HomeMy WebLinkAbout16-27 CC Resolution RESOLUTION NO. 16-27
rA RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A SOLAR POWER
PURCHASE AGREEMENT WITH SMER RESEARCH I,
LLC, ALONG WITH A RELATED SUBLEASE
AGREEMENT AND LICENSE AGREEMENT BETWEEN
THE CITY AND SMER RESEARCH I, LLC AND AN
INTERCONNECTION AGREEMENT BETWEEN THE CITY
AND SOUTHERN CALIFORNIA EDISON COMPANY AND
FIND THE CITY'S ACTION EXEMPT FROM CEQA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
1 . Recitals. The City Council finds, determines and declares that:
A. SMER Research 1, LLC, desires to install an electricity grid-connected
photovoltaic solar power plant on a portion of the Santa Margarita Ecological Reserve
owned by San Diego State University.
B. The solar power plant would have a generating capacity of approximately
2,250 kWp of electricity with portions sold to the City and other electrical customers.
' C. SMER Research I and San Diego State University would also engage in
research at Santa Margarita Ecological Reserve that would benefit future renewable
energy development and habitat restoration in Riverside County.
D. 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 Guidelines. The proposed agreements only
provide for the purchase of electricity by the City of Temecula 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 to the solar generating site are only pass-
throughs of the obligations of and benefits to SMER Research 1 of the existing Ground
Lease between SMER Research I 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 amendments will have a significant effect on the
environment.
E. In order to implement the City's purchase of electricity from the solar
power generating plant, the City will need to enter into several agreements that will be
approved by this Resolution.
Resos 16-27 1
2. Approval of Solar Power Purchase Agreement. The City Council hereby
approves that certain agreement entitled "Solar Power Purchase Agreement' between
the City and SMER Research 1, LLC, and authorizes the Mayor to execute the
Agreement on behalf of the City in the form presented to the City Council with such non-
substantive changes as may be approved by the City Attorney as necessary and
convenient to implement the purposes of the Agreement.
3. Approval of Sublease Agreement for Solar Power Plant Site. The City Council
hereby approves the "Sublease Agreement' between the City and SMER Research 1,
LLC, on City Controlled Real Property, Located at the Santa Margarita Ecological
Research Reserve Solar Initiative Research Site, Riverside County California" and
authorizes and directs the City Manager to enter into and execute this Agreement on
behalf of the City with such changes as may be approved by the City Attorney as
necessary and convenient to implement the purposes of the Agreement.
4. Approval of License Agreement for Solar Power Plant Site. The City Council
hereby approves the "License Agreement by and between SMER Research 1, LLC, and
the City of Temecula on City Controlled Real Property, Located at the Santa Margarita
Ecological Research Reserve Solar Initiative Research Site, Riverside County
California" and authorizes and directs the City Manager to enter into and execute this
Agreement on behalf of the City with such changes as may be approved by the City
Attorney as necessary and convenient to implement the purposes of the Agreement.
5. Approval of Interconnection Agreement. The City Council has reviewed and
approves in concept the "Rule 21 Generator Interconnection Agreement (GIA) for
Exporting Generating Facilities Interconnecting Under the Fast Track Process between
the City of Temecula and Southern California Edison Company Project: SDSU 2 (SCE
GFID 8284)" presented to the City Council and authorizes and directs the City Manager
to enter into and execute this Agreement on behalf of the City.
6. City Manager Authority. The City Manager is authorized and directed to take
all actions necessary and convenient to implement the agreements described in this
resolution and to enter into such additional agreements as may be necessary and
convenient to implement the agreements, including but not limited to, executing
estoppel certificates, operating memoranda and agreements, certifications, escrow, and
similar agreements and actions.
7. Certification. The City Clerk shall certify to the adoption of this Resolution.
Resos 16-27 2
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 10th day of May, 2016.
V--k —
Michael 8--Naggar, Mayor
ATTEST:
Randi oh , Clerk
[SEAL]
Resos 16-27 3
STATE OF CALIFORNIA )
' COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 16-27 was duly and regularlX adopted by the City Council of the
City of Temecula at a meeting thereof held on the 10` day of May, 2016, by the following
vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, McCracken,
Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Rahn
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
Resos 16-27 4