File #: 19-0640    Version: 1
Type: Agenda Item Status: Approved
File created: 4/11/2019 In control: Board of Supervisors
On agenda: 4/30/2019 Final action: 4/30/2019
Title: HEARING - Chief Administrative Office, Facilities Division, recommending the Board: 1) Conduct a public hearing to adopt findings pursuant to Government Code 4217.12 regarding anticipated energy cost savings and other benefits the County shall receive as a result of the power purchase agreements and related agreements; 2) Find that the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent is anticipated to be offset by below-market energy purchases or other benefits provided under the energy service contract, pursuant to Government Code 4217.12; 3) Authorize the Chair to sign the Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT) Solar Facility Sublease Agreement and the Subordination, Non-Disturbance and Attornment Agreement, contingent upon USDA approval; and 4) Authorize the Chair to sign the Net Energy Metering Solar Facility Sublease Agreement and the Subordination, Non-Disturbance and Attor...
Attachments: 1. A - Sublease NEM Agmt, 2. B - Sublease RESBCT Agmt, 3. C - Subordination NEM Agmt, 4. D - Subordination RESBCT Agmt, 5. E - 4217 Notice
Related files: 19-0404, 19-0239, 18-1645, 18-1228
Title
HEARING - Chief Administrative Office, Facilities Division, recommending the Board:
1) Conduct a public hearing to adopt findings pursuant to Government Code 4217.12 regarding anticipated energy cost savings and other benefits the County shall receive as a result of the power purchase agreements and related agreements;
2) Find that the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent is anticipated to be offset by below-market energy purchases or other benefits provided under the energy service contract, pursuant to Government Code 4217.12;
3) Authorize the Chair to sign the Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT) Solar Facility Sublease Agreement and the Subordination, Non-Disturbance and Attornment Agreement, contingent upon USDA approval; and
4) Authorize the Chair to sign the Net Energy Metering Solar Facility Sublease Agreement and the Subordination, Non-Disturbance and Attornment Agreement, contingent upon USDA approval. (Est. Time: 30 Min.)

FUNDING: Components of the agreements provide cost reimbursement to the County over a 25 year period.
Body
DISCUSSION / BACKGROUND
On March 5, 2019, the Board was provided four Power Purchase Agreements (PPAs) and Cost Reimbursement Agreements (CRAs) options regarding the County’s Solar Project. The Board directed staff to implement Option C which preserves the northerly buildable approximate 2 ½ acres for a County building not presently identified and construct a smaller solar farm on the southerly portion including additional carport arrays on the Public Safety Facility southern parking lot.

On March 19, 2019, the Board approved the PPAs and CRAs regarding both the RES-BCT and NEM solar programs and adopted Resolution No. 031-2019 making the required finding pursuant to California Government Code sections 4217.10 to 4217.1: Find that the anticipated cost to the County for thermal or electrical energy ...

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