HomeMy WebLinkAbout8.2 Create Energy Council
STAFF REPORT CITY CLERK
File #810-10
CITY COUNCIL
DATE:April 2, 2013
TO:
Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo, City Manager
SUBJECT:
Consideration of Joining the StopWaste.Org Joint Exercise of Powers Agreement
(JPA) Creating the Energy Council
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 for forming the Council is a Joint Exercise of
Powers Agreement (JPA). The City Council will consider approving participation in the Energy
Council JPA.
FINANCIAL IMPACT:
Membership in the JPA does not require contributions or payments from member agencies.
Participation in the JPA could result in program funding for energy improvements and/or
programs within the Dublin community.
RECOMMENDATION:
Staff recommends that the City Council not join the Energy Council JPA at this time.
Submitted By Reviewed By
Assistant to the City Manager Assistant City Manager
DESCRIPTION:
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 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.
ITEM NO. 8.2
Page 1 of 4
In the course of implementing the Integrated Waste Management Plan over the years,
StopWaste.Org has begun branching out its efforts from solid waste management to focus on
such topics as climate change, air quality, sustainable landscaping, energy usage, green
building to name a few. While many of the programs that have come from these efforts are
interconnected in various ways to solid waste management, Staff believes that the organization
has slowly moved away from its primary mission, which according to its mission statement is
"...achieving the most environmentally sound solid waste management and resource
conservation program for the people of Alameda County." In line with the mission expansion
underway by StopWaste.Org., the City Council is being asked to consider a request of all the
cities within the County to enter into a Joint Exercise of Powers Agreement (JPA), creating a
StopWaste.Org managed Energy Council.
Proposed Energy Council Joint Exercise of Powers Agreement
The stated purpose of the proposed Energy Council is to serve as a funding conduit to seek and
receive energy-specific grants and other third-party funding on behalf of StopWaste.Org
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 the
formation of 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 forming such a JPA would provide a clear signal that our region prioritizes
energy management and sustainable energy initiatives and has established a dedicated
governance structure for this purpose.
The proposed Energy Council would be established as a separate public entity from the
member agencies within the meaning of 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 proposed Energy Council would 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 proposed Energy Council would 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 proposed Energy Council's membership would consist 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 revised Energy JPA, approved by the ACWMA Board on February 27, 2013, 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 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.
A draft resolution to approve the proposed Energy JPA is presented to the City Council, with the
proposed JPA as an attachment. In addition, attached to this staff report are the proposed
Page 2 of 4
Energy Council Rules of Procedure and the draft ACWMA/Energy Council Memorandum of
Understanding. StopWaste.Org is requesting that cities that are interested in joining the JPA do
so by April 12, 2013 in order to take advantage of upcoming grant funding cycles. While Staff is
not recommending participation within the Energy JPA at this time, the City Council could elect
to opt in by adopting the attached Resolution (Attachment 1).
Analysis
Over the years that the City has been involved with StopWaste.Org, the City has experienced
on a number of occasions the use of tactics employed by the agency to enforce its agenda
among the member agencies. Such tactics often involve withholding funding and or peer
pressure to gain compliance. At other times, the organization has directly legislated changes to
its member agencies and has even passed on program costs to the Dublin community. As a
result, Staff is skeptical of the current inclusion within the JPA language that the ordinance
adoption authority will only apply to member agencies that elect to opt in to any Energy JPA
ordinances. The City has experienced rule changes after the fact before or felt the effect of the
soft tactics used to circumvent ordinance impacts.
Staff is also concerned with the large city focus that can show itself on regional boards, and that
the City's interest could be easily lost among the goals of the larger cities. For example, the
large versus small city issue recently came to the forefront during the negotiations for the voting
structure for the Energy JPA. Previously, StopWaste.Org had proposed a one city, one vote
system of governance; however, the current JPA voting structure is proposed to be weighted on
population with the largest jurisdictions receiving multiple votes (Oakland gets 3 votes with
Fremont, Hayward, and Alameda County each getting 2 votes). All other cities, including Dublin,
each would have one vote. The change in the voting structure was in response to the large
cities threatening to not participate in the Energy JPA if the voting structure was not changed.
The weighting structure appears to have been an area of concern for some cities including
Dublin. With the weighted voting structure, the smaller cities would still hold a majority vote if
they vote together on issues of common interest; out of the 20 total votes, the weighted votes for
Oakland, Alameda County, Fremont and Hayward add up to 9 votes, while the remaining single
vote jurisdictions add up to 11 votes. The resolution of the voting structure issue may seem
somewhat of a minor concern on the surface, but the impact it can have is illustrated by the
City's experience with the Clean Water Program, where the larger cities out voted the smaller to
restructure program cost sharing, increasing the amount for smaller cities and decreasing the
amount for the larger.
