Resolution 12726 and Staff ReportE
55 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
U- Alameda that said Council hereby finds that the public necessity,
® health, safety and welfare require the removal of poles, overhead
,., - wires and associated overhead structures and the underground
ft,) 0 installation of wires and facilities for supplying electric,
" !� communication and similar or associated services.
CITY OF ALAMEDA RESOLUTION NO. 12726
ESTABLISHING UNDERGROUND UTILITY DISTRICTS #21 THROUGH #28
AT VARIOUS LOCATIONS IN THE CITY OF ALAMEDA
WHEREAS, at its meeting of October 4, 1995, the City Council
set a public hearing for December 19, 1995 to ascertain whether the
public necessity, health, safety or welfare requires the removal of
poles, overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying
electric, communication and similar or associated services within
Underground Utility Districts #21 through #28; and
WHEREAS, the affected property owners were notified by mail
that they were within the proposed districts and that the hearing
date was set for December 19, 1995; and
WHEREAS, such hearing has been duly and regularly held and all
persons interested have been given an opportunity to be heard.
BE IT FURTHER RESOLVED by the Council of the City of Alameda
that said Council finds that the streets, roads or rights -of -way in
the Districts are extensively used by the general public and carry
a heavy volume of pedestrian or vehicular traffic and hereby
declare that the areas described in Attachment A attached hereto
are established as Underground Utility Districts #21 through #28.
BE IT FURTHER RESOLVED that the City Clerk is hereby
instructed to mail, within fifteen (15) days after the adoption of
this resolution, a copy of this resolution and a copy of Ordinance
No. 2212 N.S. attached hereto as Attachment B, establishing
regulations and procedures for the removal of overhead utility
facilities and the installation of underground facilities by means
of underground utility districts, to affected property owners as
such are shown on the last equalized tax roll and to the affected
utilities.
C: \ DATA \RESO \UNDER2. UTI
Criteria for Selection
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Main Street, North of Atlantic*
Central Avenue; Willow to Park
Santa Clara Avenue; Willow to Park
Otis Drive; Park to Willow
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$3,452,407
Attachment A
CITY OF ALAMEDA ORDINANCE NO.
New Series
2212 passed 9/18/84
effective 10/19/84
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
-1-
ATTACHMENT B
T : I
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
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,
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 unlawful 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
0
0
0
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.
(g) 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 authorized to provide
such street lighting within the City of Alameda.
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
F that it would have adopted the ordinance and each section, subsection,
Li sentence, clause or phrase thereof, irrespective of the fact any one
or more sections, subsections, sentences, clauses or phrases be de-
clared invalid.
Section 3. This ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
/s/ Anne B. Diament
Attest: Presiding Officer of the Council
/s/ Deen Charron
City Clerk
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 19th
day of December , 1995, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Lucas
and President Appezzato - 4.
NOES: Councilmember Mannix - 1.
ABSENT: None.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 20th day of December , 1995.
;let,
Diane( - . Felsch, City Clerk
City of Alameda
City of Alameda
Inter - department Memorandum
December 7, 1995
To: Honorable Mayor
and Councilmembers
From: Robert L. Warnick
Public Works Director
W()-So
Re: Public Hearing to Consider Resolution Establishing
Underground Utility Districts #21 through #28 at Various
Locations in the City of Alameda
Background:
At its meeting of October 17, 1995 the City Council set a
date of December 19, 1995 for a public hearing to establish
utility undergrounding districts and to ascertain whether the
public necessity, health, safety, or welfare requires conversion
within the proposed districts.
The affected property owners were notified by mail that they
were within a proposed district and that the hearing date was set
for December 19, 1995 (see Exhibit 1).
Discussion /Analysis:
Property owners who currently receive their utilities
overhead will be required to convert to underground service
connections. This typically requires installation of conduit,
meter conversion and any building modifications. Costs typically
range from $750 to $2,000 for a single- family residence. In 1988
the City established a policy of requiring the owner /occupant of
a single - family residence to pay the first $1,000 of the
conversion cost. This figure was indexed to the Consumer Price
Index (CPI) and is currently $1,212. The Bureau will reimburse
the owner for any verified costs in excess of this amount. All
other property owners are responsible for the total amount of
their conversion costs.
The Bureau of Electricity's contractor for each district
provides an estimated cost to convert a typical house. The
homeowner is given the option of negotiating a price for the
conversion work with the contractor, doing the work themselves or
hiring their own contractor.
The exact schedule for the work within the districts has not
been established and is dependent on funding availability.
