To: Honorable Public Utilities Board Submitted by: /s/ Douglas Draeger AGM - Engineering and Operations

Transcription

1 AGENDA ITEM NO.: 5.A.1 MEETING DATE: 01/26/2015 ADMINISTRATIVE REPORT NO.: To: Honorable Public Utilities Board Submitted by: /s/ Douglas Draeger AGM - Engineering and Operations From: Douglas Draeger Approved by: /s/ AGM - Engineering and Operations Glenn O. Steiger General Manager Subject: By Motion, Recommend that the City Council Approve the Redesigned Underground Utility District Policy as Presented in Exhibit A RECOMMENDATION By motion, recommend that the City Council approve the redesigned underground utility district policy as presented in Exhibit A. BACKGROUND The Public Utilities Board (PUB) at its December 8, 2015 meeting tabled the motion to recommend to the City Council a redesigned Underground Utility District Policy (Policy) and tasked staff with reviewing, recommending and if appropriate, including language in the Policy to address comments made by two members of the public at that meeting. The two comments to be addressed: 1. Specific language was presented to replace the aesthetics criterion for selecting areas to be undergrounded as mentioned in the Policy. The proposed re-write is included as exhibit D. 2. The Policy includes a provision for a proposed Underground Utility District to optout of being undergrounded either temporarily or permanently. DISCUSSION Alameda Municipal Power (AMP) researched the recommendations and compared them to other utilities Underground Utility District (UUD) programs and laws related to private property. AMP recommends the following: 1. Remove and Replace Aesthetics. AMP recommends that the text as shown below replace the aesthetics criterion. This text adopts some of the requested language, but not all. Areas of Civic, Historical, Recreational or Scenic Interest: Aerial facilities that encumber the frontage or immediate surrounding proximity of civic, historical, scenic or recreational areas and whose presence degrades the natural beauty or environmental relevance of these areas.

2 AGENDA ITEM NO.: 5.A.2 MEETING DATE: 01/26/2015 ADMINISTRATIVE REPORT NO.: The text above adopts the suggestion to rename the criterion to be more specific and removes residential as an included area. Staff believes that the remainder of the suggested text is out of context with the rest of the language of the Policy. Policy language is necessarily broad to provide intended direction over many years of implementation. As the program is implemented and lessons learned, a needed change in percent frontage encumbered by foliage or a renaming, redefinition or introduction of a specific City district would necessitate City Council approval. The level of specificity suggested is more appropriately placed into the Master Plan and UUD scorecard. The attached Master Plan and scorecard, Exhibit B, have been modified to include the suggested changes. 2. Opt-Out Option. AMP recommends not including an option for residents to optout of being included in an Underground Utility District. After initial City Attorney review of an opt-out provision to the UUD Policy, it was determined that it would result in creating a new right which otherwise would not exist. A true opt-out right would require a thorough examination of legal issues such as: creating a ballot procedure that satisfies due process (a mere survey is inadequate); determining how to pay for the election; determining how many votes constitutes a majority protest; determining how the votes are weighted (should tenant and property owners votes count the same); and would the City be required to follow the other legal requirements for assessment districts even though the assessment in this case would be zero. Since no other UUD program has opt-out language and creating the provision would require a determination of legal basis, it will likely take the City Attorney s office a considerable period of time to thoroughly review the legal implications of giving customers within a proposed district the right to vote to opt-out an entire district from a program designed to improve health and safety. Additionally, staff believes that including opt-out language in the Policy would limit the City Council s flexibility and would be outside of the City Council s original tasking to revise the UUD program. Upon PUB comment and direction, staff will seek City Council approval of the UUD Policy and further define the UUD Master Plan to refine identifying roles and responsibilities, staffing needs, proposed project lifecycle, and timeline for implementation. Staff will then update the PUB with the completed Master Plan and Policy at an upcoming PUB meeting. FINANCIAL IMPACT Costs associated with implementing this proposed program will be labor related and funds for labor have been budgeted. LINKS TO BOARD POLICY AND OBJECTIVES Strategy 5: Continue to add value to the community through the General Fund transfer and other means.

3 AGENDA ITEM NO.: 5.A.3 MEETING DATE: 01/26/2015 ADMINISTRATIVE REPORT NO.: EXHIBITS A. Overhead to Underground Utility Conversion for the City of Alameda Policy B. Draft Master Plan C. Draft Ordinance D. Christopher Buckley Letter dated December 7, 2014 E. Draft Timeline F. PowerPoint Presentation

4 Overhead to Underground Utility Conversions for the City of Alameda Underground Utility District Policy Purpose The purpose of this Underground Utility District Policy (Policy) is to provide a deliberate, efficient and transparent process to identify, select, implement and complete overhead to underground utility facility conversions within the City of Alameda (City). This Policy renews the City s initiative to beautify the city through the removal, conversion and undergrounding of overhead utility facilities which was originally established by ordinance on September 18, Policy 1. Because the cost of utility underground conversions is covered through the collection of incremental revenues from all Alameda Municipal Power (AMP) ratepayers, any such projects should provide a maximum benefit to the greatest number of people. To this end, and to avoid a patchwork of isolated underground districts throughout the island, this Policy will, in general application, favor island entryways and heavily traveled roads which flow into, out of, between, and around major civic business areas. 2. Areas of the city to be converted will be designated as Utility Underground Districts (UUD) through a City Ordinance in accordance with Chapter 19 4 Underground Districts of the City of Alameda Municipal Code. 3. The extent of AMP s financial participation in converting a district will depend on the designation the UUD receives from the City Council. These designations are: a. Areas of General Public Interest and Benefit The Utility Underground District Fund (UUDF) will fund all necessary conversion costs up to a pre established limit. Any expense greater than the allotted limit will be borne by the customer. As a goal, the limit will be set at a level resulting in the majority of customers having no out of pocket costs for the conversion. b. Areas of General Public Interest, But Primarily of Local Benefit Conversion costs will be entirely borne by the applicant or group of applicants. c. Areas of Insufficient General or Local Public Benefit All other underground conversions that lack sufficient general or local public benefit will be performed as specified in AMP s Rules and Regulations Replacement of Existing Overhead Facilities in Non Underground Districts and will not fall under the UUD Policy. 4. To maximize public benefit, the two tiered, prioritized criteria below will be considered when establishing or selecting areas for undergrounding overhead utility lines. However, under City Council direction, any area where overhead utility lines are located in streets, roads, or rights of way may be included in an Underground Utility District for engineering, operating, or economic reasons. a. Tier 1 i. Road Classification Aerial facilities located along and adjacent to six (6) classifications of roadway as defined by Public Work s street classification system as having the greatest trip length, traffic volume and most through traffic. These 1

