CA Review GH
Meeting Date: Jan. 9, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Bradley Northup, Public Works Superintendent [email protected], 442-339-5193
Subject: Amendment to a Grant of Easement with San Diego Gas and Electric for the Power Your Drive for Fleets Make-Ready Infrastructure Program Districts: All
Rec
ommended Action
Adopt a resolution authorizing a first amendment to a grant of easement with San Diego Gas and Electric for the Power Your Drive for Fleets Make-Ready Infrastructure Program to install electric vehicle charging infrastructure.
Executive Summary
San Diego Gas and Electric, or SDGE, provides its Power Your Drive for Fleets Make-Ready Infrastructure Program to support vehicle fleets being converted to electric-powered medium- duty and heavy-duty vehicles. The City Council authorized the city to enter into an agreement with SDGE last year under which SDGE will install up to 28 fast electric vehicle charging stations at the city’s fleet maintenance facility at 2480 Impala Drive.
Progress on the first phase of construction was delayed longer than anticipated due to issues SDGE had in procuring essential high-voltage electrical infrastructure components. These delays have resulted in the need to amend the original easement with SDGE.
Staff request that the City Council authorize a first amendment to the grant of easement with SDGE, extending the easement expiration date to Dec. 31, 2027, to allow for installation of all of the electric vehicle charging infrastructure anticipated in the agreement.1 Discussion
On Jan. 11, 2022, the City Council authorized execution of an agreement to participate in the SDGE Power Your Drive for Fleets Make-Ready Infrastructure Program and a grant of easement to SDGE to install this “make-ready” infrastructure at the city’s fleet maintenance facility (Resolution No. 2022-008). (The easement was recorded in the office of the San Diego County Recorder on Feb. 1, 2022, as Document No. 2022-0048444.) The grant of easement gave SDGE the right-of-way to erect, construct and maintain undergrounding facilities, electrical 1 An easement gives public agencies and utilities the legal right to enter onto and use property they do not own for specified reasons, such as maintaining infrastructure.
Jan. 9, 2024
Item #5 Page 1 of 8
equipment and above-ground structures needed for installation of the EV charging stations. The easement covers two parcels. The term on one parcel extends indefinitely, but the terms related to one of the parcels expired on Dec. 31, 2022. This proposed amendment will extend the grant of easement on the parcel that has expired until Dec. 31, 2027.
SDGE completed the first phase of construction in December 2023, installing the SDGE- maintained infrastructure needed to power two Level 3 DC fast EV charging stations and to support future EV charging stations as identified in the agreement. Staff subsequently purchased the two charging stations to be installed upon completion of SDGE’s work.
In July 2023, staff were notified of an opportunity to purchase additional Level 3 DC fast EV charging stations at a discounted promotional price. Taking advantage of the discounted pricing, staff bought 10 EV charging stations to be used to complete the second through fourth phases of implementation, as outlined in the agreement.
SDGE has completed its preliminary design drawings for the second through fourth phases to install the 10 additional Level 3 DC fast EV charging stations, and staff anticipate these phases could be completed well in advance of the second quarter of 2025, as was called for in the agreement.
Equipment and permit delays during construction of the first phase resulted in the need to extend the existing easement with SDGE.
Rather than amending the grant of easement to SDGE with each subsequent phase of construction, as was originally anticipated, staff recommend the city execute of an amendment to the grant of easement, extending the expiration date to Dec. 31, 2027. Staff expect SDGE will be able to complete the infrastructure anticipated in the agreement by then.
Fiscal Analysis
Recording an amendment to this easement will have a negligible fiscal impact to the city and does not change any terms or conditions of the existing SDGE Power Your Drive for Fleets Make-Ready Infrastructure Program.
Next Steps
Upon execution of the amendment, staff will record the document in the Office of the San Diego County Recorder. SDGE will then be able to complete the design, permitting and construction of the electrical infrastructure, as anticipated in the agreement Environmental Evaluation
The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, has determined that this project is exempt pursuant to California Code of Regulations Sections 15301 - Existing Facilities and 1530 - New Construction or Conversion of Small Structures because the report and recommendations relates to and is a prelude to a series of potential enforcement actions. No appeals of this determination were received in accordance with Carlsbad Municipal Code Section 21.54.140.
Exhibit
1. City Council resolution
Jan. 9, 2024
Item #5 Page 2 of 8
RESOLUTION NO. 2024-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING A FIRST AMENDMENT TO A GRANT OF
EASEMENT WITH SAN DIEGO GAS AND ELECTRIC FOR THE POWER YOUR
DRIVE FOR FLEETS MAKE-READY INFRASTRUCTURE PROGRAM TO INSTALL
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
WHEREAS, on Jan. 11, 2022, the City Council of the City of Carlsbad, California determined that it is necessary to install make-ready infrastructure to support the conversion of medium and heavy duty vehicles to hybrid or electric vehicles; and
WHEREAS on Jan. 11, 2022, the City Council adopted Resolution No. 2022-008, authorizing an agreement with San Diego Gas and Electric (SDGE) for the Power Your Drive for Fleets Make-Ready Infrastructure Program, or Agreement; and
WHEREAS, on Feb. 1, 2022, Document No. 2022-0048444 was recorded in the office of the San Diego County Recorder granting SDGE an easement for electrical infrastructure being installed as part of the Agreement; and
WHEREAS, delays caused by infrastructure component availability and extended product lead times have resulted in the need to extend the existing easement; and WHEREAS, the First Amendment of the Grant of Easement extends the expiration date identified in the original easement document to Dec. 31, 2027, providing enough time for SDGE to complete the infrastructure delineated in the Agreement; and WHEREAS, the City Planner on Dec. 8, 2023, determined that the proposed project is exempt from the California Environmental Quality Act under Section 15601{b)(2), because the project is subject to the categorical exemptions outlined in Sections 15301{b) and 15303{d). No appeal to this determination under Carlsbad Municipal Code Section 21.54.140 was received.