Conversion work for District 21 is scheduled to start in 1996.
Districts and priorities are shown on the attached resolution
(Exhibit 2).
Re: Hearing/
Resolution #5 -F
12 -19 -95
Honorable Mayor and Page #2
Councilmembers December 7, 1995
As requested by Councilmember Lucas, an underground utility
location map (Exhibit 3) has been included. This map shows the
locations of Underground Utility District's work completed to
date, the work currently in progress and the proposed Phase 4
work (Districts #21 - #28). The map also shows the locations of
existing underground utilities that were installed by others
prior to the undergrounding program.
Budget Consideration /Financial Impact:
The Bureau of Electricity has estimated the cost of the
conversion work within these districts at $3,452,407. The City
will be responsible for the installation or conversion of street
lights within each district which is estimated to cost $154,621.
The cost per district is shown on the attached resolution. The
cost for the streetlight work will be funded from Gas Tax.
Pacific Bell and TCI Cablevision will be responsible for
undergrounding their facilities to correspond with the work done
by the City and the Bureau of Electricity.
Recommendation:
It is recommended that the City Council hold the hearing
and, by resolution, establish Underground Utility Districts #21
through #28.
Respectfully submitted,
Robert L. Warnick
Public Works Director
RLW:eec
Forwarded:
"IVL
council \undrgmd.res
12/19/95
City of Alameda • California
ESTABLISHMENT OF
VARIOUS UTILITY UNDERGROUND DISTRICTS
Dear Property Owner:
November 14, 1995
The City Council, at its October 4, 1995 meeting, authorized a public hearing to be set for
December 19, 1995 to ascertain whether the public necessity, health, safety, or welfare
require conversion of overhead (above ground) utilities (electrical, telephone and cable TV)
to underground utilities at certain recommended locations. The projects were selected and
placed in order of priority using the following criteria:
1. The undergrounding will avoid or eliminate an unusually heavy concentration
of overhead distribution facilities.
2. The streets, roads, or right -of -way in the district are extensively used by the
general public and carry a heavy volume of pedestrian or vehicular traffic.
3. The said streets, roads, or right -of -way adjoin or pass through a civic area,
public recreation area, or an area of unusual scenic interest to the general
public.
The following is a list of the recommended undergrounding projects for Phase 4, in order of
priority. The exact construction schedule for these projects has not been set, but construction
is anticipated to start in 1996.
Priority District No.
1 21 Franciscan Way, and the area south of Will C. Wood school to
Shoreline Drive between Grand Street and Kitty Hawk Road.
2 22 Chuck Corica Golf Complex.
3 23 Lincoln Park overhead line from Fernside Boulevard.
4 24 Sherman Street north from Buena Vista Avenue to Atlantic
Avenue.
5 25 Intersection of Atlantic Avenue and Main Street, and Main
Street north from Atlantic Avenue to Alameda Gateway Ferry
Terminal entrance.
6
26 Central Avenue between Oak Street and Willow Street.
Public Works Department, Engineering Division
East Wing, Historic Alameda High School
2250 Central Avenue, Room 250 • 94501
510 748.4510 • Fax 510 748.4697 • TDD 510 522.7538
Exhibit 1
1 of 2
Establishment of Various November 14, 1995
Utility Underground Districts Page 2
Priority District No.
7 27 Santa Clara Avenue between Oak Street and Willow Street.
8 28 Otis Drive between Park Street and Willow Street.
Construction considerations include, but are not limited to, sidewalk removal and
replacement, trenching on public and private property, removal and replacement of
landscaping, and installation of transformers and local distribution units at ground level.
The cost of installing all underground mains, removal of poles and conversion of street lights
to underground will be paid for by the City of Alameda, Bureau of Electricity, Pacific Bell
and TCI Cablevision.
The property owner of a single - family residence is responsible for the first $1.212 of the cost
to provide underground services to the residence. The Bureau will reimburse the property
owner for verified costs above this. The cost to convert the services has been in the range of
$1.500 to $2.000 per residence. The property owner of a commercial or industrial property
is responsible for all costs to convert to underground services.
Once the City Council establishes these projects as underground districts, all overhead
services must be converted to underground. If the property owner does not underground his
or her service at the time of construction, the City will provide the service and bill the
property owner for all costs.
Your property is included within one of the proposed undergrounding districts (see attached
map). The intent of this letter is to notify you of the proposed project, explain the
construction, financial and aesthetic implications, and to provide you with the opportunity to
voice your concerns to the City Council at the hearing on December 19, 1995, at 7:30 p.m.,
to be held at the Alameda High School Little Theatre, West Wing, Corner of Central Avenue
and Walnut Street.
