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8.A. - Page 7 <br /> Resources Code Section 21080.35, and is further categorically exempt from the <br /> provisions of CEQA per Sections 15301 and 15303 of Title 14 of the California <br /> Code of Regulations; and <br /> WHEREAS, California Government Code Section 4217.12, authorizes public <br /> agencies, including the City, to enter into an energy service contract when the <br /> anticipated cost of the conservation services provided by the alternative energy <br /> equipment will be less than the anticipated marginal cost of energy that would <br /> have been consumed in the absence of the project; and <br /> WHEREAS, City staff has determined that the cost of energy after completion of <br /> the project will be less than the cost of energy that would have otherwise been <br /> without this project, and that therefore, this project can be accomplished under <br /> the authority of California Government Code 4217 et seq.; and <br /> WHEREAS, City conducted a public hearing pursuant to California Government <br /> Code Section 4217.12 to consider entering into an energy service contract with <br /> CEI Solar One, LLC with public notice of this hearing being provided at least two <br /> weeks prior to the date of the hearing. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY <br /> OF REDWOOD CITY, AS FOLLOWS: <br /> Section 1. The solar array systems to be installed at Red Morton <br /> Community Center on the rooftop and carport qualify as "alternate energy <br /> equipment" as that term is defined in Government Code Section 4217.11(a). <br /> Section 2. The solar arrays to be installed at Red Morton Community <br /> Center include acquisition, design, construction, and installation of equipment that <br /> reduces energy use or makes for a more efficient use of energy and thereby <br /> qualifies as "conservation measures" as that term is defined in Government Code <br /> Section 4217.11 (c). <br /> Section 3. The construction and installation of the solar arrays at the <br /> Red Morton Community Center, which will generate energy savings, are <br /> "conservation services" as that term is defined in Government Code section <br /> 4217.11 (d). <br /> Section 4. The proposed contract between the City and CEI Solar One, <br /> LLC for the sale of solar energy to the City (entitled as a Power Purchase <br /> Agreement) qualifies as an "energy service contract" as that term is defined in <br /> Government Code 4217.11(f). <br /> Section 5. The Grant of Access Rights entered into by the City and CEI <br /> Solar One, LLC to install, operate and maintain the solar arrays on City property <br /> at the Red Morton Community Center is a "facility ground lease" as that term is <br /> defined in Government Code Section 4217.11(h). <br /> ATTY/RESO.3054/CC RESO APPROVING CONTRACT FOR PPA <br /> REV:03-10-15 MLG <br /> Page 2 of 3 <br />