CA Review ___AF___
Meeting Date: Nov. 19, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Nick Stupin, Parks Planning Manager
[email protected], 442-339-2527
Subject: Agreement with San Diego Gas & Electric to Provide, Install and Maintain Electric Vehicle Charging Station Infrastructure at Veterans Memorial Park District: 2
Recommend
ed Action
Adopt a resolution authorizing execution of an application and agreement with San Diego Gas & Electric to provide, install, and maintain electric vehicle charging station infrastructure as part of the Veterans Memorial Park Project, Capital Improvement Program Project No. 4609.
Execut
ive Summary
The Veterans Memorial Park Project, Capital Improvement Program Project No. 4609, is a 93.7 acre park development project located southeast of the Agua Hedionda Lagoon. This new park will be the city’s largest community park. The design is intended to create a family-oriented park with spaces and activities designed for all ages and abilities combining both active play areas and peaceful spots to relax. (Exhibit 2).
San Diego Gas & Electric has an electric vehicle infrastructure policy that will allow the city to provide more public EV charging stations, with little installation-related costs to the city. SDG&E will pay for the design, construction, installation, and maintenance of the utility-owned infrastructure for the city’s EV charging stations, minus a $5,000 administrative fee.
Staff recommend the City Council authorize the execution of an application and agreement with SDG&E to perform the EV charging station infrastructure work as part of the Veterans Memorial Park Project.
The City Council’s authorization is required because there is no municipal code section or resolution authorizing the City Manager or the Mayor to execute such an application and agreement. Additionally, the agreement requires the city to broadly indemnify SDG&E for any damages that might arise from its work related to the agreement, which necessitates the City Council’s approval.
Nov. 19, 2024
Item #2 Page 1 of 13
Explanation & Analysis
The City Council approved the Final Veterans Memorial Park Master Plan on July 26, 2022. Staff anticipate returning to the City Council for approval of the park’s construction plans, specifications and contract documents, and authorization to bid the project in Spring 2025.
The Veterans Memorial Park Project will have EV charging stations in the park’s north and south parking lots. The park’s plans and specifications will include the infrastructure for seven public, dual port Level 2 EV charging stations. Three of the charging stations will be installed with the park’s initial construction, and the four other charging stations will be subsequently installed according to the demonstrated need.
The project design team had already been developing the plans and specifications required to install the EV charging stations at the park when SDG&E established its EV infrastructure policy.
The policy was created in response to Assembly Bill 841, which requires utility companies to undertake transportation electrification efforts approved by the California Public Utilities Commission to advance California’s goal of reducing greenhouse gas emissions of to 40% below 1990 levels by 2030.
Under its EV infrastructure policy, SDG&E will design and install the electric distribution infrastructure for all customers putting in EV charging stations that will have their own electric meters, other than those being installed in single-family homes. This includes all the required equipment and the associated engineering and civil construction work. The policy does not cover the costs of relocating or removing existing utility infrastructure, which would be the city’s responsibility.
Staff identified Veterans Memorial Park as an appropriate site for this infrastructure opportunity because it met the qualifications for participation, and its plans and specifications were already in development with SDG&E.
Under the proposed agreement, SDG&E will cover the utility-owed infrastructure construction costs. The city is not obligated to use a certain amount of power from the chargers, which eliminates the risk of the city needing to make future payments to SDG&E if the chargers are underutilized.
Under the agreement, SDG&E will:
• Design the utility-owned electric distribution infrastructure to operate the proposed Level 2 EV charging stations
1 • Purchase the materials and equipment necessary to complete the construction of the utility-owned electric distribution infrastructure
• Construct and maintain all utility-owned electric distribution infrastructure In agreeing to participate in this program, the city will:
• Pay an administrative fee of $5,000 ($2,500 per electric meter) to SDG&E • Engineer, permit, and construct the city-owned electric infrastructure, including the Level 2 chargers
• Grant SDG&E an easement for new utility-owned electric distribution infrastructure
1 Level 2 chargers use 240-volt AC electricity to charge an EV's battery and can charge an EV's battery much faster than 120-volt Level 1 chargers.
