REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 10, 2024
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
NOEL CASTILLO, Director, Department of Public Works - Solid Waste Management
SUBJECT
Title
Conveyance of Underground Electrical Easements to Southern California Edison Company in Rialto
End
RECOMMENDATION(S)
Recommendation
1. Find that approval of the conveyance of two underground electrical easements to Southern California Edison Company is an exempt project under California Environmental Quality Act Guidelines Sections 15312 (surplus government property sales) and 15061(b) (common sense exemption).
2. Adopt a Resolution declaring that the conveyance of two underground electrical easements totaling approximately 12,100 square feet over portions of San Bernardino County-owned real property, comprising approximately 553 square feet of land (portion of Assessor’s Parcel Number 1119-231-08-0000), located at 2896 West Casmalia Street in Rialto, and approximately 11,547 square feet of land (portions of Assessor’s Parcel Numbers 1119-241-03-0000 and 1119-241-30-0000), within San Bernardino County’s Mid-Valley Sanitary Landfill, located at 2390 Alder Avenue in Rialto, to Southern California Edison Company, to provide power supply and communication systems to processing facilities of San Bernardino County’s tenant, Bio-Fuels San Bernardino Biogas, LLC, is in the public interest; declaring that the interests conveyed will not substantially conflict or interfere with the use of the property by San Bernardino County; and authorizing the conveyance by two Grants of Easement in accordance with Government Code Section 25526.6, at no cost.
3. Approve the Grant of Easement to Southern California Edison Company over a portion of San Bernardino County-owned real property, totaling approximately 553 square feet, located at 2896 West Casmalia Street in Rialto (portion of Assessor’s Parcel Number 1119-231-08-0000) for underground electric utility purposes, at no cost.
4. Approve the Grant of Easement to Southern California Edison Company over portions of San Bernardino County-owned real property, totaling approximately 11,547 square feet, located at 2390 Alder Avenue in Rialto (portions of Assessor’s Parcel Number’s 1119-241-03-0000 and 1119-241-30-0000) for underground electric utility purposes, at no cost.
5. Authorize the Director of the Real Estate Services Department to execute any other documents necessary to complete this transaction, subject to County Counsel review.
6. Direct the Real Estate Services Department to file the Notice of Exemption in accordance with the California Environmental Quality Act.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as the Department of Public Works - Solid Waste Management Division (SWMD) is financed by fee revenue. The easements to be granted to Southern California Edison Company (Edison) will be at no cost pursuant to Government Code Section 25526.6 to allow Edison to provide power supply and communication systems to processing facilities of the County’s tenant, Bio-Fuels San Bernardino Biogas, LLC, (Bio-Fuels) at the County’s Mid-Valley Sanitary Landfill (MVSL). Edison will be responsible for the maintenance of the easement areas and the construction, operation, and maintenance of Edison’s improvements therein.
BACKGROUND INFORMATION
SWMD operates and manages the MVSL, providing refuse disposal for the County's Valley and Mountain Regions. The MVSL is located at 2390 Alder Avenue in Rialto. The site occupies approximately 499 acres, of which 408 acres are permitted for waste disposal. As waste is emplaced in the landfill, it decomposes, producing landfill gas (LFG), which is comprised of methane, carbon dioxide, and very minor amounts of gaseous organic compounds. Current Federal, State, and local regulations require the extraction, collection, and treatment of LFG to protect the surrounding environment. LFG is also a potential source of renewable energy. It can be used directly, in combustion processes, or processed and converted into a renewable fuel.
On September 24, 2019 (Item No. 31), the County Board of Supervisors (Board) approved Landfill Gas Sale and Purchase Agreement No. 19-649 (LFG PSA) for the period of September 24, 2019 through September 23, 2042, in the amount of $5,357,640; and Landfill Site Lease Agreement No. 19-651 (Lease) from September 24, 2019 through September 23, 2042, in the amount of $3,681,180; both with Bio-Fuels. The LFG PSA provided for the County’s sale of collected LFG to Bio-Fuels, who would then process it into a renewable natural gas fuel before delivering it to the Southern California Gas Company (SoCalGas) for distribution to the market. The Lease provided space at the MVSL for Bio-Fuels’ LFG processing facilities.
On June 28, 2022 (Item No. 69), the Board approved Amendment No. 1 to the LFG PSA, to update the terms and conditions and the term to begin June 28, 2022, and continuing for an additional 24 years, at a cost of $3,026,002. The Board also approved Amendment No. 1 to the Lease for the lease of a portion of the MVSL, updating the term to begin June 28, 2022, and continuing for an additional 24 years, at the cost of $3,123,998. On March 14, 2023 (Item No.43), the Board approved Grant of Easement and Temporary Right of Entry Agreement No. 23-187 to grant of an easement to SoCalGas at MVSL for its natural gas pipeline interconnect infrastructure.
Bio-Fuels has now requested two easements be granted to Edison to provide power to Biofuel’s LFG processing facilities totaling approximately 12,100 square feet over portions of County-owned property in the City of Rialto. The conveyance of two underground electric easements to Edison, totaling approximately 12,100 square feet over portions of County-owned property, as described in Recommendation Nos. 3 and 4, will provide power to a portion of Bio-Fuels’ Renewable Natural Gas conveyance facilities, and the SoCalGas interconnect facilities.
The Real Estate Services Department (RESD) reviewed Bio-Fuel’s request for two easements to Edison and determined that they are in the public’s interest, and the easements conveyed will not substantially conflict nor interfere with SWMD’s operation of the MVSL. The two underground electric easements will be conveyed to Edison at no cost pursuant to Government Code section 25526.6.
Additionally, this item will authorize the RESD Director to execute other documents necessary to complete this transaction, subject to County Counsel review. The RESD Director will not be authorized to execute any documents that would bind the County to any actions not contemplated by, or arising from, the transaction that is the subject of these recommendations.
The conveyance by the County of two underground electric easements to Edison was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be categorically exempt from further environmental review under Title 14 of the California Code of Regulations (CEQA Guidelines) pursuant to sections 15312 (Surplus Government Property Sales) and 15061(b) (Common Sense Exemption) of the CEQA Guidelines. Pursuant to section 15061(b) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the real property conveyance may have a significant effect on the environment. The County will have fulfilled its obligation under CEQA for this conveyance with the posting of the Notice of Exemption by RESD.
PROCUREMENT
SWMD can convey the easements to Edison in accordance with Section 25526.6 of the Government Code.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, and Maria Insixiengmay, Deputies County Counsel, 387-5455) on July 15 2024; Solid Waste Management (Darren Meeka, Deputy Director, 386-8703) on July 9, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on July 10, 2024; Finance (Jessica Trillo, 387-4222, and Garrett Baker, 387-3077, Administrative Analysts) on August 19, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on August 20, 2024.
(TJS 893-0340)