CC Resolution No. 9963RESOLUTION 9963
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHOR/ZING PARTICIPATION IN THE ASSOCIATION OF BAY AREA
GOVERNMENTS' POWER PURCHASING POOL
WHEREAS, the City of Cupertino is currently a participant in the Association of Bay
Area Governments (ABAG) program for the pooled purchase of natural gas and related services
(P3 Program) since fiscal year 1996-97; and
WHEREAS, the P3 Program achieved savings of seven percent (7%); and
WHEREAS, on May 6, 1997 the California Public Utilities Commission (CPUC) issued
Decision 97-05-040 authorizing customers of, among others, Pacific Gas and Electric (PG&E) to
acquire electric supply and related services from sources other than PG&E; and
WHEREAS, the City of Cupertino is currently an electric customer of PG&E; and
WHEREAS, the City of Cupertino is a member or cooperating member of the
Association of Bay Area Governments; and
WHEREAS, ABAG proposes the formation of a pooled purchasing program for the
acquisition of electric supply and related services (Electric Program); and
WHEREAS, ABAG further proposes that the Electric Program be implemented through a
"Joint Exercise of Powers Agreement Creating the ABAG Publicly Owned Energy Resources"
(ABAG POWER) (attached as Exhibit A) formed by ABAG and other public entities in the
PG&E service territory in which such public entities commit to participating in ABAG POWER
for at lease one (1) year; and
WHEREAS, a participant in the Electric Program will acquire electric supply and related
services under an agreement between the participant and ABAG (Direct Access Electric
Aggregation Agreement) (attached as Exhibit B) which will be assigned from ABAG to ABAG
POWER upon the formation of ABAG POWER; and
WHEREAS, each participant in the Electric Program will be represented on the Board of
Directors of ABAG POWER by a director, or in his/her absence by an alternate, appointed by the
participant; and
WHEREAS, the City of Cupertino finds that it is in its best interest and the public interest
to join ABAG POWER and participate in ABAG's Electric Program.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby authorizes the City Manager or his designee to (1) execute and deliver the "Joint Powers
Agreement creating the ABAG Publicly Owned Energy Resources", (2) execute and deliver the
Direct Access Electric Aggregation Agreement in substantially the form, or in conformance with
the principles set forth in Exhibit B, and (3) represent the City on the Board of Directors of
ABAG.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of September, 1997, by the following vote:
Vote
Members of the Ci_ty Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bumett, Chang, Dean, Sorensen, Bautista
None
None
None
ATTEST:
City~
APPROVED: