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HomeMy WebLinkAboutItem 7.2 Energy Council JPAor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL September 17, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -40 Resolution Approving the Energy Council Joint Exercise of Powers Agreement Prepared by Roger Bradley, Assistant to the City Manager EXECUTIVE SUMMARY: The Alameda County Waste Management Authority (ACWMA) has established an Energy Council for the purpose of securing funding for energy - related programs and implementing such programs on a Countywide basis. The mechanism that formed the Council is a Joint Exercise of Powers Agreement (JPA). The City Council will consider approving the City's participation in the Energy Council JPA. FINANCIAL IMPACT: Joining the Energy Council will not require any City resources other than Staff time to participate. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving the Energy Council Joint Exercise of Powers Agreement and petitioning to become a member of the Energy Council. Submitted By Assistant to the City Manager DESCRIPTION: Reviewed By Assistant City Manager The Alameda County Waste Management Authority (ACWMA), known as StopWaste.Org, is a public agency formed in 1976 by a Joint Exercise of Powers Agreement (JPA) among the County of Alameda, each of the fourteen cities within the County, and two sanitary districts that provide refuse and recycling collection services. StopWaste.Org is responsible for preparation of the Alameda County Integrated Waste Management Plan and Alameda County Hazardous Waste Management Plan. It manages a long -range program for the development of solid waste facilities and offers a wide variety of other programs in the areas of source reduction and recycling, market development, technical assistance and public education. In an expansion of its Page 1 of 3 ITEM NO. 7.2 efforts, StopWaste.Org has formed a new JPA creating an Energy Council, which the City of Dublin could petition to become a member. On April 2, 2013, the City Council considered participation in the Energy Council JPA, and directed Staff to monitor the Energy Council progress and return to the City Council after six months for further consideration. Since that time, Staff has worked with Energy Staff and monitored the Energy Council's progression, and Staff believes that there are good opportunities for funding and program development for Energy Council member agencies. Therefore, Staff is recommending that the City Council adopt the Resolution (Attachment 1) approving the JPA and petitioning the Energy Council for membership. Energy Council Joint Exercise of Powers Agreement The stated purpose of the Energy Council is to serve as a funding conduit to seek and receive energy- specific grants and other third -party funding on behalf of member agencies. The Energy Council would develop and implement sustainable energy initiatives that reduce energy demand, increase energy efficiency, and advance the use of clean, efficient, and renewable resources within the County. StopWaste.Org believes that having an energy- focused JPA will increase its members' ability to compete for funds for future energy programs to benefit our communities. StopWaste.Org has received input from potential funders that the Energy Council JPA provides a clear signal that the region prioritizes energy management and sustainable energy initiatives and has established this dedicated governance structure for such a purpose. The Energy Council has been in existence since April 12, 2013, and currently has 12 member agencies (Albany, Alameda, Berkeley, Emeryville, Fremont, Hayward, Newark, Oakland, Piedmont, San Leandro, Union City, and Alameda County). The Energy Council is established as a separate public entity from the member agencies (Government Code Section 6507) with no debt, liability, or obligation of the Energy Council constituting a debt, liability or obligation of any of the member agencies. The Energy Council does not have the power to impose taxes or fees and will not require contributions or other payments from member agencies other than optional staff resources to participate in the proposed Technical Advisory Group and /or assist in implementing grants. The Energy Council does have the power to adopt countywide ordinances. However any adopted ordinances would only apply to a member agency if the agency adopted a resolution to "opt in ". The Energy Council's membership consists of one member of the governing body of each of the member agencies, with the governing body member being the same member who is appointed by the member agency as representative to the ACWMA Board (currently Vice Mayor Don Biddle). Per the Energy JPA, a simple majority of the proposed Energy Council's members shall be required for all actions, with a weighted voting structure, whereby, the City of Oakland receives three (3) votes; the cities of Hayward and Fremont as well as Alameda County receives two (2) votes; the remaining 11 jurisdictions would receive one vote each. The Energy Council would be subject to the Brown Act with meetings open to the public and minutes prepared and forwarded to each member as well as to each member agency. Adoption of the Resolution does not guarantee entrance to the Energy Council JPA as the Energy Council would have to approve the City's petition for membership. NOTICING REQUIREMENTS /PUBLIC OUTREACH: A copy of this report was made available to StopWaste.Org. Page 2 of 3 ATTACHMENTS: 1. Resolution Approving the Energy Council Joint Exercise of Powers Agreement and petitioning to become a member of the Energy Council Page 3 of 3 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING THE ENERGY COUNCIL JOINT EXERCISE OF POWERS AGREEMENT AND PETITIONING TO BECOME A MEMBER OF THE ENERGY COUNCIL WHEREAS, The Alameda County Waste Management Authority ( ACWMA) in the course of implementing the Countywide Integrated Waste Management Plan