HomeMy WebLinkAbout2019 016 CC RESO RESOLUTION NO. 2019-016
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AUTHORIZING THE CITY'S ENTRY INTO A 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 desires for the City to become a party to the
Agreement and a member of the Authority, and finds that doing so 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 enter into
the JPA Agreement, and thereby approves and authorizes the City to become a member
of the Authority. The City Manager is authorized and directed to execute a counterpart to
the 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 administrative
services agreement with the Authority 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 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"
("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 Security
Agreements.
Section 5. The City Council further authorizes the Authority to negotiate, from time
to time, the Authority's entry into purchase contracts on behalf of the City for the purchase
of energy and renewable energy, and related products, and for which contracts the City
shall be solely responsible for payment of through the Security Agreements (each, an
"Energy Contract"), which Energy Contract shall be substantially similar to the form to
attached to the Services Agreement as Exhibit "A"; provided that the term of any such
Energy Contract shall not exceed five (5) years. The Authority shall provide the proposed
Energy Contract to the City Manager, or his/her authorized designee, who is hereby
authorized and directed to review the proposed Energy Contract and, in the exercise of
his/her reasonable discretion, provide the Authority with his/her written approval thereof.
The Authority shall have, and the City Manager may not withhold, the authority to grant a
seller under the Energy Contract a first priority security interest in the collateral (i.e. the
lock box account) secured by the Security Agreements.
Section 6. Upon receipt of the written approval from the City Manager of an Energy
Contract as set forth in Section 5 above, which may be provided via email
correspondence, the City Council authorizes the Authority to enter into an Energy Contract
on behalf of and for the sole benefit of the City. The City Council further authorizes the
Authority to enter into any ancillary agreements required in connection with an Energy
Contract, subject to receipt of written approval from the City Manager of any such ancillary
agreements as set forth in Section 5 above.
Section 7. 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 jti day of April, 2019.
1
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing
Resolution No. 2019-016 was duly adopted by the City Council of the City of Baldwin Park
at a regular meeting thereof held on April 17, 2019 and that the same was adopted by the
following vote to wit:
AYES: COUNCIL MEMBERS: Avila, Garcia, Hernandez, Lozano, Pacheco
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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JEAN MI YA A s
CITYC 'K