6205ORDINANCE NO. 6205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE POWER SALES AGREEMENT
BETWEEN THE SOUTHERN CALIFORNIA PUBLIC POWER
AUTHORITY AND THE CITY FOR THE LA PAZ SOLAR
TOWER PROJECT.
WHEREAS, pursuant to the provisions relating to the joint exercise of powers
found in Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as
amended (the "Joint Powers Act "), the City of Anaheim (the "City ") and certain other public
bodies (collectively, the "Members ") have entered into a Joint Powers Agreement, as amended
(the "Joint Powers Agreement "), which creates the Southern California Public Power Authority
( "SCPPA "), a public entity separate and apart from the Members; and
WHEREAS, pursuant to the terms of the Joint Powers Act and the Joint Powers
Agreement, SCPPA has the power, for the purpose of promoting, maintaining and operating
electric generation and transmission on behalf of its Members, to plan, develop, contract for,
finance, acquire, design, undertake, own, construct, operate, and administer projects involving
systems, methodologies and programs for the acquisition, supply, procurement and delivery of
secure, long -term reliable supplies of renewable electric energy, and to cause such projects to be
planned, developed, contracted for, financed, acquired, designed, constructed, operated,
maintained, and administered and to provide by agreement for the performance and carrying out
of any such activities; and
WHEREAS, the City has need for a long -term source of renewable energy to
satisfy the City's renewable portfolio standard requirements and desires to ensure the reliable
delivery of solar energy to fulfill a portion of these requirements; and
WHEREAS, SCPPA and certain of its Members, to wit, currently the Cities of
Anaheim, Azusa, Burbank, Glendale, Pasadena, Riverside, and Banning (collectively, the
"Project Participants ") have investigated the feasibility of the purchase of solar electric capacity
and energy and the acquisition and development of solar energy and related facilities in order to
provide a long -term supply of renewable energy to meet a portion of the electrical generation
needs of the Project Participants while also helping them meet policy and regulatory goals for
increasing the amount of electricity obtained from renewable energy resources; and
WHEREAS, SCPPA and the Project Participants have identified a solar energy
facility known as the La Paz Solar Tower Project (the "Project "), that will be owned by
EnviroMission (USA), Inc., a Delaware corporation ( "EnviroMission ") and an affiliate of
EnviroMission Limited. The Project is to have a nameplate capacity of 200 MW and is to be
located in western La Paz County, Arizona. The Project will include the siting, construction, and
installation of the solar tower facility containing, among other things, thirty -two 6.25 MW
pressure - staged turbine generators. SCPPA desires to acquire a major portion of the electric
capacity and energy of the Project from EnviroMission, and each Project Participant desires to
obtain electric capacity and associated energy and environmental attributes of the Project from
SCPPA pursuant to a La Paz Solar Tower Project Power Sales Agreement between SCPPA and
such Project Participant (the "Power Sales Agreement "); and
WHEREAS, SCPPA proposes to enter into a Power Purchase Agreement with
EnviroMission (the "Power Purchase Agreement ") to provide, among other things, for the
purchase by SCPPA of approximately 88 MW of capacity and associated energy and
environmental attributes from the Project. The form of the Power Purchase Agreement is
attached as an Appendix to the Power Sales Agreement; and
WHEREAS, the Power Purchase Agreement also provides for SCPPA and
EnviroMission to enter into an Option Agreement providing SCPPA with options to purchase a
percentage ownership interest in the Project equivalent to the percentage of the capacity of the
Project purchased by SCPPA under the Power Purchase Agreement. Exhibits to the Option
Agreement include the forms of a Participation Agreement (the "Participation Agreement ") and a
Project Operation and Maintenance Agreement (the "Project O &M Agreement ") which are to be
entered into by SCPPA with EnviroMission if SCPPA exercises its purchase option. The
Participation Agreement and the Project O &M Agreement provide for the management and
operation of the Project by SCPPA and EnviroMission as co- owners; and
WHEREAS, in the event that it exercises its option to purchase such ownership
interest in the Project, SCPPA would issue its bonds to finance the cost of acquisition of such
ownership interest; and
WHEREAS, the Power Sales Agreement provides for the purchase by a Project
Participant from SCPPA of a designated amount of Project capacity and the associated energy
and environmental attributes, whether such purchase be from the capacity and associated energy
and environmental attributes of the Project purchased by SCPPA under the Power Purchase
Agreement, or, if SCPPA exercises its option to purchase the ownership interest in the Project,
from the capacity and associated energy and environmental attributes supplied from SCPPA's
ownership interest in the Project. Under the terms of each Power Sales Agreement the
designated amount of a Project Participant's Capacity Amount, Output Entitlement Share or Cost
Share (as defined therein) may be increased or decreased by up to 50% but only subject to the
conditions set forth in the Power Sales Agreement, including the approval by the representative
of such Project Participant on the Project Coordinating Committee established pursuant to the
Power Sales Agreement (the "Project Coordinating Committee ") and the approval of the SCPPA
Board of Directors; and
WHEREAS, for its purchase of Project capacity and associated energy and
environmental attributes, a Project Participant is to pay to SCPPA on a take or pay basis its share
of SCPPA's costs with respect to the Project (including debt service on SCPPA bonds if SCPPA
should acquire the ownership interest in the Project), all in accordance with the terms of the
Power Sales Agreement; and
81850.1790202074.2 (Anaheim)
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WHEREAS, there has been submitted to this City Council the form of the Power
Sales Agreement by and between SCPPA and the City of Anaheim for the purchase of 10 MWs
of Project capacity and associated energy (subject to adjustment in accordance with the terms of
the Power Sales Agreement), including as an Appendix thereto, the form of the Power Purchase
Agreement with the form of Option Agreement attached as Appendix J to the Power Purchase
Agreement and the forms of the Participation Agreement and Project O &M Agreement attached
as Exhibits to the Option Agreement (the `'Anaheim Power Sales Agreement "); and
WHEREAS, the City Council of the City of Anaheim finds and determines that it
is in the best interests of the City and its residents to purchase Project capacity and the associated
energy and environmental attributes from SCPPA pursuant to the Anaheim Power Sales
Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
The City Council hereby approves the Anaheim Power Sales Agreement,
including all Appendices and attachments thereto, between the City and SCPPA with respect to
the La Paz Solar Tower Project, in substantially the form submitted to the Council.