has made an ongoing, coordinated effort to reduce the emissions that cause climate change, improve air quality, reduce waste, cut energy use and save money through its Green Building program, the Green Packages project, and the Energy Upgrade California program; and WHEREAS, ACWMA has successfully secured several energy - related grants, including approximately $8 million in economic stimulus funding on behalf of its member agencies; and WHEREAS, there is an opportunity to continue and expand the types of energy efficiency programs through funding from multiple sources, including regional /state /federal agencies, investor owned utilities and private foundations; and WHEREAS, based on input from potential funders, a Joint Exercise of Powers agency that is expressly authorized to seek and expend energy - related funds — separate from the existing Alameda County Waste Management Authority - would provide a clear signal that our region prioritizes energy management and has established a dedicated governance structure for this purpose; and WHEREAS, the Joint Exercise of Powers Agreement, attached as Exhibit A, created an independent Energy Council on April 12, 2013 and has 12 current member agencies, which seeks funding; develops and implements sustainable energy initiatives that reduce energy demand and increase energy efficiency; and advances the use of clean, efficient, and renewable resources available in the region for the benefit of the member agencies and their constituents; and WHEREAS, becoming a member of the Energy Council will benefit the City of Dublin in providing greater competitiveness in obtaining funding, access to specialized energy related technical expertise and services, and assistance to strengthen local staff capacity; and WHEREAS, no debt, liability, or obligation or obligation of the Energy Council shall constitute a debt, liability or obligation of the City of Dublin pursuant to Government Code section 6508.1 and the terms of the agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Joint Exercise of Powers Agreement (Exhibit A) for the Energy Council. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby agrees to become a member of the Energy Council and authorizes and directs the City Manager to petition the Energy Council to become a member agency. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to execute the Joint Exercise of Powers Agreement (Exhibit A) upon acceptance of the City of Dublin's petition for membership by the Energy Council. PASSED, APPROVED AND ADOPTED this 17th day of September, 2013, by the following vote- AYES- NOES- ABSENT- ABSTAIN Mayor ATTEST: City Clerk Exhibit A Joint Exercise of Powers Agreement for the Ener2y Council This Agreement is entered into and becomes effective April 12, 2413 by and between the undersigned public agencies, all of said parties referred to collectively as the "Agencies." WITNESSETH A. Joint Exercise of Powers: The Joint Exercise of Powers Act, Government Code section 6544 et seq. (the "Act "), provides that two or more public agencies by agreement may jointly exercise any power common to the contracting parties. It is the intent of the contracting Agencies to utilize this statutory authorization in this Agreement. B. Energy Efficiency Leadership: The Agencies desire to build on and further establish the record of Alameda County, and the cities and communities within the County, as leaders in developing and implementing sustainable energy initiatives that support a healthy environment and economy, an enhanced quality of life, and greater self - reliance for the region, by reducing energy demand, increasing energy efficiency, and advancing the use of clean, efficient, and renewable local resources. AGREEMENT NOW, THEREFORE, the Agencies agree as follows: 1. CREATION OF THE ENERGY COUNCIL Pursuant to the Act, the Agencies hereby create a separate joint powers agency, which is named the Energy Council, to exercise in the manner set forth in this Agreement powers common to each of the Agencies. The Energy Council shall be a public entity separate from the Agencies within the meaning of Government Code section 6547. No debt, liability, or obligation of the Energy Council shall constitute a debt, liability or obligation of any Agency. 2. OBJECTIVE The purpose of this Agreement is to provide a means by which the Agencies can more effectively develop and implement sustainable energy initiatives that reduce energy demand, increase energy efficiency, and advance the use of clean, efficient, and renewable resources available in the region for the benefit of the Agencies and their constituents. To further that purpose, the Energy Council will work toward the following goals: a. ❑ To coordinate regional integrated energy resource planning efforts which promote use of sustainable, cleaner and affordable energy resources; b. ❑ To encourage consistency among policies and programs that are adopted and implemented by the Agencies; c. ❑ To increase the competitiveness of the region in obtaining funding and the ability of the Energy Council and the Agencies to establish strong partnerships with other stakeholders; d. ❑ To assist the Agencies in developing a long -term sustainable energy strategy and implementation plan; e. ❑ To increase awareness of, and enhance access to, energy conservation, energy efficiency, and renewable energy opportunities available to the region; f. ❑ To add value to, but not duplicate, energy services offered by utilities and others serving the region; g. ❑ To provide technical and policy assistance to the Agencies in implementing energy efficiency, integrated demand -side management, renewable generation programs, and meeting their goals in reducing greenhouse gas emissions; h. ❑ To conduct outreach to and assist the Agencies in strengthening staff capacity by identifying, seeking, and securing grant funds that support local agency staffing to work on energy efficiency programs; i. ❑ To keep key decision makers and stakeholders informed of energy- related policy, regulations, and market changes that are likely to impact the region; j.