RESOLUTION NO. 56,237 - N.S.

ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 47 GRIZZLY PEAK BLVD. BETWEEN ARCADE AVENUE AND LATHAM; SHASTA ROAD BETWEEN GRIZZLY PEAK AND MILLER AVENUE; MILLER AVENUE BETWEEN SHASTA ROAD AND LATHAM; STEVENSON AVENUE BETWEEN MILLER AVENUE AND GRIZZLY PEAK BLVD.; WHITAKER AVENUE BETWEEN STERLING AVENUE AND MILLER AVENUE; STERLING AVENUE BETWEEN TWAINE AVENUE AND APPROXIMATELY 300 FEET SOUTH OF WHITAKER AVENUE; STODDARD WAY; AND MUIR WAY BETWEEN GRIZZLY PEAK BLVD. AND PARK HILLS ROAD IN THE CITY OF BERKELEY

WHEREAS, on February 5, 1991, the Council of the City of Berkeley directed the Public Works Commission to hold a public hearing for the purpose of ascertaining whether public necessity, health, safety or welfare require the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communications, or similar associated service on Grizzly Peak Blvd. between Arcade Avenue and Latham; Shasta Road between Grizzly Peak and Miller Avenue; Miller Avenue between Shasta Road and Latham; Stevenson Avenue between Miller Avenue and Grizzly Peak Blvd.; Whitaker Avenue between Sterling Avenue and Miller Avenue; Sterling Avenue between Twaine Avenue and approximately 300 feet south of Whitaker Avenue; Stoddard Way; and Muir Way between Grizzly Peak Blvd. and Park Hills Road; and

WHEREAS, such public hearing was called by the Public Works Commission for Thursday, May 9, 1991 at the hour of 7:00 p.m. in the North Berkeley Senior Center, 1901 Hearst Street, Berkeley; and

WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and

WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given the opportunity to be heard.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley hereby finds and determines that public necessity, health, safety and welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service on Grizzly Peak Blvd. between Arcade Avenue and Latham; Shasta Road between Grizzly Peak and Miller Avenue; Miller Avenue between Shasta Road and Latham; Stevenson Avenue between Miller Avenue and Grizzly Peak Blvd.; Whitaker Avenue between Sterling Avenue and Miller Avenue; Sterling Avenue between Twaine Avenue and approximately 300 feet south of Whitaker Avenue; Stoddard Way; and Muir Way between Grizzly Peak Blvd. and Park Hills Road; and that said streets are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic or adjoin or pass through an area of unusual scenic interest to the general public; and as such described are hereby established as Underground Utility District No. 47. A map delineating the boundaries of said district is attached hereto, marked "Exhibit A," and hereby incorporated as part of this resolution.

FURTHER RESOLVED that the following exceptions in said Underground Utility District No. 47 be and they are hereby authorized:

a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Assistant City Manager for Public Works.

b) Poles or electroliers used exclusively for street lighting.

c) 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 which poles, overhead wires and associated overhead structures are not prohibited.

d) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services.

e) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.

f) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

FURTHER RESOLVED, that all poles, overhead wires and other associated overhead structures shall be removed and underground installations made in said underground utility district within the following times; provided, however, that Pacific Gas and Electric, Pacific Bell, Bay Cablevision, Inc. and the City of Berkeley are not obliged to commence their conversion work within Underground Utility District No. 47 until satisfactory arrangements for payment for the City's street lighting cost have been completed by the neighborhood and the City:

a) Underground installation of property owner reconnect conduits no later than 12 months after the commencement of the work.

b) Removal of poles, overhead wires and other associated structures not less than 18 months after the date of commencement of the work.

FURTHER RESOLVED, that the Assistant City Manager for Public Works may extend the date for such reconnections and removal upon recommendation of the Public Works Commission and the show of good cause.

FURTHER RESOLVED, that the electric utility which undertakes the underground installation of its facilities shall use the underground conversion allocation computed pursuant to the decision of the Public Utilities Commission of the State of California for the purpose of providing to those premises designated by the Public Works Commission in the amendment to Underground Utility District No. 47 requiring it, a maximum of one hundred feet of individual electric service trenching conductor (as well as termination box, backfill, paving and conduit, if required).

FURTHER RESOLVED, that the telephone utility which undertakes the underground installation of its facilities shall use the underground conversion allocation computed pursuant to decision of the Public Utilities Commission of the State of California for the purpose of providing those premises designated by the Public Utilities Commission in the amendment to Underground Utility District No. 47 requiring it, a maximum of one hundred feet of individual telephone service trenching conductor (as well as backfill, paving and conduit, if required).

FURTHER RESOLVED, that the City Clerk, within ten (10) days after adoption of this resolution, shall mail a copy hereof and a copy of Ordinance No. 4351-N.S. to affected property owners such as are shown on the last equalized assessment roll and to the affected utilities.

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