CA Review GH
Meeting Date: Oct. 29, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Shawn Gaskari, Management Analyst
[email protected], 442-339-2925
Subject: California Energy Commission Grant for the State Street Parking Lot Electric Vehicle Charging Stations Project and Additional Appropriation District: 1
Reco
mmended Action
Adopt a resolution authorizing the City Manager or designee to accept a grant of $350,000 from the California Energy Commission for the installation of electric vehicle charging stations at the State Street Parking Lot and authorizing an appropriation of $150,000 from the Public Facilities Fees Fund to Capital Improvement Program Project No. 4090.
Executive Summary
The California Energy Commission has awarded the City of Carlsbad a $350,000 grant to install electric vehicle charging stations at the State Street Parking Lot. The grant funds will pay for the purchase of equipment and construction costs for the project. No matching funds are required.
Staff are requesting that the City Council authorize the City Manager or designee to execute the State of California’s grant agreement and begin invoicing for available funding and authorize an appropriation of $150,000 from the Public Facilities Fees Fund to Capital Improvement Program Project No. 4090.
Discussion
The State Street Parking Lot EV Charging Stations Project (Project No. 4090) will install six new EV charging stations serving 10 stalls in the city-owned parking lot located at 3021 State St. One existing EV charging station serving two stalls is currently available in the parking lot.
The California Energy Commission provides these grants to help local agencies reduce greenhouse gas emissions and make California’s transportation sector cleaner. Accepting the grant requires the city to approve an agreement with the California Energy Commission.
The grant will pay for electrical equipment, including EV charging stations, construction of the project, and staff and consultant support in both the pre-construction and construction phases.
Staff are asking the City Council to authorize City Manager or designee to execute the agreement, a draft of which is attached to the Resolution as Attachment A.
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The city will carry out the work involved in the project and then submit invoices to the California Energy Commission for reimbursement. To ensure the project has enough funding before the grant funding is received, staff are also requesting an appropriation of $150,000 from the Public Facilities Fees Fund to Capital Improvement Program Project No. 4090.
Fiscal Analysis
The total amount of the grant is $350,000; no matching funds are required to accept it.
Upon City Council approval of this action, the City Manager or designee will execute the grant agreement, and the City Manager or designee will appropriate the $150,000 from the Public Facilities Fees Fund into Capital Improvement Program Project No. 4090. The fiscal year 2024-25 budget includes $150,000 for this project.
State Street Parking Lot Electric Vehicle Charging Stations Project Capital Improvement Program Project No. 4090
Total appropriation to date $340,000
Total expenditures and encumbrances to date -$163,722
Total available balance $176,278
Remaining project costs (estimated) -$322,365
Additional appropriation needed -$146,087
Additional appropriation requested (rounded) $150,000
Next
Steps
The City Manager will execute the grant agreement. The City Manager or designee will also appropriate the $150,000 from the Public Facilities Fees Fund to Capital Improvement Program Project No. 4090. Staff will then carry out the work and submit invoices for funding available under the terms of the grant agreement.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment.
Exhibit
1. City Council resolution
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RESOLUTION NO. 2024-243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGN EE TO ACCEPT A GRANT OF $350,000 FROM THE CALIFORNIA ENERGY COMMISSION FOR
THE INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS AT THE
STATE STREET PARKING LOT AND AUTHORIZING AN APPROPRIATION OF $150,000 FROM THE PUBLIC FACILITIES FEES FUND TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 4090
WHEREAS, the City Council of the City of Carlsbad, California has been awarded grant funds from the California Energy Commission in the amount of $350,000 for the State Street Parking Lot Electric Vehicle Charging Stations Project, Capital Improvement Program, or CIP, Project No. 4090; and WHEREAS, staff use the grant funds to purchase equipment, construct the project, and provide staff and consultant support of the project; and
WHEREAS, in order to fund and construct the project in advance of receiving the grant funding, staff are requesting an appropriation of $150,000 from the Public Facilities Fees Fund to CIP Project No.4090;and
WHEREAS, the California Energy Commission is requesting execution of a grant agreement to award the grant funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Manager, or designee, is hereby authorized and directed to accept said award from the California Energy Commission for receipt of the grant funds by electronically signing the California Energy Commission grant agreement, attached as Attachment A, as well as submitting any required reports and/or final statements.
3. That the City Manager, or designee, is authorized to appropriate $150,000 from the Public Facilities Fees Fund to the State Street Parking Lot Electric Vehicle Charging Stations Project, CIP Project No. 4090.
