HomeMy WebLinkAboutItem No. 4 Resolution re Ratification - SRSouthwest Riverside County Energy Authority
a Joint Powers Authority of the Cities of Temecula and Lake Elsinore, California
REPORT TO SRCEA BOARD
To: Honorable Chair and Members of the Board
From: Michael Bracken, Staff Liaison to the SRCEA JPA Board
Date: June 26, 2018
Subject: Ratifying Prior Actions Including Resolutions 2018-01, 2018-02, 2018-03,
2018-04 and Certain Appointments, and Certain Actions Related Thereto
Recommendation
adopt A RESOLUTION OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY
(SRCEA) RATIFYING PREVIOUS ACTIONS INCLUDING THE ADOPTION OF RESOLUTIONS
2018-01, 2018-02, 2018-03 AND 2018-04; AND, APPOINTMENTS MADE PRIOR TO THE
ACCEPTANCE BY THE SECRETARY OF STATE "STATEMENT OF FACTS ROSTER OF
PUBLIC AGENCY FILING" AND “NOTICE OF A JOINT POWERS AGREEMENT” FILING
Background and Overview
On February 14, 2018, the SRCEA Board of Directors passed a series of Resolutions (2018-01,
2018-02, 2018-03 and 2018-04) and appointed certain officers. These actions (described below)
were taken prior to filing the Notice of A Joint Powers Agreement with the Secretary of State,
which was done on March 14, 2018, and prior to the Secretary of State providing a "Statement of
Facts Roster of Public Agencies Filing", which was done on March 16, 2018. SMER Research 1,
LLC (the project developer) and their financing team, has requested that the SRCEA Board of
Directors consider ratifying the previous actions taken prior to issuance of the California Secretary
of State Certificate. In consulting with Mr. David Mann (Assistant City Attorney for the City of
Lake Elsinore and Authority Attorney for SRCEA), staff and SRCEA consultant believe that it is a
reasonable request and a fair accommodation to SMER Research 1, LLC in order for them to
satisfy their due diligence standards.
By way of review, the actions taken at the February 14, 2018, meeting included:
1. Southwest Riverside County Energy Authority Bylaws; Appointment of Executive Director
and Treasurer/Auditor
Authority Attorney Mann presented the Staff Report.
It was moved by Chair Manos, seconded by Member Johnson, and unanimously carried,
to adopt the Resolution.
Resolution No. 2018-01
Resolution Ratifying Resolutions 2018-01, 02, 03 & 04
June 26, 2018
Page 2
A RESOLUTION OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY
APPROVING THE BYLAWS OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY
AUTHORITY
It was moved by Member Johnson, seconded by Member Stewart, and unanimously
carried, to appoint Jason Simpson as the Executive Director and Treasurer/Auditor to the
SCREA.
2. SRCEA Solar Power Purchase Agreement, Sublease Agreement, License Use
Agreement, and Interconnection Agreement; (SUBLEASE AREA 1)
It was moved by Member Johnson, seconded by Vice-Chair Edwards, and unanimously
carried, to adopt the Resolution.
Resolution No. 2018-02
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, AND APPROVING AND AUTHORIZING THE
SRCEA EXECUTIVE DIRECTOR TO EXECUTE SAID AGREEMENTS FOR SUBLEASE
AREA 1
3. Solar Power Purchase Agreement, Sublease Agreement, License Use Agreement, and
Interconnection Agreement (SUBLEASE AREA 2)
It was moved by Member Johnson, seconded by Vice-Chair Edwards, and unanimously
carried, to adopt the Resolution.
Resolution No. 2018-03
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, AND APPROVING AND AUTHORIZING THE
SRCEA EXECUTIVE DIRECTOR TO EXECUTE SAID AGREEMENTS FOR SUBLEASE
AREA 2
4. Escrow Agreement for the Replacement of Certain Power Purchase Agreement (and
other) Documents
It was moved by Member Johnson, seconded by Vice-Chair Edwards, and unanimously
carried, to adopt the Resolution.
Resolution No. 2018-04
A RESOLUTION OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY
(SRCEA) AUTHORIZING EXECUTION OF AN ESCROW AGREEMENT FOR THE
REPLACEMENT OF CERTAIN POWER PURCHASE AGREEMENT (AND OTHER)
DOCUMENTS
Resolution Ratifying Resolutions 2018-01, 02, 03 & 04
June 26, 2018
Page 3
Fiscal Impact
Adoption of the Resolution does not create any additional fiscal impacts beyond those from the
original approvals (namely the Power Purchase Agreements)
Exhibit
A – Resolution