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HomeMy WebLinkAboutR-11549 making findings on energy savings and authorizing a Services Agreement with the Pacific Gas and Electric Company pursuant to California Government Code Section 4217R 11549 RESOLUTION NO. 11549 (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, MAKING FINDINGS ON ENERGY SAVINGS AND AUTHORIZING A SERVICES AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 4217 WHEREAS, it is the policy of the State of California and the intent of the State Legislature to promote all feasible means of energy conservation and all feasible uses of alternative energy supply sources; and WHEREAS, the City of San Luis Obispo (“City”) desires to reduce energy costs at its facilities; and WHEREAS, the City has adopted policy in the Community Climate Action Plan for Community Recovery and the Lead by Example Municipal Climate Action Plan that provides direction to increase energy efficiency and eliminate the use of fossil fuels in City facilities, and has subsequently completed the Carbon Neutral City Facilities Plan to identify the highest priority implementation actions; and WHEREAS, on February 4, 2025, the City Council adopted the Lead by Example Work Program, which directs staff to “Complete priority electrification projects at the (1) Swim Center, (2) Ludwick Community Center, (3) Corporation Yard, and (4) City Hall, alongside the remaining energy saving lighting efficiency retrofits across all facilities through the PG&E Sustainable Solutions Turnkey (SST) Program”; and WHEREAS, Pacific Gas and Electric Company Power (“PG&E”) has developed the Sustainable Solutions Turnkey Program (SST) to provide a turnkey, comprehensive approach towards designing, building, managing, commissioning, monitoring and validating energy conservation m easures analogous to the City’s priority Lead by Example energy projects; and WHEREAS, the State of California Government Code 4217 authorizes local municipalities to enter into energy services and financing agreements outside of the adopted procurement process, such agreements related to participation in the PG&E SST Program, if the governing body finds that the project best serves the public agency and can save the agency money; and Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11549 (2025 Series) Page 2 R 11549 WHEREAS, Government Code sections 4217.10 through 4217.18 specifically authorizes the City Council to enter into one or more energy service contracts with any person or entity without advertising for bids, pursuant to which that person or entity will provide electrical or thermal energy or conservation services to the City, which may comprise or include an energy conservation facility, if the anticipated cost to the City for thermal or electrical energy or conservation services provided under the contract is less than the anticipated marginal cost to the City of thermal, electrical, or other energy that would have been consumed by the City in the absence of the energy service contract; and WHEREAS, the City proposes to enter into a Service Agreement and related contract documents with PG&E, each in substantially the form presented at this meeting, subject to such changes, insertions or omissions as the City Manager and City Attorney reasonably deems necessary following the Council’s adoption of this Resolution; and WHEREAS, pursuant to the execution of the aforementioned Service Agreement PG&E would complete an Investment Grade Audit for the Priority Lead by Example Energy Projects at the Swim Center, City Hall, and the Corporation Yard, as well as cost savings measures related to lighting upgrades and battery storage energy systems at various City facilities, hereinafter referred to as the “Priority LBE Energy Projects”; and WHEREAS, PG&E and its subcontractor Willdan have provided the City with an analysis showing the financial and other benefits of implementing the Priority LBE Energy Projects, which analysis is attached hereto as Exhibit A and made part hereof by this reference; and WHEREAS, Exhibit A provides the anticipated costs of implementing and operating Priority LBE Energy Projects over the lifetime of the proposed equipment and upgrades, which is less than the, presented as evidence at the public hearing held the date of this Resolution; and WHEREAS, the analysis provided by PG&E in Exhibit A, along with other information, analysis, and conclusions based on further due diligence by City staff, demonstrates that the cost of the proposed contract for the energy and conservation services is less than the anticipated marginal cost of thermal, electrical, or other energy that would have been consumed by the City in the absence of those projects ; and WHEREAS, pursuant to Government Code 4217, these findings have been made at a regularly scheduled public hearing of the City Council, for which two weeks’ prior notice was provided to the public, and following all other agenda and notification requirements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11549 (2025 Series) Page 3 R 11549 SECTION 1. Recitals. The recitals set forth above are hereby adopted as the findings of the City in adopting the policies herein. SECTION 2. Best Interests of the City. The City Council finds that the terms of the Service Agreement and Investment Grade Audit Work Order are in the best interests of the City. The project scope addresses the Priority Lead by Example Energy Projects as adopted by City Council in the 2025-29 Lead by Example Work Program. The project will further the carbon neutrality goals of the City’s adopted Climate Action Plan for Community Recovery, and the project is consistent with the Genera l Plan as follows: 1. Land Use Element of the General Plan: a. Policy 9.4 (Climate Action Plan) - The City shall maintain and implement its Climate Action Plan to reduce community and municipal GHG emissions consistent with State laws and objectives. 