HomeMy WebLinkAbout2024-10-29; City Council; ; California Energy Commission Grant for the State Street Parking Lot Electric Vehicle Charging Stations Project and Additional AppropriationCA Review GH
Meeting Date: Oct. 29, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Shawn Gaskari, Management Analyst
shawn.gaskari@carlsbadca.gov, 442-339-2925
Subject: California Energy Commission Grant for the State Street Parking Lot
Electric Vehicle Charging Stations Project and Additional Appropriation
District: 1
Recommended 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.
Oct. 29, 2024 Item #7 Page 1 of 11
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
Oct. 29, 2024 Item #7 Page 2 of 11
Exhibit 1
Oct. 29, 2024 Item #7 Page 3 of 11
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 st atements.
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, orto otherwise execute and
implement the grant agreement, all of which is su bject to review and approval as to
form by the City Attorney's office.
Oct. 29, 2024 Item #7 Page 4 of 11
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.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Attachment A
Oct. 29, 2024 Item #7 Page 5 of 11
STATE OF CALIFORNIA
GRANT AGREEMENT
CEC-146 (Revised 3/2019)
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 ------
REIMBURSABLE AMOUNT
$350,000
MINIMUM MATCH SHARE REQUIRED
$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
NAME NAME
Adrienne Winuk
TITLE TITLE
Contracts, Grants, and Loans Office Manager
CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
Oct. 29, 2024 Item #7 Page 6 of 11
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, amendinr,~ection 19.561, included an appropriation to fund the installation of EV charging
stations in the Q:itf!r)f(;~rfabad (City):
Sec..l~.561 ... (b) '11R be allocated by the Department of Parks and Recreation as
fo:Hows:
(11) $600,000 totJe Port of San Diego and City of Carlsbad, for the EV and Portable
Solar PoweredC~;~rging StatiQns Installation.
In a letterdated October 9, 2023, woith provided a "List of Changes Pursuant to Section 19.561 through
19.569 (SB 104, Ch. 189/2023},"th~ Departme~tQf Finance transferred the allocating authority for
these funds from the Departm:ent:bfParks and Recr,eation to the California Energy Commission (CEC),
pursuant to section 19 .. ~f:>i(a)(6) oftb¢~udget Act pf 2023. Therefore, the CEC and the City are entering
into this pass-through ~gfoement (Agfternerit)~e,~xercise this authority and fund the Citywide Electric
Vehicle Infrastructure Project in the amount of $350,000.
I
2. Scope of Work and Prodyt:,s
The City shall only use funds receiv~o undfl!rthis,l\greeme11ffor its citywide electric vehicle
infrastructure project. The City shall provlde two pr~ductstcfthe CEC:
·/
Produc
1. Midway Project Submitted with the s~9ond invo:iee(see next sectionbl:!low "Budget,
Report Invoices, and Paymerit").
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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City of Carlsbad
Oct. 29, 2024 Item #7 Page 7 of 11
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 of the 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
Commission
Project Contact
Commission Agreement Manager:
Julianne Lea
715 P Street
Sacramento, CA 95814
Phone:916-252-9747
e-mail: julianne.lea@energy.ca.gov
5. Certification
J City of Carlsbad
Project Contacts
Program Manager City of Carlsbad:
John Maashoff
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Phone: 760-573-3368
e-mail: john.maashoff@carlsbadca.gov
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 of Carlsbad
Oct. 29, 2024 Item #7 Page 8 of 11
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 CE C's execution of
this Agreement for the citywide electric vehicle charging station project is not a project under CEQA.
CEQA only appli!~f~i'lt().discretionary projects proposed to be carried out or approved by public
agencies." (pu;t,Jic Resourge~, Code section 21080(a).) The CEC does not have discretion to not award
these fundsto the City for thts project. SB 104 (2023) section 90, amending section 19.561(a)(2), states,
"For aUot:affons in this section that include a designated state entity, the entity shall allocate the funds
to tnereCipients identified i11t~e paragraphs following each designation." (Underline added.)
Acca:tdingly, the CEC's partJnJhis pass~through appropriation from the Legislature is not a project for
purposes9fCEQA, but the:City must still earn ply with any applicable CEQA requirements.
