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HomeMy WebLinkAboutCC Resolution 14655 (City Hall Solar)1 RESOLUTION NO. 14655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE POWER PURCHASE AGREEMENT AMENDMENT NO. 1 WITH SOLED SOLAR HOLDINGS V, LLC FOR THE SAN RAFAEL CITY HALL SITE WHEREAS, the City Council of the City of San Rafael recognizes the importance of local action and on April 6, 2009, adopted a Climate Change Action Plan with the goal of reducing greenhouse gases by 25% by 2020 and 80% by 2050; and WHEREAS, on February 4, 2013, the City Council adopted Resolution No. 13484, supporting the goals and ongoing implementation of the City’s Climate Change Action Plan including a pledge to establish operational practices that maximize the use of clean and renewable energy; and WHEREAS, in furtherance of the goals of the Climate Change Action Plan, on August 18, 2014, the City Council adopted Resolution No. 13791 approving a form of Power Purchase Agreement for solar photo voltaic projects to be executed for individual projects on six City sites with SolEd Benefit Corporation, and the City has since then completed the installation of solar photo voltaic systems at four City sites; and WHEREAS, on March 19, 2018 the City Council of the City of San Rafael adopted Resolution No. 14482 authorizing the City Manager to execute a Power Purchase agreement with SolEd Solar Holdings V, LLC, the managing member of which is SolEd Benefit Corp, for the San Rafael City Hall site, with minor modifications to the original agreement to reflect current energy rates, equipment modifications and other miscellaneous minor changes (the “City Hall PPA”); and WHEREAS, over the past year, the City has been making improvements to City Hall to prepare for the installation of a solar voltaic system; and WHEREAS, Section 9 of Exhibit 4 of the City Hall PPA provides that when there are changes in law that have a material adverse effect on the cost to Seller of performing its obligations, then the parties to the agreement will meet in good faith to negotiate amendments to the agreement that are reasonably necessary to preserve the economic value of the agreement to both parties; and WHEREAS, in October 2018 SolEd Benefit Corp notified the City of material changes in law and requested negotiation of certain alternate terms in the City Hall PPA to preserve the economic value of the agreement to both parties; and WHEREAS, after negotiation, SolEd Benefit Corp requests, and City staff recommends, that the City Council approve an amendment of the City Hall PPA in the form attached hereto as Exhibit A; and WHEREAS, California Government Code section 4217 authorizes a public agency to enter into an energy service contract that its governing body determines is in the best interests of the public agency if the determination is made at a regularly scheduled public hearing, public notice of which is given at least two weeks in advance; and 2 WHEREAS, pursuant to Government Code section 4217, the City Council conducted a public hearing on April 2, 2019 and has determined that findings can be made that the projected anticipated cost for solar energy services for City Hall under the City Hall PPA, amended as requested by SolEd Benefit Corp, will be less than the anticipated marginal cost of energy that would have been consumed by the City in the absence of this purchase, and that amendment of the City Hall PPA as requested is in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute “Amendment No. 1 to Solar Purchase Agreement, approved March 19, 2018” with SolEd Solar Holdings V, LLC, the managing member of which is SolEd Benefit Corp, attached hereto as Exhibit A and incorporated herein by reference, subject to final approval as to form by the City Attorney. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Tuesday, the 2nd of April 2019, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin Lindsay Lara, City Clerk