HomeMy WebLinkAboutResolution 2023-186 N.C.S. 12/18/2023 DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDC0
Resolution No. 2023-186 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH WILLDAN TO INSTALL HEAT PUMP WATER
HEATERS AT CITY FACILITIES
WHEREAS, the City of Petaluma has set a goal for the entire community to be carbon neutral by 2030; and
WHEREAS, has entered into an agreement with Syserco to examine energy efficiency, conservation, and
fuel switching measures;and
WHEREAS, Willdan, PG&E's contractor selected through a competitive process, contacted staff regarding
a program focused on government facility water heater replacement projects; and
WHEREAS,the Government and K-12 program(GK12)serves Federal facilities,local-government facilities
and K-12 Schools across the PG&E service territory; and
WHEREAS, this program contributes to PG&E's efforts to achieve energy efficiency (EE) and greenhouse
gas reduction goals set forth by the State of California; and
WHEREAS, the GK12 program provides technical and financial assistance to local government for
comprehensive retrofits that save energy,reduce customer demand for electricity, and increase overall operational
efficiency; and
WHEREAS, replacing existing gas water heaters with heat pump water heaters are eligible projects for this
funding source; and
WHEREAS, Sonoma Clean Power (SCP) will also provide incentives to further reduce water heater
replacement project costs for ten water heaters; the SCP incentives are compatible with the GK12 program; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15301 (existing facilities) and 15303 (new
construction)as the purchase and installation of heat pump water heaters and necessary equipment would be made
to existing facilities. Class 1 changes are exempt and consist of the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,mechanical equipment, or
topographical features involving negligible or no expansion of existing or former use. Class 3 consists of the
construction and location of a limited number of new structures and the installation of small equipment.Electrical
infrastructure and improvements that convey negligible or no development of service are covered under these
exemptions; and
WHEREAS, the City's purchasing rules require the City to formally bid any purchase over the Charter
threshold, currently around$31,000; and
WHEREAS, the common law recognizes a bidding exception for circumstances where competitive bidding
of public contracts otherwise required by statute may be excused, including circumstances where the contract is
such that competitive proposals would be unavailing or would not produce an advantage, and the advertisement
for competitive bid would thus be undesirable, impractical, or impossible (Graydon v. Pasadena Redevelopment,
Agency(1980) 104 CAM 631); and
Resolution No. 2023-186 N.C.S. Page 1
DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDCO
WHEREAS, due to the unique circumstances related to the participating in PG&E's GK-12 program and the
requirement to use PG&E's selected contractor, Willdan, this agreement with Willdan, and any associated
equipment purchases, is eligible for a sole source purchase.
NOW, THEREFORE,BE IT RESOLVED,that the City Council of the City of Petaluma hereby:
1. Declares the above recitals to be true and correct and are incorporated into this resolution as findings of the
City Council.
2. Finds that the proposed action is exempt from the requirements of the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15301 (existing facilities) and 15303 (new
construction) as the purchase and installation of heat pump water heaters and necessary equipment would be
made to existing facilities. Class 1 changes are exempt and consist of the operation, repair, maintenance,
permitting,leasing,licensing,or minor alteration of existing public or private structures,facilities,mechanical
equipment, or topographical features involving negligible or no expansion of existing or former use. Class 3
consists of the construction and location of a limited number of new structures and the installation of small
equipment. Electrical infrastructure and improvements that convey negligible or no development of service
are covered under these exemptions.
3. Finds that the unique circumstances related to participation in PG&E's GK-12 program justify a sole source
purchase and is additionally exempt from the City's purchasing requirements pursuant to Graydon v.
Pasadena Redevelopment, Agency (1980) 104 CA3d 631 and therefore the City's purchasing requirements
were satisfied with this purchase. City Council finds that bidding this project is not advantageous to the City due the
incentives provided through the PG&E GK-12 program. Additionally, since Wildan was already selected through a
competitive process,the intent of the City's purchasing requirements was achieved.
4. Authorizes the City Manager, or her designee, to execute any necessary agreements and documents with
Willdan to Install Heat Pump Water Heaters at City Facilities.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council Approved as to
of the City of Petaluma at a Regular meeting on the 18"day of December 2023,by the DocuSigned firm:
following vote:
ity ttorney
AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nau,Pocekay,Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: Docuftned/�by:
ATTEST: OlAil�
4492 L11111114U1111111411
ity er Mayor
Resolution No. 2023-186 N.C.S. Page 2