Reso 1560 11/2019RESOLUTION NO. 1560
RESOLUTION MAKING FINDINGS, AUTHORIZING AND APPROVING
POWER PURCHASE AGREEMENT, PERFORMANCE GUARANTEES AND COST
REIMBURSEMENT AGREEMENT, AUTHORIZING EXECUTION AND DELIVERY OF
OTHER DOCUMENTS, MAKING A DETERMINATION AND OTHER ACTIONS
REQUIRED IN CONNECTION THEREWITH
WHEREAS, it is the policy of the State of California and the intent of the State
Legislature to promote all feasible means of energy conservation and all feasible uses
of alternative energy supply sources; and
WHEREAS, the Vallecitos Water District ("District") desires to reduce the steadily
rising costs of meeting the energy needs at its facilities; and
WHEREAS, TerraVerde Energy, LLC ("TerraVerde"), has provided the District
with analysis showing the benefits of implementing certain energy conservation
measures through the installation of certain solar photovoltaic systems, and
TerraVerde's analysis ("Analysis") is attached hereto as Exhibit A and made part hereof
by this reference; and
WHEREAS, the District proposes to enter into a power purchase agreement and
related contract documents ("Power Purchase Agreement") with SSA Solar of CA 6
LLC. ("Provider"), pursuant to which Provider will design, construct, install, maintain,
and operate on District property certain energy saving improvements consisting of solar
photovoltaic facilities and arrange with the local utility for interconnection of the facilities,
which will generate energy for the sites on which such facilities are located; and
WHEREAS, the sites where such solar photovoltaic facilities ("Project") will be
located are: Lift Station #1, and the Twin Oaks Reservoir; and
WHEREAS, the Analysis includes data showing that the anticipated cost to the
District for the electrical energy provided by the Project will be less than the anticipated
marginal cost to the District of electrical energy that would have been consumed by the
District in the absence of those purchases; and
WHEREAS, the District proposes to enter into the Power Purchase Agreement
substantially in the form presented at this meeting, subject to such changes, insertions
or omissions as the General Manager or their designee reasonably deems necessary
following the District's adoption of this Resolution; and
WHEREAS, pursuant to Government Code section 4217.12, the District has held
a public hearing, public notice of which was given at least two weeks in advance, to
receive public comment; and
Resolution No. 1560 Page 2
NOW, THEREFORE, based upon the above -referenced recitals, the District hereby
finds, determines and orders as follows:
1. The District finds that the terms of the Power Purchase Agreement are in
the best interests of the District.
2. In accordance with Government Code section 4217.12, and based on data
provided by the Analysis, the District finds that the anticipated cost to the District for
electrical energy provided by the Project under the Power Purchase Agreement will be
less than the anticipated marginal cost to the District of electrical energy that would
have been consumed by the District in the absence of those purchases.
3. The District hereby approves the Power Purchase Agreement, which shall
be subject to such changes, insertions or omissions as the General Manager or their
designee reasonably deems necessary.
4. The General Manager or designee is hereby authorized and directed to
negotiate any further changes, insertions and omissions to the Power Purchase
Agreement as they reasonably deem necessary, and thereafter to execute and deliver
the Power Purchase Agreement following the District's adoption of this Resolution. The
General Manager or designee is further authorized and directed to execute and deliver
any and all papers, instruments, opinions, certificates, affidavits and other documents
and to do or cause to be done any and all other acts and things necessary or proper for
carrying out this resolution and said agreements.
The foregoing Resolution was adopted at a meeting of the District Board
of Directors of the Vallecitos Water District on November 6th, 2019, by the following
vote:
AYES: ELITHARP, EVANS, HERNANDEZ, MARTIN
NOES:
ABSTAIN:
ABSENT: SANNELLA
Hal Jartin, Pres • ent
Board of Directors
Vallecitos Water District
Glenn Pruim, Secretary
Board of Directors
Vallecitos Water District