HomeMy WebLinkAboutResolution 2016-138 N.C.S. 09/12/2016Resolution No. 2016 -138 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY OF PETALUMA'S REPRESENTATIVE ON THE BOARD
OF DIRECTORS OF THE SONOMA CLEAN POWER AUTHORITY TO APPROVE A
THIRD AMENDED AND RESTATED JOINT POWERS AGREEMENT RELATING TO
AND CREATING THE SONOMA CLEAN POWER AUTHORITY
WHEREAS, on December 4, 2012, the County of Sonoma and the Sonoma County
Water Agency approved a Joint Powers Agreement creating the Sonoma Clean Power Authority
( "the Authority "), and under the Joint Powers Agreement (JPA), cities and towns within Sonoma
County may participate in the Sonoma Clean Power CCA program by adopting the resolution
and ordinance required by Public Utilities Code §366.2; and
WHEREAS, in December 2014 the City of Petaluma adopted the Resolution, and in
January 2015 adopted the Ordinance, required by Public Utilities Code §366.2, to participate in
the Sonoma Clean Power CCA program; and
WHEREAS, the cities of Cotati, Cloverdale, Rohnert Park, Santa Rosa, Sebastopol, and
Sonoma, and the Town of Windsor have also adopted the ordinance and resolution required by
Public Utilities Code §366.2, and are now participants in the Sonoma Clean Power CCA
program; and
WHEREAS, cities and towns choosing to participate in the CCA program have
membership on the Board of Directors of the Sonoma Clean Power Authority as provided in the
JPA; and
WHEREAS, the JPA was amended twice in 2013; and
WHEREAS, the Authority now seeks the option of expanding participation in the CCA
program to the County of Mendocino and its member jurisdictions; and
WHEREAS, the Authority has, through its staff, Board, and committees, undertaken an
extensive process to review and propose amendments to the JPA regarding governance,
operational issues, and clarifying language; and
WHEREAS, the JPA requires that participating jurisdictions are provided notice of
pending changes to the JPA, at least 30 days in advance of any consideration of any
amendments; and
WHEREAS, such notice was provided to the City of Petaluma in a letter dated August
18, 2016; and
WHEREAS, under the JPA, amendments generally must be approved by a two - thirds
vote of SCPA's Board of Directors; and
WHEREAS, Petaluma's representative to the Authority's Board of Directors has
requested voting instructions from the City Council; and
WHEREAS, proposed changes to the JPA were shared with the Council in summary
fashion in presentation from Authority staff in July 2016, and in a staff report dated September
12, 2016, and were further provided in their entirety in a redlined draft included with the
Resolution No. 2016 -138 N.C.S. Page 1
September 12, 2016 staff report as Attachment 4; and
WHEREAS, the most substantive of the proposed changes are summarized as follows:
• Combines two existing advisory committees into one new "Community Advisory
Committee" (Section 4.5);
• Updates and clarifies the purposes of SCPA (Recitals C and D) Supports the energy
procurement process by requiring the Board of Directors to establish procurement
criteria under which the Chief Executive Officer may execute energy contracts
(Section 4.4);
• Requires members of Board of Directors be elected members of the governing body
of entities participating in SCPA (Section 4.7);
• Allows the Board of Directors discretion regarding representation on the Board for
new participants outside of Sonoma County (Sections 4.7, 3.1). Mendocino County
and its jurisdictions are currently being considered. Gives the three incorporated
cities in Mendocino County one joint representative, rather than three representatives
as is required under the current JPA;
• Allows the Chief Executive Officer to temporarily change rates for up to three
months due to PG &E rate changes or unforeseen circumstances (Section 4.5.2.1.1).
• Makes minor changes to the recitals in Section C to clarify that the goal of
stimulating the local economy is furthered by all other SCPA goals, including the
goal of providing competitive rates;
• Adds language requiring a majority of the members of the new Community Advisory
Committee to be appointed to represent the interests of SCPA customers as
ratepayers; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA
FINDS AND RESOLVES AS FOLLOWS:
1. The foregoing recitals are true and correct; and
2. The City of Petaluma hereby authorizes its representative to approve extending
participation in the CCA program to the County of Mendocino and its municipalities, and to
approve changes to the JPA as summarized.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE:
I hereby certify the foregoing Resolution was introduced and adopted by the
(App veil as to
Council of the City of Petaluma at a Regular meeting on the 12th day of September,
fdn:
2016, by the following vote:
City Attorney
AYES:
Albertson, Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
NOES:
None
ABSENT:
None
ABSTAIN:
None
s
ATTEST:
City Clerk kJ Mayor
Resolution No. 2016 -138 N.C.S. Page 2