❑ To support research, development, demonstration, innovation, and commercialization of sustainable energy technologies by public and private entities operating in the jurisdictions of the Agencies; and k. ❑ To identify, seek, and secure grant funds that support implementation of local agency climate plans throughout the Agencies. N 3. DEFINITIONS Certain words as used in this Agreement shall be defined as follows: a. ❑ "Board" shall mean the board constituted herein pursuant to this Agreement to administer and implement this Agreement. b. ❑ "Agency" shall mean each city or county which is a signatory to this Agreement. c. ❑ "Energy Council" shall mean the public and separate agency created by this Agreement. 4. POWERS The Energy Council is authorized, in its own name, to do all acts necessary to fulfill the purposes of this Agreement including, without limitation, each of the following: a. ❑ To make and enter into contracts; b. ❑ To apply for and accept grants, advances, contributions, and donations of funds, property, services, and other forms of assistance from any public or private source; c. ❑ To provide funding, staffing, and other services to the Agencies and other entities for the conduct of programs under the general purview of the Energy Council; d. ❑ To employ or contract for the services of agents, consultants and such other persons or firms as necessary; e. ❑ To employ staff as necessary to carry out Energy Council programs, and to adopt and implement appropriate personnel policies and procedures as required; f. L To make plans and conduct studies; g. ❑ To acquire, construct, manage, maintain, operate and control any buildings, works, or improvements; h. ❑ To lease real or personal property as lessee and as lessor; i. ❑ To sue and be sued in its own name; j. ❑ To adopt ordinances provided that an ordinance shall apply within the jurisdictional boundaries of any Agency only if approved by adoption of a resolution by that Agency. The foregoing restriction shall not apply to Energy Council ordinances that govern only the administration and operation of the Energy Council; k.❑ To incur debts, liabilities or obligations, subject to limitations herein set forth (As provided in paragraph I of this Agreement, and pursuant to Government Code section 6508.1, no debt, liability, or obligation of the Energy Council shall constitute a debt, liability or obligation of any Agency); 1. ❑ To adopt annually a budget setting forth all administrative, operational, and capital expenses for the Energy Council; m.L To coordinate programs of mutual interest and provide administrative assistance with other organizations involved in related programs; and n. ❑ To exercise all other powers necessary and proper to carry out the provisions of this Agreement, provided, however that the Energy Council shall not have the power to: (1) L Impose taxes or fees on residents, businesses, property owners or any other entity, public or private; (2)L Require contributions or other payments from any Agency except pursuant to a separate agreement between the Agency and the Energy Council; or (3)L Operate as a community choice aggregator as that term is defined in Public Utilities Code section 331.1. 5. ORGANIZATION The Energy Council shall be governed by the Board, which shall exercise all powers and authority on behalf of the Energy Council. The Board is empowered to establish its own procedures. The Board may do any and all things necessary to carry out the purposes of this Agreement. As a condition of exercising the powers set forth in section 4, above, the Energy Council shall ensure the existence of liability insurance and errors and omissions insurance for actions of staff and Board members and shall enter an agreement for organizational and administrative support with an existing public agency which agreement shall indemnify and hold harmless the Energy Council for liability arising out of said support. a. Members of the Board. The Board shall consist of one member of the governing body of each of the Agencies. The member from each Agency shall be the member that the Agency has appointed as its member to the board of the Alameda County Waste Management Authority. Each Agency shall have an alternate member and that member shall be the alternate member that the Agency has appointed to the Board of the Alameda County Waste Management Authority. Each member and alternate shall serve at the pleasure of the governing body of the appointing agency. Any change in appointment of a member or alternate to the board of the Alameda County Waste Management Authority shall also be a change with respect to the Board of the Council. If an Agency is not a member of the Alameda County Waste Management Authority, the governing body of the Agency shall by resolution appoint one of its members to serve as a member and one of its members to serve as an alternate member of the Board after his or her appointment until a successor is selected. Each member and alternate shall serve at the pleasure of the governing body of the appointing agency. Any change in appointment of a member or alternate shall be by resolution of the governing body of the appointing agency. b. Vote. Each member shall have one vote except that the member selected by the City of Oakland shall have three votes and the members selected by the County of Alameda and the Cities of Fremont and Hayward shall have two votes. Vote Required. A simple majority of the Board members present shall be required for all actions. d. Meetings of the Board. (1) Regular Meetings. The Board shall hold at least one regular meeting each year. The date, hour, and place at which each such regular meeting shall be held shall be fixed by resolution of the Board. (2) Special Meetings. Special meetings of the Board may be called in accordance with provisions of law. (3) Notice of Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Government Code section 54954 et seq., and other applicable laws of the State of California requiring notice of meetings of public bodies to be given. (4) Minutes. The Board shall cause minutes of all meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to each Agency. (5) Quorum. A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. Rules of Procedure. The Board shall adopt by resolution from time to time such rules of procedure for the conduct of its affairs as may be required. 