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HomeMy WebLinkAboutResolutions - No. 2023-36RESOLUTION NO. 2023-36 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD PHASE AGREEMENT WITH NORTHERN CALIFORNIA POWER AGENCY FOR PURCHASE AGREEMENTS WITH GEYSERS POWER COMPANY, LLC WHEREAS, the City of Lodi (Lodi) is a signatory to the Joint Powers Agreement (JPA) which created the Northern California Power Agency (NCPA) and therefore is a member; and WHEREAS, Lodi and other NCPA members have executed the Amended and Restated Facilities Agreement which establishes the framework under which project agreements are created for the development, design, financing, construction, and operation of specific NCPA projects; and WHEREAS, in 2020, subsequently amended in 2022, NCPA, acting on behalf of members, conducted a competitive solicitation to identify and select cost-effective resources to support member obligations as it relates to renewable energy resources; and WHEREAS, Geysers Power Company, LLC (Geysers) submitted a proposal to NCPA to sell output from multiple geothermal power plants located in Sonoma and Lake Counties; and WHEREAS, Lodi and other members desire NCPA to enter into Purchase Agreements (Agreements) with Geysers for the purchase of resource adequacy capacity and renewable energy products from these geothermal power plants; and WHEREAS, under the terms of the Agreements, NCPA will purchase, on behalf of member participants including Lodi, the electrical energy output, resource adequacy capacity, renewable energy credits, and all other environmental attributes from Geysers for 5 megawatts (MW) beginning January 1, 2025, increasing to 10 MW beginning January 1, 2027 continuing through December 31, 2036; and WHEREAS, the output under the Agreements is guaranteed to qualify as Portfolio Content Category 1 under California Renewables Portfolio Standard requirements; and WHEREAS, in order for NCPA to move forward on behalf of participating members, a Third Phase Agreement is needed to enable NCPA to enter into the Agreements with Geysers on behalf of the participants; and WHEREAS, the Third Phase Agreement facilitates the transfer of all costs, obligations, and benefits associated with the Agreements from NCPA to the signatories to the Third Phase Agreement in proportion to each signatory's Project Participation Percentage for the life of the Agreements; and WHEREAS, on the effective date of the Third Phase Agreement, the City of Santa Clara (the initial participant) will hold the full Project Participation Percentage; however Lodi will exercise its right to accept a transfer of 5 MW in 2025 and 2026 respectively and 10 MW each year thereafter through 2036, thereby becoming a project participant; and WHEREAS, this activity would not result in a direct or reasonably foreseeable indirect change in the physical environment and is therefore, not a "project" for purposes of Section 21065 of the California Environmental Quality Act thus no environmental review is necessary; and WHEREAS, on January 26, 2023, the Risk Oversight Committee received a report on the Geysers Geothermal Project and recommended approval of the Third Phase Agreement with NCPA. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Third Phase Agreement with the Northern California Power Agency for Purchase Agreements with Geysers Power Company, LLC; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: February 15, 2023 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2023-36 was passed and adopted by the City Council of the City of Lodi in a regular meeting held on February 15, 2023 by the following vote: AYES: COUNCIL MEMBERS — Bregman, Craig, Khan, Nakanishi, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN- COUNCIL MEMBERS — None vwaAl� OLIVIA NASHED City Clerk 2023-36