HomeMy WebLinkAboutItem 20 - California Automatic Processing Program (CalAPP) Grant Planning and Building Agency
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Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 18, 2023
TOPIC: California Automatic Processing Program (CalAPP) Grant
AGENDA TITLE
Adopt a Resolution to Authorize the City Manager to Accept the California Automated
Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant
Agreement with the State of California Energy Commission, and Approve an
Appropriation Adjustment Recognizing Funds
RECOMMENDED ACTION
1. Adopt a resolution authorizing the City Manager to accept and execute the Grant
Agreement (APP-22-045) with the State of California Energy Commission (CEC) to
receive a $100,000 grant award under the California Automated Permit Processing
(CalAPP) Program.
2. Approve an appropriation adjustment recognizing the CalAPP grant funds, in the
amount of $100,000, to revenue account number and appropriate same to
expenditure account numbers. (Requires five affirmative votes)
DISCUSSION
CalAPP is a grant program managed by the CEC to assist local governments in
California with implementing an online automated solar permitting platform to streamline
the solar permitting process. The program was authorized with the passage of Senate
Bill 129 (Skinner, 2021). In 2022, the implementation of such a system became
mandatory for all local jurisdictions with the passage of Senate Bill 379 (Wiener, 2022).
Available funding varies from $40,000 to a maximum of $100,000 based on the
population size of the local jurisdiction. Applicants whose population is greater than
200,000 are eligible for the maximum $100,000 award.
Building staff submitted the grant application on November of 2022, and was notified by
the CEC on January 2023, of a grant award in the maximum amount of $100,000. To
receive the grant funding, it is necessary for the City Council to adopt a resolution
authorizing actions by the City to accept, appropriate, and obligate the grant funds.
Under the agreement, the City has until March 30, 2027, to submit all invoices and the
grant terminates on May 31, 2027. The grant requires the implementation of an online
automated solar permitting platform that automates project plan review, verifies code
California Automatic Processing Program Grant
April 18, 2023
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compliance, and issues permits in real time for a solar energy system. A local
jurisdiction has the option of implementing the SolarAPP+ software or propose a similar
permitting tool to be developed by the City and separately vetted by CEC for
compliance.
SolarAPP+ is a web-based portal developed by the National Renewable Energy
Laboratory, a national laboratory of the U.S. Department of Energy. The platform has
been vetted, pre-approved, and deemed by CEC to fulfill all the requirements of the
grant. The City reviewed the functionalities of the SolarAPP+ platform and found it to be
compatible with the land management system the City is developing and opted to
submit the grant application to implement the CEC preapproved SolarAPP+ platform in
order to streamline the implementation process.
ENVIRONMENTAL IMPACT
Implementation of an online-automated solar permitting platform will streamline the local
solar permitting process and will reduce reliance on non-renewable energy. This will not
result in any significant effect on the environment. Accordingly, the project is exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of the CEQA Guidelines as amended.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $100,000 in funds from the CEC
to revenue account (13116002-52025) and appropriate same to expenditure accounts
(nos. 13116500-various).
Fiscal Year
Accounting
Unit-
Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 23-24 13116500-
various
Miscellaneous
Grants
CA Automated Permit
Program - Various
$100,000.00
TOTAL $100,000.00
All funds are scheduled for expenditure in Fiscal Year 2023-24; however, any remaining
balances not expected at the end of the fiscal year will be carried forward into FY
202425 for expenditure.
