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Home My WebLink AboutResolution No. UB- 10-C25RESOLUTION NO. 10-C25 RESOLUTION OF THE CITY COUNCIL AND UTILITY BOARD OF THE CITY OF AZUSA MAKING FINDINGS AS A RESPONSIBLE AGENCY UNDER CEQA; APPROVING THE LODI ENERGY CENTER POWER SALES AGREEMENT AND THE PROJECT MANAGEMENT AND OPERATION AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THEM ON BEHALF OF THE AGENCY; AND AUTHORIZING THE UTILITIES DIRECTOR TO DESIGNATE REPRESENTATIVES TO THE LODI ENERGY CENTER PROJECT PARTICIPANT COMMITTEE. WHEREAS, the City of Azusa has elected to participate in the nominal 280 MW Lodi Energy Center (LEC) Project being developed by NCPA, and; .WHEREAS, the City of Azusa's Generation Entitlement Share in the Project is 2.7857% or approximately 7.8 MW, and; WHEREAS, the California Energy Commission (CEC) has approved the project Application for Certification (AFC) on April 21, 2010. The approval by the CEC includes various environmental analyses, findings and mitigation measures under the terms of the Warren-Alquist Act (Public Resources Code section 25500 et seq.). That analysis, the findings, and mitigation measures, constitute the equivalent of an environmental impact report for purposes of the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.) as a "certified regulatory program" pursuant to CEQA Guidelines section 152510). The CEC has acted as the 'lead agency" for this project for purposes of environmental analysis. As a consequence, rather than conducting its own independent environmental analysis under CEQA, Azusa is acting as a "responsible agency" under CEQA and is responsible for considering the analysis, findings and mitigation measures of the CEC and reaching its own independent conclusions on whether and how to approve the LEC Project. (CEQA Guidelines section 15096.), and; WHEREAS, the City of Azusa acting as a responsible agency has independently considered the analysis, findings, and mitigation measures prepared by CEC as reflected in Exhibit A attached to this Resolution, and; WHEREAS, NCPA has prepared a Power Sales Agreement (PSA) which upon execution by all the LEC Project Participants and NCPA will permit financing, construction and operation of the LEC Project, and,- WHEREAS, nd; WHEREAS, the City of Azusa is desirous of NCPA managing and operating the LEC Project on its behalf, and on behalf of other Project participants, and NCPA has prepared a Project Management and Operation Agreement (PMOA) which upon execution by LEC Project Participants and NCPA provides for LEC Project management and operation by NCPA, and; WHEREAS, the City of Azusa acknowledges that the PSA establishes a Project Participant Committee (PPC) which will provide LEC Project governance and to establish, and from time to time revise, directives related to Project capital expenditures, budgets, operations and maintenance, among other items, and that the City of Azusa is to designate an Azusa official responsible for appointing its representative and alternate representative on the PPC; NOW, THEREFORE BE IT RESOLVED, by the City Council and Utility Board of the City of Azusa, as follows: 1. That acting in its capacity as a responsible agency for purposes of the California Environmental Quality Act (CEQA), the Azusa City Council and Utility Board hereby make the findings as provided in Exhibit A of this resolution. The Utilities Director is hereby directed to record a Notice of Determination in the Counties of Los Angeles and San Joaquin reflecting these findings. 2. The Power Sales Agreement as provided in Exhibit B of this resolution and the Project Management and Operation Agreement as provided in Exhibit C of this resolution are hereby approved, and the Mayor of the City of Azusa is hereby authorized to execute them on behalf of the City of Azusa. 3. The Director of Utilities is hereby designated as the City of Azusa official responsible for appointing, and from time to time replacing, the City of Azusa's representative and alternate representative on the PPC, and designating such representatives to NCPA. 4. The City Clerk shall certify the adoption of this Resolution. PASSED, ADOPTED and APPROVED this 26h day of April 2010. " - /losepli R. Rocha, Mayor ATTEST: Vera Mendoza, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 10-C25 was duly adopted by the City Council/Utility Board of the City of Azusa at a regular meeting of the Azusa Utility Board on the 26th day of April, 2010. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE I:\�.�f► IIICK�liJ��T�i�IuT:3:l�.