HomeMy WebLinkAboutReso 153-13 Energy Council Appointment RESOLUTION NO. 153 — 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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.
Page 1 of 2
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: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
/Z& i
Mayor
ATTEST:
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City Clerk
Reso No. 153-13,Adopted 9-17-13, Item 7.2 Page 2 of 2
Exhibit A
Joint Exercise of Powers Agreement for the Energy Council
This Agreement is entered into and becomes effective April 12,2013 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 6500 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 6507. No debt, liability, or obligation of the
Energy Council shall constitute a debt, liability or obligation of any Agency.
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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.L To coordinate regional integrated energy resource planning efforts which promote use
of sustainable, cleaner and affordable energy resources;
b.C! To encourage consistency among policies and programs that are adopted and
implemented by the Agencies;
c.L 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.L To assist the Agencies in developing a long-term sustainable energy strategy and
implementation plan;
e.L To increase awareness of, and enhance access to, energy conservation, energy
efficiency, and renewable energy opportunities available to the region;
f.L To add value to,but not duplicate, energy services offered by utilities and others
serving the region;
g.L 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.L 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.L To keep key decision makers and stakeholders informed of energy-related policy,
regulations,and market changes that are likely to impact the region;
j.L 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.L, To identify, seek, and secure grant funds that support implementation of local agency
climate plans throughout the Agencies.
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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.U "Agency" shall mean each city or county which is a signatory to this Agreement.
C.G1 "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.L To make and enter into contracts;
b.Li 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.L 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.Li 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.❑ To make plans and conduct studies;
g.U To acquire, construct, manage,maintain, operate and control any buildings, works, or
improvements;
h.LI To lease real or personal property as lessee and as lessor;
i.L To sue and be sued in its own name;
j.Lii 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;
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k.E: To incur debts, liabilities or obligations, subject to limitations herein set forth(As
provided in paragraph 1 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.G 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)u Impose taxes or fees on residents,businesses,property owners or any other
entity,public or private;
(2)❑ Require contributions or other payments from any Agency except pursuant to
a separate agreement between the Agency and the Energy Council; or
(3)G 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
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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.
c. 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 54950 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.
e. 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.
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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 6500 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
6505.5 and 6505.6 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.
10. DISPOSITION OF ENERGY COUNCIL FUNDS UPON TERMINATION
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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.L 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(30)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
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All notices to Agencies shall be deemed to have been given when mailed to the governing body
of each member Agency.
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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:
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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:
10
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:
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