EXHIBIT(S)
1. Resolution
2. Grant Agreement and Exhibits
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Resolution No. 2023-XXX
Page 1 of 3
RESOLUTION NO. 2023-0XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS
FROM THE CALIFORNIA ENERGY COMMISSION FOR THE
CALIFORNIA AUTOMATED PERMIT PROCESSING
PROGRAM
WHEREAS, the State of California, Energy Commission (“Commission”) has issued a
Notice of Proposed Awards (“NOPA”) dated June 1, 2022, for the California Automated Permit
Processing (“CalAPP”) Program; and
WHEREAS, the City Council of the City Santa Ana (“City”) submitted a grant application
form for the CalAPP program to recover the cost of establishing an eligible automated online
solar permitting platform; and
WHEREAS, pursuant to Senate Bill 129 (Skinner, Budget Act of 2021), the
Commission is authorized to provide up to twenty million (20,000,000) dollars under the
California Energy Commission to support a funding program for California cities and to
establish online automated solar permitting of which Santa Ana is eligible for $100,000 in
funding.
NOW, THEREFORE, THE CITY COUNCIL OF SANTA ANA RESOLVES AS
FOLLOWS:
SECTION 1. In connection with the CalAPP grant, if the application is approved by the
Department, the City Manager or the Executive Director of Planning and Building Agency
is authorized to enter into, execute, and deliver a State of California Agreement (Standard
Agreement) for the amount of $100,000, and any and all other documents required or deemed
necessary or appropriate to evidence and secure the CalAPP grant, appropriate the grant
funds, and authorize the City's obligations related thereto, and all amendments thereto.
SECTION 2. The City shall be subject to the terms and conditions as specified in the
Grant Agreement, the CalAPP Grants Program Guidelines, and any applicable CalAPP
guidelines published by the Commission. Funds are to be used for allowable expenditures as
specifically identified in the Grant Agreement. The application is incorporated in full as part of
the Grant Agreement. Any and all activities funded, information provided, and timelines
represented in the application will be enforceable through the executed Grant
Agreement. The City Council hereby agrees to use the funds for eligible uses in the
manner presented in the application, as approved by the Commission and in accordance
with the NOPA, the CalAPP Grants Program Guidelines, and the CalAPP Program
Application.
Exhibit 1
Resolution No. 2023-XXX
Page 2 of 3
SECTION 3. Pursuant to Section 15061(b)(3) of the California Environmental Quality
Act and the CEQA Guidelines, this action is exempt from further review as there is no potential
for any environmental impact.
SECTION 4. This Resolution shall take effect immediately upon its adoption by the City
Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this ____day of _____, 2023 by the following vote:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ________________________________________
NOES: Councilmembers _______________________________________________________________________
ABSTAIN: Councilmembers _______________________________________________________________________
NOT PRESENT: Councilmembers _________________________________________________________________________________________________________________________
Valerie Amezcua
Mayor
Resolution No. 2023-XXX
Page 3 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
___________ to be the original resolution adopted by the City Council of the City of Santa
Ana on ______________.
Date:
City Clerk
City of Santa Ana
STATE OF CALIFORNIA GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION
RECIPIENT AGREEMENT NUMBER
City of Santa Ana APP-22-045
ADDRESS AGREEMENT TERM
20 Civic Center Plaza, M-19
Santa Ana, CA 92701
11/29/2022 to 05/31/2027
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.
PROJECT DESCRIPTION
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.
Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5
Exhibit C – Contact List Page(s): 1
REIMBURSABLE AMOUNT
$ 100,000
MINIMUM MATCH SHARE REQUIRED
$ 0
TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$ 100,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION CONTRACTOR
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
Exhi bit 2
November 2022 APP-22-045
City of Santa Ana
Page 1 of 4
CalAPP Attachment 01
ATTACHMENT 01
Grant Application Form EXHIBIT A
California Automated Permit Processing (CalAPP) Program
1. APPLICANT INFORMATION
Jurisdiction Name (please use full legal name as it would appear on the executed grant):
Jurisdiction Type (select one):
City County City and County
Current Estimated Population
):
Less than 50,000
From 50,000 to 99,999
From 100,000 to 200,000
Greater than 200,000
Project Manager Name
Street Address
City and
Zip Code
Phone Number
E-Mail Address
2. FUNDING
Assigned Maximum Grant Amount (select )
Group 1 ($40,000): Population less than 50,000
Group 2 ($60,000): Population from 50,000 to 99,999
Group 3 ($80,000): Population from 100,000 to 200,000
Group 4 ($100,000): Population greater than 200,000
November 2022 APP-22-045
City of Santa Ana
Page 2 of 4
CalAPP Attachment 01
3. PROJECT INFORMATION
A. Online, automated solar permitting platform to be adopted:
SolarAPP+
Other
B. Please select allowable budget item(s) anticipated to be used (Select
at least one):
Ongoing in-house staff labor costs associated directly with adoption and
maintenance of the platform
Ongoing third-party or consultant time associated directly with adoption and
maintenance of the platform
Ongoing staff training and education, specific to the platform
Ongoing training events for local installers, specific to the platform
Essential hardware or equipment necessary to support adoption of the
platform
Maintenance, such as adding support for energy storage paired with solar
energy system permitting, and subscription cost for permit tracking software
in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity Date (Month/Year)
Begin Development/Pilot
Full Adoption
Staff Training
Training for Local Installers
November 2022 APP-22-045
City of Santa Ana
Page 3 of 4
CalAPP Attachment 01
4. ADDITIONAL INFORMATION (if applicable)
NOTE:Only complete this section if you implement a platform other than SolarAPP+
Please identify whether the following features are supported by the implemented
platform. All features are required for the platform to qualify for funding. CEC staff will
verify prior to payment approval.
Performs an automated plan review for residential solar energy
systems that completes automatic code compliance checks based
on user inputs (such as a contractor), thereby enabling or
otherwise issuing permits instantly when the project is confirmed
as code compliant, without the need for human review
Yes No
Supports online, immediate fee payment once an application is
complete, which may include auto-invoicing of permit fee costs Yes No
Supports immediate generation of a permit job card following
payment confirmation Yes No
Blocks noncompliant applications from receiving a permit Yes No
EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with
current software and inspection platform already in use Yes No
5. REPORTING
Following adoption and verification of a qualifying platform, the
Energy Commission may request, and the Recipient will provide if
requested, annual data on the number of permits issued for solar
energy systems and a solar energy system paired with an energy
storage system including relevant characteristics of those systems,
such as system capacity.
Please indicate your acceptance of these terms.
Yes No
November 2022 APP-22-045
City of Santa Ana
Page 4 of 4
CalAPP Attachment 01
CERTIFICATION
I am authorized to complete and sign this form on behalf of the applicant.
I authorize the California Energy Commission to make any inquiries necessary
to verify the information presented in this application.
I have read and understand the terms and conditions contained in this
solicitation. I accept the terms and conditions contained in this solicitation on
behalf of the applicant, and the applicant is willing to enter into an agreement
with the Energy Commission to conduct the proposed project according to the
terms and conditions without negotiation.
I certify under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Name of Authorized
Representative:
Title:
Phone Number:
E-mail Address:
Date:
Signature of
Authorized
Representative:
November 2022 Page 1 of 5 APP-22-045
City of Santa Ana
Exhibit B
California Automated Permit Processing (CalAPP) Program
Terms and Conditions
1.Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to
support a grant program for cities, counties, or cities and counties to establish online solar permitting.
2.Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:
A.Grant Funding Opportunity (GFO) 21-402.
B.Recipient’s application to CalAPP.
As between the incorporated documents and the remainder of this Agreement, the rest of this
Agreement takes priority in case of a conflict.
3.Budget, Invoices, and Payments
a)The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during
the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not
more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under
this Agreement.
b)Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30,
2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it
takes the CEC administrative time to review, approve, work with the Recipient to correct any
errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient
acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts
due under the Agreement, it risks not receiving payment, and relinquishes all rights to such
payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is
of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.
The Recipient may request payment from the Energy Commission at any time during the term of this
Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but
no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet.
c)If invoicing for in-house staff time, the template invoice spreadsheet must identify the
employee’s name, hours worked, and billing rate to be included as a reimbursable expense.
d)Unallowable costs include:
•Software not related to the adoption of a qualifying online, automated permitting platform.
