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HomeMy WebLinkAbout2022 013 CC RESO RESOLUTION NO. 2022-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY'S WITHDRAWAL FROM THE JOINT EXERCISE OF POWERS AGREEMENT REGARDING THE CALIFORNIA CHOICE ENERGY AUTHORITY AND DIRECTING THE TAKING OF FURTHER ACTIONS RELATED THERETO WHEREAS, the City of Baldwin Park ("City") is a municipal corporation organized and operating under the laws of the State of California, with the City Council of the City of Baldwin Park ("City Council") serving as the governing body of the City; and WHEREAS, the California Choice Energy Authority ("Authority") is a joint exercise of powers authority created under the Joint Exercise of Powers Act (California Government Code Section 6500, et seq.) by that certain agreement dated August 14, 2012, and originally entitled "Joint Exercise of Powers Agreement Relating to the California Clean Energy Authority" ("JPA Agreement"); and WHEREAS, the Authority changed its name to the "California Choice Energy Authority" via its adoption of the First Amendment to the JPA Agreement on March 28, 2017; and WHEREAS, Section 12 of the JPA Agreement provides that public agencies may be added as parties to the JPA Agreement, and thereby become members of the Authority, upon the following: (i) the filing with the Authority of an executed counterpart of the JPA Agreement, together with a copy of the resolution of the governing body of the joining public agency approving the JPA Agreement and the execution and delivery thereof; and (ii) adoption of a resolution of the Authority's governing body approving the addition of such public agency as a member; and WHEREAS, the City Council adopted Resolution 2019-16 on April 17, 2019 authorizing the City to become a party to the Agreement and a member of the Authority; and WHEREAS, the City Council finds that withdrawing from the Agreement and as a member of the Authority will further the public health, safety, and general welfare of the community. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. Based on the staff report, presentation, public comment, and other matters presented to the City Council during its consideration of this matter, the City Council finds and declares that the foregoing recitals are true and correct, and hereby incorporated as substantive findings of this Resolution. Section 2. The City Council hereby approves and authorizes the City to withdraw from the JPA Agreement, and thereby approves and authorizes the City to withdraw its membership in the Authority. The City Manager is authorized and directed to execute a withdrawal from the Resolution No.2022-13 Page 1 of 2 JPA Agreement on behalf of the City and file the same, along with a copy of this Resolution, with the Authority pursuant to Section 12 of the JPA Agreement. Section 3. The City Council hereby authorizes the City to enter into, and the City Manager is authorized and directed to execute on the City's behalf, an amendment to the administrative services agreement with the Authority for the wind-down of its Community Choice Aggregation ("CCA") operations in a form substantially similar to that attached hereto as Exhibit"A" ("Services Agreement"). The City Council further authorizes the Authority to enter into any ancillary agreements required in connection with the Services Agreement on behalf of the City. Section 4. The City Council hereby authorizes the City to enter into, and the City Manager is authorized and directed to execute on the City's behalf, a termination agreement with regard to the security agreement, inter-creditor agreement, and one or more account control agreements in a form substantially similar to those respective agreements as are attached hereto as Exhibit "B" ("Termination of Security Agreements"). The City Council further authorizes the Authority to enter into any ancillary agreements on behalf of the City required in connection with the Termination of Security Agreements. Section 5. This Resolution shall take effect immediately upon its adoption. The City Clerk shall enter this Resolution into the official book of resolutions. PASSED, APPROVED, AND ADOPTED this 16th day of March 2022. EMMANUEL J. TRADA, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Shirley Quinones, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-013 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 16, 2022 and that the same was adopted by the following vote to wit: AYES: Estrada, Garcia, Avila, Damian, Hernandez NOES: N/A ABSENT: N/A ABSTAIN: N/A Shirley Quinones hief Deputy City Clerk Resolution No.2022-13 Page 2 of 2