REPORT TO COUNCIL
SUBJECT
Title
Authorize the City Manager to Negotiate Terms of and Execute an Easement Deed with Pacific Gas and Electric Company (PG&E) over a Portion of the Clean Water Facility, previously the Water Pollution Control Plant (APN 110-03-064)
Report
BACKGROUND
The Sunnyvale Cleanwater Program is a public works program to rebuild the existing Clean Water Facility (Plant) previously the Water Pollution Control Plant (WPCP), which was initially built in 1956. Over the decades, the Plant has grown to a tertiary treatment facility with an average dry weather flow rate of 14 million gallons per day (MGD) and a permitted average dry weather flow rate of 29.5 MGD.
Because of the Plant’s age, the City developed a plan to reconstruct the Plant with new treatment processes. In 2016, the City Council adopted the WPCP Master Plan, which consisted of more than 30 capital improvement projects (RTC No. 16-0663). Capital Project 833210 consists of two construction packages: 1) the Site Preparation package and 2) the main package for the Secondary Treatment, Thickening, and Dewatering. Implementing the work in this manner reduces site conflicts and the risk of fluctuating site conditions on future construction packages.
The new infrastructure and treatment processes will require additional electrical service feeds to be available within the Plant. The existing Pacific Gas and Electric (PG&E) infrastructure does not have sufficient spare capacity to feed future power needs to the Plant.
EXISTING POLICY
Government Code Section 50335
The legislative body of a local agency may convey to any public corporation, or private corporation engaged in the public utility business, an easement to lay, construct, reconstruct, maintain, and operate water, sewer, gas, or storm drain pipes or ditches, electric or telephone lines, and access roads used in connection therewith, over and upon any land belonging to the local agency, upon such terms and conditions as the parties thereto may agree. Nothing contained herein shall relieve a public utility from any franchise requirement imposed by any law, charter, or ordinance.
ENVIRONMENTAL REVIEW
On August 23, 2016, the City Council certified the Program Environmental Impact Report (PEIR) for the Sunnyvale Water Pollution Control Plant Master Plan (RTC No. 16-0663). On August 10, 2021, City Council approved an addendum to the PEIR for the Site Preparation Project (RTC No. 21-0756). The proposed easement is within the scope of the PEIR and does not require additional environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines section 15162.
Furthermore, authorizing the City Manager to execute an easement deed is exempt from environmental review pursuant to CEQA Guidelines section 15061(b)(3) (common sense exemption), because it can be seen with certainty that there is no possibility that the easements that are not varying from the certified EIR could have a significant environmental effect.
DISCUSSION
The existing alignment of PG&E utilities at the Plant conflicts with improvements planned under the WPCP Master Plan. Additional electrical capacity is also needed to support the planned improvements.
The existing PG&E electrical service must be relocated to provide new service feeds to the Plant. The relocation will require the installation of new conduit and electrical equipment on the Plant site. As part of the WPCP Master Plan improvements, the new PG&E infrastructure will be installed to also accommodate increased electrical demand. The new buried infrastructure will include the relocated service feeds and a conduit system that can accommodate additional cable in the future. As the Plant’s power requirements increase, the new PG&E infrastructure will allow for future expansion of electrical capacity and meet increased electrical demand at the Primary 12 kV Switchgear.
An easement is required to grant PG&E the rights necessary to construct facilities needed to relocate existing infrastructure and expand electrical service to the Plant. The majority of the proposed easement - approximately 4,200 square feet - would run north to south parallel to the existing 10-foot-wide easement owned by PG&E in the Borregas Avenue alignment, stretching between the Plant’s north gate and Carl Road. An additional 2,000 square feet area near the north gate will also be included, bringing the total expanded easement area to approximately 6,200 square feet. The proposed easement is shown in Attachment 1 to this report. Both portions of the proposed easement are necessary to accommodate the PG&E facilities and equipment required for the relocated and expanded electrical service.
PG&E is completing its review of the proposed easement and working with the City to verify the final alignment. Staff request authorization for the City Manager to execute and convey the easement once PG&E confirms its requirements. This authorization would also allow the City Manager to make any minor, necessary adjustments without returning to Council for further action.
FISCAL IMPACT
There is no fiscal impact from the recommended actions.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Authorize the City Manager to Negotiate Terms of and Execute an Easement Deed with Pacific Gas and Electric Company (PG&E) over a Portion of the Clean Water Facility, previously the Water Pollution Control Plant (APN 110-03-064).
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
_x__ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Michael Frederick, Senior Engineer
Reviewed by: Aaron Bert, Director, Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Existing and Proposed PG&E Utility Easement Map