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HomeMy WebLinkAbout2021-07-29; Clean Energy Alliance JPA; ; Amendment No. 1 to Clean Energy Alliance Joint Powers Agreement Regarding the Term of Chair and Vice Chair~- CLE:AN E'NERGY ALLIANCE DATE: TO: FROM: ITEM4: Staff Report July 29, 2021 Clean Energy Alliance Board of Directors Casey Strong, General Counsel Amendment No. 1 to Clean Energy Alliance Joint Powers Agreement Regarding the Term of Chair and Vice Chair RECOMMENDATION Direct that Amendment No. 1 to the Clean Energy Alliance (CEA) Joint Powers Agreement changing the term of Chair and Vice Chair from a fiscal year term to a calendar year term be brought to the CEA Board for consideration at its September 30, 2021, regular meeting. BACKGROUND AND DISCUSSION Sections 5.1 and 5.2 of the CEA Joint Powers Agreement (JPA) provide that the CEA Board appoint a Chair and Vice Chair to serve on a fiscal year basis. At the June 24, 2021, meeting, the Board requested a discussion item be brought to the July 29 meeting regarding changing the term from a fiscal year to a calendar year basis to align with City Council terms. Thus, the Board would elect its Chair and Vice Chair in January rather than June. The Board would continue to appoint its Treasurer and Secretary in June as Board members will not be appointed to these positions. Section 5.1, Elected and Appointed Officers, of the JPA Agreement currently states: "For each fiscal year, the Board shall elect a Chair and Vice Chair from among the Directors." The proposed amendment changes this language to "At the January meeting in each year, the Board shall elect a Chair and Vice Chair from among the Directors." Section 5.2, Chair and Vice Chair, of the JPA Agreement currently states: "For each fiscal year, t he Board shall elect a Chair and Vice Chair from among the Directors." The proposed amendment changes this language to "At the January meeting in each year, the Board shall elect a Chair and Vice Chair from among the Directors." Section 4.12, Special Voting, of the JPA addresses the process and voting requirements for amending the JPA Agreement. An amendment to the JPA Agreement requires an affirmative vote of two-thirds of the Directors of the entire Board and at least 30 days advance written notice to the Member Agencies (currently the cities of Carlsbad, Del Mar, and Solana Beach} including a copy of the proposed amendment to the JPA Agreement. To meet this requirement, if directed, the proposed resolution approving the JPA amendment will be brought back to the CEA Board for approval at its September 30, July 29, 2021 Amendment to J PA Page 2 of2 2021 meeting. In addition, ·once adopted, prompt written notice of the action taken, and a copy of the resolution and amendment, will be provided to the Member Agencies. FISCAL IMPACT There is no fiscal impact by this action. ATTACHMENTS Proposed Amendment No.' 1 to Clean Energy Alliance Joint Powers Agreement. Item 4 Attachment AMENDMENT NO. 1 TO CLEAN ENERGY ALLIANCE JOINT POWERS AGREEMENT This Amendment No. 1 to the Clean Energy Alliance Joint Powers Agreement, dated November 4, 2019, by and among the City of Carlsbad, the City of Del Mar and the City of Solana Beach (hereinafter referred to as t he "Agreement") amends the Agreement as follows: 1. Section 5.1 Elected and Appointed Officers is hereby amended to read: "At the January meeting in each year, the Board shall elect a Chair and Vice Chair from among the Directors. For each fiscal year, the Board shall appoint a Secretary and a Treasurer as provided in Government Code Section 6505.5. Appointed officers shall not be elected officers of the Board. 2. Section 5.2 Chair and Vice Chair is hereby amended to amend the first sentence of this section to read: "At the January meeting in each year, the Board shall elect a Chair and Vice Chair fr(?m among the Directors." 3. Except as specifically amended above, all other provisions of the Agreement shall remain in full force and effect. This Amendment No. 1 was presented to the Board of Directors of the Clean Energy Alliance on July 29, 2021 and was adopted by the Board at its ------~ 2021 meeting.