The Undergrounding Petition for Proceedings Is Actually a Serious and Binding Vot E

The Undergrounding Petition for Proceedings is actually a serious and binding vot e.

http://bit.ly/1BHPpcN Copy and paste this link into your browser to join our petition against undergrounding.

Why is simply ‘acknowledging interest’ a binding commitment? The following is our current understanding. According to Assistant City Engineer Michael Sinacori, here is the process: If 60% of the homeowners “acknowledge interest in the formation of this district” by putting their names on a vaguely worded postcard, it will 1) put the city on the hook to pay around $400,000 to the utilities (just to get an estimate), 2) obligate the city to eventually send out a ballot election where if 51% of the returned ballots are in favor, it will legally obligate ALL homeowners to spend or borrow around $25,000, and 3) delay by up to 8 years already funded alley improvements in the Heights.

Who benefits by signing the petition? 1) Homeowners with poles in their streets or alleys and who want to pay to have them removed. 2) The Edison company, Time-Warner and the other utilities - they will be paid hundreds of thousands of dollars by the city to do an estimate, and possibly millions more by everyone else to do the undergrounding.

Who benefits by not signing the petition? 1) Anyone who would rather be able to decide for themselves how to spend their own money. 2) Anyone who doesn’t want a small minority being able to force the rest to spend (or borrow) $25,000 or more.

Why are the petition and postcard deceptive? There is no mention the alley improvements will be delayed by 6-8 years. There is no mention that around $400,000 of city funds will be paid to the utilities for an estimate. There is no mention that the future election will be based on just 51% of the turnout (not 51% of the total homeowners). This is based on a state law from 1913. (It would make more sense if the ballot required 51% of all of the homeowners to pass.) This doesn’t really even make sense in the abstract. Three hundred people (60% of 500 homes) are voting to allow as few as 50 people (51% of the usual 20% voter turnout) to decide their financial fate. Proponents already have about 50 names on the petition! The city should be required to send out a clarification letter containing many of the facts in this message so that homeowners can make in informed decision.

This should be resolved ASAP so that the currently allocated $2,000,000 can immediately be spent to upgrade the alleys. In fact, the petition and the undergrounding question is the only thing holding up the commencement of the needed alley repairs. Besides, who knows how much the cost of alley repairs might increase in 8 years?

We ARE really having a vote with this petition! Here are the reasons. If 60% of the homeowners put their names on this petition, we are voting 1) to delay already funded alley improvements, 2) to administer a real election (where the ballots goes out in the mail, and those returned within 45 days are counted by the city council) and 3) to agree with 51% of the returned ballots (i.e., voting voters - which may have a disproportionate percentage of proponents) requiring ALL homeowners in the district pay around $25,000 each.

There are other alternatives. There are three ways property owners can underground the existing overhead utilities:

1. Rule 20A - Projects that fall under Rule 20A are paid for by all utility ratepayers, not just those who live in the area to be undergrounded. To qualify for full funding, projects must provide a benefit to the general public, not just the affected customers in the area by satisfying one or more of the below criteria: unusually heavy concentration of overhead facilities, heavily traveled area, qualifies as an arterial or major collector road in the general plan within or passing through a civic, recreational, or scenic area. If desired, this should be pursued for the Santa Ana Avenue corridor, which may satisfy more than one of these criteria.

2. Rule 20B - Projects that fall under Rule 20B allow property owners to elect to form an underground utility assessment district when Rule 20A does not apply. The current petition is pursuing this course. We do not agree with this strategy.

3. Rule 20C - Projects that fall under Rule 20C enables property owners to privately fund undergrounding the overhead facilities if neither of the above apply. This is the fairest solution if Rule 20A does not apply.

In any case, all homeowners should be advised (with a clarification letter from the city explaining the full facts) of the serious implications, as noted in this message, of signing this petition. It is not simply a ‘let’s look into this.’

Proponents of this petition simply want everyone else and the city to share in the costs of their homes’ aesthetic improvement. Not fair.

Homeowners Tom and Lu Anne Baker Peggy and Dan Clark Gail Demmer Wendy Flotow Jerry and Harriett Grant Barbara and Val Lyon Joan McCauley John and Joanne Snelgrove Coe and Charles Spence Joyce Redwillow Portia and Richard Weiss

http://bit.ly/1BHPpcN Copy and paste this link into your browser to join our petition against undergrounding.