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RES-2008-086RESOLUTION NO. 2008- 086 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THAT CONCURRENCE BE PROVIDED FOR SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY TO NEGOTIATE, CONSUMATE, EXECUTE AND DELIVER SUCH AGREEMENTS AS MAY BE NECESSARY OR APPORPRIATE TO PROCURE AND PAY FOR GAS TURBINE GENERATOR BLOCKS FOR THE DEVELOPMENT OF THE CANYON POWER PROJECT. WHEREAS, the Southern California Public Power Authority "SCPPA was created pursuant to provisions contained in the Joint Exercise of Powers Act found in Chapter 5 of Division 7 of Title 1, of the Government Code of California, as amended from time to time (the "Act by its members, which are municipalities and an irrigation district that supply electricity in the State of California, for the purpose of jointly and cooperatively undertaking planning, development, financing, acquisition, construction, reconstruction, improvement, enlargement, betterment, operation and maintenance of projects for the generation or transmission of electric energy in accordance with the Act; and WHEREAS, pursuant to the Act, and pursuant to the Joint Powers Agreement between SCPPA and its members dated as of November 1, 1980, as amended, SCPPA was created and formed as a separate and distinct public entity apart from its members; and WHEREAS, pursuant to the terms of the Act, and the Joint Powers Agreement constituting SCPPA's formative instrument, SCPPA has the power to plan, develop, finance, own, acquire, design, construct, operate, maintain and repair electric generation or transmission projects or cause such projects to be planned, developed, financed, designed, constructed, operated, maintained and repaired, and to provide by agreement to perform such activities; and WHEREAS, the City of Anaheim "Anaheim is a municipal corporation and charter city which provides electric energy to its citizens through its municipally owned electric system. Anaheim is a party to the SCPPA Joint Powers Agreement and is one of the founding member municipalities which formed SCPPA. Anaheim's electric system serves the entire electric service area within the Anaheim city limits entailing approximately 50 square miles; and WHEREAS, SCPPA and Anaheim desire to investigate, plan, and develop and provide for the procurement, acquisition, construction and operation of a generating facility consisting of a peaking power plant contemplated for a proposed site within Anaheim referred to herein as the Canyon Power Project "Project including the necessary and appurtenant facilities thereto, and the applicable portion of any common facilities, interconnection facilities and related facilities; and WHEREAS, SCPPA and Anaheim originally denominated the Project as the Anaheim Municipal Power Station Project "AMPS Project and on or about October 23, 2007 entered into a Planning and Development Agreement to carry forth the development objectives of the Project. The Project was later named the Canyon Power Project; and WHEREAS, Section 5 of the Planning and Development Agreement for the Project provides that the parties appoint, designate and authorize Anaheim to be the Project Manager to carry out as agent for and on behalf of the parties and as principal on its own behalf, the Planning and Development Agreement; WHEREAS, Section 9 of the Planning and Development Agreement for the Project provides for the delegation of authority to SCPPA's Executive Director to carry forth those measures pursuant to the recommendation of the Project Manager which are in the judgment of the Project Manager necessary to the furtherance of the Project; and WHEREAS, as described more fully in the Planning and Development Agreement, the parties contemplate, among other things, to carry forth those actions necessary and appropriate for the consummation of the transactions that carry out the objectives of the Project; and WHEREAS, SCPPA and Anaheim desire to carry forth those actions necessary for, among other things, the consummation of the transactions for procurement of gas turbine generators necessary to further the current progress of the Project, as set forth herein; and WHEREAS, SCPPA in its Resolution No. 2008 -12 delegated to its Executive Director, the right, power and authority, subject to and upon the concurrence of Anaheim's Project Manager, to negotiate, consummate, execute and deliver such agreements as may be necessary for the procurement of the gas turbine generators, as in the best judgment of the Executive Director and the Project Manager shall best carry forth the respective interests and goals of Anaheim and SCPPA with respect to the Canyon Power Project. WHEREAS, after careful economic evaluation comparing the technologies available for gas turbine generators, the parties selected the General Electric LM6000 gas turbine generator "Turbine for the Project which is manufactured and delivered by GE Packaged Power, Inc. "GE The requirements of the Project necessitate that four gas Turbines and emission control equipment "Turbine Blocks be manufactured for delivery in approximately the last quarter of 2009. GE will not guarantee delivery of the Turbines until a purchase agreement between GE and SCPPA has been executed. WHEREAS, pursuant to the purchase agreement terms the four Turbine Blocks will cost approximately $92 million with a ten percent (10 down payment due within ten (10) days of execution of the purchase agreement by SCPPA and monthly progress payments of approximately $1.8 million per Turbine Block beginning on or about January, 2009. In addition to the purchase agreement there are associated shipping, transportation, and technical support for testing costs as well as applicable taxes in the approximated sum of $14 million. The purchase agreement allows SCPPA to terminate the agreement prior to delivery of the Turbines should the Project not go forward, but the termination costs become increasingly more expensive the longer the purchase agreement is in existence. As with any project of this nature, there are significant financial risks associated with the purchase of the Turbines prior to final licensing and permitting approval of the Project by the California Energy Commission and the South Coast Air Quality Management District. 2 WHEREAS, in the collective best judgment of SCPPA and the Public Utilities Department in collaboration with the various retained consultants after weighing the financial risks associated with delaying the Project against the likelihood that the Project will be permitted and licensed by the appropriated agencies, execution and delivery of such agreements by SCPPA as may be necessary for the procurement of the Turbine Blocks and, more specifically, the purchase agreement with GE carry forth the respective interests and goals of Anaheim and SCPPA with respect to the Canyon Power Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: The City Council of the City of Anaheim authorizes and directs the Public Utilities General Manager or her designee to provide concurrence for Southern California Public Power Authority to negotiate, consummate, execute and deliver such agreements in an amount not to exceed $92 million as may be necessary or appropriate to procure and pay for the gas turbine generators and emission control equipment required for the development of the Canyon Power Project as well as such associated shipping, transportation, and technical support for testing costs as well as applicable taxes in an additional sum not to exceed $14 million. This resolution shall become effective and operative on the date of its adoption. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of June, 2008, by the following roll -call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 69323.3 3 CITY OF 9NAHEIM MAYOR OF THE CITY OF ANAHEIM