Title
Adopt a Resolution to Approve and Authorize the City Manager to Execute a Grant of Non-Exclusive Utility Easement within City-owned Parcel APN: 79A-515-1-17 located near the corner of Davis Street and Doolittle Drive
Staffreport
COUNCIL PRIORITY
• Infrastructure
SUMMARY
Pacific Gas and Electric Company (PG&E) is planning an upcoming infrastructure capacity project to support Waste Management's facility upgrades by increasing electric system capacity in the area. To facilitate this Electric Distribution Capacity Project, PG&E has petitioned the City to acquire a permanent, non-exclusive utility distribution easement on City-owned property (APN 079A-515-1-17) located at the intersection of Doolittle Drive and Davis Street, adjacent to 1251 Doolittle Drive. The proposed easement would allow PG&E to install, operate, and maintain electric distribution infrastructure necessary to meet the increased energy demands associated with Waste Management’s planned improvements.
As compensation for the easement, PG&E will pay the City $6,500 based on an accepted appraisal.
RECOMMENDATIONS
Staff recommends approval of a resolution granting a non-exclusive Utility Easement to PG&E within parcel APN: 79A-515-1-17 located near the intersection of Doolittle Drive and Davis Street.
BACKGROUND
In 2002, the City acquired, in fee, a parcel (APN 79A-515-1-17) located at the southwest corner of Davis Street/Doolittle Drive to accommodate the widening of Davis Street. Attachment B identifies the location of the subject parcel.
Because the subject parcel is owned by the City, PG&E and other utilities currently do not have the right to install their facilities within the parcel footprint under their respective franchise agreements.
Analysis
PG&E has requested a non-exclusive easement from the City over a portion of the subject parcel to install, operate, and maintain underground gas and electric facilities that will support current and future utility service demands in the area. PG&E will pay the City $6,500 as compensation for the easement. This amount is based on an appraisal completed by PG&E and verified by staff.
As a non-exclusive easement, access will also be afforded to future installation of infrastructure by other utility providers, including telecommunications. Granting this non-exclusive easement ensures that necessary utility infrastructure can be developed while preserving the City’s right to use the property for other purposes.
The proposed easement does not require the adoption of a General Plan Conformance Finding under Government Code Section 65402 as a non-exclusive utility easement. The City will maintain its ownership and control of the property, while allowing PG&E and other utilities the right to access and install their facilities within the subject property.
Current Agency Policies
• Place San Leandro on a firm foundation for long-term fiscal sustainability.
• Advance projects and programs promoting sustainable economic development, including transforming San Leandro into a center of innovation.
• Maintain and enhance San Leandro’s infrastructure.
Previous Actions
• On May 3, 2004, by Resolution No. 2004-067, the City Council acquired, in fee, a portion of the property from Country Life Insurance Company, at 1251 Doolittle Drive for the construction of Roadway Improvements to widen the intersection of Davis Street and Doolittle Drive.
Applicable General Plan Policies
• Policy ED-1.10 Tax Revenues. Encourage development that generates
sales tax, property tax, and other revenues that sustain municipal services.
• Policy ED-2.1. Business-Friendly City. Maintain a collaborative and supportive relationship between the City and the private sector that emphasizes the ease of doing business in San Leandro.
• Policy ED-3.2 (Economic Development) - Business Infrastructure
Develop the infrastructure necessary to transform San Leandro into a center for innovation and creativity, including high-speed communications, sustainable energy systems, high performing utilities, and convenient access to business networks and support services.
Environmental Review
• The proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15305 (Minor Alterations in Land Use Limitations), as it involves the granting of a utility easement over existing developed land.
Legal Analysis
Attachment C was reviewed and approved to form by the City Attorney.
Financial Impacts
The City will receive a one-time fee of $6,500 from PG&E to establish the non-exclusive utility easement, which will be deposited into the City’s General Fund.
ATTACHMENTS
A: Draft Resolution
B: Exhibit - Subject Parcel
C: Easement Deed, Exhibit “A” & Exhibit “B” (Easement Plat & Legal Map)
PREPARED BY: John O’Driscoll, Associate Engineer, Engineering Division, Public Works Department