4. That the City Manager, or designee, is authorized to sign all other documents necessary for regulatory compliance, to extend funding opportunities, or to otherwise execute and implement the grant agreement, all of which is subject to review and approval as to form by the City Attorney's office.
Exhibit 1
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 29th day of October, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER.
NONE.
LUNA.
NONE.
tll
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Oct. 29, 2024
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STATE OF CALIFORNIA
GRANT AGREEMENT
CEC-146 (Revised 3/201 9)
RECIPIENT
City of Carlsbad
ADDRESS
1635 Faraday Avenue
Carlsbad, CA 92008
PROJECT DESCRIPTION
CALIFORNIA ENERGY COMMISSION
AGREEMENT NUMBER
OTF-24-003
AGREEMENT TERM
8/15/2024 to 3/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized , nor shall any work begin, until on or after the effective date.
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.
Pass Through Grant Subaward Page(s): 5 ------
Contacts List Page(s): 1 ------
REIMB URSABL E AMOUNT
$350,000
MINIMUM MATCH SHARE REQLHRED
$0
TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$350,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION CITY OF CARLSBAD
AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
NjvJ,t, tn.U\\in 11/26/2024 MJwv1 11/26/2024
NAME NAME John Maashoff Nzube Okemiri
TITLE TITLE
(Acting) Contracts, Grants, and Loans Office Manager Public Works Manager
CALIFORNIA ENERGY COMM ISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
Attachment A
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California Energy Commission
Pass-Through Grant Subaward to the City of Carlsbad
1. Background and Authority for this Grant:
The Budget Act of 2023, as reflected in California Senate Bill 104 (SB 104), Chapter 189/Statutes of 2023, section 90, amending section 19.561, included an appropriation to fund the installation of EV charging stat ions in the City of Carlsbad (City):
Sec. 19.561 ... (b) "To be allocated by the Department of Parks and Recreation as follows :
(11) $600,000 to the Port of San Diego and City of Carlsbad, for the EV and Portable Solar Powered Charging Stations Installation .
In a letter dated October 9, 2023, which provided a "List of Changes Pursuant to Section 19.561 through
19.569 (SB 104, Ch. 189/2023), " the Department of Finance transferred the allocating authority for these funds from the Department of Parks and Recreation to the California Energy Commission (CEC), pursuant to section 19.561(a)(6) of the Budget Act of 2023. Therefore, the CEC and the City are entering into this pass-through agreement (Agreement) to exercise this authority and fund the Citywide Electric Vehicle Infrastructure Project in the amount of $350,000.
2. Scope of Work and Products
The City shall only use funds received under this Agreement for its citywide electric vehicle infrastructure project . The City shall provide two products to the CEC:
Products
1. Midway Project Submitted with the second invoice (see next section below "Budget , Report Invoices, and Payment").
2. Final Project Report Submitted on or before the
Agreement end date .
Both the Midway Project Report and Final Project Report can be brief documents, around 1-3 pages. At a minimum, the reports shall include the project status, actual or anticipated issues regarding project completion, and if the project is still within budget . If the project is not within the budget, the City should elaborate on efforts that have been completed or anticipated to resolve this issue. Additionally, for the Final Project Report, the City shall include at least one photo of the completed project. It is up to the City to choose a photo submission format, but digital photo submission is preferred due to the nature of remote work . The City shall submit reports and photos to the Commission Agreement Manager (CAM) listed in Section 4.
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3. Budgets, Invoices, and Payments
The CEC only has authority to provide up to $350,000 under this Agreement. The CEC will provide this amount in two equal half payments of $175,000 each upon receiving and approving invoices from the City. The City's first invoice may be submitted upon execution of the Agreement . During the midway point ofthe project , close to when the first payment is close to being paid out, the second invoice may be submitted, in conjunction with the Submission of the Midway Project Report.
Under Senate Bill 104, Section 90, amending section 19.561, the CEC has the authority to allocate the payments as an advanced lump sum. Funding can be applied to incurred costs that are prior to the effective date of this agreement (AB 104, Section 19.561(a)(5)). For allocations in this section that include a designated state entity, the entity shall allocate the funds to the recipients identified in the paragraphs following each designation . The state entity shall determine the best method for allocation to ensure the funds are used for the purposes specified in this section.
To maximize efficiency and minimize costs for the CEC and the City, this Agreement will include a two -part advanced payment approach. Because payments by the CEC to the City will be made in advanced, invoices submitted by the City will not need be detailed. However, if requested, the City, shall promptly provide any information regarding this Agreement consistent with the requirements listed in the following Agreement sections: (1) Terms and Conditions under Section D. 'Audit' and (2) Section L: Access to Sites and Records.
