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
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)
soa,. ;i,i;,./E Rule 45 Electric Vehicle Infrastructure Application ... ~ SempraEnergyUlilly· Residential Multi-Unit Dwelling I Commercial/ Industrial Development Please complete and submit this request along with the REQUIRED plans to the applicable SDG&E Project Management office.
Project Information
D Electric Overhead Service D Electric Underground Service Date Initial service needed I 8/21/2026 ====----:::===
ProjectAddress/Locationl veterans Memorial Park, North parking lot ! Cityl Carlsbad lstatel CA I Zlo! 92008 Nearest Cross Street I Faraday Ave & Whitman Way jAssessor's Parcel# I 212-271-03-00 i Building ;_P.:e:.,::rm:.:,:it:...::.#~I==========:
Applicant/ Company Name! City of Carlsbad I Phone #I 442-339 -2539 Applicant Address! 1200 Carlsbad Village Drive ! Cityl Carlsbad State! CA i Zipl 92008 I
(Include whether lndlvldu al, partnership, corpora tion - Including Legal name to appear on contract! City of Carlsbad . an Incorporate d assoclatton, state of Incorporation or LLC) Name of person authorized to sign.._co_ n-tra_ct_s-;:I =Ke=i=th=B=l=a=ck=b=u=m==========:....------., Title I Mayor Mailing address for contract I 1200 Carlsbad Village Drive ! City I Carlsbad State! CA I Zipl 92008 Primary Contact Information (primary person relaying 111for111at1on betwe en appli cant and SOG&E represent ative) Name of Primary Contact Yi Su Company I City of Carlsbad Phone# I 442-339-2539 I Cell#! 442-372-1679 I Email I [email protected] Mailing Address! 3096 Harding Street jcityj Carlsbad I state j CA IZipl 92008 Construction Information
Number of Charging Ports Required: ._I _____ 8 ____ __, Maximum Power Level for each EVSE: I 6,656 W I Will existing SDG&E electric overhead facilities require undergrounding? [R) No O Yes ';:I ==============:1 If yes, date needed: ._ ________ _,
Will any existing SOG&E gas or electric facilities require relocation or removal? l]g No D Yes • • Are you planning on installing any self-9eneration equipment (photo voltaic or wind generation)? (Z] No O Yes Operating Information
Type of Building (Office, Restaurant, Manufacturing, School, Shell, etc.) ! Public park surface parking lot Operating Hours ~ Hours/day ~ Days/week. Daily Ope ... _ra_t-ing--'-H- rs1 :!=8:==rla ... mrl=:'10~ 1l p_m_ P_ro_po_ sed_ a_n_n-ua_l_k_WH __ U_sag_ e-;l=4=0=,o=o=o=:
Load Information (If multipl e bu1ld111gs. plea se provide separate gas and electri c load 111forrnat1on for each buold1119) IMPORTANT NOTE: Do NOT Install your electric main switch until the meter location Is approved by SOG&E.
New Main Switch Size (Service Termination Enclosure) I 400A j Voltage: (select one) . .
~120/2 40 Volt, 3-wire, 10 O 240/120 Volt, 4-wire, 30 0208/120 Volt, 4-wire, 30 0 480/277 Volt, 4-wire, 30 D Primary voltage(> 480 Volts) □ Other (specify) Customer Information
What is type of site (workplace, fleet, MUD, etc.):_P_u_b_lic_pa_r_k_s_u_rf_a_ce_pa_rk_in_g_lo_t _______ ____________ _ Is charging publidy accessib le, shared , or private: __ P_u_b_lic_ly_ a_cc_e_s_s_ib_le ______________________ _ Is site located in a disadvan taged community (DAC), another designated under-served communi ty location (if so, which), or neither.
No
Is custome r participating in another SDGE incentive/infrastructure program: __ N_o ___________________ _ Is site at a garage , a surface parking lot installation, or other (must explain "other"):_S_u_rf_a_c_e_p_a_rk_i_ng_lo_t __________ _ Will site primarily service light, medium , or heavy-duty or off-road EVs, or a mix: __ M_e_d._1u_m _________________ _ Other Comments: _________________________________________ _ Applicant represents and warrants that it is the owner or authorized agent of the proposed site and has the authority to bind itself to undertake and perf~rm each and eve,y obligation required of Applica~-r~ A A ~ Print Name : I Keith Blackbum I s ignature: _lL/Y v '-"""" Datcrrto! -u ?-41 Nov. 19,2024 ---~----- --,1=te~m~#~2,--- Page~ Rule 45 Electric Vehicle Infrastructure Application
A~~mpraEnergyulillly - Residential Multi-Unit Dwelling/ Commercial/ Industrial Development Please complete and submit this request along with the REQUIRED plans to the applicable SDG&E Project Management office.