If you have any questions concerning the establishment of these underground districts or your
responsibility as property owner, please call Wali Waziri, Assistant Civil Engineer, at
748 -4517.
Very truly yours,
Sanderson
City Engineer
Attachment
JS:jwl
undergrdlestablish
Exhibit 1
2 of 2
CITY OF ALAMEDA RESOLUTION NO.
ESTABLISHING UNDERGROUND UTILITY DISTRICTS #21 THROUGH #28
AT VARIOUS LOCATIONS IN THE CITY OF ALAMEDA
WHEREAS, at its meeting of October 4, 1995, the City Council
set a public hearing for December 19, 1995 to ascertain whether the
public necessity, health, safety or welfare requires the removal of
poles, overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying
electric, communication and similar or associated services within
Underground Utility Districts #21 through #28; and
WHEREAS, the affected property owners were notified by mail
that they were within the proposed districts and that the hearing
date was set for December 19, 1995; and
WHEREAS, such hearing has been duly and regularly held and all
persons interested have been given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Alameda that said Council hereby finds that the public necessity,
health, safety and welfare require the removal of poles, overhead
wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric,
communication and similar or associated services.
BE IT FURTHER RESOLVED by the Council of the City of Alameda
that said Council finds that the streets, roads or rights -of -way in
the Districts are extensively used by the general public and carry
a heavy volume of pedestrian or vehicular traffic and hereby
declare that the areas described in Attachment A attached hereto
are established as Underground Utility Districts #21 through #28.
BE IT FURTHER RESOLVED that the City Clerk is hereby
instructed to mail, within fifteen (15) days after the adoption of
this resolution, a copy of this resolution and a copy of Ordinance
No. 2212 N.S. attached hereto as Attachment B, establishing
regulations and procedures for the removal of overhead utility
facilities and the installation of underground facilities by means
of underground utility districts, to affected property owners as
such are shown on the last equalized tax roll and to the affected
utilities.
C: \ DATA \RESO \UNDER2. UTI
Exhibit 2
1 of 2
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the day of
, 1995, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this day of , 1995.
C: \DATA \RESO \UNDER2. UTI
Diane B. Felsch, City Clerk
City of Alameda
Exhibit 2
2 of 2
Criteria for Selection
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V? i? in- in- in- Vi V? in-
Corica Golf Course Overhead Lines
Lincoln Park Overhead Line from Fernside
Sherman Street; Buena Vista to Atlantic
Main Street, North of Atlantic*
Central Avenue; Willow to Park
Santa Clara Avenue; Willow to Park
Otis Drive;
.-I N r) d' to 10 00
N N N N N CV N N
•-i N M d' U) 1/40 133
* To be coordinated with City's street improvement project.
Note: The exact order may change due to funding and scheduling changes
CITY OF ALAMEDA ORDINANCE NO. 2212 passed 9/18/84
New Series effective 10/19/84
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
7. 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
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Attachment B
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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 Hearincr. The Council may from time
to time call public hearings to ascertain whether the public
necessity, health, safety or welfare requires co version 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 report 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
Attachment B
2 of 5
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 oz 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,
Attachment B
3 of 5
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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 unlawful 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, dverhead 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
Attachment B
4 of 5
-4-
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.
(g) 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 authorized to provide
such street lighting within the City of Alameda.
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
that it would have adgtpted the ordinance and each section, subsection,
■.,t sentence, clause or phrase thereof, irrespective of the fact any
V?-or more sections, subsections, sentences, clauses or phrases be de-
clared invalid.
Section 3. This ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
/s/ Anne B. Diament
Attest: Presiding Officer of the Council
/s/ Deen Charron
City Clerk
-5-
Attachment B
5 of 5
�'D 1111`
OPNHE
Ki [1
gift
PROOF OF PUBLICAN ON
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Alameda
I am a citizen of the United States and resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above - entitled
matter.
am the Principal Legal Clerk of the Alameda Journal.
A newspaper of general circulation, printed and pub-
lished in the City of Alameda, County of Alameda.
And which newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the
County of Alarneda, State of California, under the date
of August 25, 1992, Case Number 702515 -6.
The notice, of which the annexed is a printed copy (set
in type not smaller than nonpareil), has been published
In each regular and entire issue of said newspaper and
not in any supplement thereof on the following dates,
to -wit:
occols a 7I
All in the year of 19 C4,5 .
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Alarneda, California.