5 Overhead to Underground Utility Conversions for the City of Alameda classifications in descending order include: regional artery, island artery, transitional artery, island collector, transitional collector, and local. ii. Heavy Concentration of Aerial Facilities AMP distribution poles supporting multiple connections to each pole, street crossings and visual impact. iii. Areas of Civic, Historical, Recreational or Scenic Interest Aerial facilities that encumber the frontage or immediate surrounding proximity of civic, historical, scenic or recreational areas and whose presence degrades the natural beauty or environmental relevance of these areas. iv. Deteriorated Facilities AMP distribution poles or aerial facilities that are nearing or exceeded their useful life as determined by AMP s asset management and inspection program and are scheduled for replacement. b. Tier 2 i. Foliage AMP distribution poles and facilities that are encumbered by trees. Elements of consideration are tree density, height, projected growth, age, and resiliency to line trimming. ii. Coordination with other City Projects Proposed underground district that encompasses or coordinates with planned and/or outstanding Public Works or other City department projects that would benefit from undergrounding. iii. Interconnectivity to Existing Underground Proposed underground district would originate from and/or terminate into, existing underground facility(ies). 5. The UUD Policy will be reviewed in whole or in part every five years or at the direction of the City Council to assess current UUDF balance, social, economic, and other relevant issues and will be revised as necessary. UUD Designations 1. UUD in Areas of General Public Interest and Benefit A UUD in which the Alameda City Council has determined that such undergrounding is in the general public interest and benefit for one or more of the following reasons: a. Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electrical facilities. b. The street or road right of way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic. c. The street or road right of way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public. 2. UUD in Areas of General Public Interest, But Primarily of Local Benefit A UUD in which the City Council has determined that such undergrounding is in the general public interest, but primarily of local benefit. 3. Areas of Insufficient General or Local Public Benefit All other underground conversions in which the City Council has determined lack sufficient general or local public benefit. 2

6 Overhead to Underground Utility Conversions for the City of Alameda Procedures 1. AMP will serve as the lead city department for implementing the Underground Utility District Policy and will develop and maintain a Master Plan which provides additional detail and procedures for implementing the Policy but does not modify or change the approved Policy. The General Manager of AMP may from time to time revise or make changes to the Master Plan as necessary for the efficient implementation of the Policy so long as those changes are consistent with the Policy. 2. The UUD Policy will be reviewed in whole or in part, under the direction of an AMP project manager and including members of other city departments and members of the public, every five years or at the direction of the City Council, to assess current UUDF balance, social, economic and other relevant issues and be modified if necessary. 3. UUD Identification and Selection. a. District Nomination Board (DNB) A DNB is responsible for the initial nomination of proposed districts. The DNB will be led by the AMP project manager and shall be comprised of at least one member of Public Works and each of the participating utilities and up to three* members of the public who are appointed to the DNB via the process defined below. The DNB will exist for the sole purpose of discerning and recommending a set of UUDs for TAC consideration. Upon the TAC s acceptance of the DNB s recommendation, the DNB function will conclude until a new DNB is formed for future UUD recommendations. Public members of the DNB must meet the following requirements: 1. Have not served as a public member on the immediately previous DNB** 2. Be a customer served by AMP 3. Have completed an application process by the appointed deadline 4. Approved and appointed by the City Council or designate 5. Able to attend and willing to participate in DNB meetings * If less than three members of the public are appointed, the DNB may still convene ** If there is not sufficient new interest, this requirement can be waived b. Technical Advisory Committee (TAC) The TAC is responsible for recommending a prioritized list of between 1 4 UUDs for City Council consideration. The TAC will be led by an AMP project manager and shall be comprised of at least one additional member of Public Works and each of the participating utilities. TAC members will have the following responsibilities: 1. From the DNB s list of nominated UUDs, determine between 1 4 UUDs for City Council consideration 2. Determine exact district boundaries and all addresses within each proposed district 3. Manage District Selection Survey (DSS), respond to issues and/or concerns, and publish results 4. Present and recommend between 1 4 UUDs for City Council consideration and approval 5. Manage issues, challenges, and opportunities during conversion process c. TOWN HALL & SURVEY A town hall meeting and survey will be used by the TAC to inform, educate and gather feedback from customers in the 1 4 UUD(s) considered by the TAC for City Council approval. Information about UUD specifics will be presented at the town hall meeting and feedback collected. Following the town hall, a District Selection Survey (DSS) 3

7 Overhead to Underground Utility Conversions for the City of Alameda will be mailed to all customers in the proposed UUD(s) and, based on survey feedback; the TAC will recommend a prioritized UUD list to the City Council for approval. 4. UUD in Areas of General Public Interest and Benefit AMP will, in coordination with other attached overhead utilities, replace its overhead electric distribution and communication facilities with underground distribution and communication facilities along public streets and roads, and on public lands and private property across which rights of way satisfactory to AMP have been obtained or may be obtained without cost or condemnation by the City provided that: a. The undergrounding extends, on both sides of the street, for one block or 600 feet, whichever is less. b. The City Council has: i. Determined that such undergrounding is in the general public interest. ii. Adopted an ordinance creating an underground district in accordance with the applicable sections of Chapter 19 4 Underground Districts, of the City of Alameda Municipal Code, which provides, among other things: 1. That all existing overhead electric distribution facilities in such district be removed 2. That each property owner served from such overhead electric distribution facilities shall provide, within a period of time established by the City Council and in accordance with the cost sharing terms between the customer and AMP at the time of City Council district approval and in accordance with AMP s applicable Rules and Regulations, all electrical service facility construction and changes to the owner s premises necessary to receive service from the electric underground distribution after they are completed and in operation. 3. AMP is authorized to discontinue overhead services after the period of time established by the City Council for reconnection to the electric underground distribution facilities has expired. AMP will convert all electrical distribution and service facilities from overhead to underground, install trench and substructures, make all landscaping and road surface repairs and convert the customer s electrical service to accept underground service, at UUDF expense within the limits defined below: a. The installation is the most direct route from the point of service to the meter location unless otherwise agreed to in writing by AMP. Excess installation not agreed to by AMP will be at customer s expense. b. The conversion of electric service panel to accept underground service at the existing main breaker size is limited to the cost of panel conversion established by the Master Contractor at the beginning of district conversion. Excess panel conversion costs will be borne by the customer. Telecommunication utilities will convert their overhead facilities to underground at their own expense when and to the extent that the electric utility companies convert their facilities upon request of the governing body within the limits below: a. Not to exceed 100 feet of service lateral 4

8 Overhead to Underground Utility Conversions for the City of Alameda 5. UUD in areas of General Public Interest but Primarily of Local Benefit AMP will, in coordination with other attached, overhead utilities, replace its overhead electric distribution and related facilities with underground distribution and related facilities along public streets and roads, and on public lands and private property across which rights of way satisfactory to AMP have been obtained or may be obtained without cost or condemnation by the City when requested by a group of applicants or an authorized representative of a group of applicants, provide that: a. The undergrounding extends, on both sides of the street, for one block or 600 feet, whichever is less. b. The City of Alameda City Council has: i. Determined that such undergrounding is in the general public interest, but primarily of local benefit. ii. Adopted an ordinance creating an underground district in accordance with the applicable sections of Chapter 19 4 Underground Districts, of the City of Alameda Municipal Code, which provides, among other things: 1. That all existing overhead distribution facilities in such district be removed 2. That each property owner served from such overhead electric distribution facilities shall provide, within a period of time established by the City Council and at the property owner s expense and in accordance with AMP s applicable Rules and Regulations, all electrical service facility construction and changes to the owner s premises necessary to receive service from the electric underground distribution after they are completed and in operation. 3. AMP is authorized to discontinue overhead services after the period of time established by the City Council for reconnection to the electric underground distribution facilities has expired. c. The group of applicants or an authorized representative of a group of applicants has: i. Provided AMP documents which show all property owners served from the overhead facilities to be removed have agreed in writing to have the necessary substructure and wiring changes made on their premises so that electrical service may be furnished from the underground distribution system in accordance with AMP s rules and regulations and that AMP may discontinue its overhead service upon completion of the underground facilities; and ii. Furnished and installed, at applicants expense, the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, pole bases and performed other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving required in connection with the installation of the underground system, all in accordance with AMP s specifications, or, in lieu thereof, paid AMP to do so; and iii. Transferred ownership of the above described distribution facilities, in good condition, to AMP; and iv. Paid a nonrefundable sum equal to the excess, if any, between the estimated costs of completing the underground electrical system and building a new, equivalent overhead electrical system. 5

