City Council

7. rPlanet Earth Los Angeles, LLC - Request to Consider Items Regarding Added\nFacilities for Electric Service and Electric Consumption Hurdle Escrow Funds\nRecommendation:\nA. Find the action is categorically exempt from California Environmental Quality Act (CEQA)\nreview, in accordance with CEQA Guidelines section 15060(c)(3), because it constitutes\ngovernment fiscal activities that do not involve any commitment to any specific project that\nmay result in a potentially significant physical impact on the environment and organizational\nor administrative activities of a public agency that will not result in direct or indirect physical\nchanges in the environment. Moreover, adoption of the Resolution does not qualify as a\n"project" because it does not have the potential to result in either a direct, or reasonably\nforeseeable indirect, physical change in the environment, in accordance with CEQA\nGuidelines section 15378(a);\nB. Authorize the proposed request for Disbursement No. 3 to the existing Added Facilities\nAgreement with rPlanet Earth Los Angeles, LLC, in substantially the same form as\nsubmitted, for electric service delivery in the amount of $416,610.27; and\nC. Adopt Resolution No. 2023-22 amending the Escrow Agreement, agreement regarding\nAssignment and Assumption of Purchase and Sale Agreement, and Added Facilities\nAgreement to release remaining escrow funds for Added Facilities, in the estimated amount\nof $813,915.40 plus accrued interest, and to waive the final electric consumption hurdle of\neight (8) megawatts (MW) and release the final deposit of $441,613.98 plus accrued interest\nfrom the Consumption Hurdle Escrow Account.