Resolution 02212CITY OF ALAMEDA ORDINANCE NO. 2212
New Series
ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL
OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF
UNDERGROUND FACILITIES BY MEANS OF UNDERGROUND UTILITY
DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1. The Alameda Municipal Code is hereby amended
by adding Chapter 2 to Title VIII thereof, establishing regulations
and procedures for the removal of overhead utility facilities and
the installation of underground facilities by means of underground
utility districts, to read as follows:
CHAPTER 2. UNDERGROUND DISTRICTS
Article 1. Definitions
Sec. 8 -211. "Commission" shall mean the Public Utilities
Commission of the State of California.
Sec. 8 -212. "Committee" shall mean the Technical Advisory
Committee which shall consist of representatives of the Public
Works Director (as chairperson), the Chief Engineer and General
Manager of the Bureau of Electricity and the other affected
utilities.
Sec. 8 -213. "District" shall mean that area in the City
within which poles, overhead wires, and associated overhead
structures are prohibited as such area is described in a
Resolution adopted pursuant to the provisions of Section 8 -223
of this Chapter.
Sec. 8 -214. "Person" shall mean any private or governmental
entity including individuals, firms, corporations, partnerships,
and their agents and employees.
. Sec. 8- 215. "Poles, overhead wires and associated overhead
structures" shall mean poles, towers, supports, wires, conductors,
guys, stubs, platforms, crossarms, braces, transformers, insu-
lators, cutouts, switches, communication circuits, appliances,
attachments and appurtenances located above ground within a
District and used or useful in supplying electric, communication
or similar or associated service.
Sec. 8 -216. "Resolution" shall mean a resolution adopted
by the Council pursuant to Section.8 -223 of this Chapter.
9/18/84
Sec. 8 -217. "Utility" shall mean all persons supplying
electric, communication or similar or associated service by means
of electrical materials or devices. For the purposes of this
Chapter and without limitation of the definition herein, the
Bureau of Electricity, Public Utilities Board of the City of
Alameda, shall be a "utility ".
Sec. 8 -218. "Conversion" shall mean the removal of existing
poles, overhead wires and associated overhead structures and
the installation of new underground facilities to serve new or
existing customers.
Article 2. Establishing Districts
Sec. 8 -221. Public Hearing. The Council may from time
to time call public hearings to ascertain whether the public
necessity, health, safety or welfare requires conversion within
designated areas of the City. The City Clerk shall notify all
utilities,concerned, and all affected property owners as shown
on the last equalized assessment roll, by mail of the time and
place of such hearing at least 15 days prior to the date thereof.
Each such hearing shall be open to the public and may be con-
tinued from time to time. At each such hearing all persons
interested shall be given an opportunity to be heard. The
decision of the Council on all matters involved in the creation
of a district shall be final and conclusive.
Sec. 8 -222. Reports. Prior to the Council's calling such
public hearing, the Committee shall submit a repert to Council
containing, among other information, the extent of each utility's
participation and estimates of the total costs to the City, to
the utilities and to each affected property owner within a desig-
nated area of the City. Such report shall also contain an
estimate of the time required to complete such conversion. In
addition, the Committee shall report to Council, annually, a
recommended orderly program for the creation of districts within
the City of Alameda, where existing overhead lines will be
converted to underground.
Sec. 8 -223. Resolution. If, after any such public hearing
the Council finds that the public necessity, health, safety or
welfare requires such conversion within the designated area,
the Council shall, by Resolution, declare all or part of such
area an Underground Utility District, and order such work. The
Resolution shall include a description of the area and shall
fix a reasonable time within which such conversion shall be
accomplished and within which affected property owners must be
ready to receive underground service, giving due regard to the
availability of necessary labor, materials and equipment.
Sec. 8 -224. Notification. Within 15 days after the effec-
tive date of a Resolution, the City Clerk shall so notify
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all affected utilities and all persons owning real property within
the District and shall notify such affected property owners of
the necessity that, if they or any person occupying such property
desires to continue to receive utility service, they or such
occupant shall provide all necessary facility changes on their
premises so as to receive such service from the lines of the
supplying utility or utilities at a new location, subject to the
applicable rules, regulations and tariffs of the respective
utility or utilities on file with the Commission. Notification
by the City Clerk shall be made by mailing a copy of the Resolu-
tion, together with a copy of this ordinance, to the affected
utilities, and to affected property owners as shown on the last
equalized assessment roll.
Article 3. Responsibility for Relocation
Sec. 8 -231. Property Owners. Pursuant to Section 38793 of
the Government Code of the State of California, if any property
owner, after due notice, refuses to comply within a• reasonable
time to effect the removal of his existing overhead utility lines
and prepare his property to accept underground utility lines,
the City may cause such work to be done,and assess the costs
thereof against the property, and such assessment shall become
a lien against the property. The assessment may be.collected
at the same time and in the same manner as ordinary municipal
ad valorem taxes are collected, and shall be subject to the same
penalies and the same procedure and sale in case of delinquency
as provided for such taxes. All laws applicable to the levy,
collection and enforcement of municipal ad valorem taxes shall
be applicable to such assessment.