9 Overhead to Underground Utility Conversions for the City of Alameda Where the street lighting system in areas to be undergrounded is mounted on overhead poles to be removed, the street lighting facilities shall be replaced in accordance with the standards and requirements of AMP, and the cost shall be borne by the applicant or group of applicants. The cost of undergrounding or providing for any other joint pole owner or tenant s facility shall be borne by the applicant or group of applicants as determined by the applicable tariffs and rules of the servicing utility. Where overhead fiber optics systems exist, 100 percent of the cost to place them underground will be borne by the applicant or group of applicants. Where fiber optics systems do not exist, the applicant or group of applicants are required to install, at no cost to AMP, spare conduit(s) and substructures for future fiber use as required by AMP. 6. UUD CONSTRUCTION A single master contractor (MC) will be responsible for coordinating and installing all designed substructures for each district. This includes substructures across customer s property with the following exceptions: a. Customers may opt to provide their own trench and substructures per the following conditions: i. Substructures are installed and adequately backfilled prior to AMP s scheduled underground service installation date ii. The trench route follows the most direct route from the point of service in the secondary box to the meter location unless otherwise designed and/or approved in writing by AMP. iii. Trench and substructure costs will be reimbursed at a rate equivalent to the established per foot rate charged by the MC. The MC will also be responsible for alteration or conversion of electrical service panels to accept underground electrical service with the following exception: a. Customers may opt to alter or convert their electrical service panel themselves per the following conditions: i. Service panels are altered or converted per AMP s standards, inspected and passed by the appropriate city department and ready to receive underground service prior to AMP s scheduled underground service installation date. b. Panel conversion costs will be reimbursed up to a maximum amount equivalent to the estimated panel conversion and/or alteration costs of the MC. i. Panel main switch upgrades (i.e. upgrade main breaker from 200 amp to 400 amp) do not qualify for reimbursement and must meet AMP specifications per AMP s rules and regulations. 6

10 CITY OF ALAMEDA UNDERGROUND UTILITY DISTRICT PROGRAM MASTER PLAN Introduction... 2 References... 2 Program and Policy Overview... 2 Purpose... 2 Policy... 2 UUD Designations... 3 Procedures... 4 Program Implementation... 8 Roles and Responsibilities... 8 Process Pictorial... 8 UUD Identification and Selection... 9 Proposing a UUD... 9 Step 1: District Nomination Board (DNB) Process for selecting Members of the Public to Serve on the DNB Identifying and Evaluating Proposed UUDs Step 2: Technical Advisory Committee (TAC) Step 3: Town Hall Meeting Step 5: City Council Approval Design and Construction Engineering Design Construction Permit to Enter Program Funding UUD Fund (UUDF) Reimbursements for owner installed service Laterals and/or panel modifications Maintenance Insurance Appendix A1. UUD Program Communications Plan (TBD) A2. UUD Scorecard... 13

11 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA A3. District Selection Survey (TBD) A4. Permit To Enter A5. AMP Engineering Design Process Flowchart (TBD) A6. UUD Program FAQs INTRODUCTION This document describes the program for placing overhead utilities underground within the City of Alameda. Alameda Municipal Power (AMP) administers the program in consultation with the Public Utilities Board (PUB) and at the direction of the Alameda City Council. REFERENCES A. Underground Districts, Chapter XIX, Section 19 4, City of Alameda Municipal Code B. Replacement of Overhead Facilities with Underground Facilities in U/G Districts, Alameda Municipal Power Rules and Regulations, Article X, Section O PROGRAM AND POLICY OVERVIEW PURPOSE The purpose of this Underground Utility Policy (Policy) is to provide a deliberate, efficient and transparent process to identify, select, implement and complete overhead to underground utility facility conversions within the City of Alameda. This Policy renews the City s initiative to beautify the city through the removal, conversion and undergrounding of overhead utility facilities which was originally established by ordinance on September 18, POLICY 1. Because the cost of utility underground conversions is covered through the collection of incremental revenues from all Alameda Municipal Power (AMP) ratepayers, any such projects should provide a maximum benefit to the greatest number of people. To this end, and to avoid a patchwork of isolated underground districts throughout the island, this Policy will, in general application, favor island entryways and heavily traveled roads which flow into, out of, between, and around major civic business areas. 2. Areas of the city to be converted will be designated as Utility Underground Districts (UUD) through a City Ordinance in accordance with Chapter 19 4 Underground Districts of the City of Alameda Municipal Code. 3. The extent of AMP s financial participation in converting a district will depend on the designation the UUD receives from the City Council. These designations are: a. Areas of General Public Interest and Benefit The Utility Underground District Fund (UUDF) will fund all necessary conversion costs up to a pre established limit. Any expense greater than the allotted limit will be borne by the customer. As a goal, the limit will be set at a level resulting in the majority of customers having no out of pocket costs for the conversion. 2 revised: 1/12/2015 2:52:00 PM

12 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA b. Areas of General Public Interest, But Primarily of Local Benefit Conversion costs will be entirely borne by the applicant or group of applicants. c. Areas of Insufficient General or Local Public Benefit All other underground conversions that lack sufficient general or local public benefit will be performed as specified in AMP s Rules and Regulations Replacement of Existing Overhead Facilities in Non Underground Districts and will not fall under the UUD Policy. 4. To maximize public benefit, the two tiered, prioritized criteria below will be considered when establishing or selecting areas for undergrounding overhead utility lines. However, under City Council direction, any area where overhead utility lines are located in streets, roads, or rights of way may be included in an Underground Utility District for engineering, operating, or economic reasons. a. Tier 1 i. Road Classification Aerial facilities located along and adjacent to six classifications of roadway as defined by Public Work s street classification system as having the greatest trip length, traffic volume and most through traffic. These classifications in descending order include: regional artery, island artery, transitional artery, island collector, transitional collector, and local. ii. Heavy Concentration of Aerial Facilities AMP distribution poles supporting multiple connections to each pole, street crossings and visual impact. iii. Areas of Civic, Historical, Recreational or Scenic Interest: Aerial facilities that encumber the frontage or immediate surrounding proximity of civic, historical, scenic or recreational areas and whose presence degrades the natural beauty or environmental relevance of these areas. iv. Deteriorated Facilities AMP distribution poles or aerial facilities that are nearing or exceeded their useful life as determined by AMP s asset management and inspection program and are scheduled for replacement. b. Tier 2 i. Foliage AMP distribution poles and facilities that are encumbered by trees. Elements of consideration are tree density, height, projected growth, age, and resiliency to line trimming. ii. Coordination with other City Projects Proposed underground district that encompasses or coordinates with planned and/or outstanding Public Works or other City department projects that would benefit from undergrounding. iii. Interconnectivity to Existing Underground Proposed underground district would originate from and/or terminate into, existing underground facility(ies). 5. The UUD Policy will be reviewed in whole or in part every five years or at the direction of the City Council to assess current UUDF balance, social, economic, and other relevant issues and will be revised as necessary. UUD DESIGNATIONS 1. UUD in Areas of General Public Interest and Benefit A UUD in which the Alameda City Council has determined that such undergrounding is in the general public interest and benefit for one or more of the following reasons: 3 revised: 1/12/2015 2:52:00 PM