Project Informat ion
0 Electric Overhead Service O Electric Underground Service Date Initial service needed I 8/21/2026 I ProJectAddress/Locationl veterans Memorial Park, South parking lot I Cityl Carlsbad lstatel CA I Ziol 92008 I Nearest Cross Street I Faraday Ave & Whitman Way I Assessor's Parcel# I 212-271-03-00 I Building Pennit # I I Applicant / Company Name! City of Carlsbad I Phone#] 442-339-2539 J Applicant Addres~ 1200 Carlsbad Village Drive I Cityl Carlsbad State I CA i Ziol 92008 i I I
(Include whether lndlvtdual , partnerahlp , corporatio n - Including Legal name to appear on contract City of Carlsbad . •n Incorporated 1uocl1Uon, allte or Incorporation or LLC) Name of person authorized to sign,._co_ n_tra_cts_;::j =K=e=i=th=B=l=a=ck=b=u=m==========:!.------J-, Title I Mayor Mailing address for contract I 1200 Carlsbad Village Drive ----~ City I Carlsbad Stal~ CA IZiol 92008 Primary Contact Information (pmnary perso n relaying 111format1on betwe en applicant and SDG&E rep resen tative) Name of Primary Contact ! Yi Su
Phone# I 442-339-2539
---;:=======~' Co= m..:pa:.:;ny I City of Carlsbad
I Cell# I 442-372-1679 I Email I [email protected]
Mailing Address I 3096 Harding Street ICitJ1 Carlsbad !State! CA IZiPI 92008 Construction Information
Maximum Power Level for each EVSE: I 6,656 w
No O Yes ::I================:
If yes, date needed: ---------~ No D Yes _
Number or Charging Ports Required: 1~ _____ 6 ____ __,
Will existing SDG&E electric overhead racilitles require undergrounding? Will any existing SDG&E gas or electric facilities require relocation or removal? Are you planning on installing any self-generation equipment (photo voltaic or wind generation)? IBJ No D Yes Operating Information
Type of Building (Office, Restaurant. Manufacturing, School, Shell, etc.) Public park surface parking lot Operating Hours [JI] Hours/day CI:] Days/week. Daily Ope .... ·--ra-t-ing--'-H-rs- :rl =a==;l""am'=:'1~0..,-pm---P-ro_po_s_ed_ a_n_nu_a_l k-WH--U-sag- e--;l;::3=0=.o=o=o=:::; Load Information (1f multiple brnldmgs. please provide separate gas and electric load 111forma11on for each bu1ld111g) IMPORTANT NOTE: Do NOT Install your electric main switch until the meter location Is approved by SDG&E.
New Main Switch Size (Service Termination Enclosure)l 200A I Voltage: (select one) .
fld1201240 Volt, 3-wire, 10 O 240/120 Volt, 4-wire, 30 □ 208/120 Volt, 4-wire, 30 0 4801277 Volt, 4-wire, 30 0 Primary voltage(> 480 Volts) O Other (specify) Customer Information
What is type of site (workplace, fleet. MUD, etc.):_P_u_b_lic_pa_r_k_s_u_rf_a_ce_pa_r_k_in_g_lo_t ___________________ _ Is charging publicly accessible, shared, or private: __ P_u_b_lic_l_y_a_cc_e_s_s_ib_le _______________________ _ Is site located in a disadvantaged community (DAC), another designated under-served community location (if so, which), or neither.
No
Is customer participating in another SDGE incentive/infrastructure program: __ N_o _______ ____________ _ Is site at a garage, a surface parking lot installation, or other (must explain •other"}: Surface parking lot ---------------- --
Wi II site primarily service light, medium, or heavy-duly or off-road EVs, or a mix:_M_e_di_u_m _____________ _ ___ _ Other Comments: __________________________ ________ _______ _ Applicant represents and warrants that it is the owner or authorized agent of the proposed site and has the authority to bind itself to undertake and perf~rm each and every obligation required of A~1-A / Print Name: Keith Blackbum Signature: \ (/\ vv-- DatJ:11 t L.:C>/je7,.8 j Nov. 19, - --------- -.IT'"te-m~# ..... 2.--- Page 'so'f 13 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
8. Data Collection and Use. Applicant shall support the data collection requirements of Rule 45. Data collection requirements wlll conform with the requirements of the California Public UllllUes Commission ("CPUC") and Data Reporting template to be provided. Applicant hereby expressly consents to the use and disclosure, by SDG&E, its agents and representatives, of data gathered as part of Rule 45 for use in regulatory reporting, industry forums·, case studies or other similar activities.