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 Mayor is authorized and directed to execute the First Amendment to Grant of Easement with SDGE, attached hereto as Attachment A.
Exhibit 1
Jan. 9, 2024 Item #5 Page 3 of 8
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of January, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
�
SHERRY FREISINGER, City Clerk
{SEAL)
Jan. 9, 2024 Item #5 Page 4 of 8
,. r
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
8690 Balboa Ave.
San Diego, CA 92123
Attn: Real Estate Records - CP AO 1
Project No. 3-393337
Notif. No. 3-393485
A.P.N. No. 209-050-26
SR No.: 1315519
RW 374471
DOC# 2024-00517 49
111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII Feb 29, 2024 02:55 PM
OFFICIAl_ RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $23.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES: 4
SP ACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
FIRST AMENDMENT TO GRANT OF EASEMENT
THIS.FIRST AMENDMENT TO GRANT OF EASEMENT (the "First Amendment") is entered into as of Jan11v1� /0 , 2024 by and between CITY OF CARLSBAD, A MUNICIPAL CORPORATION, frantor") and SAN DIEGO GAS & ELECTRIC COMPANY, a corporation ("Grantee").
RECITALS
A. Grantor is the owner of that ce1iain parcel of real property (the "Prope1iy") more particularly described as follows:
That portion of Lot "B" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, more particularly described in a Deed recorded June 30, 1982 at File/Page No. 82-201566, of Official Records of said County of San Diego.
B. On January 14, 2022, Grantor entered into that certain Grant of Easement (the "Grant") with Grantee, recorded on February 1, 2022 at Document No. 2022-0048444 of Official Records of said County of San Diego, whereby the Grantor granted to Grantee an easement over the Property for the purpose of:
1. Underground facilities, together with aboveground structures consisting of, but not limited to, pad-mounted electrical equipment, and appurtenances for the transmission and distribution of electricity to the Facilities.
2. Communication facilities, and appurtenances, which can include Supervisory Control and Data Acquisition ("SCADA").
T: land/datallraforms/distrib/First Amendment to Grant of Easement 1 Attachment A
Jan. 9, 2024 Item #5 Page 5 of 8
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C. Grantor and Grantee desire to amend the Grant to revise expiration date within said easement described as Parcel B in the Grant from December 31, 2022 to December 31, 2027 for underground facilities, communication facilities, and appmienances.
AMENDMENT
NOW, THEREFORE, Grantor and Grantee agree as follows:
1. The easement in the aforesaid prope1iy shall be those strips of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every utility facility installed within said property on or before December 31, 2027, EXCEPTING THEREFROM, those po1iions lying within Parcel A.
2. Except as modified by this First Amendment, the Grant shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed effective as of the date first written above.
Prepared by:
Checked:
Date:
R/W No.:
Site No:
Site Name:
SLSNW
SM
CITY OF --'-"'""'-...,,,BAD, A MUNICIPAL CORPORATION
By: ttl
Name: \<etfu �\�vk'wrY)
Title: M Cl� D(""
SAN DIEGO GAS & ELECTRIC COMPANY, a California
corporation --
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Right of W �r �pe'ltllSf)lc_
01/24/2023 (rev. 07/31/2023)
RW 372941
MD190021
City of Carlsbad
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A notary public or other· officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ST A TE OF CALIFORNIA
COUNTY OF S-1\� \)t� 'C)
On _j� ______ . _\ t)_, _1,o_ij ___ , before me �k��.............,.h:-��\;�ML_���__._l��--"--4\)�+---'--'-------�f----f \A��"---l ___ l c_, - (name, titk ofofficer)
personally appeared __ K_�_\.>....-;1ll ............... ----=�'----l fs(-'----"----4-r_fl..__\,l ___ f_._N....:;...__ _________ __, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Signature ofNotary Public)
T:land/data/lraforms/distrib/First Amendment to Grant of Easement 3 (Notary Seal)
ANA ALARCON
COMM. #2333444 z
o Notary Public • California �
San Diego County .....
M� Comm. Expires Sep. 14, 2024f
Jan. 9, 2024 Item #5 Page 7 of 8
A notary public or other officer completing this certificate verifies only the identity of the �ndividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTYOF_�'5�a��____..a.7>1,��-r�O __ 0
On 1ftbrw,m l'7, JC1.A, before me __ 11_n1 ___ '5_h-'--"i:J_J_�-����r/4--'---'--1ri_tl__.__,_/½�t1h_11_·m-i'-t_R_�_b_l16_ 1 ·�
J J (name, title of officer) ;
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the s-�me in his/her/their authorized capacity(ies ), and that by his/her/t�eir signatur�( s) on the instrument the person(s), or the entity upon behalf of which the person(s) ·acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
T: land/data/lraforms/distrib/First Amendment to Grant of Easement 4 ------------------- --------,
(Notary Seal)
Jan. 9, 2024 Item #5 Page 8 of 8