Nov. 19, 2024
Item #2 Page 2 of 13
• Fund and execute the operation and maintenance of the charging stations for at least five years from when SDG&E makes the power available
• Remedy any charging station maintenance issue within 90 days of the start of the issue • Reimburse all of SDG&E’s costs, if any of the charging stations are not in working condition after one year
• Install and activate the charging stations within 30 days after the SDG&E makes the power available
• Collect data required by the agreement and provide project information to SDG&E that conforms to the requirements of the California Public Utilities Commission • Indemnify SDG&E for any damages that might arise from its work related to the agreement
Options
Staff provide the following options for the City Council’s consideration:
1. Authorize execution of an application and EV Infrastructure Rule 45 Agreement Pros
• Provides a more cost-effective solution for the new electric utility service required for the project
• Supports the goals of the city’s Climate Action Plan to reduce greenhouse gas emissions
Cons
• Costs of designing and installing utility-owned electric infrastructure will fall solely on the city if agreement terms are breached
2. Do not authorize execution of an application and EV Infrastructure Rule 45 agreement Pros
• Removes the risk of paying back costs to SDG&E if terms are breached Cons
• City would not realize cost savings on design, construction, and materials • SDG&E will set a customer allowance for the city’s EV charging stations based on estimated future load, and payments to SDG&E will be a possibility if the charging stations are underutilized
Staff recommend Option 1.
Fiscal Analysis
SDG&E charges an administrative fee of $5,000 ($2,500 per electrical meter) to participate in this program. Sufficient funding is available in the Veterans Memorial Park Capital Improvement Program Project budget.
The city is responsible for the costs associated with engineering, permitting, constructing and maintaining city-owned electric infrastructure.
The city is responsible for the ongoing costs of the electricity consumed by the EV charging stations and the annual EV charging station software subscription costs. The city will collect use fees by drivers to offset these ongoing costs.
The city will not incur any ongoing membership or participant fee by executing this agreement.
Nov. 19, 2024
Item #2 Page 3 of 13
Next Steps
SDG&E will proceed with final design of the utility-owned infrastructure and secure any necessary easements for the project. Construction of the utility-owned infrastructure will be integrated into the overall park construction and will take about three months to complete.
Environmental Eval uation
The City Planner has determined that on June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a mitigated negative declaration and mitigation monitoring and reporting program, and adopted Resolution No. 7454, approving Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0006, and Habitat Management Plan Permit HMP 2021-0006 for Veterans Memorial Park.
Exhibits
1. City Council resolution
2. Veterans Memorial Park illustrative plan
Nov. 19, 2024
Item #2 Page 4 of 13
Exhibit 1
Nov. 19, 2024
Item #2 Page 5 of 13
RESOLUTION NO. 2024-252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF AN APPLICATION AND
AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE, INSTALL, AND
MAINTAIN ELECTRIC VEHICLE CHARGING STATION INFRASTRUCTURE AS
PART OF THE VETERANS MEMORIAL PARK PROJECT, CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. 4609
WHEREAS, the City Council of the City of Carlsbad, California has determined that San Diego Gas & Electric established an electric vehicle infrastructure policy known as Rule 45 to support California 's goal of reducing emissions of greenhouse gases to 40% below the 1990 level by 2030; and WHEREAS, the Veteran s Memorial Park Project, Capital Improvement Program Project No. 4609, is a 93.7 acre park development project located southeast of the Agua Hedionda Lagoon; and WHEREAS, the design intent is for a fami ly-oriented park with a variety of multi-generational and inclusive amenities incorporated into active and passive recreational elements; and WHEREAS, the City Council approved the Final Veterans Memorial Park Master Plan on July 26, 2022, and staff anticipate returning to the City Council for approval of the park's construction plans, specifications and contract documents, and authorization to bid the project in Spring 2025; and WHEREAS, the park will have EV charging stations in the north and south parking lots; and WHERAS, the park's plans and specifications will include the infrastructure for seven public, dual port Level 2 EV charging stations.; and
WHEREAS, under Rule 45, SDG&E designs and deploys electric distribution infrastructure for all customers installing EV charging station s that will have their own electric meters, other than those being installed in single-family homes; and
WHEREAS, electric distribution infrastructure includes all the required equipment and the associated engineering and civil construction work; and WHEREAS, the city is not obligated to use a certain amount of power from the chargers, which eliminates the risk of needing to make future payments to SDG&E if the chargers are underused; and WHEREAS, there is an admin istrative fee of $5,000 ($2,500 per electrical meter) payable to SDG&E to participate in this program ; and.
WHEREAS, s ufficient funding is available in the Veterans Memorial Park Project budget to address the administrative fee; and
Nov. 19, 2024
Item #2 Page 6 of 13
WHEREAS, the city is responsible for the ongoing costs of the electricity consumed by the EV charging stations and the annual EV charging station software subscription costs. The city will collect use fees by drivers to offset these ongoing costs; and
WHEREAS, the city planner has determined that on June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopted Resolution No. 7454, approving Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0006, and Habitat Management Plan Permit HMP 2021-0006 for Veterans Memorial Park.