On this % day of (__Z) (3'Gg 19 qS
ntukcicTIO
Signature
Alameda Journal
1416 Park Ave.
Alameda, CA 94501 -4520
(510) 748 -1666
/0 /o . s
This space is for County Clerk's Filling Stamp 7k_
Proof of Publication of
PROOF OF PUBLICATION
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Alameda
City Council will hold a Public Hearing in the.
Alameda High School Little Theater, corner of
Central Avenue and Walnut Street, Alameda, Cal-
ifornia, on Tuesday, December 19, 1995 at 7:30
p.m., to ascertain whether the public necessity,
health, safety, or welfare require conversion
within certain Underground Utility Districts (Phase
4).
Interested persons are invited to attend and be
heard on thb matter.
DIANE B. FELSCH, CMC
City Clerk
Publish The Alameda Journal October 27, 1995.
City of Alameda
Inter- department Memorandum
October 4, 1995
To: Honorable Mayor and
Councilmembers
From: Robert L. Warnick
Public Works Director
Re: Utility Undergrounding and Recommending Setting a. Date and
Time for a Public Hearing to Consider Establishing
Underground Districts (Phase 4)
Background:
City of Alameda Ordinance No. 2212 established regulations
and procedures for removal of overhead utility facilities and the
installation of underground facilities by means of Underground
Utility Districts.
The Alameda Underground District Committee, composed of
representatives from Pacific Bell, TCI Cablevision, the Bureau of
Electricity and the City's Public Works Department, have
developed a list of proposed City of Alameda Phase 4 Underground
conversion projects.
On January 23, 1995, the Public Utilities Board of the City
of Alameda, by motion, approved the tentative list of proposed
Underground Utility Districts Nos. 21 through 35. The list was
developed considering available funding, use of the adjacent
areas, volume of adjacent traffic, areas heavily used by the
public, and areas which produce the most visual impact.
Discussion /Analysis:
On March 21, 1995, a public hearing was held to discuss the
feasibility of the proposed Undergrounding Districts Nos. 21
through 35. Based upon speakers' complaints regarding property
owner cost at the public hearing, the City Council directed that
the item be postponed to a future meeting. A revised list of
eight recommended projects has been prepared which includes only
projects that did not previously receive any complaints from
affected property owners. The districts have been renumbered to
coincide with the most recent modification. The exact
construction schedule for these projects has not been set, but
construction is anticipated to start in 1996. The list is in
order of priority, but changes can be made due to funding or
changes in scheduling.
Reports #4-H CC
10 -17 -95
Honorable Mayor and Page #2
Councilmembers October 4, 1995
U.G.
District
No.
Description
21
22
23
24
25
26
27
28
City's Cost
Bureau's for
Cost Street Lights
Franciscan between
Willow and Grand $ 627,164 $ 0
Chuck Corica Golf
Course Overhead Lines 249,236 49,940
Lincoln Park Overhead
Line from Fernside 70,968 0
Sherman Street, Buena
Vista to Atlantic 562,029 16,616
Main Street North of
Atlantic Ave. 648,039 51,925
Central Ave., Willow
to Park Street 313,345 14,604
Santa Clara Ave., Willow
to Park Street 435,891 9,398
Otis Drive, Willow
to Park Street 635,735 12,138
Total $3,452,407 $154,621
Budget Consideration /Financial Impact:
The cost of the undergrounding projects will be primarily
the responsibility of the Bureau of Electricity and other utility
companies. Adjacent property owners will be required to pay for
undergrounding their individual services from their property line
to their building. The property owner of single - family
residences is responsible for the first $1,215 of the cost to
provide underground services to the residence. The Bureau of
Electricity will reimburse the property owner for costs above
that.
The City will be required to pay for street light
installation and conversion costs, including the conduit for the
street light circuit, as well as cost for the pole and light
fixture. The estimated Bureau of Electricity cost for eight
districts is $3,452,407. The estimated cost to the City for
street light work is $154,621, which will be paid from CIP #89 -7,
financed by Gas Tax funds. Due to uncertainties in future
revenues received by the Bureau of Electricity from the Naval Air
Station, scheduling of underground districts will be subject to
available funds.
Honorable Mayor and Page #3
Councilmembers October 4, 1995
Recommendation:
It is recommended that the City Council, by motion, set a
date of December 19, 1995 for a public hearing to ascertain
whether the public necessity, health, safety, or welfare require
conversion within certain Underground Utility Districts (Phase
4).
Respectfully submitted,
Robert L. Warnick
Public Works Director
RLW:eec
Forwarded:
council \undrgmd.ph4
10/17/95