•Any costs incurred or activities conducted prior to entering into a grant agreement with the
Energy Commission or incurred after the grant agreement has ended.
November 2022 Page 2 of 5 APP-22-045
City of Santa Ana
• Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform.
• All other costs not identified as allowable.
• Unreasonable amounts or rates.
4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement
shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient
further certifies that it shall comply with all applicable laws in performing this Agreement.
5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for employment because of
sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including
HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.
The Recipient 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 Recipient 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 Recipient 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 Recipient shall include the nondiscrimination and compliance provisions of this section in all
subcontracts to perform work under this Agreement.
6. 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 with the requirements of the Drug-Free Workplace Act of 1990
(Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following
actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited, and specifying actions to be taken
against employees for violations as required by Government Code Section 8355(a).
November 2022 Page 3 of 5 APP-22-045
City of Santa Ana
2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to
inform employees about all of the following:
• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace;
• Any available counseling, rehabilitation, and employee assistance programs; and
• Penalties that may be imposed upon employees for drug abuse violations.
3) Provide, as required by Government Code Section 8355(c), that every employee who works on
the proposed project:
• Will receive a copy of the company's drug-free policy statement; and
• Will agree to abide by the terms of the company's statement as a condition of employment on
the project.
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 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 as noted above.
7. Americans With Disabilities Act
By signing this Agreement, the Recipient 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.
8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing
the Agreement. The Recipient 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 Recipient agrees to maintain such records for
possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient
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 Recipient agrees to include a similar right of the 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 16.
Access to Sites and Records.
9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works
requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may
trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing
November 2022 Page 4 of 5 APP-22-045
City of Santa Ana
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,
Recipient certifies that it shall comply with all applicable Public Works laws and requirements.
10. Intellectual Property
As between the Recipient and the CEC, the Recipient 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
all intellectual property, such as the products identified in Section 2. above, for governmental purposes
the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision
securing these rights for the CEC in all of its subcontractor agreements related to performance of this
Agreement.
11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both
the Recipient and CEC.
12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
13. Independent Capacity
In the performance of this Agreement, Recipient 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.
14. 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.
15. 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.
16. Access to Sites and Records
The Recipient 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 8. Accounting and Audit.
November 2022 Page 5 of 5 APP-22-045
City of Santa Ana
17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this
event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.
18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a
third-party beneficiary to the agreement.
19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own
terms or via termination:
• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary
Exhibit C
CONTACT LIST
November 2022 Page 1 of 1 APP-22-045
City of Santa Ana
California Energy Commission Recipient
Commission Agreement Manager:
Adam Van Winkle
California Energy Commission
716 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 477-1799
e-mail: adam.vanwinkle@energy.ca.gov
Project Manager:
Mark Smith
City of Santa Ana – Planning and Building
Agency
20 Civic Center Plaza
Santa Ana, Ca, 92701
Phone: (714) 647-5845
e-mail: Msmith@santa-ana.org
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:
Jason Kwak
City of Santa Ana – Planning and Building
Agency
20 Civic Center Plaza
Santa Ana. CA 92701
Phone: (714) 647-5866
e-mail: Jkwak@Santa-Ana.org
Invoices, Progress Reports and Non-
Confidential Deliverables to:
California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: invoices@energy.ca.gov
Accounting Officer:
Chelsea Shafer
City of Santa Ana – Planning and Building
Agency
20 Civic Center Plaza
Santa Ana, Ca, 92701
Phone: (714) 647-5113
e-mail: Cshafer@Santa-Ana.org
Legal Notices:
Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: tatyana.yakshina@energy.ca.gov
Recipient Legal Notices:
Clerk of the Council
City of Santa Ana – Clerk of the Council
20 Civic Center Plaza
Santa Ana, Ca, 92701
Phone: (714) 647-6520
e-mail: Cityclerk@Santa-Ana.org