7. Terms and'Conditions
'· --
A. Nondiscrimination Statemetltof Compliance\
During the performance<,fthis Agreem'ent1 the,Cit~ and its subcontractors will not unlawfully
discriminate, harass, or'allow harassrn~,nt agalrist any employee or applicant for employment because of
race, religious creed, color, national orlgin, ancestry, physical .disability, mental disability, reproductive
health decision making, medical co11~j,tion, genetic infe>rmatjol'.l/~arital status, sex, gender, gender
identity, gender expression, age, sex;1..tal orientatic.>n, cir veteran er military status, or denial of family care
leave.
The City and its subcontractors will ensure that the evafucltioh and treatrnef)tQf their employees
and applicants for employment are free from such discrimili~tion and hatas'smer:tt.
The City and its subcontractors shall comply with the pr~j/isions oft~{(air Employment and Housing Act
(Government Code Sections 12990 et seq.) and the app"!icabler:egulatioosprnmulgated 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), setforth in
Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated intoth.is
Agreement by reference and made a part of it as if set forth in full. The City and its subcontrectors wfff
give written notice of their obligations under this section to labor organizations with whlchthey have a
collective bargaining or other Agreement.
The City shall include the nondiscrimination and compliance provisions of this 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 ofthe
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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City of Carlsbad
Oct. 29, 2024 Item #7 Page 9 of 11
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 as1;1pplicable regulations and guidelines issued pursuant to the ADA.
D. Audit
The City~grees that the CEC, !~e Bureau of State Audits, or their designated representative shall have
therightto review and to copyiany records and supporting documentation pertaining to the
performance of this Agreem~nt. The Cjt~f i,lgrees to maintain such records for possible audit for a
minimurhof three (3) years·~fter theAgfe'ement ends in any way. The City agrees to allow the auditor(s)
access to sucflr~cim:lsduring normal businesshours and to allow interviews of any employees who
might reasonably h~ve informatk,11 related to SCI.Ith records. Further, the City agrees to include a similar
right of the CEC, the Burea~.ofState Audits, or thelt: designated representative, to audit records and
interview staff in any sut)contract relate:dto perfoi~ance ofthis Agreement. These rights and
responsibilities are in addition to andnpttestrktive of those in Section 7. L. Access to Sites and Records.
E. Public Works
',.''? '
The City is responsible for complyirigtith all appHc,ble laws, which can include public works
requirements under the Labor Code;Jhe qtyacknowledgesa.cceptance of Agreement funds may
trigger public works laws (Labor Code Section 172Oe1?0s~q,),·Mequirementofwhich is to pay
prevailing wages, applying to its entire project. If the proje¢ifis public wotks,thefl it is subject to
compliance monitoring and enforcement by the Departm~;nt of lndustri13fRelations. By signing
this Agreement, the City certifies that it shall comply w1t~7all 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 reproducethe
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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City of Carlsbad
Oct. 29, 2024 Item #7 Page 10 of 11
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 {rjfthis Agreement is unenforceable or held to be unenforceable, all other
provisions•e>fthis Agreemenf\l'\dll remain in full force and effect.
\
K. Waiver
No waiver of any breach ofttlfs Agreem~nt constitutes waiver of any other breach. All remedies
in this Agreement wilLb~taken and(:Q~strued as cumulative, meaning in addition to every other
remedy providedin trre :A.greern~nt or by law.
L. Access to Sites and Recotc:ls
The City shall provide ~lufirig the Agreement andfo"r at least 3 years after the Agreement ends in
any way to the CEC or its representatiVf?S reasonable access to all project sites and to all records
related to this Agreement. These rightsjand responsibilities are iq addition to and not restrictive
of those in Section 7. D. Audit.
M. Survival of Terms
The following terms survive this Agreement no matter howcthe 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 EOl>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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City of Carlsbad
Oct. 29, 2024 Item #7 Page 11 of 11
California Energy Commission
Commission Agreement Manager:
Julianne Lea
California Energy CQmmission
715 P Street, MS-6
Sacramento, CA 9581
Phone: (916} 252-9747
Confidential Products:
Request to Submt on 1
[Recipient Name and CE
Invoices:
https://ecams.energy.ca.gov/s/login/
Legal Notices:
Tatyana Yakshina
Grants Manager
California Energy Commission
715 P Street, MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: tatyana .yakshina@energy.ca.gov
Contact List
Recipient
Program Manager City of Carlsbad:
John Maashoff
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Phone: (760) 573-3368
e-mail: john.maashoff@carlsbadca.gov
Program Administrator:
John Maashoff
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Phone: (760) 573 -3368
raday Avenue
, CA 92008
(442) 339-2958
e~mail< jason.habe r@ carlsbadca.gov
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City of Carlsbad