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Resolution 14280CITY OF ALAMEDA RESOLUTION NO. 14280 APPROVING THE AMENDED AND RESTATED NORTHERN CALIFORNIA POWER AGENCY POOLING AGREEMENT WHEREAS, Alameda Power & Telecom (Alameda P&T) is a signatory to the Northern California Power Agency (NCPA) Pooling Agreement that has been in place since September 22, 1993; and WHEREAS, the Pooling Agreement is an important business practice agreement that governs the core operations of the NCPA Pool including, among other things central dispatch, reliability, forecasting, energy and capacity purchases and sales, billing and settlements, transmission, and dispute resolution; and WHEREAS, the Pooling Agreement was originally developed to provide a mechanism for NCPA members to share in the cost savings and economic efficiencies resulting from pooled power management operations; and WHEREAS, the current Pooling Agreement is significantly outdated, out of step with the current energy industry structure, and no longer provides a credible framework by which members' contractual obligations and operational commitments can reasonably be honored; and WHEREAS, NCPA staff in collaboration with Pool Members, including Alameda P&T, initiated an ambitious comprehensive redrafting effort in August 2007, to bring the Pooling Agreement current to today's industry environment; and WHEREAS, the resulting Amended and Restated Pooling Agreement meets the business needs of Alameda Power and Telecom; and WHEREAS, the Alameda Public Utilities Board has reviewed and approved the agreement and recommends that the City Council ratify its action as required by City Charter Section 12-2(a). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: 1. The Council ratifies the action of the Public Utilities Board approving the Amended and Restated Northern California Power Association Pooling Agreement. 2. The General Manager of Alameda Power & Telecom is authorized to execute the agreement without material change. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 21st day of October, 2008, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of October, 2008. Lara Weisiger, City City of Alameda