13 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA a. Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electrical facilities. b. The street or road right of way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic. c. The street or road right of way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public. 2. UUD in Areas of General Public Interest, But Primarily of Local Benefit A UUD in which the City Council has determined that such undergrounding is in the general public interest, but primarily of local benefit. 3. Areas of Insufficient General or Local Public Benefit All other underground conversions in which the City Council has determined lack sufficient general or local public benefit. PROCEDURES 1. AMP will serve as the lead city department for implementing the Underground Utility District (UUD) Policy and will develop and maintain a Master Plan which provides additional detail and procedures for implementing the Policy but does not modify or change the approved Policy. The General Manager of AMP may from time to time revise or make changes to the Master Plan as necessary for the efficient implementation of the Policy so long as those changes are consistent with the Policy. 2. The UUD Policy will be reviewed in whole or in part, under the direction of an AMP project manager and including members of other city departments and members of the public, every five years or at the direction of the City Council, to assess current UUDF balance, social, economic and other relevant issues and be modified if necessary. 3. UUD Identification and Selection. a. District Nomination Board (DNB) A DNB is responsible for the initial nomination of proposed districts. The DNB will be led by the AMP project manager and shall be comprised of at least one member of Public Works and each of the participating utilities and up to three* members of the public who are appointed to the DNB via the process defined below. The DNB will exist for the sole purpose of discerning and recommending a set of UUDs for TAC consideration. Upon the TAC s acceptance of the DNB s recommendation, the DNB function will conclude until a new DNB is formed for future UUD recommendations. Public members of the DNB must meet the following requirements: 1. Have not served as a public member on the immediately previous DNB** 2. Be a customer served by AMP 3. Have completed an application process by the appointed deadline 4. Approved and appointed by the City Council or designate 5. Able to attend and willing to participate in DNB meetings * If less than three members of the public are appointed, the DNB may still convene ** If there is not sufficient new interest, this requirement can be waived b. Technical Advisory Committee (TAC) The TAC is responsible for recommending a prioritized list of between 1 4 UUDs for City Council consideration. The TAC will be led by an AMP project manager and shall be comprised of at least one additional member of Public 4 revised: 1/12/2015 2:52:00 PM

14 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA Works and each of the participating utilities. TAC members will have the following responsibilities: 1. From the DNB s list of nominated UUDs, determine between 1 4 UUDs for City Council consideration 2. Determine exact district boundaries and all addresses within each proposed district 3. Manage District Selection Survey (DSS), respond to issues and/or concerns, and publish results 4. Present and recommend between 1 4 UUDs for City Council consideration and approval 5. Manage issues, challenges, and opportunities during conversion process c. TOWN HALL & SURVEY A town hall meeting and survey will be used by the TAC to inform, educate and gather feedback from customers in the 1 4 UUD(s) considered by the TAC for City Council approval. Information about UUD specifics will be presented at the town hall meeting and feedback collected. Following the town hall, a District Selection Survey (DSS) will be mailed to all customers in the proposed UUD(s) and, based on survey feedback; the TAC will recommend a prioritized UUD list to the City Council for approval. 4. UUD in Areas of General Public Interest and Benefit AMP will, in coordination with other attached, overhead utilities, replace its overhead electric distribution and communication facilities with underground distribution and communication facilities along public streets and roads, and on public lands and private property across which rights of way satisfactory to AMP have been obtained or may be obtained without cost or condemnation by the City provided that: a. The undergrounding extends, on both sides of the street, for one block or 600 feet, whichever is less. b. The City Council has: i. Determined that such undergrounding is in the general public interest. ii. Adopted an ordinance creating an underground district in accordance with the applicable sections of Chapter 19 4 Underground Districts, of the City of Alameda Municipal Code, which provides, among other things: 1. That all existing overhead electric distribution facilities in such district be removed 2. That each property owner served from such overhead electric distribution facilities shall provide, within a period of time established by the City Council and in accordance with the cost sharing terms between the customer and AMP at the time of City Council district approval and in accordance with AMP s applicable Rules and Regulations, all electrical service facility construction and changes to the owner s premises necessary to receive service from the electric underground distribution after they are completed and in operation. 3. AMP is authorized to discontinue overhead services after the period of time established by the City Council for reconnection to the electric underground distribution facilities has expired. AMP will convert all electrical distribution and service facilities from overhead to underground, install trench and substructures, make all landscaping and road surface repairs and convert the customer s electrical service to accept underground service, at UUDF expense within the limits defined below: 5 revised: 1/12/2015 2:52:00 PM

15 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA a. The installation is the most direct route from the point of service to the meter location unless otherwise agreed to in writing by AMP. Excess installation not agreed to by AMP will be at customer s expense. b. The conversion of electric service panel to accept underground service at the existing main breaker size is limited to the cost of panel conversion established by the Master Contractor at the beginning of district conversion. Excess panel conversion costs will be borne by the customer. Telecommunication utilities will convert their overhead facilities to underground at their own expense when and to the extent that the electric utility companies convert their facilities upon request of the governing body within the limits below: a. Not to exceed 100 feet of service lateral 5. UUD in areas of General Public Interest but Primarily of Local Benefit AMP will, in coordination with other attached, overhead utilities, replace its overhead electric distribution and related facilities with underground distribution and related facilities along public streets and roads, and on public lands and private property across which rights of way satisfactory to AMP have been obtained or may be obtained without cost or condemnation by the City when requested by a group of applicants or an authorized representative of a group of applicants, provide that: a. The undergrounding extends, on both sides of the street, for one block or 600 feet, whichever is less. b. The City of Alameda City Council has: i. Determined that such undergrounding is in the general public interest, but primarily of local benefit. ii. Adopted an ordinance creating an underground district in accordance with the applicable sections of Chapter 19 4 Underground Districts, of the City of Alameda Municipal Code, which provides, among other things: 1. That all existing overhead distribution facilities in such district be removed 2. That each property owner served from such overhead electric distribution facilities shall provide, within a period of time established by the City Council and at the property owner s expense and in accordance with AMP s applicable Rules and Regulations, all electrical service facility construction and changes to the owner s premises necessary to receive service from the electric underground distribution after they are completed and in operation. 3. AMP is authorized to discontinue overhead services after the period of time established by the City Council for reconnection to the electric underground distribution facilities has expired. c. The group of applicants or an authorized representative of a group of applicants has: i. Provided AMP documents which show all property owners served from the overhead facilities to be removed have agreed in writing to have the necessary substructure and wiring changes made on their premises so that electrical service may be furnished from the underground distribution system in accordance with AMP s rules and regulations and that AMP may discontinue its overhead service upon completion of the underground facilities; and 6 revised: 1/12/2015 2:52:00 PM