2. Conservation and Open Space Element of the General Plan : a. Policy 2.2.1 (Atmospheric Change) - City actions shall seek to minimize undesirable climate changes and deterioration of the atmosphere’s protective functions that result from the release of carbon dioxide and other substances. b. Policy 2.2.5 (Model City) – The City will be a model of pollution control efforts. It will manage its own operations to be as pollution free as possible. The City will work with other agencies and organizations to help educate citizens in ways to prevent air pollution SECTION 3. Findings. In accordance with Government Code section 4217.12, and based on data and analysis provided by Exhibit A, attached hereto and incorporated by reference, the Council finds that the anticipated costs of implementing and operating the Priority LBE Energy Projects will be less than the anticipated marginal cost to the City of thermal, electrical, or other energy that would have been consumed by the City in the absence of those projects. Based on these findings, the City has determined to forgo standard procurement processes in favor of the alternative procurement process for “energy services contracts” and “energy financing contracts” set forth in Government Code section 4217.10 et al. for the City projects identified in Exhibit A, as it finds it best serves the City’s interest. SECTION 4. Execution of Agreements. The City Manager and City Attorney are hereby authorized and directed to negotiate any further changes, insertions and omissions to the Service Agreement and Investment Grade Audit Work Order as they reasonably deem necessary following the Council’s adoption of this Resolution. The City Manager is further authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this Resolution and said Agreements. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11549 (2025 Series) Page 4 R 11549 SECTION 5. Environmental Review. The California Environmental Quality Act (CEQA) does not apply to the execution of the Services Agreement with PG&E or adoption of this Resolution because this action does not constitute a “Project” under CEQA Guidelines Sec. 15378. Participation in the Investment Grade Audit is exempt from environmental review as a Statutory Exemption under Section 15262, Feasibility and Planning Studies. Projects identified in the Investment Grade Audit will need future authorization and environmental review prior to actual project funding and construction. Upon motion of Council Member Francis, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of March 2025. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 3/13/2025 | 11:56 AM PDT Resolution No. 11549 (2025 Series) Page 5 R 11549 EXHIBIT A ANALYSIS ON PRIORITY LEAD BY EXAMPLE PROJECTS PERFORMED BY WILLDAN ON BEHALF OF THE CITY OF SAN LUIS OBISPO Description Electricity Savings (kWh) Electricity Cost Savings Natural Gas. Savings (therms) Natural Gas Cost Savings Water & Sewer Cost Savings O&M Cost Savings Total Cost Savings Incentives* Installed Cost Simple Payback (years) Swim Center Decarbonization (36,922) $(7,983) 46,019 $60,662 $52,678 $62,084 $1,736,118 31.8 City Hall Boiler Replacement (6,219) $(1,587) 4,444 $8,000 $6,413 $79,900 $930,000 132.6 Corp Yard HVAC Elect. (28,398) $(6,709) 7,226 $11,799 $2,532 $7,621 $39,848 $400,000 47.3 DER - PV Only 343,105 $64,948 $64,948 $592,086 $1,973,618 21.3 Lighting 93,660 $27,404 $2,365 $29,768 $20,000 $472,901 15.2 Transformers* 16,356 $4,478 $4,478 $78,063 17.4 Onsite Pool Chlorination* $41,000 $115,000 $156,000 $1,045,570 6.7 Total 381,583 $80,550 57,689 $80,461 $41,000 $119,896 $321,907 $799,918 $6,636,270 18.1 *The estimated incentives from PG&E GK12 are dependent on close collaboration between SLO, Willdan, and PG&E to meet program requirements. Additional incentives may be available and some incentives may have conflicting requirements. Willdan w ill support SLO from start to finish to maximize project incentives. ** Transformers and Onsite Pool Chlorination are proposed scopes in addition to scope of work outlined in the RFP. If the Priority Lead by Example Energy Projects are implemented through the SST program, the projected annual utility cost savings are $202,011, and the estimated annual maintenance savings are $119,896. The total cost for the project (including capital costs, oversight and contingencies, staff financing administration and oversight, anticipated operation and maintenance cost impacts, and one annual lease payment) is $6,636,270. Taken together, these projects are estimated to generate a n 18.1-year simple payback period, after which point the City would generate cost savings. Given that the projected lifespan the suite of proposed projects is longer than the 18.1-year simple payback period, the finding may be made that these projects will generate cost savings for the City of San Luis Obispo. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712