Section 2.
The Public Utilities General Manager is hereby authorized to execute and deliver
the Anaheim Power Sales Agreement, with such changes, insertions and omissions as shall be
approved the General Manager (such approval to be conclusively evidenced by such execution),
and the City Clerk is hereby authorized to attest to such execution.
Section 3.
The Public Utilities General Manager is further authorized to execute and deliver
any and all other documents and instruments and to do and cause to be done any and all acts and
things necessary or advisable for carrying out the responsibilities and transactions under the
Anaheim Power Sales Agreement as contemplated by this Ordinance, which shall include,
without limitation, (i) authorization for the Public Utilities General Manager to direct the
representative of the City appointed to the Project Coordinating Committee to approve
adjustments of the Project capacity to be purchased by the City as provided for under the
Anaheim Power Sales Agreement (or to approve such adjustment herself, should the Public
Utilities General Manager be the City's appointed representative to the Project Coordinating
Committee), and (ii) authorization to execute and deliver any agreements, documents and
instruments necessary to carry out the City's participation and responsibilities under the
Anaheim Power Sales Agreement. In addition, the Public Utilities General Manager is further
authorized to procure, on such terms and conditions as the Public Utilities General Manager
deems advantageous to the City, energy, capacity, transmission services, and ancillary services
necessary or useful for purposes of firming, shaping, regulating, transmitting, and delivering to
the City's electric system the Project energy purchased by the City from SCPPA.
81850.1190202074.2 (Anaheim)
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Section 4.
Should the Public Utilities General Manager be absent or otherwise not available
to execute and deliver the agreements, documents, or instruments or to carry out the other
responsibilities provided by or authorized in this Ordinance, then any Public Utilities Assistant
General Manager shall be authorized to act in her stead.
Section 5.
If any part of this Ordinance is held to be invalid for any reason, such decision
shall not affect the validity of the remaining portion of this Ordinance, and this City Council
hereby declares that it would have passed the remainder of this Ordinance, if such invalid portion
thereof has been deleted.
gPrtinn 1�
The City Clerk shall certify to the enactment of this Ordinance and shall cause
this Ordinance to be published after adoption as required by law for ordinances of the City
generally.
gaotinn 7
Unless a petition shall be filed requiring that this Ordinance be submitted to
referendum, thirty (30) days from and after its enactment this Ordinance shall take effect and be
in full force, in the manner provided by law.
Section 8.
Neither the adoption of this Ordinance nor the repeal of any other ordinance of
this City shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof.
81850.1/90202074.2 (Anaheim)
4
Section 9.
This Ordinance shall become operative on its effective date.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 8th day of March , 2010, and
thereafter passed and adopted at a regular meeting of said City Council held on the 22nd day of
March , 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway, Murray
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CITY A EIM
MAYOR OF THLI CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF NAHEIM
81850.1/90202074.2 (Anaheim)
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AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above - entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A -21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
March 31, 2011
" I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct':
Executed at Santa Ana, Orange County,
California, on
Date: March 31, 2011
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796 -2209
Proof of Publication of
SUMMARY PUBLICATION
CRYpF ANAHEIM ,
ORDINANCE NO.6205
AN ORDINANCE OF THE CRY COUNCIL OF THE CIT`! OF ANA-
HEIM APPROVING THE. POW SALES AGREEMENT BE-
O N THE SOUF N CALIFORNIA PUBLIC POWER AU.
ITY AND THE OF ANAHEIM FOR THE LA PAZ SO-
OWER PROJECT.
This Ordinance approves the 30 year P6WW Sales including all appendi
E and attachments fhareto,,by and between Southern s of the Rower Purotraae Agreemerd beawe!err by and beNnen Southern CaOfomie
Public Power AuthrxitY'artd EnwroMmsion jUSA). The Project is to have a nameplate ca-
pacity of 200 tuIVY and tg to be located kr:western La Raz Count'. Arizona.
I, Linda N. ArKkd City Clerk of the City( of =h certify that the forego -
m is a of tirdinanoe No. 8205,..whick ordinary w introduced at a regular
eeting of� CouncO of the City of Anaheim on the 8th day of Mardi, 2011 and was
duly passed and adopted a regular rnastirp Pf eakl Courld on the 22nd day of Match,
20 y the fo0owarg.roll call vote of tfts members thereof
AYES: Mayor Twit, Cound Mambas Sidhu, EeetrnitA "00—ay, Murray
NOES: , NONE
ABSENT: NONE j
ABSTAIN: NONE
The above is a brief description of #0 subject matter contained in the text
of Ordinance N4. 62o§ ich has been p*- )vd.pureuent to Section 512 of the Charter of
the City of Anaheim . ,
sun does not inckWe pr describe every provision of the Or-
dinance and sn oWd rube relied on as a substitute for the full text of the, Ordinance.
To obtain a copy of the full twd of Ordinance No. 6205 please contact the Office of
the City Clerk.
e for ifro ma (714) 765 , ' boWseri 8:00 AM and 5:00 PM, Monday through FrkW_
There is 5186 " ` +
Pulbibfh 31.2011
PROOF OF PUBLICATION