Sec. 8 -232. Responsibility of Utility Companies. The supply-
ing utility shall furnish that portion of the conduits, conductors
and associated equipment required to be furnished by it under
its applicable rules, regulations and tariffs on file with the
Commission. The Bureau of Electricity shall furnish all City/
Bureau owned equipment not provided for in Section 8-233. Bureau
shall not be required to pay for the removal or undergrounding
of other utilities under any rule, regulation or tariff of such
utility not agreed to by the Bureau. Whenever a rule, regulation
or tariff requires a reciprocal rule, regulation or tariff for
cost sharing or other equitable participation, this Chapter shall
be deemed to furnish it.
Sec. 8 -233. Responsibility of City. City shall remove at
its own expense all street lights in ample time to enable the
removal of poles within the time specified in the Resolution.
Sec. 8 -234. Extension of Time. In the event that any act
required by this ordinance or by a Resolution cannot be performed
within the time provided on account of shortage of materials,
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war, restraint by public authorities, strikes, labor disturbances,
civil disobedience, or any other circumstances beyond the control
of the actor, then the time within which such act will be accom-
plished shall be extended for a period equivalent to the time
of such limitation.
Article 4. Prohibition
Sec. 8 -241. Unlawful Acts. Whenever the Council adopts
a Resolution, it shall be unla4ful for any person or utility
to erect, construct, place, keep, maintain, continue, employ
or operate poles, overhead wires and associated overhead structures
in the District after the date when said overhead facilities
are, required to be removed by such Resolution, except as otherwise
provided in this Chapter.
Sec. 8 -242. Exception. Emergency or Unusual Circumstances.
Notwithstanding the provisions of this Chapter, overhead facilities
may be insTalled to provide emergency service. Further, the
Public Works Director may grant special permission, for a period
not to exceed twelve (12) months.,unless approved by the Council,
on such terms as the Director may deem appropriate, in cases
of unusual circumstances, without discrimination as to any person
or utility, to erect, construct, install, maintain, use or operate
poles, overhead wires and associated overhead structures.
Sec. 8 -243. Other Exceptions. This Chapter and any Resolu-
tion adopted pursuant to Section 8 -223 shall, unless otherwise
provided in such Resolution, not apply to the following types
of facilities:
(a). Overhead wires (exclusive of supporting structures)
crossing any portion of a District within which overhead
wires have been prohibited, or connecting to buildings
on the perimeter of a District, when such wires originate
in an area from which poles, overhead wires and associ-
ated overhead structures are not prohibited.
(b) Poles, overhead wires and associated overhead structures
used for the transmission of electric energy at nominal
voltages in excess of 34,500 volts.
(c) Overhead wires attached to the exterior of a building
by means of a bracket or other fixture and extending
from one location on the building to another location
on the same building or to an adjacent building without
crossing any public street.
(d) Antennae, associated equipment and supporting structures.
(e) Equipment appurtenant to underground facilities, such
as surface mounted transformers, pedestral- mounted
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terminal boxes and meter cabinets, concealed ducts, and
electrolier standards.
(f) Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with con-
struction projects.
Lighted signs or marquees encroaching within public
streets or public utilities easements, existing under
proper legal authority, provided the electrical service
does not require overhead wires.
(h Poles and overhead wires and associated overhead
structures used exclusively for fire alarm boxes, or
any similar municipal equipment installed under the
supervision and to the satisfaction of the City Engineer
or to poles and overhead wires and associated overhead
structures used exclusively for street lighting furnished
by a duly constituted public agency autho4ized to provide
such street lighting within the City of Alameda.
(g)
)
Article 5. Penalty
Sec. 8 -251. Penalty. Any person violating any provision
or failing to comply with any of the requirements of this Chapter
shall be deemed guilty of a misdemeanor. Each such person shall
be deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
Chapter is committed, continued or permitted by such person, and
shall be punishable as provided for in this Chapter.
Section 2. Constitutionality. If any section, subsection,
\ sentence, clause or phrase of this ordinance is for any reason held
• to be invalid, such decision shall not affect the validity of the
& remaining portions of this ordinance. The Council hereby declares
v.) c that it would have adopted the ordinance and each section, subsection,
co
a sentence, clause or phrase thereof, irrespective of the fact any one
• or more sections, subsections, sentences, clauses or phrases be de-
o ') ; clared invalid.
Section 3. This ordinance shall be in full force and effect
2 4 from and after the expiration of thirty (30) days from the date of
• its final passage.
Attest;
City C erk
Presiding Officer of the Council
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