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RES-2009-177RESOLUTION 2009 -177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO SUBMIT SUCH APPLICATIONS ON BEHALF OF THE CITY OF ANAHEIM TO THE CALIFORNIA ENERGY COMMISSION FOR FUNDING UNDER THE MUNICIPAL AND COMMERCIAL BUILDING TARGETED MEASURE RETROFIT PROGRAM FOR PROJECTS THAT ACHIEVE SIGNIFICANT ENERGY SAVINGS, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH ASSISTANCE ON BEHALF OF THE CITY. WHEREAS, the City of Anaheim (the "City ") recognizes that it is in the interest of the regional, state, and nation to stimulate the economy; create and retain jobs; reduce dependency on fossil fuel emissions through increases in energy efficiency and deployment of renewable energy technologies; promote economic vitality through an increase in "green jobs "; improve energy efficiency within the City's jurisdiction; and reduce green house gas emissions; and WHEREAS, State Energy Program ( "SEP ") funds are available through the California Energy Commission ( "CEC ") for activities focused on energy efficiency, energy conservation, renewable energy, and other energy related projects; and WHEREAS, the City is eligible for SEP funding under the CEC Program: Municipal and Commercial Building Targeted Measure Retrofit Program ( "MCR Program "); and WHEREAS, the City of Anaheim, a municipal corporation and charter city, is familiar with the terms, conditions, and limitations of any such applications for funding; and WHEREAS, the City is willing and able to conform to each of the terms, conditions, and limitations imposed upon any such funding to the City; and WHEREAS, the City remains supportive of the ongoing efforts to apply for and accept such allocation of funds through the MCR Program as may be awarded to the City: and WHEREAS, the City proposes to create and implement a lighting retrofit program targeting the hotel, entertainment, and recreational industry sectors as more fully described in Exhibit A ( "Program ") in order to qualify for SEP funds from the California Energy Commission's MCR Program; and WHEREAS, the City Council of the City has considered the requirements of the California Environmental Quality Act ( "CEQA ") and found that the energy efficiency lighting retrofit Program is a project under CEQA and certifies that the adoption of the Program is categorically exempt under the California Environmental Quality Act, in accordance with 14 CCR Section 15301 because it is a program to encourage energy efficiency and help defray the costs associated with lighting retrofit activities where there will be negligible or no expansion of an existing facilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Anaheim hereby finds 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, to the California Energy Commission's Municipal and Commercial Building Targeted Measure Retrofit Program for State Energy Program funds for the Program. 2. The Public Utilities General Manager, or her designee, acting for and on behalf of the City, is hereby authorized and directed to execute any agreements assurances, payment requests, or other documents as may be necessary for the purpose of obtaining the assistance provided by the State Energy Program, including any future documents or any extensions and amendments thereof, and which may be necessary to implement and carry out the purposes specified in the application for the completion of the Program. 3. The City Council of the City of Anaheim hereby agrees to, and by this Resolution, does accept any such funds so awarded to the City of Anaheim up to the amount of $5,000,000 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 funding and /or in -kind contributions specified in the MCR Program. 5. The City of Anaheim hereby agrees to comply with each and all of the terms, conditions, and limitations imposed by the award of such funding. 2 6. The annual budget of the City of Anaheim for Fiscal Years 2009 -2010 and /or 2010 -2011 are hereby amended by increasing the appropriations and authorized expenditures in such amount equal to the amount of funds as may be awarded to the City. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of December , 2009, by the following roll -call vote. AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF AHEIM MAY ?5F THE CIT OF A AHEIM ATTEST: L�_ - CITY CLERK OF THE CITY OF ANAHEIM 75126 3 EXHIBIT A The City of Anaheim proposes to make up to Five Million Dollars ($5,000,000) in financial assistance available to hotel, entertainment, and /or recreational business owners who replace High Intensity Discharge (HID) lighting in their parking lots, structures, stairwells, and common areas, with T5 fluorescent lighting fixtures (the "Project "). This program will also support the replacement of HID lighting in City -owned parking garages. Program funds will also support the replacement of HID lighting at the Anaheim Convention Center. Finally, program funds will be used to support the creation of a marketing program to publicize the energy and cost savings related to the lighting retrofit activities. rd