4. CEC and City Project Contacts
California Energy City of Carlsbad
Commission Project Contacts
Project Contact '
Commission Agreement Manager: Program Manager City of Carlsbad:
Julianne Lea John Maashoff
715 P Street City of Carlsbad
Sacramento, CA 95814 1635 Faraday Avenue
Phone: 916-252-9747 Carlsbad, CA 92008
e-mail: [email protected] Phone: 760-573-3368
e-mail: [email protected]
5. Certification
By signing this Agreement, the City hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its citywide electric vehicle infrastructure project. The
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City further certifies that it shall comply with all applicable laws in performing under this Agreement and in carrying out and administering the citywide electric vehicle infrastructure project .
6. California Environmental Quality Act (CEQA)
Before signing this Agreement, CEC staff considered the applicability of CEQA. The CEC's execution of this Agreement for the citywide electric vehicle charging station project is not a project under CEQA.
CEQA only applies to "to discretionary projects proposed to be carried out or approved by public agencies." (Public Resources Code section 21080(a).) The CEC does not have discretion to not award these funds to the City for this project . SB 104 (2023} section 90, amending section 19.561(a)(2), states, "For allocations in this section that include a designated state entity, the entity shall allocate the funds to the recipients identified in the paragraphs following each designation. " (Underline added.) Accordingly, the CEC's part in this pass-through appropriation from the Legislature is not a project for purposes of CEQA, but the City must still comply with any applicable CEQA requirements.
7. Terms and Conditions
A. Nondiscrimination Statement of Compliance
During the performance of this Agreement , the City and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin , ancestry, physical disability, mental disability , reproductive health decision making, medical condition, genetic information , marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or denial of family care leave.
The City and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
The City and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The City and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.
The City shall include the nondiscrimination and compliance provisions ofthis section in all subcontracts to perform work under this Agreement .
B. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the
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Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
C. Americans With Disabilities Act
By signing this Agreement, the City assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
D. Audit
The City agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The City agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The City agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the City agrees to include a similar right ofthe CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 7. L. Access to Sites and Records.
E. Public Works
The City is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. The City acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works, then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, the City certifies that it shall comply with all applicable Public Works laws and requirements.
F. Intellectual Property
As between the City and the CEC, the City owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty -free, worldwide, perpetual license to use, publish, translate, modify, and reproduce the products identified in Section 2. above, for governmental purposes .
G. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the City and CEC.
H. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the Parties waive all provisions of law providing for a change of venue
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in these proceedings to any other county.
I. Independent Capacity
In the performance of this Agreement, the City and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California .
J. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.
K. Waiver
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.
L. Access to Sites and Records
The City shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 7. D. Audit.
M. Survival of Terms
The following terms survive this Agreement no matter how the Agreement ends, such as by its own terms or via termination:
• D. Audit
• E. Public Works
• F. Intellectual Property
• H. Governing Law
• J. Severability
• K. Waiver
• L. Access to Sites and Records
N. Executive Order N-6-22 - Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals . "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement . The CEC shall provide the Recipient advance written notice of such termination, allowing the Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the CEC.
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Contact List
California Energy Commission Recipient
Commission Agreement Manager:
Program Manager City of Carlsbad:
Julianne Lea John Maashoff
California Energy Commission City of Carlsbad
715 P Street , MS-6 1635 Faraday Avenue
Sacramento, CA 95814 Carlsbad, CA 92008
Phone: (916) 252-9747 Phone: (760) 573-3368
e-mail: [email protected] e-mail: john.maashoff@carlsbadca .gov Confidential Products: Program Administrator:
Email a request to submit Confidential Products John Maashoff to: [email protected] City of Carlsbad
1635 Faraday Avenue
Subject line should read: Carlsbad, CA 92008
Phone: (760) 573-3368
Request to Submit Confidential Products: e-mail: john .maashoff@carlsbadca .gov [Recipient Name and CEC Agreement]
Invoices: Intergovernmental Affairs Director:
Jason Haber
Please submit electronic invoices in ECAMS: City of Carlsbad 1635 Faraday Avenue
httQs:LLecams.energy.ca.govLsLloginL Carlsbad, CA 92008 Phone: (442) 339-2958
e-mail : [email protected]
Legal Notices:
Tatyana Yakshina
Grants Manager
California Energy Commission
715 P Street, MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: tatya [email protected] .gov
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