As mentioned above, Staff believes that forming the Energy JPA under the control of
StopWaste.Org further contributes to the blurring of lines around the primary mission of the
organization. Under the current proposal, StopWaste.Org Staff will administer the programs
under the Energy JPA with the ACWMA Board serving as the Energy JPA Board. Therefore, the
creation of the Energy JPA lends tacit agreement to the expanded mission that has occurred
over the years at StopWaste.Org. Additionally, Staff believes that energy program management
would be best managed by energy focused organizations, such as those run by PG&E through
East Bay Energy Watch. Additionally, there are other programs available within the Bay Area
that promote energy efficiency like the Association of Bay Area Governments (ABAG) lead Bay
Area Regional Energy Network (BayREN) program. In November 2012, the California Public
Utilities Commission approved a 2013-2014 budget of more than $23 million for new BayREN
energy programs that will serve Bay Area communities, including new programs to help single-
family and multi-family building owners and tenants save energy and money.
Page 3 of 4
Staff believes that the prudent approach would be to forgo participation in the Energy JPA at the
current time. There are currently local and regional programs that already exist that will benefit
the Dublin community, while forgoing the risks mentioned in participating in the Energy JPA.
Should circumstances change and participation become desirable in the Energy JPA at some
point in the future, there does not appear to be anything preventing the City from petitioning to
join at a later date. Staff is aware that the City of Pleasanton Staff is recommending that the
Pleasanton City Council forgo participation in the Energy JPA for many of the reasons stated
herein.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this report was made available to StopWaste.Org.
ATTACHMENTS:
1. Resolution Approving the Joint Exercise of Powers Agreement
creating the Energy Council and agreeing to become a member of
the Energy Council with attached Joint Exercise of Powers
Agreement for the Energy Council
Page 4 of 4
RESOLUTION NO. XX -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
ENERGY COUNCIL AND AGREEING TO BECOME A MEMBER OF THE ENERGY
COUNCIL
WHEREAS, The AlamedaCounty Waste Management Authority (ACWMA) in
the course ofimplementing the Countywide Integrated Waste Manage
made an ongoing,coordinated effort to reduce the emissions that
change, improve air quality, reducewaste, cut energy use and sav
Green Building program, the Green Packagesproject, and the Energ
California program; and
WHEREAS, ACWMA has successfully secured several energy-related grants,
includingapproximately $8 million in economic stimulus funding on behalf of its member
agencies; and
WHEREAS, there is an opportunity to continue andexpand the types of ene
efficiencyprograms through funding from multiple sources, includ
regional/state/federal agencies,investor owned utilities and private foundations; and
WHEREAS, based on input from potential funders, a Joint Exercise of Pow
agency that isexpressly authorized to seek and expend energy-rel
from the existingAlameda County Waste Management Authority -woul
signal that our regionprioritizes energy management and has esta
governance structure for thispurpose; and
WHEREAS, the Joint Exercise of Powers Agreement, attached as Exhibit A,
would create an independentEnergy Council to seek funding; devel
sustainable energy initiatives thatreduce energy demand, increas
and advance the use of clean, efficient, andrenewable resources
for the benefit of the member agencies and theirconstituents; an
WHEREAS, becoming a member of the Energy Council will benefit the City
Dublininproviding greater competitiveness in obtaining funding,
energy relatedtechnical expertise and services, and assistance t
capacity; and
WHEREAS, no debt, liability, or obligation or obligation of the Energy Co
shall constitutea debt, liability or obligation of the City of D
Government Code section6508.1 and the terms of the agreement;
ATTACHMENT 1
1
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Dublinapprovesthe Joint Exercise of Powers Agreement (Exhibit A)
Council and authorizes anddirects the City Manager to execute th
agrees to become a member of the EnergyCouncil.
PASSED, APPROVED AND ADOPTED this 2ndday of April, 2013, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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 ÐAgencies.Ñ
WITNESSETH
A. Joint Exercise of Powers:
The Joint Exercise of Powers Act, Government Code section 6500 e
that two or more public agencies by agreement may jointly exerci
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 environmen
quality of life, and greater self-reliance for the region, by re
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
the Energy Council, to exercise in the manner set forth in this
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, li
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
effectively develop and implement sustainable energy initiatives that reduce energy demand,
increase energy efficiency, and advance the use of clean, effici
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 effor
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 fundi
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 conserva
efficiency, and renewable energy opportunities available to the
f.To add value to, but not duplicate, energy services offered by u
serving the region;
g.To provide technical and policy assistance to the Agencies in implementing energy
efficiency, integrated demand-side management, renewable generat
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 loca
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 re
j.To support research, development, demonstration, innovation, and
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 implement
climate plans throughout the Agencies.
