HomeMy WebLinkAboutSRCEA Item 4 - Exhibit A Resolution (2)RESOLUTION NO. 2018-____
A RESOLUTION OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY
(SRCEA) APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY BY
RESPONSIBLE OFFICERS OF THE SOLAR POWER PURCHASE AGREEMENT, THE
SUBLEASE AGREEMENT, THE LICENSE USE AGREEMENT, AND THE
INTERCONNECTION AGREEMENT, APPROVING AND AUTHORIZING THE SRCEA
EXECUTIVE DIRECTOR TO EXECUTED AGREEMENTS FOR SUBLEASE AREA 2
Whereas, the Southwest Riverside County Energy Authority (SRCEA) is a joint exercise of
powers authority duly organized and existing under and pursuant to that certain Joint Powers
Agreement by and between the City of Lake Elsinore (the “City”) and the City of Temecula, under
the provisions of Articles 1 through 4 (commencing with Section 6500) of Chapter 5 of Division 7
of Title 1 (commencing with Section 6500) of the California Government Code (the “Act”); and,
Whereas, the SRCEA, desires to participate in the Local Government Renewable Self -
Generation Program pursuant to Public Utilities Code Section 2830 wherein Southern California
Edison (“SCE”) offer a tariff (commonly referred to as the “The Renewable Energy Self-
Generation Bill Credit Transfer Program” or “RES-BCT” tariff) which allows a local government to
generate electricity at one “generating account” and transfer any available bill credit to one or
several “benefiting accounts”; and,
Whereas, SMER Research 1, LLC desires to install an electricity grid-connected photovoltaic
solar power plant on a portion of the Santa Margarita Ecological Research owned by San Diego
State University and utilize such plant in connection with the RES-BCT; and,
Whereas, the proposed solar power plant for the benefit of the City (Temecula and Lake Elsinore)
accounts will have generating capacity of approximately 2.25 MW (3,912,548 kilowatt hours) for
Temecula and 1.43MW (2,424,000 kilowatt hours) for Lake Elsinore of electricity; and,
Whereas, SMER Research 1, LLC and San Diego State University would also engage in research
at Santa Margarita Ecological Research that would benefit future renewable energy development
and habitat restoration in Riverside County; and,
Whereas, the City Council for the City of Temecula adopted through Resolution(s) Z and the City
of Lake Elsinore adopted through Resolution(s) Z authorized its representatives to the SRCEA to
approve and authorize the execution and delivery of certain agreements, namely a Solar Power
Purchase Agreement and documents related thereto (the “Original Agreements”), and
Whereas, the SRCEA desires to authorize approve and authorize the execution and delivery of
certain revised agreements, namely the Solar Power Purchase Agreement, the Sublease
Agreement, the License Agreement, and the Interconnection Agreement (as such terms are
defined below), the forms of which are on file in the Office of the City Clerk; and
NOW, THEREFORE, THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY
BOARD OF DIRECTORS DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:
Section 1. In accordance with the California Environmental Quality Act (CEQA), the City's
approval of the proposed Power Purchase Agreement, Sublease, License Agreement and
Interconnection Agreement is exempt from CEQA and further environmental review and a Notice
of Exemption will be filed in compliance with CEQA under Section 15061(b)(3) of the CEQA
CC Reso. No. 2017-_____
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Guidelines. The proposed agreements only provide for the purchase of electricity by the City of
Lake Elsinore from SMER Research 1, LLC. The City is not approving any facilities for the
generation of electricity and is not participating in the construction of any structures or facilities
for the generation of electricity. The City is only approving the purchase of electricity. The
Sublease and License Agreement with respect to the solar generating site are only pass-throughs
of the obligations of and benefits to SMER Research 1, LLC of the existing Ground Lease between
SMER Research 1, LLC and San Diego State University dated October 21, 2014 and do not
provide for any new or modified structures or facilities or new or modified uses beyond those
designated in the Ground Lease. As such, there is no possibility that the proposed agreements
will have a significant effect on the environment.
Section 2. The form of the Solar Power Purchase Agreement between SMER Research 1 and
SRCEA (“Power Purchase Agreement”) is hereby approved. The SRCEA Executive Director is
hereby to take such other actions as are necessary to execute and deliver the Power Purchase
Agreement in the form on file with the Office of the SRCEA Clerk with such changes, insertions
and omissions as may be approved by the Responsible Officers, with the advice of the SRCEA
Attorney, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 3. The form of the Sublease Agreement between SMER Research 1, LLC and SRCEA
(“Sublease Agreement”) is hereby approved. The SRCEA Executive Director is hereby to take
such other actions as are necessary to execute and deliver the Power Purchase Agreement in
the form on file with the Office of the SRCEA Clerk with such changes, insertions and omissions
as may be approved by the Responsible Officers, with the advice of the SRCEA Attorney, such
approval to be conclusively evidenced by the execution and delivery thereof.
Section 4. The form of the License Use Agreement between SMER Research 1, LLC and
SRCEA (“License Agreement”) is hereby approved. The SRCEA Executive Director is hereby to
take such other actions as are necessary to execute and deliver the Power Purchase Agreement
in the form on file with the Office of the SRCEA Clerk with such changes, insertions and omissions
as may be approved by the Responsible Officers, with the advice of the SRCEA Attorney, such
approval to be conclusively evidenced by the execution and delivery thereof.
Section 5. The form of the Rule 21 Generator Interconnection Agreement (GIA) for Exporting
Generating Facilities Interconnection Under the Fast Track Process between ______________
[intentionally blank] and Southern California Edison Company (the “Interconnection Agreement”)
is hereby approved. The Responsible Officers are hereby authorized to approve and take such
other actions as are necessary to execute and deliver the Interconnection Agreement in the form
on file with the Office of the City Clerk with such changes, insertions and omissions as may be
approved by the Responsible Officers, with the advice of the City Attorney, such approval to be
conclusively evidenced by the execution and delivery thereof.
Section 6. The form Guarantee to Solar Power Purchase Agreement (Exhibit I of the Power
Purchase Agreement; hereinafter the “Guarantee”) is hereby approved. The City Manager for
each city (Temecula and Lake Elsinore) has been authorized and directed to execute the
Guarantee on behalf of their respective cities by their City Councils.
Section 7. The Responsible Officers, and each of them, are authorized and directed, for and in
the name and on behalf of the SRCEA to take all actions necessary and convenient to implement
the agreements described in this resolution and to enter into such additional agreements as many
be necessary and convenient to implement the agreements, including but not limited to, executing
CC Reso. No. 2017-_____
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estoppel certificates, operating memoranda and agreements, certifications, escrow and similar
agreements and actions.
Section 8. This Resolution shall take effect from immediately upon its adoption.
Passed and Adopted on this 14th day of February 2018.
Steve Manos, Chairperson of the SRCEA
Attest:
Susan M. Domen, MMC
Authority Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, Authority Clerk of the SCREA JPA, hereby certify that Resolution No.
2018- ___ was adopted by the Southwest Riverside County Energy Authority at the Special
meeting of February 14, 2018, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
Authority Clerk