16 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA ii. Furnished and installed, at applicants expense, the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, pole bases and performed other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving required in connection with the installation of the underground system, all in accordance with AMP s specifications, or, in lieu thereof, paid AMP to do so; and iii. Transferred ownership of the above described distribution facilities, in good condition, to AMP; and iv. Paid a nonrefundable sum equal to the excess, if any, between the estimated costs of completing the underground electrical system and building a new, equivalent overhead electrical system. Where the street lighting system in areas to be undergrounded is mounted on overhead poles to be removed, the street lighting facilities shall be replaced in accordance with the standards and requirements of AMP, and the cost shall be borne by the applicant or group of applicants. The cost of undergrounding or providing for any other joint pole owner or tenant s facility shall be borne by the applicant or group of applicants as determined by the applicable tariffs and rules of the servicing utility. Where overhead fiber optics systems exist, 100 percent of the cost to place them underground will be borne by the applicant or group of applicants. Where fiber optics systems do not exist, the applicant or group of applicants are required to install, at no cost to AMP, spare conduit(s) and substructures for future fiber use as required by AMP. 6. UUD CONSTRUCTION A single master contractor (MC) will be responsible for coordinating and installing all designed substructures for each district. This includes substructures across customer s property with the following exceptions: a. Customers may opt to provide their own trench and substructures per the following conditions: i. Substructures are installed and adequately backfilled prior to AMP s scheduled underground service installation date ii. The trench route follows the most direct route from the point of service in the secondary box to the meter location unless otherwise designed and/or approved in writing by AMP. iii. Trench and substructure costs will be reimbursed at a rate equivalent to the established per foot rate charged by the MC. The MC will also be responsible for alteration or conversion of electrical service panels to accept underground electrical service with the following exception: a. Customers may opt to alter or convert their electrical service panel themselves per the following conditions: i. Service panels are altered or converted per AMP s standards, inspected and passed by the appropriate city department and ready to receive underground service prior to AMP s scheduled underground service installation date. b. Panel conversion costs will be reimbursed up to a maximum amount equivalent to the estimated panel conversion and/or alteration costs of the MC. Panel main switch upgrades (i.e. upgrade main breaker from 200 amp to 400 amp) do not qualify for reimbursement and must meet AMP specifications per AMP s rules and regulations. 7 revised: 1/12/2015 2:52:00 PM

17 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA PROGRAM IMPLEMENTATION ROLES AND RESPONSIBILITIES 1. Alameda Municipal Power (AMP) a. Program Manager. AMP will appoint a program manager who will coordinate all aspects of the UUD Program. b. Engineering and Operations. Provides subject matter expertise which may include, but is not limited to: i. Engineering design services to help define district boundaries, prepare cost estimates and drawings ii. Representation on Technical Advisory Committee (TAC) iii. Detailed system and substructure design iv. Final inspection and acceptance of substructures v. Installation of cables and equipment vi. Energize equipment vii. Customer cut over of electric service laterals viii. Removal of AMP owned overhead facilities ix. Review, approve, or prepare drawings x. Update engineering records c. Administrative Services. Award and service necessary contracts d. Customer Services. Respond to customer inquiries or complaints, provide customers updated program news. 2. Public Works. Participate in the identification and selection of UUDs through having at least one member serve on both the District Nomination Board (DNB) and the Technical Advisory Committee (TAC). 3. Planning and Building Services. Provide panel conversion inspection services. 4. Other Utility Providers. Other utility providers having overhead facilities in the affected UUDs (currently Comcast and AT&T) will participate as members of the Technical Advisory Board and will convert their facilities to underground when notified by AMP. 5. Master Contractor (MC). Will coordinate and install required substructures and panel conversions. PROCESS PICTORIAL 8 revised: 1/12/2015 2:52:00 PM

18 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA UUD IDENTIFICATION AND SELECTION PROPOSING A UUD UUDs proposed under this program will fall into one of two designations: Areas of General Public Benefit and Interest, and Areas of General Public Interest but Primarily Local Benefit. There is a third designation, Areas of Insufficient General or Local Public Benefit, however these areas will not be included under this program and will be managed in accordance with the procedures described in Replacement of Existing Overhead Facilities in Non Underground Districts, AMP Rules and Regulations, Article X, Section P. Proposed districts of both Areas of General Public Benefit and Interest and Areas of General Public Interest but Local Benefit will follow the same process identified below but with additional steps required to initiate a proposed district for Areas of General Public Interest but Primarily Local Benefit. Given the current amount of areas yet to be undergrounded in the City, the DNB will likely only be nominating districts that meet the designation of Areas of General Public Benefit and Interest for the foreseeable future. Some property owners may be eager to have their neighborhoods undergrounded and may apply to AMP with documents in accordance with the above policy for UUDs in areas of General Public Interest but Primarily of Local Benefit. Once AMP and the property owners within the neighborhood have agreed upon the district boundaries and required property owner funded costs of conversion, the UUD will be included in the District Nomination Board recommendations to the Technical Advisory Committee. STEP 1: DISTRICT NOMINATION BOARD (DNB). The Program Manager will convene and chair a DNB whose purpose is to recommend a set of UUDs for TAC consideration. Upon the TAC s acceptance of the DNB s recommendation, the DNB function will conclude until a new DNB is formed for future UUD recommendations. Membership of the DNB 9 revised: 1/12/2015 2:52:00 PM

19 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA will include at least one member from Public Works and each of the participating utilities and up to three members of the public who are appointed to the DNB via the process defined below. The DNB may still convene in the event less than three members of the public are appointed. PROCESS FOR SELECTING MEMBERS OF THE PUBLIC TO SERVE ON THE DNB 1. Citizen Requirements a. Must be a Customer served by AMP b. Able to commit to 1 2 DNB meetings c. Able to work with others to achieve a goal d. Able to evaluate alternatives and make quality, unbiased decisions e. May not have served on the immediately previous DNB i. Exceptions made at discretion of UUD PM 2. Application requirements a. Complete name, address and current contact number(s) b. Short description as to why participant wants to be involved c. Any related experience 3. Process for Solicitation a. Advertise for participation in local media, social media b. Advertise in Flash, bill inserts c. Return applications to UUD Program manager 4. Process for Selection a. A UUD team chosen by UUD PM (the team must include at least one member from Public Works) reviews applications and recommends 3 applicants. b. The UUD Team forwards the complete list of applicants and their recommendations to City Council or designate for approval 5. The UUD PM notifies the approved candidates. IDENTIFYING AND EVALUATING PROPOSED UUDS The DNB is tasked with nominating a set of UUDs (preferably 4 6) for TAC consideration. UUD nominations are based on guidance received from the City Council and the seven criteria listed in the policy section above. The criteria are entered into a scorecard (Appendix 2) which quantifies each criterion. Tier 1 criteria are weighted higher than tier 2 criteria. The resulting score of each evaluated district will be used to rate how well each proposed district achieves the desired goals of the program. However, the DNB may also nominate UUDs for engineering, operating, or economic reasons. The DNB will pass along their list of nominated UUDs, completed scorecard, and any additional recommendations to the TAC. STEP 2: TECHNICAL ADVISORY COMMITTEE (TAC) The Technical Advisory Committee (TAC) is responsible for recommending a prioritized list of between 1 4 UUDs for City Council consideration. The TAC will be led by the AMP program manager and shall be comprised of at least one member of Public Works and one member from each of the participating utilities. The TAC will review the DNB s list of nominated UUDs and will determine between 1 4 UUDs for City Council consideration. The TAC will define the exact boundaries of each proposed district and will identify all addresses within each of the proposed districts. 10 revised: 1/12/2015 2:52:00 PM

