Ordinance 3187New Series
APPROVING A 15-YEAR LEASE WITH THREE FIVE-YEAR
EXTENSION OPTIONS WITH TELEPORT COMMUNICATIONS OF
AMERICA, LLC FOR CONDUIT SPACE FOR ONE INNERDUCT
CONTAINING FIBER FROM THE INTERSECTION OF GRAND
STREET AND FORTMANN WAY ACROSS THE OAKLAND ESTUARY
TO COAST GUARD ISLAND
WHEREAS, Alameda Municipal Power (AMP) is responsible for providing
electrical service to the City of Alameda, including Coast Guard Island (CGI) pursuant to
which AMP has constructed a twelve kV feeder crossing from Grand Street in the Main
Island to Spencer Road (near McCulloch Drive) on GGI, consisting of three conduits; and
WHEREAS, one conduit is utilized for a 12 kV trunk feeder, a second conduit is
empty awaiting installation of the future electrical feeder, and a third conduit is for the
installation of communication cables, e.g., fiber optics (Communications Conduit); and
WHEREAS, Teleport Communications American LLC (TCA), an affiliate of AT&T
and competitive local exchange carrier in California, has engage in negotiations both with
AMP and the United States Coast Guard (USCG) regarding TCA's desire to implement a
diverse fiber optic cable onto CGI to better serve the USCG; and
WHEREAS, the Communications Conduit is sized to accommodate up to eight 2-
cell MaxCell fabric innerduct, of which AMP is currently using half of one two-cell innerduct
and proposes to lease space for the installation of a one cell MaxCell fabric innerduct and
fiber to TCA for purposes of both recovering construction costs for the new electrical
crossing and to better serve the USCG; and
WHEREAS, AMP and TCA have agreed upon the terms of a proposed Conduit
Lease Agreement for a telecommunications pathway in the Communications Conduit and
related substructure designated for the installation' of communications cables pursuant to
which TCA would install innerduct specified by AMP at TCA's cost; and
WHEREAS, TCA will pay rent in the amount of $24,000 per year, to be increased
by 3% per annum and shall be responsible for maintenance and repair of its fiber optic
system and at all times required to carry commercial general liability insurance for bodily
injury and property damage; and
WHEREAS, Alameda City Charter, Section 3-10 requires an affirmative vote of
four (4) members of the City Council to approve a lease for a term over one year.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda
that by four (4) affirmative votes that:
C
Section 1. The City Manager of the City of Alameda or her designee is
hereby authorized to negotiate, execute, for and on behalf of Alameda Municipal Power,
a Conduit Lease Agreement with Teleport Communications America, LLC for conduct
space for one innerduct containing fiber from the intersection of Grand Street and
Fortmann Way across the Oakland Estuary to Coast Guard Island, subject to such
technical or clarifying revisions as are reasonably determined necessary by the City
Manager and approved by the City Attorney, and the City Clerk is hereby authorized and
directed to attest to the same.
Section 2. If any section, subsection, sentence, clause or phrase of this
ordinance if, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council of the City of Alameda hereby declares that it would have passed this ordinance,
and each section, subsections, clause, or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses and phrases are declared to be
invalid and unconstitutional.
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.
residing Officer of the City Council
Attest:
Lara Weisiger, ity Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 18th day of July, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 19th day of July, 2017.
Lara Weisiger, 8ity Clerk
City of Alameda
APPROVED AS TO FORM:
-4.,,--.Janet C. Kern, City Attorney
City of Alameda