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RES-2009-156RESOLUTION NO. 2009 - 156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER OR HER DESIGNEE TO SUBMIT SUCH APPLICATIONS ON BEHALF OF THE CITY OF ANAHEIM TO THE CALIFORNIA ENERGY COMMISSION FOR ALL AVAILABLE COST SHARE MATCHING GRANT FUNDING UNDER THE PUBLIC INTEREST ENERGY RESEARCH PROGRAM, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH ASSISTANCE ON BEHALF OF THE CITY. WHEREAS, funds are available through the California Energy Commission's (CEC) Public Interest Energy Research (PIER) Program for current and future research - related American Recovery and Reinvestment Act of 2009 (ARRA) Cost Share funding opportunities; and WHEREAS, the City of Anaheim is committed to realizing potential benefits from projects in the energy research and development fields that are eligible for ARRA funds and PIER Cost Share matching funds and seeks to submit such applications as are appropriate to participate in PIER Cost Sharing opportunities (Grant), which if successful will provided funding for the installation of 1.5 megawatts of photovoltaic (PV) power on the roof of the City of Anaheim Convention Center and 500 kilowatt energy storage system (Convention Center Solar System and Energy Storage System Project); and WHEREAS, the City of Anaheim, a municipal corporation and charter city (the "City "), is familiar with the terms, conditions, and limitations of any such Grant; and WHEREAS, the City is willing and able to conform to each of the terms, conditions, and limitations imposed upon any such Grant to the City; and WHEREAS, the City remains supportive of the ongoing efforts to apply for and accept such allocation of funds through the PIER Program as may be awarded to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The Public Utilities General Manager, or her designee, is hereby authorized to submit applications for and on behalf of the City of Anaheim, a public entity established under the laws of the State of California, for the Convention Center Solar System and Energy Storage System Project. 2. The Public Utilities General Manager, or her designee, is hereby authorized and directed to execute any agreements, assurances, payment requests, or other documents, including but not limited to a Grant Agreement, as may be necessary for the purpose of obtaining assistance provided by the Grantor, including any extensions and amendments thereof, and which may be necessary for the completion of the Convention Center Solar System and Energy Storage System Project. 3. The City Council of the City of Anaheim hereby agrees to, and by this Resolution, does accept any such Grant so awarded to the City of Anaheim without further action of the City Council of the City of Anaheim being required therefore. 4. The City Council of the City of Anaheim hereby agrees to, and by this Resolution, attests that the City has the capability to provide the amount of funding and/or in -kind contributions specified in the Grant funding plan. 5. The City of Anaheim hereby agrees to comply with each and all of the terms, conditions, and limitations imposed by the Grantor upon said Grant. 6. The annual budget of the City of Anaheim for Fiscal Year 2009 -10 is hereby amended by increasing the appropriations and authorized expenditures in such amount equal to the amount of Grant funds to be received by the City. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of September , 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF NAHEIM MA OR OF THE CZ7 OT ANAHEIM ATTEST: K L I 42�� CITY CLERK OF THE CITI OF ANAHEIM 74185.3