20 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA STEP 3: TOWN HALL MEETING A town hall meeting will be used by the TAC to inform, educate and gather feedback from customers in the 1 4 UUD(s) considered by the TAC for City Council approval. Information about UUD specifics will be presented at the town hall meeting and feedback collected. STEP 4: DISTRICT SELECTION SURVEY (DSS) Following the town hall, a survey will be mailed to all customers in the proposed UUD(s) to collect feedback and gauge the level of support from those impacted. Based on the feedback received from the survey, the TAC will recommend a prioritized list of 1 4 UUDs to the City Council for approval. STEP 5: CITY COUNCIL APPROVAL The Council reviews the recommendations from the TAC and, after determining that the public necessity, health, safety or welfare require undergrounding within one or more of the recommended UUDs, declares by resolution those areas as Underground Utility Districts. DESIGN AND CONSTRUCTION ENGINEERING DESIGN After the City passes a resolution creating a new UUD, AMP will prepare the initial design of the underground system and will forward those plans to other participating utilities to add their respective designs. Implementation of the UUD is to be accomplished through the use of a master contractor who will coordinate and install all designed substructures and panel alterations for each district. This includes substructures across customer s property. CONSTRUCTION Construction of underground utility systems and the subsequent removal of overhead utility systems consists of five phases: Substructures, Panel Conversion, Cabling, Cut Overs, and Pole Removal. 1. Substructures. In this first phase, crews create a trench and install conduit below the surface of the roadway. The crews will also trench up to each of the homes and businesses at this time. During this phase, the new transformer and cable boxes and pedestals will be placed above ground near the curbs. 2. Panel conversions. This phase prepares the electrical panels on private property to receive service from an underground source. This is often done in conjunction with phase Cabling. In this phase, technicians place new utility lines within the new conduits. 4. Cut Overs. Once a new underground system is in place and energized, and all properties have been prepared to receive underground service, all properties are switched over from the overhead lines to the new underground systems. 5. Pole Removals. When all properties have been switched over to the new underground system, the overhead systems are de energized and removed. A Master Contractor will complete the paneling and trenching phases. AMP and other participating utilities will perform the cabling, cut overs, and pole removals of their respective facilities. 11 revised: 1/12/2015 2:52:00 PM

21 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA PERMIT TO ENTER Because work must occur on private property to install service laterals and complete panel modification, affected property owners must grant permission for AMP and contract crews to enter onto their property. This permission will be obtained in writing via a Permit to Enter. (Appendix 4) Property owners may opt to provide their own trench and substructures and/or alter or convert their electrical service panel themselves. Property owner will be eligible for reimbursement for this work per guidelines and limits as set in this program. PROGRAM FUNDING UUD FUND (UUDF) All customers, through a 2% component of AMP s electric revenue, pay into the Utility Underground District Fund (UUDF) which funds the undergrounding of overhead utility facilities, pole removals, and street light conversion. The balance in this account is reported to the Board each month in the Treasurer s report. For UUDs initiated by the program that have been determined to be Areas of General Public Interest and Benefit, AMP will convert all electrical distribution and service facilities from overhead to underground, install trench and substructures, make all landscaping and road surface repairs and convert the customer s electrical service to accept underground service, at UUDF expense within the limits defined below: 1. The installation of each customer s underground electric service lateral is the most direct route from the point of service to the meter location unless otherwise agreed to in writing by AMP. Excess installation not agreed to by AMP will be at customer s expense. 2. The conversion of electric service panel to accept underground service at the existing main breaker size is limited to the cost of panel conversion established by the Master Contractor at the beginning of district conversion. Excess panel conversion costs will be borne by the customer. For applicant initiated districts that have been determined to be Areas of General Public Interest, But Primarily of Local Benefit, conversion costs will be entirely borne by the applicant or group of applicants. REIMBURSEMENTS FOR OWNER INSTALLED SERVICE LATERALS AND/OR PANEL MODIFICATIONS 1. Customers who install their own substructures over their own real property in conformance with the conditions listed above under UUD Construction, AMP s requirements and within the time limits of underground conversion as defined by the MC s construction schedule, shall be eligible for reimbursement at a rate equivalent to the established per foot rate charged by the MC. 2. Customers who opt to not use the master contractor and to alter or convert their electrical service panel themselves shall be eligible for reimbursement, up to a maximum amount equivalent to the estimated panel conversion and/or alteration costs of the MC. Panel conversions must be in 12 revised: 1/12/2015 2:52:00 PM

22 OVERHEAD TO UNDERGROUND UTILITY CONVERSIONS FOR THE CITY OF ALAMEDA conformance with the conditions listed above under UUD Construction, AMP s requirements and within the time limits of underground conversion as defined by the MC s construction schedule. 3. Final invoice(s) must be submitted no more than 60 calendar days after the designated UUD in which the work was done is 100% energized. (100% energizing may be completed prior to removal of the existing overhead facilities). MAINTENANCE INSURANCE Customers, who as a result of this revised UUD program have their service lateral converted to underground, may opt to purchase insurance that covers the total cost of underground conduit and/or conductor repair or replacement by AMP. The cost of insurance per month is currently being determined but will initially have the following range: 1. Residential: $0.005 $0.05 per month 2. Commercial: $0.40 $0.75 per month Insurance will not cover damage to the customer s conduit or service lateral sustained by direct acts of negligence by the customer or any related or third party working on the customer s property. In the event of a customer dig in or other act of negligence by a customer that damages or renders inoperative any part of the customer s conduit or electric service lateral, the customer will be responsible for any and all repairs and all associated costs. APPENDIX A1. UUD Program Communications Plan (TBD) A2. UUD Scorecard A3. District Selection Survey (TBD) A4. Permit To Enter A5. AMP Engineering Design Process Flowchart (TBD) A6. UUD Program FAQs 13 revised: 1/12/2015 2:52:00 PM

