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03/23/2015 WHEREAS, City staff has reviewed the project and determined that it is statutorily exempt from the provisions of CEQA pursuant to California Public Resources Code Section 21080.35, and is further categorically exempt from the provisions of CEQA per Sections 15301 and 15303 of Title 14 of the California Code of Regulations; and WHEREAS, California Government Code Section 4217.12, authorizes public agencies, including the City, to enter into an energy service contract when the anticipated cost of the conservation services provided by the alternative energy equipment will be less than the anticipated marginal cost of energy that would have been consumed in the absence of the project; and WHEREAS, City staff has determined that the cost of energy after completion of the project will be less than the cost of energy that would have otherwise been without this project, and that therefore, this project can be accomplished under the authority of California Government Code 4217 et seq.; and WHEREAS, City conducted a public hearing pursuant to California Government Code Section 4217.12 to consider entering into an energy service contract with CEI Solar One, LLC with public notice of this hearing being provided at least finro weeks prior to the date of the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF REDWOOD CITY, AS FOLLOWS: Section 1. The solar array systems to be installed at Red Morton Community Center on the rooftop and carport qualify as "alternate energy equipment" as that term is defined in Government Code Section 4217.11(a). Section 2. The solar arrays to be installed at Red Morton Community Center include acquisition, design, construction, and installation of equipment that reduces energy use or makes for a more efficient use of energy and thereby qualifies as "conservation measures" as that term is defined in Government Code Section 4217.11 (c). Section 3. The construction and installation of the solar arrays at the Red Morton Community Center, which will generate energy savings, are "conservation services" as that term is defined in Government Code section 4217.11 (d). Section 4. The proposed contract between the City and CEI Solar One, LLC for the sale of solar energy to the City (entitled as a Power Purchase Agreement) qualifies as an "energy service contract" as that term is defined in Government Code 4217.11(fl. Section 5. The Grant of Access Rights entered into by the City and CEI Solar One, LLC to install, operate and maintain the solar arrays on City property at the Red ATTY/RES0.3054/CC RESO APPROVING CONTRACT FOR PPA RESO.#15396 REV:03-20-15 MLG MUFF#304 Page 2 of 3