��]�L:J Vera Mendoza, City Clerk EXHIBIT A ENVIRONMENTAL FINDINGS The City of Azusa makes the following findings pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000 et seq., and the Guidelines implementing CEQA ("CEQA Guidelines") Code of Regulations, title 14, section 15000 et seg. 1. The California Energy Commission ("CEC") is the lead agency for this Project under CEQA. 2. The CEC is a certified regulatory agency pursuant to CEQA section 21080.5 and CEQA Guidelines sections 15250 — 15253. 3. As a certified regulatory agency, rather than an Environmental Impact Report ("EIR" ), the CEC prepares an "EIR substitute" as the CEQA documentation for the Project. 4. The CEC's EIR substitute for this Project includes the Presiding Member's Proposed Decision (PMPD) released on March 10, 2010 (ATTACHMENT 1), and ERRATA to the PMPD dated April 20, 2010 (ATTACHMENT 2), as approved by the CEC on April 21, 2010. 5. The City of Azusa is a responsible agency for the Project under CEQA. 6. The City of Azusa finds that the PMRD and the CEO's process meet all of the conditions of CEQA Guidelines section 15253 that would allow the City of Azusa to use and rely upon the PMRD as the appropriate CEQA documentation for the City of Azusa's approvals. Specifically, the City of Azusa finds that: a. The CEC is the first to grant a discretionary approval for the Project. b. The CEC provided Azusa the opportunity to consult with the CEC and to comment on the PMRD. c. The PMRD considers both the significant environmental impacts of the Project that are within the jurisdiction of the City of Azusa, if any, and considers alternatives to the Project. d. The CEC exercised its powers as lead agency by considering all of the environmental impacts of the Project and made the appropriate findings pursuant to CEQA Guidelines section 15091 for each significant impact of the Project. 7. The City of Azusa has considered the PMRD and the environmental impacts of the Project described in the PMRD, pursuant to CEQA Guidelines 15096 subdivision (f). 8. The PMRD concludes that, as conditioned, the Project will not have any significant adverse effects on the environment. Thus, pursuant to CEQA Guidelines 15096 subdivision (g), the City of Azusa finds that there are no alternatives or mitigation measures within the powers of the City of Azusa to adopt that would substantially reduce or avoid any significant environmental impact of the Project. 9. Pursuant to CEQA Guidelines 15096 subdivision (h), the City of Azusa, is required to make findings pursuant to CEQA Guidelines section 15091 for each significant impact of the Project. The City of Azusa has considered the PMRD, the description of the Project's environmental impacts contained therein, the findings of fact and conclusions of law contained therein, and the conditions of certification contained therein, and, exercising its independent judgment, the City of Azusa finds the following: a. For all environmental impacts of the Project, changes or alterations have been required in, or incorporated into, the Project which will avoid or substantially lessen the significant environmental effects as identified in the PMRD. b. These findings are supported by substantial evidence in the record. c. The conditions of certification imposed on the Project by the CEC are within the authority of the CEC and will be monitored and enforced by the CEC. 10. That approval of both the Power Sales Agreement and Project Management and Operation Agreement, providing for the financing, construction and operation of the Project have no impacts on the environment not addressed within the prior CEC analysis ATTACHMENT 1 TO EXHIBIT A Lodi Energy Center Presiding Member's Proposed Decision California Energy Commission March 10, 2010 On file at the following locations: City Clerk's Office 213 E. Foothill Blvd. Azusa, CA 91702 Azusa City Library 729 N. Dalton Ave. Azusa, CA 91702 Azusa Light & Water 2"a Floor Receptionist Desk 729 N. Azusa Ave. Azusa, CA 91702 ATTACHMENT 2 TO EXHIBIT A Lodi Energy Center ERRATA to the Presiding Member's Proposed Decision April 20, 2010 On file at the following locations: City Clerk's Office 213 E. Foothill Blvd. Azusa, CA 91702 Azusa City Library 729 N. Dalton Ave. Azusa, CA 91702 Azusa Light & Water 2nd Floor Receptionist Desk 729 N. Azusa Ave. Azusa, CA 91702 EXHIBIT B Lodi Energy Center Power Supply Agreement On file at the following locations: City Clerk's Office 213 E. Foothill Blvd. Azusa, CA 91702 Azusa City Library 729 N. Dalton Ave. Azusa, CA 91702 Azusa Light & Water 2"d Floor Receptionist Desk 729 N. Azusa Ave. Azusa, CA 91702 EXHIBIT C Lodi Energy Center Project Management and Operations Agreement On file at the following locations: City Clerk's Office 213 E. Foothill Blvd. Azusa, CA 91702 Azusa City Library 729 N. Dalton Ave. Azusa, CA 91702 Azusa Light & Water 2"d Floor Receptionist Desk 729 N. Azusa Ave. Azusa, CA 91702