5 6. PARTIES TO THIS AGREEMENT For purposes of this Agreement, each Agency intends to, and does, contract with every other Agency that is a signatory to this Agreement and, in addition, with every public agency that becomes a member under Paragraph 7. The withdrawal of any Agency from this Agreement does not affect its validity or enforceability as to the remaining Agencies. 7. PROCEDURE FOR BECOMING MEMBER OF ENERGY COUNCIL All of the Cities in Alameda County, and the County of Alameda, that have executed the Agreement by the effective date shall be members of the Energy Council. In addition, any city or county that shares and exercises powers in common with the Agencies may become a member of the Energy Council upon (1) presenting an adopted resolution to the Energy Council requesting to become a member of the Energy Council; (2) receiving Board approval of that request accepting the city or county to membership; and (3) signing this Agreement. 8. RESTRICTIONS UPON EXERCISE OF POWER OF ENERGY COUNCIL This Agreement is entered into under the provisions of Government Code section 6544 et seq. concerning joint powers agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising those powers as limited by law. The manner of exercising powers granted by this Agreement shall be subject to the same restrictions as imposed upon the County of Alameda. If at any time the County of Alameda is not a party to this Agreement, the manner of exercising powers granted by this Agreement shall be subject to the same restrictions as imposed upon the largest city within Alameda County that is an Energy Council member. 9. FUNDS, AUDIT, AND ACCOUNTING SERVICES The Energy Council shall appoint an officer or employee as Finance Officer and that officer shall serve the combined functions of treasurer and auditor pursuant to Government Code sections 6545.5 and 6545.6 as those sections now exist or may be amended from time to time. The Finance Officer shall serve as the depositary and have custody of all Energy Council funds from whatever source, and shall perform the functions set forth in the above- referenced sections of the Government Code. 14. DISPOSITION OF ENERGY COUNCIL FUNDS UPON TERMINATION C a. ❑ In the event of termination of the Energy Council where there is a successor public entity, which will carry on the activities of the Energy Council and assume its obligations, Energy Council funds, including any interest earned on deposits, remaining upon termination of the Energy Council and after payment of all obligations shall be transferred to the successor public entity. b. ❑ If there is no successor public entity, which would carry on any of the activities of the Energy Council or assume any of its obligations, Energy Council funds, including any interest earned on deposits, remaining upon termination of the Energy Council and after payment of all obligations, shall be distributed by the Board consistent with the purposes and terms of the original funding source(s). c. ❑ If there is a successor public entity which would undertake some of the functions of the Energy Council and assume some of its obligations, Energy Council funds, including any interest earned on deposits, remaining upon termination of the Energy Council and after payment of all obligations and payment to the successor public entity of funds for the functions and obligations assumed by the successor public entity, shall be distributed by the Board consistent with the purposes and terms of the original funding source(s). d. In the event the Energy Council is terminated all decisions of the Board with regard to determinations of amounts and recipients of distributed funds shall be final. 11. WITHDRAWAL, TERMINATION OF MEMBERSHIP, TERMINATION OF ENERGY COUNCIL Any Agency may withdraw from the Agreement following written notice submitted to the Energy Council at least six months in advance of the effective date of withdrawal. The membership of any agency which ceases to have powers in common with the parties to this Agreement shall terminate thirty (34) days after the agency ceases to have powers in common with the parties to this Agreement. If the Energy Council receives no funding for three consecutive fiscal years, the Board shall consider terminating the Energy Council. 12. AMENDMENTS This Agreement may be amended by the affirmative vote of the governing bodies of not less than two - thirds of all Agencies. 13. NOTICES 7 All notices to Agencies shall be deemed to have been given when mailed to the governing body of each member Agency. IN WITNESS WHEREOF, each Agency has executed approval of this Agreement and filed said approval with the Secretary of the Alameda County Waste Management Authority and said signatures are listed below or attached hereto. Agency Approval Date (If Any) County of Alameda By: Print Name: Its: City of Alameda By: Print Name: Its: City of Albany By: Print Name: Its: City of Berkeley By: Print Name: Its: City of Dublin By: Print Name: Its: pi City of Emeryville By: Print Name: Its: City of Fremont By: Print Name: Its: City of Hayward By: Print Name: Its: City of Livermore By: Print Name: Its: City of Newark By: Print Name: Its: Ift City of Oakland By: Print Name: Its: City of Piedmont By: Print Name: Its: City of Pleasanton By: Print Name: Its: City of San Leandro By: Print Name: Its: City of Union City By: Print Name: Its: ill