RESOLUTION NO. 2023- ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE PUBLIC UTILITIES GENERAL
MANAGER OR DESIGNEE S TO SUBMIT, ON BEHALF OF THE
CITY OF ANAHEIM , APPLICATIONS FOR ANY AND ALL
FEDERAL, STATE, AND/OR LOCAL GRANTS AND REBATES TO
FUND UPGRADES, IMPROVEMENTS, PLANS, PROGRAMS , OR
INNOVATIVE TECHNOLOGICAL ADVANCEMENTS TO THE
CITY OF ANAHEIM ’S ELECTRIC AND WATER UTILITIES
INFRASTRUCTURE, OPERATIONS, EQUIPMENT, AND
TECHNOLOGY SYSTEMS; TO ACCEPT SUCH GRANT AND
REBATE FUNDING AS AWARDED AND PROVIDE MATCHING
FUNDS, WHERE APPLICABLE ; AND TO TAKE SUCH ACTIONS
IN FURTHERANCE OF SUCH GRANTS AND REBATES ,
INCLUDING THE EXECUT ION OF ANY AGREEMENTS AN D
OTHER DOCUMENTS NECESSARY OR ADVISABLE IN THE
FURTHERANCE OF THE RECEIPT OF SUCH GRANTS AND
REBATES; AND DETERMINING THAT THIS RESOLUTION IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (“CEQA”) PURSUANT TO SECTIONS 15004(b)(4),
15060(c)(2)-(3), 15061(b)(3), 15352(a), AND 15378(b) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS.
WHEREAS, the City of Anaheim (“Anaheim” ) operates and maintains an electric - generation, sub-transmission, and distribution system for the furnishing of electricity to re sidents and businesses of Anaheim and has adopted the Electric Rates, Rules and Regulations for the sale and distribution of electricity; and
WHEREAS, Anaheim operates and maintains a water -production, transmission, and distribution system for the distribu tion of water to residents and businesses of Anaheim and has adopted Water Rates, Rules and Regulations for the sale and distribution of water; and WHEREAS, the Anaheim Public Utilities Department (“APU”) is a publicly owned utility that seeks opportunitie s to minimize administrative and fiscal burdens for the benefit of its customers, while remaining in a position to maintain high service reliability; and WHEREAS, Anaheim is eligible to receive various federal, s tate, and /or local funding grants and rebates to offset the cost of development , maintenance, and /or modernization of its electric and water utilities infrastructure, operations , equipment, technology systems, and sustainable resources and supplies; to develop planning and feasibility studies; to develop and implement efficiency programs; and to promote workforce development opportunities (“ Utility Grants”); and
WHEREAS, APU proactively seeks grant and rebate opportunities for Utility Grants for which Anaheim may be eligible; and
2 WHEREAS, the Federal g overnment recently passed acts that have created and are continuing to create new sources of funding for Utility Grants. These federal acts include, among others, the Inflation Reduction Act of 2022, the Infrastructure Investment and Jobs Act , and the American Rescue Plan Act of 2021, which acts have in turn resulted in the creation of various state and local programs that are designed to implement and distribute federal grant funding for, among other things, Utility Grants. The State of California has also separately passed various state bills that provide funding for Utility Grants, such as A ssembly Bills (“AB”) 128, 148, 205, 209, and 211 and Senate Bills (“SB”) 129 and 200. These and other federal, state, and l ocal laws and programs are collectively referred to as “Grant Sources”; and WHEREAS, the Grant Sources provide funding for diverse utility-infrastructure and program management improvements, such as : grid resiliency and/or innovation, smart grids, hardening of electric transmission and distribution infrastructure , overhead sub-transmission and distribution line undergrounding, development of innovati ve transmission and distribution systems, integration of renewable energy , integration of smart technologi es, electric vehi cle infrastructure, demand-side management, improvements to water and wastewater infrastructure, water storage, solar integration in water infrastructure, water recycling production and infrastructure, water treatment, replacement of water mains, water use efficiency and conservation programs, automated water metering, and leak detection technology and programs; and WHEREAS, the Grant Sources are administered by various f ederal, state, and l ocal agencies. Federal agencies include, among others, the Department of Energy, the Office of Energy Efficiency and Renewable Energy, the Federal Energy Regulatory Commission, the Department of Transportation, and the United States Department of the Interior, Bureau of Reclamation. State agencies include, among others, the California Energy Commission, the State Water Resources Control Board, the Department of Water Resources , and the California Air Resources Board .