23 SAMPLE UUD SCORECARD UUD Criteria Priority Criteria Details (What describes this criteria) Cost Benefit Tier Weight Measures Score 1 Road Classification Regional Artery, Island Artery, Transitional Artery, Island Collector, Transitional Collector car/pole avoided cost of $15 $17K per incident 1 2 Regional Artery 6 Island Artery 5 Transitional Artery 4 Island Collector 3 Transitional Collector 2 General Public Benefit Heavy Concentration of Aerial Facilities Areas of Civic, Historical, Recreational or Scenic Interest 4 Deteriorated Facilities 5 Foliage Coordination with other City Projects 7 Interconnectivity to Existing UG Multiple connections to each pole with significant number of street crossings Tree density, height, projected growth, age and/or resiliency to line trimming Project will coordinate with planned and/or outstanding PW projects that would benefit from UG Avoided maintenance and inspection $1K/pole annually Aerial facilities that encumber the frontage or immediate surrounding proximity of civic, historical, scenic or recreational areas and whose presence degrades the natural beauty or environmental relevance of these areas. a. Civic areas are defined as the Park Street Business Value increase more related to structure vs. District, the Webster Street Business District, the 17 Station service removal, especially if service is Districts, public schools, libraries, City owned offices or obscured by tree. Value estimated by studies other buildings used or visited by large numbers of the at btwn 3% 15% increase in immediate area general public. valuation with some residual neighborhood b. Historical shall be defined as properties that are listed valuation as a City Historical Monument or are on the City s Historic Building Study List. c. Scenic and recreational areas include publicly owned parks, recreation areas, golf courses or other publicly owned open spaces. OH Utility Poles that are nearing or exceeded their useful life as determined by AM & Inspection program and are scheduled for replacement Proposed underground would originate from, or terminate into, an existing UG system Avoided cost of $10K per pole 1 Cost of trimming per tree x amount of trees in average district (approx. $2500 per 10 trees [avg. block]) Depends on project. Expected range from $x $x 2 $7K $10K savings from utilizing existing subsurface box and/or 1 fewer riser pole Other (Local) 1 < 2 connections /pole 1 >=2, <= 5 connections /pole 3 > 5 connections /pole 6 < 2 Poles/ 100' frontage 0.5 > =2, <= 5 Poles/ 100' frontage 1.5 > 5 Poles/ 100' frontage 3 < 2 Spans per 100' of frontage 0.5 >= 2, <= 5 Spans per 100' of frontage 1.5 > 5 Spans per 100' of frontage # of Poles Priority 1 (0 6 mnth) 6 # of Poles Priority 2 (6 12 mnth) 4 # of Poles Priority 3 (1 3 yr) 2 # of Avg maint trees 1 # of High maint trees 3 Work in Roadway 2 Other work 1 None 0 Connects at one end 4 Connects at two ends 2 3 Appendix 2

24 PERMIT TO ENTER Permission is hereby granted to Alameda Municipal Power (AMP), or its authorized agents to enter upon my property for purposes of trenching and installing underground electric facilities and appurtenances to convert the electric service from overhead to underground for my property. This permission shall terminate upon completing the electrical conversion from overhead to underground for the project known as ( ). This permission is granted only for the purpose of the electrical conversion and all incidentals thereto. AMP shall only be liable for injury, loss, damage or expense and claims for loss, damage or expenses that result from the negligent or intentional acts of AMP, its contractors, officers, agents or employees. AMP shall not be liable for any injury, loss, damage or expense or claims for loss, damage or expense arising from any other cause or causes whatsoever. Owner Signature: Dated: Owner (Print Name): Site Address: Assessor Parcel Number (APN) if known. Telephone Number: Address: Please check box and call (XXX) XXX-XXXX if you want to begin coordination of a meter panel upgrade or relocation as part of this conversion (work associated with the Upgrade or Relocation will be at the cost of the property owner). Upgrade If you want to increase the current capacity to the home by installing a new electric panel. (Typically done if the owner expects to add a Jacuzzi or air conditioning). Relocation- Moving your meter to another location on your home. Return to: Alameda Municipal Power Attn: Underground District Program 2000 Grand Street Alameda, CA Appendix 5

25 Dear Property Owner: Subject: Important Information Regarding the Undergrounding of Overhead Alameda Municipal Power s Power Lines At a public hearing the City of Alameda approved the creation of the Underground Utility District in your neighborhood. You own property in this district, which has been selected for beautification by removal of the existing overhead lines. The new system installed will use low-profile pad mounted transformers wherever possible. However, in commercial areas, some larger transformers may be necessary to provide adequate service. The transformers and some of our subsurface substructures will be placed within the municipal right of way. This may vary, but is usually 10 feet behind curb. Alameda Municipal Power (AMP) or our contract crews will soon begin construction of the new underground electric system. AMP or contract crews will also be providing the trench and conduit for AMP, AT&T and Comcast on private property to those properties included in the conversion boundary. The crew will leave a door hanger on your door approximately one week prior to performing work on your property. The crew foreman or contractor s name and phone number will be noted should you have any questions. AMP s contract electrician will be performing the necessary electrical work to re-feed your existing meter panel with the new underground cable; the cost of this is covered by AMP. Prior to beginning the work, our contract electrician will leave a door hanger on your property indicating their name and phone number in case you have questions. If you wish to upgrade your meter panel check the box on the enclosed Permit to Enter form. Meter panel upgrades and relocations will be at the property owner s expense. The deadline to begin coordination for meter panel upgrades or relocations is the construction start date of the project. Once AMP s contract electrician is complete with the standard conversion work on your property that will be our final obligation with the exception of pulling new service cable into your panel. If you decide to upgrade or relocate your meter panel after AMP s contract electrician has completed the work to convert your existing meter panel to underground, all expense associated with the removal of our completed work, and upgrade or relocation will be that of the property owner. Any pre-existing electrical violations or hazardous conditions identified by the City of Alameda Electrical Inspector must be corrected. The owner will be notified and they can negotiate with the AMP electrician to repair and/or correct the situation or the owner can hire their own electrician to correct the violations. These corrections will be at the property owner's expense. If there are plants that encroach in the required three-foot working space area in front of the existing electric meter panel and/or the new pull can location, those plants will be removed and will not be replaced. The pull can is a box that may be installed on your house/building that will be the termination point for the new underground wires. Existing gates with locks or keyways that do not meet AMP s specifications must be replaced with AMP locks (which AMP will provide) or the keyway will need to be re-keyed at your expense for AMP access. We look forward to working with you and hope you will bear with us during the construction period. When the job is complete, I am sure you will be pleased with the results. If you have further questions, please contact the AMP Representative listed in the City of Alameda letter titled Dear Property Owner. Appendix 5

26 CHAPTER XIX ELECTRIC SERVICE 19 4 UNDERGROUND DISTRICTS UNDERGROUND DISTRICTS Definitions Public Hearing Reports Resolution Notification Property Owners Responsibility of Utility Companies Responsibility of City Extension of Time Unlawful Acts Exception. Emergency or Unusual Circumstances Other Exceptions Penalty Definitions. As used in this section: Commission shall mean the Public Utilities Commission of the State of California. Committee shall mean the Technical Advisory Committee which shall consist of representatives of the Public Works Director (as chairperson), the General Manager of the Bureau of ElectricityAlameda Municipal Power (as chairperson) and the other affected utilities. 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. 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 subsection of this section. Person shall mean any private or governmental entity including individuals, firms, corporations, partnerships, and their agents and employees. Poles, overhead wires and associated overhead structures shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, 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. Resolution shall mean a resolution adopted by the Council pursuant to subsection of this section. 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 section and without limitation of the Alameda, California, Code of Ordinances Page 1