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 Council does hereby authorize and direct the Mayor to execute an application (Attachment A) and agreement (Attachment B) with San Diego Gas & Electric to provide , install, and maintain electric vehicle charging station infrastructure as part of the Veterans Memorial Park Project, Capital Improvement Program Project No. 4609.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November, 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)
SDGE
™
AGREEMENT TO PERFORM RULE 45
TARIFF SCHEDULE RELATED
WORK
Attachment B
f City of Carlsbad) (Applicant) has requested SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation (SDG&E), to perform the tariff schedule related work in accordance with Electric Rule 45 and as located and described in paragraph 6 herein.
SDG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials, and related facilities required therefore, subject to the following conditions:
1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to SDG&E and without cost to it.
2. Applicant shall indemnify and hold harmless SDG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of SDG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of SDG&E, Applicant or any third party, arising out of or in any way connected with the performance of this Agreement but only in proportion to and to the extent such liability, loss, attorneys' fees, and expenses were caused by or result from the negligent or intentional acts or omissions of the Applicant, its officers, employees or agents. Applicant will pay all costs that may be incurred by SDG&E in enforcing this indemnity, including reasonable attorneys' fees.
3. The Applicant must activate the initial agreed upon quantity of charging stations within 30 business days after service point energization by SDG&E (aka: DRS or Date Ready for Service). The Applicant must provide written confirmation to SDG&E once additional Charging Stations are installed. Due to any unforeseen financial or material lead time impact, the installation date of future chargers may be modified within the five-year contract term, subject to mutual agreement between SDG&E and the Applicant.
4. The Applicant understands that they are responsible for funding and executing the operation and maintenance of the charging stations for a minimum of 5 years from the DRS date. Applicant must remedy any charging station maintenance issue within 90 days of the start of such maintenance issue. Failure to comply with these terms may, at utility's discretion, result in discontinuation of service. In the event of discontinuation of service, Applicant shall reimburse utility's costs. If any of the charging stations are not in working condition for one year Applicant shall reimburse all utility costs incurred under this Rule to the utility, subject to utility's knowledge.
5. At the start of DRS, Applicants will be enrolled as a default in the then available commercial time-variant electric vehicle ('EV") rate offered by SDG&E, unless otherwise agreed to by the Parties.
6. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by SDG&E. If more space is required, use other side, and attach any necessary drawings as Exhibits A, B, C, etc.):
LOCATION: Faraday Ave & Whitman Way, Veterans Memorial Park North Parking Lot, Carlsbad, CA 92008 DESCRIPTION OF WORK: Design and construct the electrical infrastructure for park amenities and public EV charging stations.
7. In addition to any other amounts that may be due from Applicant, the Applicant agrees to pay an application fee of $2 ,500 to initiate the project and perform a load study. Upon receipt of payment, SDG&E will assign the project to a designated Project Manager and a Utility Design Team. The Project Manager will coordinate the specifics of the project with Applicant and coordinate the timeline. The application fee will be nonrefundable, except that if the project achieves energization, SDG&E will apply the application fee to project costs payable by Applicant and return any unused amount to Applicant.
Nov. 19, 2024
Item #2 Page 9 of 13
SDGE
™
AGREEMENT TO PERFORM RULE 45
TARIFF SCHEDULE RELATED
WORK
I City of Carlsbad] (Applicant) has requested SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation (SDG&E), to perform the tariff schedule related work in accordance with Electric Rule 45 and as located and described in paragraph 6 herein.
SDG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials, and related facilities required therefore, subject to the following conditions:
1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to SDG&E and without cost to it.
2 Applicant shall indemnify and hold harmless SDG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of SDG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of SDG&E, Applicant or any third party, arising out of or in any way connected with the performance of this Agreement but only in proportion to and to the extent such liability, loss, attorneys' fees, and expenses were caused by or result from the negligent or intentional acts or omissions of the Applicant, its officers, employees or agents. Applicant will pay all costs that may be incurred by SDG&E in enforcing this indemnity, including reasonable attorneys' fees.
3. The Applicant must activate the initial agreed upon quantity of charging stations within 30 business days after service point energization by SDG&E (aka: DRS or Date Ready for Service). The Applicant must provide written confirmation to SDG&E once additional Charging Stations are installed. Due to any unforeseen financial or material lead time impact, the installation date of future chargers may be modified within the five-year contract term, subject to mutual agreement between SDG&E and the Applicant.
4. The Applicant understands that they are responsible for funding and executing the operation and maintenance of the charging stations for a minimum of 5 years from the DRS date. Applicant must remedy any charging station maintenance issue within 90 days of the start of such maintenance issue. Failure to comply with these terms may, at utility's discretion, result in discontinuation of service. In the event of discontinuation of service, Applicant shall reimburse utility's costs. If any of the charging stations are not in working condition for one year Applicant shall reimburse all utility costs incurred under this Rule to the utility, subject to utility's knowledge.
