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R 4256 RESOLUTION NO. 4256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CERTAIN FINDINGS AND ENERGY SOLUTIONS AGREEMENT FOR ENERGY RELATED IMPROVEMENTS TO CITY FACILITIES WITH PACIFICWEST ENERGY SOLUTIONS, INC. WHEREAS, the City Council of the City of Arroyo Grande desires to improve and address budgetary constraints from severe State funding cuts, implement appropriate methods to reduce cost, control energy usage, and reduce greenhouse gas emissions; and WHEREAS, the City of Arroyo Grande has partnered with PacificWest Energy Solutions, Inc. to complete an Investment Grade Audit of the facilities of the City of Arroyo Grande to determine energy conservation measures where modernization of facilities would result in reduction in energy needs and produce cost savings that can be used to fund such improvements; and WHEREAS, the City Council of the City of Arroyo Grande finds that projected costs of the proposed energy conservation measures will be less than the anticipated costs that the City of Arroyo Grande will incur in utility consumption and operation without those energy conservation measures; and WHEREAS, the City of Arroyo Grande is interested in pursuing all available Grants, Low- Interest Energy Financing Programs, California Energy - Related Recovery Programs, and Utility Rebates /Incentives Programs; and WHEREAS, the California Energy Commission and other Third Party Financing Providers have loan programs available to schools, hospitals, local governments, special districts, and public care institutions to finance energy efficiency improvements. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande authorizes PacificWest Energy Solutions, Inc. to apply on the City's behalf for all available Grants, Low - Interest Energy Financing Programs, California Energy - Related Recovery Programs, and Utility Rebates /Incentives Programs to fund and implement the energy conservation measures identified in the Investment Grade Audit. BE IT ALSO RESOLVED, that in compliance with the California Environmental Quality Act (CEQA), the City Council of the City of Arroyo Grande finds that the activities to be funded by the applicable grants, loans, and rebates /incentives constitute a project that is categorically exempt from CEQA per Article 19, Section 15301(d). RESOLUTION NO. 4256 PAGE 2 BE IT ALSO RESOLVED, that if recommended and approved for funding by the California Energy Commission or other Third Party Financing Providers, the City Council of the City of Arroyo Grande authorizes PacificWest Energy Solutions, Inc. to bring forward the necessary documents to the City Council of the City of Arroyo Grande acting as the Finance Authority to accept a loan or other financing instrument up to $230,000. BE IT ALSO RESOLVED, that the amount of the loan or other financing instrument will be paid in full, plus interest, under the terms and conditions of the applicable Loan or Financing Agreement, Promissory Note, and Tax Certificate of the California Energy Commission or other Third Party Financing Providers. BE IT FURTHER RESOLVED, that City Manager Steve Adams is hereby authorized and empowered to negotiate and execute in the name of the City Council of Arroyo Grande all necessary documents to implement and carry out the purpose of this resolution, and to undertake all actions necessary to implement and complete the energy conservation measures project. On motion of Council Member Costello, seconded by Council Member Fellows, and on the following roll call vote, to wit: AYES: Council Members Costello, Fellows, Guthrie, Arnold, and Mayor Ferrara NOES: None ABSENT: None — the foregoing Resolution was passed and adopted this 9 day of February 2010. RESOLUTION NO. 925(e PAGE 3 TONYFER MAYOR ATTEST: . Ct.0 �Wlt2 KELL W MORE, CITY CLERK APPROVED AS TO CONTENT: STE N ADAMS, CITY MANAGER APPROVED AS TO FORM: TI OTHY J. EL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4256 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 9th day of February 2010. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11 day of February 2010. ill l l 1 KELLY ET ORE, CITY CLERK