27 CHAPTER XIX ELECTRIC SERVICE 19 4 UNDERGROUND DISTRICTS. definition herein, the Bureau of ElectricityAlameda Municipal Power, Public Utilities Board of the City of Alameda, shall be a "utility". (Ord. No N.S.) Public Hearing. The Council may 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 fifteen (15) days prior to the date thereof. Each such hearing shall be open to the public and may be continued. 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. (Ord. No N. S.) 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 designated 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. (Ord. No N.S.) 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. (Ord. No N.S.) Notification. Within fifteen (15) days after the effective 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 resolution, together with a copy of this section, to the affected utilities, and to affected property owners as shown on the last equalized assessment roll. (Ord. No N.S.) Alameda, California, Code of Ordinances Page 2

28 CHAPTER XIX ELECTRIC SERVICE 19 4 UNDERGROUND DISTRICTS Property Owners. Pursuant to Section 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 penalties 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. (Ord. No N.S.) Responsibility of Utility Companies. The supplying 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 ElectricityAlameda Municipal Power shall furnish all City/Bureau AMP owned equipment not provided for in subsection The 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 BureauAlameda Municipal Power. Whenever a rule, regulation or tariff requires a reciprocal rule, regulation or tariff for cost sharing or other equitable participation, this section shall be deemed to furnish it. (Ord. No N.S.) Responsibility of City. The City shall remove at its own expense all street lightsany City owned equipment or materials in ample time to enable the removal of poles within the time specified in the resolution. (Ord. No N.S.) Extension of Time. In the event that any act required by this section 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 accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. No N.S.) 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 the overhead facilities are required to be removed by such resolution, except as otherwise provided in this section. (Ord. No N.S.) Alameda, California, Code of Ordinances Page 3

29 CHAPTER XIX ELECTRIC SERVICE 19 4 UNDERGROUND DISTRICTS Exception. Emergency or Unusual Circumstances. Notwithstanding the provisions of this section, overhead facilities may be installed to provide emergency service. Further, the Public Works DirectorGeneral Manager of Alameda Municipal Power 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. (Ord. No N.S.) Other Exceptions. This section and any resolution adopted pursuant to subsection 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 associated 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 thirty-four thousand five hundred (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 (1) location on the building to another location on the same building or to an adjacent building without crossing any public street. d. Antennas, associated equipment and supporting structures. e. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted 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 construction 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. (Ord. No N.S.) Penalty. Any person violating any provision or failing to comply with any of the requirements of this section 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 section is committed, continued or permitted by such person, and shall be punishable as provided for in this section. (Ord. No N.S.) Alameda, California, Code of Ordinances Page 4

30 CHRISTOPHER BUCKLEY 1017 SAN ANTONIO AVENUE, ALAMEDA, CA PHONE: (510) FAX: (510) December 7, 2014 City of Alameda Public Utilities Board Subject: Redesigned Undergrounding Utility District Policy (Item 5.B.1 on PUB s Agenda) Dear Boardmembers: It is very good that the undergrounding program is being proposed for revision. It is especially important that priority be given to projects that maximize public benefit and that the service connection costs to customers be reduced to the greatest extent possible to promote customer support for these projects. The staff proposal appears consistent with these goals. It is also important that the project selection criteria be as objective as possible to promote clarity and implementation of policy intent. I therefore recommend that the Undergrounding Utility Policy and UUD Master Plan (Exhibits A and B to the PU staff report) Tier 1 Criterion iii ( Aesthetics ) be revised as follows ( see Page 2 of Exhibit A to staff report and Page 3 of Exhibit B): iii. Aesthetics Areas of Civic, Recreational or Unusual Scenic Interest: Aerial facilities that encumber the frontage or immediate surrounding proximity of civic, historical, scenic, residential, or recreational areas and whose presence degrades the natural beauty or environmental relevance of said area. AMP facilities that meet this criterion are normally those where either: (A) At least 50% of the street frontage consists of properties that are either a City of Alameda Historical Monument or on the City s Historic Building Study List; or (B) The street frontage adjoins or passes through either the Park Street Business District, the Webster Street Business District or one of the Station Business Districts; or (C) The street frontage adjoins or passes through either: (1) a public school, library, office or other publicly owned building used or visited by large numbers of the general public; or (2) a publicly owned park, recreation area, golf course or other publicly-owned open space. and where the facilities degrade the natural beauty or environmental character of these frontages. The recommended heading change more closely relates to the CPUC s Rule 20A/32A criteria. Criterion iii, as drafted, is too vague and could be used to justify undergrounding, mostly at ratepayer expense, almost any area. The inclusion of any residential area seems especially problematic. My recommended revisions seek to clearly identify which areas of civic, recreational or unusual scenic interest have sufficiently high public benefit to justify their undergrounding using mostly ratepayer funds.

31 Thank you for the opportunity to comment. Please contact me at or (510) if you would like to discuss these comments. Sincerely, Christopher Buckley cc: Glenn Steiger, Doug Draeger and Gary Spenik 2

32 UUD Program Notional Timeline PUB Approval of Revised UUD Policy 1/26/2015 City Council Approval of Revised UUD Policy 3/3/2015 Revised Ordinances Approved 4/21/2015 AMP Rules & Regs Revised 6/30/2015 Begin Implementation 7/1/2015 Jan Feb Mar Apr May Jun Jul 2015 Refine Master Plan 1/26/2015-6/30/2015 Draft & Review Revised Ordinances 1/26/2015-3/2/2015 Identify Program Resources 3/4/2015-6/30/2015

33 AGENDA IITEM NO.: 5.A. MEETING DATE: 01/26/2015 EXHIBIT F Revised Underground Utility District (UUD) Program Public Utilities Board January 26,

34 Overview Agenda I. Background II. Proposed UUD Redrafted Program Revisions III. Next Steps IV. Questions 2

35 3 Background

36 Background Redrafted policy and master plan presented to PUB on December 8, 2014 for approval and recommendation to City Council PUB asked for consideration of issues raised by two public comments Language introduced to revise the proposed aesthetics criteria language in the redrafted policy Prescriptive language that would allow district citizens to opt out of UUD consideration by the City Council 4

37 Aesthetic Criteria Proposed Policy language: Areas of Civic, Historical, Recreational or Scenic Interest: Aerial facilities that encumber the frontage or immediate surrounding proximity of civic, historical, scenic or recreational areas and whose presence degrades the natural beauty or environmental relevance of these areas. 5

38 District Opt out The Policy include a provision for a proposed Underground Utility District to opt out of being undergrounded either temporarily or permanently. Legal issues: Balloting procedure process Determination of majority Voting weights Legal requirements 6

39 Summary PUB asked for consideration of input provided by two citizens through public comment on the redesigned UUD Policy: Aesthetic criteria: Policy definition title changed, text modified and scoring criteria revised to reflect public comment. Opt out option: Not recommended and would require significant legal review and determination 7

40 Next Steps or Recommendations PUB January 26, 2015 City Council March 3, 2015 Program Initiation (Gather team, district selection process, solicit/select Master Contractor, etc ) 8

41 9 Questions?