HomeMy WebLinkAboutRes 2023-038RESOLUTION NO. 2023-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
AND MAKING FINDINGS ON ENERGY SAVINGS AND
DETERMINING OTHER MATTERS IN CONNECTION WITH AN
ENERGY SERVICE AGREEMENT
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 City of Palm Desert (“City”) desires to reduce the rising costs of
meeting the energy needs at its facilities; and
WHEREAS, the City proposes to enter into a power purchase agreement (“Power
Purchase Agreement”) and related contract documents with FFP BTM SOLAR, LLC , dba
Forefront Power (“Supplier”) for a facility at the City’s real property site, pursuant to which
Power Purchase Agreement Supplier will design, construct, and install on City property
solar photovoltaic facilities and arrange with the local utility for interconnection of the
facilities, which will generate energy that will be delivered to the local utility and credited
to the City to offset the City’s energy costs; and
WHEREAS, the City has obtained an independent analysis from an energy
consultant, NV5, showing the financial and other benefits of entering into the Power
Purchase Agreement, which analysis is attached hereto as Exhibit A and made part
hereof by this reference; and
WHEREAS, Exhibit A includes data showing that the anticipated cost to the City
for the electrical energy provided by the solar photovoltaic facilities will be less than the
anticipated cost to the City of electrical energy that would have been consumed by the
City in the absence of such measures; and
WHEREAS, Supplier was the selected vendor for School Project for Utility Rate
Reduction’s (“SPURR”) Renewable Energy Aggregated Procurement (“REAP”) Program,
a competitive statewide solar request for proposals (“RFP”) process, and the City
adopts the REAP Program’s competitive process as its own; and
WHEREAS, the City proposes to enter into the Power Purchase Agreement and
related contract documents, each in substantially the form presented at this meeting,
subject to such changes, insertions or omissions as the City Manager reasonably deems
necessary following the City Council’s adoption of this Resolution; and
WHEREAS, pursuant to Government Code section 4217.12, this City Council held
a public hearing, public notice of which was given two weeks in advance, to receive public
comment, and to make a determination of cost savings; and
WHEREAS, the Power Purchase Agreement is in the best interests of the City;
and
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WHEREAS, the City’s proposed approval of the Power Purchase Agreement is a
“Project” for purposes of the California Environmental Quality Act (“CEQA”); and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the
City has determined that the project will not have a significant impact on the environment
and that the project is categorically exempt pursuant to Section 15311 (Class 11 –
“Accessory Structures”) of the State CEQA Guidelines as the project involves the
development of six carport structures and an integrated photovoltaic solar energy system.
Additionally, the project is not subject to any of the exceptions for categorical exemptions
identified in CEQA Guidelines Section 15300.2:
1) The project qualifies as a Class 11 exemption, which is not listed as one of the
classes under 15300.2 (A). The project is not located on a site where it may have
an adverse impact on an environmental resource of hazardous or critical concern
where designated, precisely mapped, and officially adopted pursuant to law by
federal, state, or local agencies. The project site will not impact designated
environmental or biological resources as it is not located within a conservation
area as identified by the Coachella Valley Multiple Species Habitat Conservation
Plan.
2) The project will not have a cumulative impact on the environment. The proposal
does not conflict with additional impacts in terms of traffic generation. The
proposal will provide carport shade structures within an approved parking area.
3) There are no unusual circumstances on the project site. The project site is not
located within a flood zone per the latest FEMA Flood Zone Maps. The project site
is located within an Urban area per Fire Hazard Severity Zone maps available
from the Riverside County Fire Department and depicted in Figure 8.5 on Page
119 of the General Plan. The project site is not identified within an Alquist-Priolo
Fault Zone per the latest maps on file with the California Department of
Conservation; the nearest fault zone is the San Andreas Fault located north of the
Palm Desert City Limits.
4) The project site is not located in proximity to any scenic highway. The nearest
officially designated scenic highway is Highway 74, located approximately 3.26
miles to the southwest of the project site.
5) The project site is not identified as a historic waste site on any list compiled per
Section 65962.5 of the Government Code.
6) The project site does not contain any existing designated historic resource and is
not within a designated historic preservation district.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert as follows:
SECTION 1. The terms of the Power Purchase Agreement and related
agreements are in the best interests of the City.
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SECTION 2. In accordance with Government Code section 4217.12, and based
on data provided by Exhibit A, the City Council, at a duly noticed public hearing, has
made the determination that the anticipated cost to the City for electrical energy
provided by the Power Purchase Agreements will be less than the anticipated cost to
the City of electrical energy that would have been consumed by the City in the
absence of the Power Purchase Agreements.
SECTION 3. The City Council hereby approves the Power Purchase
Agreements in accordance with Government Code section 4217.12.
SECTION 4. The City’s City Manager is hereby authorized and directed to
negotiate such further non-monetary changes and clarifications, as he reasonably
deems necessary, in consultation with the City Attorney, to finalize the Agreements for
execution, and thereafter to execute and deliver the Power Purchase Agreements
following the City Council’s adoption of this Resolution. The City’s City Manager 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.
SECTION 5. The Project is hereby found to be categorically exempt from the
requirements of CEQA pursuant to the Section 15311 Class 11, as described above.
SECTION 6. City staff are hereby authorized to file and process a Notice of
CEQA Exemption for the Project in accordance with CEQA and the State CEQA
Guidelines, and the findings set forth in this resolution.
ADOPTED ON JULY 13, 2023.
_____________________________
KATHLEEN KELLY
MAYOR
ATTEST:
_____________________________
ANTHONY J. MEJIA, MMC
CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-038 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on July 13, 2023, by the
following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ______________.
ANTHONY J. MEJIA
CITY CLERK
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7/14/2023
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