9. Upon completion of requested work, ownership shall vest to SDG&E and Applicant as set forth In Rule 45.
10. Applicant acknowledges and agrees that SDG&E is regulated by the CPUC, and that this Agreement Is governed by SDG&E's applicable electric and gas rules approved and on file with the CPUC, which can be found on SDG&E's website at www.sdq e.com under the category "Rates & Regulations". SDG&E electric and gas rules apply to all facets of SDG&E's business including without limitation, rates for services, types of services that may be performed, allocation of subsidies, and standards for equipment. Applicant agrees to accept any changes to the Agreement resulting from any changes or modifications to SDG&E's electric and gas rules, Including without limitation, SDG&E Electric Rules 15, 16, 20, and 45, and orders of or decisions by the CPUC.
11. If the Applicant falls to comply with any of the above requirements, including but not limited to Section 4, as reasonably determined by SDG&E, SDG&E may terminate this Agreement and discontinue service. In addition, SDG&E may pursue reimbursement of SDG&E's costs, Including without limitation , engineering and design costs, and any costs associated with the deenerglzing and removal of the utility-side EV infrastructure.
This Agreement is effective when accepted and executed by SDG&E.
Mailing Address:
City of Carlsbad
Applicant
Keith Blackburn
Signature
Mayor
Title
Dale
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Nov. 19, 2024
SAN DIEGO GAS & ELECTRIC COMPANY
Nathan Bruner
Authorized by (Print)
e-Signed by Nathan Bruner
on 12-0l-202-4 16:42:17 PST
Signature
Tille
2024-12-03 16:42:17 PST
Date
Item #2 Page 10 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
SDGE'"
AGREEMENT TO PERFORM RULE 45
TARIFF SCHEDULE RELATED
WORK
a Data Collection and Use. Applicant shall support the data collection requirer:nents of Rule 45. Data collection requirements will conform with the requirements of the California Public Utilities Commission ("CPUC") and Data Reporting template to be provided. Applicant hereby expressly consents to the use and disclosure, by SDG&E, its agents and representatives , of data gathered as part of Rule 45 for use in regulatory reporting, industry forums, case studies or other similar activities.
9. Upon completion of requested work, ownership shall vest to SDG&E and Applicant as set forth In Rule 45.
10. Applicant acknowledges and agrees that SDG&E Is regulated by the CPUC, and that this Agreement is governed by SDG&E's applicable electric and gas rules approved and on file with the CPUC, which can be found on SDG&E's website at www.sdge.com under the category "Rates & Regulations•. SDG&E electric and gas rules apply to all facets of SDG&E's business including without limitation, rates for services, types of services that may be performed, allocation of subsidies, and standards for equipment. Applicant agrees to accept any changes to the Agreement resulllng from any changes or modifications to SDG&E's electric and gas rules, Including without limitation, SDG&E Electric Rules 15, 16, 20, and 45, and orders of or decisions by the CPUC.
11. If the Applicant falls to comply with any of the above requirements, including but not limited to Section 4, as reasonably determined by SDG&E, SDG&E may terminate this Agreement and discontinue service. In addition, SDG&E may pursue reimbursement of SDG&E's costs, Including without limltatlon, engineering and design costs, and any costs associated with the deenergizing and removal of the utility-side EV Infrastructure.
This Agreement Is effective when accepted and executed by SDG&E.
City of Carlsbad
Applicant
-rt, Keith Blackbum
~ d by (Print)
Mailing Address:
Signature
Mayor
Title
Date
1200 Carlsbad Village Drive
Carlsbad, CA 92008
APPROVED AS TO FORM
:in~~McM; on, City Attorney
~~t puty City A orney
City el, arlsbad, California
Nov. 19, 2024
SAN DIEGO GAS & ELECTRIC COMPANY
Nathan Bruner
Authorized by {Print)
e-Signed by Nathan Bruner
on 12~3-2024 16 : ◄ J : 10 PST
Signature
Title
2024-12-03 16:43:10 PST
Date
Item #2 Page 12 of 13