORMATION
The City of Shasta Lake is eligible for membership in NCPA pursuant to the JPA. The
City of Shasta Lake and each of the other existing 16 NCPA members are proposing
that the City of Shasta Lake become a party to the JPA and a member of NCPA on
the same basis as each of the other NCPA members including participating in the
NCPA Legislative and Regulatory Affairs Program. This requires the approval of the
existing members of the JPA. On or after the effective date of the amended JPA, City
of Shasta Lake shall be a member of NPCA and party to the JPA and shall have the
same rights, powers, and privileges and immunities, duties, and obligations as any
other member of NCPA. The amendment to the NCPA JPA is Attachment 1.
4. FISCAL IMPACT
There are no direct fiscal impacts associated with this Board action. However, the
addition of City of Shasta Lake to NCPA will spread NCPA's fixed -costs over a larger
number of publicly owned utilities and may lower the District's costs or off -set future
increases.
5. RECOMMENDATION
Authorize the General Manager to execute the NCPA Joint Powers Agreement
amendment to have the City of Shasta Lake become a member of NCPA and a
signatory to the Joint Powers Agreement,
F
Steven Poncelet
Public Information & Conservation Manager
Michael D. Holley
General Manager
SUPPLEMENT NO. I 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
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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
By:
Its:
Date
CITY OF HEALDSBURG
By:
Its:
Date
CITY OF LODI
By:
Its:
Date
CITY OF LOMPOC
By:
Its:
Date
CITY OF UKIAH
By:
Its:
Date
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CITY OF BIGGS
By:
Its:
Date
CITY OF ROSEVILLE
By:
Its:
Date
CITY OF SANTA CLARA
By:
Its:
Date
CITY OF PALO ALTO
By:
Its:
Date
PLUMAS-SIERRA RURAL ELECTRIC
COOPERATIVE
Date
CITY OF BEDDING 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 SAY AREA RAPID CITY OF SIIASTA LAKE
TRANSIT DISTRICT
By: By:
Its: Its:
Date Date
2663668.2
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