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RESOLUTION NO. 2017-054 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING A SUMMARY VACATION OF A PORTION OF AN EXISTING SLOPE EASEMENT LOCATED WITHIN THE SDG&E SALT CREEK SUBSTATION LAND
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
SDG&E is currently completing construction of the Salt Creek Substation located south of Hunte Parkway and east Exploration Falls Drive. This construction has eliminated the need for a portion of a slope easement held by the City within the SDG & E land adjacent to Hunte Parkway. SDG & E has requested that the City vacate this portion of the easement and staff agrees.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The Project was adequately covered in previously adopted/certified Salt Creek Substation Project Environmental Impact Report (SCH 2014081032).
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Environmental Determination
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the previously adopted/certified Salt Creek Substation Project Environmental Impact Report (SCH 2014081032). Thus, no further environmental review or documentation is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
In June 2011, SDG&E acquired 11.64 Acres from JJJ & K Investments Two (JJJ&K) as the site for their future Salt Creek Substation. This site was chosen after negotiations between SDG&E, JJJ & K and the City. The City granted an easement to SDG&E to access the site and entered into an agreement to jointly utilize a City owned public sewer and access easement. At the time, SDG&E had not designed the substation and the parties acknowledged that, based on the final design of the substation, additional easements might be necessary and the existing easements may need to be modified and/or relocated. The design has since been completed and construction is nearing completion. As anticipated, some additional easement rights were needed from the City and others needed to be modified slightly. Most of these changes were approved by Council action in April 2016 (Resolution No. 2016-.089). The last change needed is the vacation of a portion of a slope easement held by the City and located within the SDG & E parcel.
As a result of the substation construction, a portion of the City’s existing slope easement along Hunt Parkway will no longer be necessary, and SDG&E desires to maintain this area at their cost, in order to protect their facility. To accomplish this, they have asked that the City vacate the unnecessary portion of the slope easement identified in a legal description designated as Exhibit “A” and shown on a Plat designated as Exhibit “A1” both attached to this report for reference
Chapter 4, Section 8333(a) of the California Streets and Highways Code states that the legislative body of a local agency may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years preceding the proposed vacation. The subject slope easement was granted to the City after it was in 2010 and has never been maintained by the City. The portion to be vacated is not needed by the City and is within a secure site with minimal City access. There are no other easements in the area affected by this vacation as the City retains the remainder of the slope easement as well as the existing drainage easement, sewer and access easements.
Staff believes that this action is reasonable and within the scope of what was originally anticipated and agreed to at the time the land was conveyed to both the City and SDG&E.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This project, when completed will ensure adequate electric supply for the future development of eastern Chula Vista thus contributing to the City’s Economic Vitality. The City will also be relieved of future maintenance obligations for this slope area.
CURRENT YEAR FISCAL IMPACT
All staff time and costs related to this item were included in the adopted budget. No additional appropriation is required.
ONGOING FISCAL IMPACT
No ongoing fiscal impact from this action.
ATTACHMENTS
1. Legal Description (Exhibit “A”) and plat (Exhibit “A1”)
Staff Contact: Rick Ryals, Real Property Manager