Local agencies include, among others, The Metropolitan Water District of Southern California, the Santa Ana Watershed Project Authority, Orange County Water District, and The Municipal Water District of Orange County . Together, these f ederal, state, and l ocal agencies are referred to as “Grantors” or “Grantor”; and
WHEREAS, Anaheim desires to apply to the Grantors for consideration to receive Utility Grants for which Anaheim is eligible in order to offset APU’s costs and improve service to its customers; and
WHEREAS, Anaheim would agree to provide matching funds, where applicable, as required by the Grant Sources; and
WHEREAS, the procedure to apply for and receive Utility Grants often involves a multi- stage application process with short deadline s and no grace periods. T ypically, Anaheim must demonstrate eligibility and merit by preparing and submitting detailed economic, project, and infrastructure reports and studies, which preparation often requires assistance by experts and consultants retained by Anaheim. Often, Anaheim must also execute agreements, assignments, certifications, assurances, affidavits, and other documents in order to receive Utility Grants; and WHEREAS, the multi-stage application process for many Utility Grants requires Anaheim 3 to quickly make decisions, retain consultants, and execute necessary documents in order to meet application deadlines set by federal, state, and local rules and regulations. These tight deadlines often make it extremely difficult for the City Council to timely review and approve all necessary actions, resulting in the loss of rebate and/or grant opportunities; and WHEREAS, the City Council desires to delegate authority to the Public Utilities General Manager or designees to tak e all necessary or advisable actions to apply for and obtain Utility Grants that are made available by the Grant Sources, including, without limitation: (1) to execute all rebate and grant -related documents and agreements (e.g., applications, master agreements, program-supplemental agreements, fund-exchange agreements, matching-fund agreements, fund- transfer agreements, memoranda of understanding, operating agreements, consulting agreements, and amendments) and other documents and agreements (e.g., operating agreements, retainer agreements, service agreements, and procurement agreements ); (2) to execute other required documents (e.g., certifications, assurances, loan agreements, audit documents, compliance reports, and warranties); (3) to take any actions necessary or advisable to implement agreements and other documents that are necessary for Utility Grants awarded to Anaheim; and (4) to account for any Utility Grant and/or tax credit or other financial benefits received by Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows:
1. The City Council agrees by this Resolution to accept any Utility Grants awarded to Anaheim without further action of the City Council.
2. The City Council agrees by this R esolution to comply with all terms, conditions, limitations, and other requirements imposed by the Grant Sources, including certifying disbursement requests on behalf of Anaheim and compliance with applicable local, state, and federal laws imposed by any Grantor on any Utility Grant received by Anaheim without further action of the City Council.
3. The City Council agrees by this Resolution to provide, where applicable, matching funds as required by the Grant Sources.
4. The Public Utilities General Manager or designee s are authorized and directed on behalf of Anaheim: (1) to apply for and obtain Utility Grants made available by Grant Sources; (2) to negotiate, provide, and execute, including , without limitation, any agreements, assurances, certifications, affidavits, commitments, reports, plans, payment requests, or other documents, including any amendments or changes thereto, as may be necessary or advisable in connection with applying for and receiving Utility Grants; and (3) to take any actions necessary or advisable to implement such received Utility Grants.
5. For any Utility Grant, tax credit, and/or other financial benefit awarded to Anaheim, the Public Utilities Department is authorized to account for such financial benefit in the fiscal years of the award by increasing the appropriations and authorized expenditures in amounts equal to such Utility Grant or otherwise to seek City Council authorization to amend its budget.
4 6. The City Council finds and determines that this Resolution is not subject to the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., herein referred to as “CEQA”) pursuant to sections 15004(b)(4), 15060(c)(2) -(3), 15061(b)(3), 15352(a), and 15378(b) of Title 14 of the California Code of Regulations (“CEQA Guidelines ”) because this action (1) does not result in any binding commitment by the City to authorize or advance any development activity, (2) will not result in a direct or indirect physical change in the environment , and (3) does not constitute an “approval” of a “project.”
7. This Resolution is effective indefinitely , until rescinded, for any and all Anaheim efforts to apply for and obtain Utility Grants made available by the Grant Sources.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this _______ day of __________________, 2023, by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
_________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
____________________________
CITY CLERK
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