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HomeMy WebLinkAboutResolutions - No. 2022-244RESOLUTION NO. 2022-244 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO ALL AGREEMENTS NECESSARY TO LOCATE, DEVELOP, CONSTRUCT, AND OPERATE A 20-48 MW STATE OF CALIFORNIA FUNDED NATURAL GAS POWER PLANT IN THE CITY OF LODI WHEREAS, Staff recently learned that the PG&E transmission lines that transmit power to the City are and will continue to lack the capacity to serve Lodi during anticipated N-1 contingencies; and WHEREAS, during the unprecedented August/September 2022 heat storm such a contingency occurred on September 7, 2022, causing one of the three dedicated 60 kV lines that serve Lodi to be shut down, resulting in PG&E ordering the City to shed 35 MW on extremely short notice; and WHEREAS, Staff work since the September 7t" event has revealed that Lodi will continue to be subject to the risk of this type of load shed, in the event of future expected contingencies, until at least 2028 when PG&E's 230kV project is anticipated to be constructed; and WHEREAS, Staff became aware of a State funded and extremely time sensitive project to add a natural gas powered peaker plant to the electrical grid with the plant constructed by the State under special legislation approved this year by the Governor and not subject to normal regulations or environmental review; and WHEREAS, the California Department of Water Resources (DWR) is funding the project, which must be contracted by October 15, 2022, and operational before the summer of 2023; and WHEREAS, DWR has contracted directly with Enchanted Rock LLC of Texas for the plant construction and Lodi would subcontract its rights and obligations through Enchanted Rock; and WHEREAS, the proposed Lodi power plant will only be able to be run during emergency situations to protect the integrity of the state wide or local electrical grid. NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby authorize the City Manager to enter into all agreements necessary to locate, develop, construct, and operate a 20-48 MW State of California funded natural gas power plant in the City of Lodi, approved as to form by the City Attorney, including, but not limited to the following: 1) An agreement with Enchanted Rock LLC, a Texas limited liability company authorized to do business in California, to lease a portion of the City's Industrial Substation at 1215 Thurman Street or the Surface Water Treatment Plant at 2001 West Turner Road, depending on which site has the most advantageous utility access; 2) Alternatively, and only if the first two options set forth in paragraph 1 are not serviceable, authority to negotiate a lease with Bond Manufacturing, at a lease price to be determined and subject to the leasehold being assignable to Enchanted Rock LLC with the cost of the lease to be funded by DWR through Enchanted Rock; 3) An Agreement with Enchanted Rock LLC for the development and construction of the power plant at DWR's expense on the terms to be set forth an Emergency Generation Site License Term Sheet; 4) Such agreements with consultants as are necessary for City to perform its scope of work for the project, including, but not limited to a professional services agreement with Scott Flake Consulting, Inc. for project management; and 5) An agreement with NCPA to provide energy scheduling and operations services for the plant. 6) The City Manager will report back on the status of these agreements with the City Council upon execution of all agreements or upon failure to negotiate a property lease for a suitable site. Dated: October 5, 2022 I hereby certify that Resolution No. 2022-244 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-244