3. DEFINITIONS
Certain words as used in this Agreement shall be defined as fol
a.ÐBoardÑ shall mean the board constituted herein pursuant to this
administer and implement this Agreement.
b.ÐAgencyÑ shall mean each city or county which is a sign atory to this Agreement.
c.ÐEnergy CouncilÑ shall mean the public and separate agency creat
Agreement.
4. POWERS
The Energy Council is authorized, in its own name, to do all act
of this Agreement including, without limitation, each of the fol
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
d.To employ or contract for the services of agents, consultants an
or firms as necessary;
e.To employ staff as necessary to carry out Energy Council program
implement appropriate personnel policies and procedures as requi
f.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 withi
boundaries of any Agency only if approved by adoption of a resol
Agency. The foregoing restriction shall not apply to Energy Coun
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 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);
l.To adopt annually a budget setting forth all administrative, operational, and capital
expenses for the Energy Council;
m.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 t
Agreement, provided, however that the Energy Council shall not have the power to:
(1)Impose taxes or fees on residents, businesses, property owners o
entity, public or private;
(2)Require contributions or other payments from any Agency except p
a separate agreement between the Agency and the Energy Council;
(3)Operate as a community choice aggregator as that term is defined
Utilities Code section 331.1.
5. ORGANIZATION
The Energy Council shall be governed by the Board, which shall e
authority on behalf of the Energy Council. The Board is empower
procedures. The Board may do any and all things necessary to ca
this Agreement. As a condition of exercising the powers set for
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 publi
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
that the Agency has appointed as its member to the board of the
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
serve at the pleasure of the governing body of the appointing ag
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
Council. If an Agency is not a member of the Alameda County Was
Authority, the governing body of the Agency shall by resolution
members to serve as a member and one of its members to serve as
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 governin
appointing agency. Any change in appointment of a member or alt
resolution of the governing body of the appointing agency.
b. Vote. Each member shall have one vote except that the member selecte
of Oakland shall have three votes and the members selected by th
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 requir
for all actions.
d. Meetings of the Board.
(1) Regular Meetings. The Board shall hold at least one regular
The date, hour, and place at which each such regular meeting sha
be fixed by resolution of the Board.
(2) Special Meetings. Special meetings of the Board may be call
with provisions of law.
(3) Notice of Meetings. All meetings of the Board shall be held
provisions of the Ralph M. Brown Act, Government Code section 54
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 b
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 consti
the transaction of business, except that less than a quorum may
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 requ
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, w
becomes a member under Paragraph 7. The withdrawal of any Agenc
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,
Agreement by the effective date shall be members of the Energy C
county that shares and exercises powers in common with the Agenc
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 ap
accepting the city or county to membership; and (3) signing this
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 l
exercising powers granted by this Agreement shall be subject to
upon the County of Alameda. If at any time the County of Alamed
Agreement, the manner of exercising powers granted by this Agreement shall be subject to the
same restrictions as imposed upon the largest city within Alamed
Council member.
9. FUNDS, AUDIT, AND ACCOUNTING SERVICES
The Energy Council shall appoint an officer or employee as Finan
serve the combined functions of treasurer and auditor pursuant t
6505.5 and 6505.6 as those sections now exist or may be amended
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 th
Government Code.
10. DISPOSITION OF ENERGY COUNCIL FUNDS UPON TERMINATION
a.In the event of termination of the Energy Council where there is
entity, which will carry on the activities of the Energy Council
obligations, Energy Council funds, including any interest earned
remaining upon termination of the Energy Council and after payme
obligations shall be transferred to the successor public entity.
b.If there is no successor public entity, which would carry on any
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 Bo
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 termin
Council and after payment of all obligations and payment to the successor public
entity of funds for the functions and obligations assumed by the
entity, shall be distributed by the Board consistent with the pu
original funding source(s).
d. In the event the Energy Council is terminated all decisions o
to determinations of amounts and recipients of distributed funds
11. WITHDRAWAL, TERMINATION OF MEMBERSHIP, TERMINATION OF ENERGY
COUNCIL
Any Agency may withdraw from the Agreement following written not
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 w
Agreement shall terminate thirty (30) days after the agency ceas
with the parties to this Agreement. If the Energy Council recei
consecutive fiscal years, the Board shall consider terminating t
12. AMENDMENTS
This Agreement may be amended by the affirmative vote of the gov
two-thirds of all Agencies.
13. NOTICES
All notices to Agencies shall be deemed to have been given when
of each member Agency.
IN WITNESS WHEREOF, each Agency has executed approval of this Ag
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: _______________________________________
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: _______________________________________
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: _______________________________