Title
Adoption of Resolution Authorizing Grant of a Non-Exclusive Utility Easement from the City of Alameda to AT&T within the San Leandro Channel. (Public Works 310)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Adoption of Resolution Granting a Non-Exclusive Utility Easement between the City of Alameda and AT&T within the San Leandro Channel
BACKGROUND
AT&T proposes to install approximately 1,000 feet of high-density polyethylene (HDPE) conduit beneath the San Leandro Channel, using horizontal directional drill (HDD) method for installation. The new structure will provide much needed capacity to meet current and future fiber service demands on Bay Farm Island, and will provide additional redundancy for the Oakland Airport. With residential and commercial development ongoing on the island, capacity is expected to be exceeded within the coming year.
Due to the geographic constraints, there are few options for locating additional telecommunication linkages between Alameda and Bay Farm Island. There are existing AT&T utility easements in this area dating back to 1954; however, existing infrastructure will not be able to accommodate additional equipment that is needed to provide additional service capacity and bandwidth to Bay Farm Island.
DISCUSSION
City staff has reviewed and accepted the plat map for the easement. The City may revoke the easement at any time by public meeting, if AT&T fails to operate, maintain or repair the facilities, or breach any other terms as set forth in the grant of easement. The easement restricts the City from erecting any building or other structure or to drill or operate any well under or within the strip of land - the majority of which is submerged under the San Leandro Channel. A copy of the easement agreement is attached as Exhibit 1.
FINANCIAL IMPACT
All costs associated with the operation, maintenance, and repair of the facilities in a safe, sanitary, and fully operational conditions will be born by AT&T or their successors. There is no impact to the General Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, this Project qualifies for three categorical exemptions from environmental review: Class 1 (Section 15301, Existing Facilities), Class 2 (Section 15302, Replacement or Reconstruction) and Class 3 (Section 15303, New Construction or Conversion of Small Structures). Class 1 - the Project is intended to upgrade the present system, which uses both of the existing manholes/vaults and crosses the channel in a leased conduit, which can be exempt as repair, maintenance and other minor alterations to existing facilities, such as public utilities, as described in Section 15301(b). Class 2 - the Project conforms to exemptions described in Section 15302(c), which allows for replacement or reconstruction of existing utility systems and/or facilities that will have substantially the same purpose as the existing structure. The Project would provide redundancy for improved system security to bring it into compliance with FCC requirements, and would serve the same purpose as the existing system. The “increased capacity” in this instance is not in conflict with the Class 2 exemption’s reference to “negligible or no increase in capacity,” in that increased capacity of a telecommunication network would not have the potential physical effects that capacity increases in a sewage or water structure could have (for example). Class 3 - the Project is consistent with Section 15303(d), which exempts new construction of small structures, including utility extensions, from environmental review.
RECOMMENDATION
Adopt a resolution granting a non-exclusive utility easement between the City of Alameda and AT&T within the San Leandro Channel.
Respectfully submitted,
Liam Garland, Acting Public Works Director
By,
Philip Lee, Assistant Engineer
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Easement Agreement