5. At the start of DRS, Applicants will be enrolled as a default in the then available commercial time-variant electric vehicle ('EV") rate offered by SDG&E, unless otherwise agreed to by the Parties.
6. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by SDG&E. If more space is required, use other side, and attach any necessary drawings as Exhibits A, B, C, etc.):
LOCATION: Faraday Ave & Whitman Way, Veterans Memorial Park South Parking Lot, Carlsbad, CA 92008 DESCRIPTION OF WORK: Design and construct the electrical infrastructure for park amenities and public EV char ging stations.
7. In addition to any other amounts that may be due from Applicant, the Applicant agrees to pay an application fee of $2,500 to initiate the project and perform a load study. Upon receipt of payment, SDG&E will assign the project to a designated Project Manager and a Utility Design Team. The Project Manager will coordinate the specifics of the project with Applicant and coordinate the timeline. The application fee will be nonrefundable, except that if the project achieves energization, SDG&E will apply the application fee to project costs payable by Applicant and return any unused amount to Applicant.
Nov. 19, 2024
Item #2 Page 11 of 13
Exhibit 2
Nov. 19, 2024
Item #2 Page 13 of 13
WHITMAN
\
('cicyof
Carlsbad
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Parks & Recreation Department
-- --
•• M
DESIGN GROUP 31 591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
1949] 493-2690 fax
[949] 493-2600 phone
--- --- --- ---
HABITAT MANAGEMENT PLAN
PRESERVE AR.EA
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HABITAT
ANA0EMEN
I
PLAN
PRESERVE
AR.EA
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HABITAT MANAGEMENT PLAN
PRESERVE AR.EA
--- --- --- 7
14 '
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HABITAT MANAGEMENT PLAN
PRESERVE AR.EA
0 I
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PARK AREAS LEGEND
0 VETERANS MEMORIAL PLAZA
0 C.OMMUNITY GATHER ING AREA
0 61.JILDING (2,0005f) Hith PAVILION,
\:::.,I RESTROOM , 4 C.ATERING SUPPORT ROOM
© PLAY AREAS
@ INc.LUSIVE PLAYGROUND
§ RUSTIC., NATURE-INSPIRED PLAYGROUND
@ YOUNG KIDS PLAYGROUND
© YOGA 4 PASS IVE RELAXATION AREA
0 NATIVE GARDENS
0 P IC.NIC. AREAS
0 ADA PATHWAY
lj\ NORTH PARKING AREA
\::..I (12 TOTAL STALLS, 12 ADA)
0 HATER QUALITY TREATMENT AREAS
0 PU6L IC. ART
HABITAT MANAGEMEN T PLAN
PRESERVE AR.EA
(0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
INTERPRETIVE GARDEN
RESTROOM (1,200,sP)
FAMILY-ORIENTED 6 IKE PARK
MUL Tl-GENERAT IONAL OUTDOOR F ITNESS AREA
OUTDOOR EDUC.A TION AREA
SOUTH PARKING AREA
(B1 TOTAL STALLS , 2 ADA)
FITNESS CLIM6
FITNESS RUN
ENTRY PLAZA TO 6 IKE PARK
DESAL REC.EIVER PIT
EXIST ING SUS STOP HITH
NEH LAND ING PAD 4 SENC.H
MAINTENANCE AREA
OVERLOOK AREA
B IKE PARK SPECTATOR AREA
FARADAY AVENUE UNDERGROSS ING
CONSTRUCTION LEGEND
0 0
0 0
0 0
0 0
0 @
0 @
@
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CONS TRUc-T,
INTERNAL PATHWAY (PERMEABLE)
C.ONCRETE SIDEWALK (VEHICULAR RATED)
F ITNESS RUN (e,' HIDE , PERMEABLE)
DEC.ORAT IVE CONC.RETE
DEC.ORAT IVE PAVING
RESIL IENT SURFACING (PERMEABLE)
VEHICULAR ASPHALT DRIVE AISLES
VEHICULAR PARKING STALLS
(ASPHALT PAV ING)
BIKE PARK 5URFAC.E
(DIRT TRACK MIX)
RETAINING HALLS
PROPOSED MONUMENT SIGN
(SY SEPARATE PERMIT)
C.ONTROLLED PARK ACCESS POINTS
(DECORAT IVE PAV ING W CONC. SAND)
MULTI-USE PER IMETER TRAIL
CONC.RETE SIDEWALK (NON-VEHIC.ULAR)
BOUNDARY LEGEND
-------- 20' HABITAT 61.JFFER
20'
- -- -- -- -- - HAB ITAT MANAGEMENT PLAN BOUNDARY
O ' SO ' 100 ' 200 '
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EXHIBIT A - SITE PLAN
VETERANS MEMORIAL PARK MASTER PLAN
AUGUST 9, 2022