The following letter was sent to members of the Davis City Council today.
We respectfully request that the Mayor and Council place an item on tonight’s or a future council meeting agenda to reconsider its approval of Item 9 of the March 24, 2020 Solar Lease decision. In its reconsideration we believe Council should (1) direct staff to research the fiscal, legal and business issues identified in this letter, and (2) pending the results of that research, rescind Council’s approval of the Item 9 resolution to allow the City Manager to execute the Lease Option Agreement and Term Sheet (collectively, the “Agreement”) with BrightNight that will “give the solar energy company an Option to Lease up to 235 acres of city-owned land near the City’s Wastewater Treatment Plant on County Road 28H for a Commercial Solar Farm and Solar Energy Testing Facility.”
Our review of the Agreement to date has uncovered serious concerns which we believe have not been fully considered by the City, and that the resolution and lease, as written, establish a legal arrangement that is harmful and disadvantageous to the City and residents in several respects. We, individually and collectively, stand ready to work with staff to facilitate their research of these issues. We are preparing a detailed document fleshing out each issue, which will be available shortly on request.
In summary, the issues are as follows: