The policy must contain the following endorsement, which must be stated on the certificate of insurance:
• Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing the Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage).
D. Railroad Protective Liability insurance. Consistent with the terms hereof, the Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of the Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. The Contractor shall provide this Agreement to the Contractor's insurance agent(s) and/or broker(s), and the Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this Agreement. A BINDER
STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO THE RAILROAD BEFORE
THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If the Political Body utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the work as defined in this Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in separate policy form or by endorsement to the Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the job site, the Political Body must furnish to the Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.
DEN-160449-3
City Council/RSA Agenda 367 Tuesday, November 14, 2023
Other Requirements
G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to the Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for the Railroad's negligence whether sole or partial, active or passive, and shall not be limited by the Political Body's liability under the indemnity provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. The provisions of this Paragraph H regarding the deletion of the punitive damages exclusion shall only apply if permitted by the laws of the state where the Project is located.
I. The Political Body waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees.
This waiver must be stated on the certificate of insurance.
J. Concurrently with the execution of this Agreement, the Political Body shall furnish the Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to the Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Project is located.
L. The fact that insurance is obtained by the Political Body will not be deemed to release or diminish the liability of the Political Body, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by the Railroad from the Political Body or any third party will not be limited by the amount of the required insurance coverage.
DEN-160449-3
City Council/RSA Agenda 368 Tuesday, November 14, 2023
EXHIBIT F
TO
PUBLIC AT-GRADE PEDESTRIAN CROSSING AGREEMENT
Project Plans
(Include: At-grade Pedestrian Crossing, I St. Closure and Improvements at Decoto Road)
DEN-160449-3
City Council/RSA Agenda 369 Tuesday, November 14, 2023
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City Council/RSA Agenda 370 Tuesday, November 14, 2023
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City Council/RSA Agenda 371 Tuesday, November 14, 2023
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City Council/RSA Agenda 372 Tuesday, November 14, 2023
EXHIBIT G
TO
PUBLIC AT-GRADE PEDESTRIAN CROSSING AGREEMENT
Dot No. / Subdivision Description of Safety Improvements MP DOT: 834186V /
Oakland
Subdivision
Further evaluation of preemption operations and
implementation of modifications, including, but
not limited to:
Implement Pre-signal recommendations
Implement maximum preemption timing circuit
Implement traffic signal health circuit
26.20/Decoto Road @ 11th
Street
DOT: 834186V /
Oakland
Subdivision
Further evaluation of preemption operations and
implementation of modifications, including, but
not limited to:
Change interconnect circuitry
Implement traffic signal health circuit
26.20/Decoto Road @
Station Way
DOT: 749781G /
Niles Subdivision
Further evaluation of preemption operations and
implementation of modifications, including, but
not limited to:
Change interconnect circuitry
Implement Mid block recommendations
Implement maximum preemption timing circuit
26.60 / Decoto Road @
11 thStreet
DOT: 749776K /
Niles Subdivision
Further evaluation of preemption operations and
implementation of modifications, including, but
not limited to:
Install Storage Space Signs
Change interconnect circuitry
Implement maximum preemption timing circuit
25.60 / Whipple Road @
Railroad
DOT: 749776K /
Niles Subdivision
Further evaluation of preemption operations and
implementation of modifications, including, but
not limited to:
Change interconnect circuitry
Implement maximum preemption timing circuit
25.60 / Whipple @ Ithaca
Street
DOT: 749927X /
Coast Subdivision
Further evaluation of preemption operations and
implementation of modifications, including, but not
limited to:
Implement traffic signal health circuit
25.20 / Smith St. @
Tidewater Drive
DEN-I60449-3
City Council/RSA Agenda 373 Tuesday, November 14, 2023
Authorize City Manager to Enter into
an Agreement with Union Pacific
Railroad to Construct a Public AtGrade Pedestrian Crossing at the Union City BART Station
ITEM 7.a
July 9, 2019
City Council/RSA Agenda 374 Tuesday, November 14, 2023
2 LOCATION
City Council/RSA Agenda 375 Tuesday, November 14, 2023
3 BART STATION PEDESTRIAN CROSSING
City Council/RSA Agenda 376 Tuesday, November 14, 2023
History 4
2001 – Intermodal Station District & Transit Facility Plan Mid 2000’s - 11th Street & BART Station, Phase 1A
Mid 2010’s - BART Station (Phase 1B/Phase 2), East Plaza, Developments (MidPen, Windflower)
2011 – Initiate UPRR Permit for At-Grade Crossing
2017 – CPUC issues Decision for At-Grade Crossing
2018 – Receive Draft UPRR Permit
2019 – Receive Final UPRR Permit for Execution (CON)
Early 2020’s – BART Station, Phase 2A & BART Pedestrian AtGrade Crossing City Council/RSA Agenda 377 Tuesday, November 14, 2023
PERMIT CONDITIONS 5
UNION PACIFIC RAILROAD CONDITIONS FOR
NEW PEDESTRIAN BART AT-GRADE CROSSING
ACROSS UPRR TRACK (OAKLAND SUBDIVISION):
✓ Required Decoto Road Ped. Improvements
o Reconstruct Sidewalk & Safety Signals
✓ Required Closure of (1) Ex. At-Grade Crossing
o Traffic Study of Existing Street Crossings
o Current Condition- Closure of (2) Ex. At-Grade
Crossing for a NEW At-Grade Crossing
City Council/RSA Agenda 378 Tuesday, November 14, 2023
6 TRAFFIC STUDY: EXISTING AT-GRADE CROSSINGS
- “F” Street (Most Pedestrians)
- “H” Street (Most Vehicular Traffic)
- “I” Street
City Council/RSA Agenda 379 Tuesday, November 14, 2023
7 PERMIT CONDITIONS
NEW BART
PEDESTRIAN
AT-GRADE XING
DECOTO ROAD
PEDESTRIAN
CROSSING
IMPROVEMENTS
“I” ST. AT-GRADE
CROSSING
(CLOSURE)
City Council/RSA Agenda 380 Tuesday, November 14, 2023
8 BART STATION – BACK DOOR
Early 2020’s – BART Station, Phase 2A & Pedestrian At-Grade Crossing City Council/RSA Agenda 381 Tuesday, November 14, 2023
RECOMMENDATION 9
ACTION
It is recommended the City Council Adopt a
Resolution authorizing the City Manager to enter
into an Agreement with Union Pacific Railroad to
Construct a Public At-Grade Pedestrian Crossing
at the Union City BART Station
City Council/RSA Agenda 382 Tuesday, November 14, 2023
At-Grade Pedestrian Crossing at
BART Station & Closure of “I” Street at
12th Street Presentation
Bicycle & Pedestrian Advisory Committee
(BPAC) on October 18, 2023
Presented by Farooq Azim, City Engineer
City Council/RSA Agenda 383 Tuesday, November 14, 2023
UNION CITY INTERMODAL STATION 2
- PROJECT LOCATION
City Council/RSA Agenda 384 Tuesday, November 14, 2023
3 INTERMODAL STATION GOAL –
Make Union City Station, a Two- Sided BART Station
Over 20 Years Planning
$160 Million Investment
(Local, Regional, State &
Federal Grant Funds)
Project Partners
MTC, BART, AC Transit, UC
Transit, ACE, VTA, Capitol
Corridor, ACCMA-ACTIA-ACTC,
Fremont and Hayward
City Council/RSA Agenda 385 Tuesday, November 14, 2023
4 INTERMODAL STATION UPDATE
BART STATION - PROJECT HISTORY
2001-2005 MTC Resolution 3434 (TOD Policy and Investment) 2002 – BART Station Comprehensive Station Plan & Intermodal Station 2004 - Intermodal Station & Transit Facility Plan (Passenger Rail) 2006 - Union City Passenger Rail Project EIR (ACE, DB Rail, CCJPA) Mid 2000’s - 11th Street & BART Station, Phase 1A (Transit & Parking) Mid 2010’s - BART Station (Phase 1B/Phase 2) & East Plaza Completed 2017 - CPUC Decision: Authorizes New BART At-Grade Pedestrian Crossing 2022 – BART Station, Phase 2A (East Entrance) Completed Next Steps:
2024 - Secure UP Construction Permit and Advertise At-Grade Crossing 2025 - BART PED At-Grade Crossing (Complete East Entrance) City Council/RSA Agenda 386 Tuesday, November 14, 2023
5 INTERMODAL STATION, BART PHASE 2A
COMPLETED IN 2022
City Council/RSA Agenda 387 Tuesday, November 14, 2023
6 BART Station, Phase 2A - Ready to connect with upcoming At-Grade Pedestrian Crossing City Council/RSA Agenda 388 Tuesday, November 14, 2023
7 INTERMODAL STATION UPDATEFUTURE ACE-BART RAIL TO RAIL CONNECTION 5 Minute Walk: ACE to BART & ACE to TRANSIT
City Council/RSA Agenda 389 Tuesday, November 14, 2023
8 INTERMODAL STATION UPDATE
BART Pedestrian At-Grade Crossing
Purpose:
Make Union City BART
Station a Two-Sided BART
Station with a new
Pedestrian At-Grade
Crossing on the Oakland
Subdivision Track and
connect to the 100-acre
Station District Area.
City Council/RSA Agenda 390 Tuesday, November 14, 2023
9 INTERMODAL STATION UPDATE
BART Pedestrian At-Grade Crossing
At-Grade Improvements Includes:
▪ Construct a new Pedestrian At-Grade Crossing on east side of BART Station and connect to East Plaza with new Railroad Flashing Signals/ Safety Gates
▪ Improve existing Decoto Road At-Grade Crossing with
modified sidewalk and new Railroad Flashing Signals/Safety Gates for pedestrians
▪ Permanently Close existing “I” Street At-Grade Crossing and reroute pedestrians, bikes and vehicles to “H” or Decoto Road City Council/RSA Agenda 391 Tuesday, November 14, 2023
UNION PACIFIC RAILROAD PERMIT REQUIREMENTS & CONDITIONS 10
NEW BART
PEDESTRIAN
AT-GRADE XING
DECOTO ROAD
PEDESTRIAN
CROSSING
IMPROVEMENTS
“I” ST. AT-GRADE
CROSSING
(CLOSURE)
City Council/RSA Agenda 392 Tuesday, November 14, 2023
UNION PACFIC RAILROAD PERMIT REQUIREMENTS & CONDITIONS 11
TO OPEN THE NEW PEDESTRIAN
AT-GRADE CROSSING AT BART ACROSS UPRR
TRACKS (OAKLAND SUBDIVISION):
✓ Required Decoto Road Ped. Improvements
o Reconstruct Sidewalk & Safety Signals
✓ Closure of Ex. At-Grade Crossing at I St.
o Traffic Study of Existing Street Crossings
City Council/RSA Agenda 393 Tuesday, November 14, 2023
12 TRAFFIC STUDY: EXISTING AT-GRADE CROSSINGS
- “F” Street (Most Pedestrians)
- “H” Street (Most Vehicular Traffic)
- “I” Street
City Council/RSA Agenda 394 Tuesday, November 14, 2023
13 INTERMODAL STATION UPDATE
BART Pedestrian At-Grade Crossing
Project Notification and Public Hearing for I St. Closure:
▪ Updated DRC (Planning, Fire, PD) – I St. Closure & Detour Options
▪ Update BPAC (now) – Project context and B&P Improvements ▪ Next Steps:
▪ Public Notification via direct mailings, City website and Community Meeting - prior to going to bid
▪ Public Hearing by City Council – prior to going to bid City Council/RSA Agenda 395 Tuesday, November 14, 2023
14 INTERMODAL STATION UPDATE
BART Pedestrian At-Grade Crossing
Other Required UP Improvements (Separate Projects):
▪ Improve existing Decoto Road At-Grade Crossing at Niles Subdivision with modified sidewalk and new Railroad Flashing Signals/Safety Gates for pedestrians (By Integral Developer) ▪ Improve existing Whipple/Railroad Ave At-Grade Crossing at Niles Subdivision
▪ Improve existing Smith Street At-Grade Crossing at Coast Subdivision
City Council/RSA Agenda 396 Tuesday, November 14, 2023
15 City Council/RSA Agenda 397 Tuesday, November 14, 2023 16 PEDESTRIAN AT-GRADE CROSSING AT BART STATION - RENDERING 1 City Council/RSA Agenda 398 Tuesday, November 14, 2023
17 PEDESTRIAN AT-GRADE CROSSING AT BART STATION - RENDERING 2 City Council/RSA Agenda 399 Tuesday, November 14, 2023
18 PEDESTRIAN AT-GRADE CROSSING AT BART STATION - RENDERING 3 City Council/RSA Agenda 400 Tuesday, November 14, 2023
19 At-Grade Crossing at BART
City Council/RSA Agenda 401 Tuesday, November 14, 2023
DECOTO ROAD Pedestrian At 20 -Grade Improvements (Oakland Sub) City Council/RSA Agenda 402 Tuesday, November 14, 2023
21 “I” Street Closure (Oakland Sub) Plan View
City Council/RSA Agenda 403 Tuesday, November 14, 2023
22 “I” Street Closure (Oakland Sub) - Elevation
City Council/RSA Agenda 404 Tuesday, November 14, 2023
23 “I” Street At-Grade Crossing (Oakland Sub) – Existing Condition City Council/RSA Agenda 405 Tuesday, November 14, 2023
24 “I” Street At-Grade Crossing (Oakland Sub) – Proposed Closure City Council/RSA Agenda 406 Tuesday, November 14, 2023
25 “I” Street At-Grade Crossing (Oakland Sub) – Existing View Looking East City Council/RSA Agenda 407 Tuesday, November 14, 2023
26 “I” Street At-Grade Crossing (Oakland Sub) – Proposed View Looking East City Council/RSA Agenda 408 Tuesday, November 14, 2023
27 City Council/RSA Agenda 409 Tuesday, November 14, 2023 28 City Council/RSA Agenda 410 Tuesday, November 14, 2023 29 INTERMODAL STATION UPDATE
BART Pedestrian At-Grade Crossing
Project Estimate and Funding Summary
Project Costs Estimated at $7.2 Million
Alameda CTC 2014 PFA Funds $ 506,000
Local Funds (MBB & RDA Bonds) $ 6,664,000
$ 7,170,000
Current Funding Opportunities
RM3/Dumbarton Corridor Funds Request $ 3,000,000
Safe Routes to BART Request $ 3,000,000
BPAC Letters of Support (LOS) for these Funding Opportunities City Council/RSA Agenda 411 Tuesday, November 14, 2023
30 INTERMODAL STATION UPDATE
BART Pedestrian At-Grade Crossing
QUESTIONS?
City Council/RSA Agenda 412 Tuesday, November 14, 2023
Agenda Item
DATE: 11/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JENNIFER PHAN, DEPUTY CITY MANAGER
SUBJECT: DESIGNATING THE VOTING DELEGATE AND ALTERNATE
DELEGATE(S) FOR THE NATIONAL LEAGUE OF CITIES – CITY
SUMMIT 2023 ON NOVEMBER 16-18, 2023 IN ATLANTA, GA
Staff recommends the City Council approve the attached resolution designating one (1) voting delegate and up to two (2) alternate delegates for the National League of Cities – City Summit 2023 in Atlanta, GA. The Annual Business Meeting will be held on Saturday, November 18.
At the October 24, 2023 City Council meeting, the City Council considered (1) whether Councilmembers should be appointed as voting and alternate delegates to the National League of Cities (NLC); and (2) whether the City Council’s Travel & Training budget should be amended to increase allocations for those who serve in a leadership capacity for either the NLC and/or the League of California Cities. From that October 24 discussion, the Council unanimously supported appointing delegates to NLC. The City Council referred the evaluation of the Travel & Training budget to the Legislative and Policy Committee. The discussion on Travel & Training budget will return to the Councilat a future date for further consideration.
STRATEGIC PLAN ALIGNMENT
This agenda item is not identified in the City Council Strategic Plan nor is it directly correlated to a specific priority or goal.
BACKGROUND
The National League of Cities (NLC) is an organization dedicated to advancing public interest, building democracy and community, and improving quality of life by strengthening the capacity of local governments and advocating for the interests of local communities. Local government officials work together through the National League of Cities and their state municipal leagues to express and advocate for their common interests and views as responsible partners in the federal system of governance.
City Council/RSA Agenda 413 Tuesday, November 14, 2023
The NLC City Summit held in November of each year is a consortium of local elected officials, municipal leaders, experts, and industry leaders gathering to share expertise and exchange knowledge with one another.
During this conference, the NLC’s Annual Business Meeting is also held. At the annual meeting, members elect directors and officers, receive reports on activities of the association, and adopt national municipal policies and the NLC’s federaladvocacy agenda for the upcoming year that is based on policy recommendations.
The NLC’s bylaws stipulate that each member city shall designate one (1) voting delegate and may designate up to two (2) alternate voting delegates to vote on the city’s behalf. These voting delegates are then entitled to a certain number of votes based upon their city’s population size (i.e., 50,000-99,000 is entitled to 2 votes).
DISCUSSION
The NLC City Summit 2023 is scheduled for November 16-18, 2023. The Annual Business Meeting is held on the last day of the conference, and as a member city, the City of Union City is entitled to be represented by one (1) voting delegate. Each city may also appoint up to two (2) alternate voting delegates, who may vote in the event that the designated voting delegate is unable to serve in that capacity. The slate and packet for the Annual Business Meeting is anticipated to be released to conference attendees at 5:00 PM the Friday before the Annual Business Meeting.
FISCAL IMPACT
There is no fiscal impact associated with the requested action.
The designated voting delegate(s) must attend in-person in order to cast votes on behalf of the City of Union City and are expected to use their respective Travel & Training budget allocation to do so. Any travelexpenses borne out of fulfilling these duties as the designated voting delegate(s) are eligible for reimbursement as provided in the Policy Governing Expenses of the City Council. Those “who incur expenses greater than the maximum permitted by this policy shall be responsible for the excess expenses …”
RECOMMENDATION
Staff recommends the City Council approve the attached resolution designating one (1) voting delegate and up to two (2) alternate delegates for the National League of Cities – City Summit 2023 in Atlanta, GA. The Annual Business Meeting will be held on Saturday, November 18.
Prepared by:
Jennifer Phan, Deputy City Manager
Submitted by:
Jennifer Phan, Deputy City Manager
ATTACHMENTS:
Description Type
Attachment 1 - Resolution Resolution
Attachment 2 - Policy Governing Expenses of the City Council Attachment City Council/RSA Agenda 414 Tuesday, November 14, 2023
RESOLUTION NO. XXXX-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
DESIGNATING THE VOTING DELEGATE AND ALTERNATE VOTING
DELEGATE(S) FOR THE NATIONAL LEAGUE OF CITIES – CITY SUMMIT 2023 ON NOVEMBER 16-18, 2023
WHEREAS, the National League of Cities (“NLC”) holds an Annual Business Meeting where members elect directors and officers, receive reports on activities of the association, and adopt national municipal policies/the NLC’s federal advocacy agenda for the upcoming year based on policy recommendations; and
WHEREAS, the NLC’s bylaws stipulate that every city wishing to vote at the NLC’s Annual Business Meeting shall designate one (1) voting delegate and may designate up to two (2) alternate voting delegates; and
WHEREAS, the City Council of the City of Union City intends the City be duly represented at said Annual Business Meeting, which is to be held in conjunction with the NLC’s City Summit 2023 in Atlanta, GA on November 16-18, 2023.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Union City does hereby designate as its Voting Delegate and
and as its Alternate Voting Delegates to the National League of Cities – City Summit 2023 in Atlanta, Georgia on November 16-18, 2023.
PASSED AND ADOPTED by the City Council of the City of Union City at a regular meeting duly held on the 14th day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
JENNIFER PHAN KRISTOPHER J. KOKOTAYLO
Acting City Clerk City Attorney
City Council/RSA Agenda 415 Tuesday, November 14, 2023
CITY COUNCIL POLICY: Resolution No. 5579-20
Adopted: March 24, 2020
SUBJECT: Policy Governing Expenses of the City Council
I. PURPOSE
a. City Councilmembers must incur miscellaneous expenses in fulfilling the responsibilities of an elected official. This policy establishes the guidelines and standards regarding miscellaneous expenditures incurred by members of the City Council for all travel, education, training, communications, and all out-of-pocket expenses. b. Out-of-pocket expenses incurred by a Councilmember in the performance of their official duties as a representative of the City are eligible for reimbursement as provided in this policy.
II. AUTHORIZED EXPENSES.
a. City funds, equipment, supplies including letterhead, titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
1. Communicating with representatives of regional, state and national government on City adopted policy positions;
2. Attending educational seminars designed to improve officials' skill and information levels;
3. Participating in regional, state and national organizations whose activities affect the City's interests; and
4. Attending City events.
All other expenditures require prior approval by the City Council. In addition, expenses for international travel requires prior City Council approval. b. State law prohibits personal use of public resources. Examples of personal expenses that the City will not reimburse include, but are not limited to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanying official on agencyrelated business, as well as children- or pet-related expenses; City Council/RSA Agenda 416 Tuesday, November 14, 2023
4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events;
5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and
6. Personal losses incurred while on City business.
Expenses for which City Councilmembers receive reimbursement from another agency are not reimbursable under this Policy. Any questions regarding the propriety of a particular type of expense should be resolved by the City Manager before the expense is incurred.
III. BUDGET.
a. The Council shall establish a budget for expenses for the Mayor and Councilmembers through the annual or biennial budget process. These amounts may be adjusted from time to time by the City Council.
b. Councilmembers who incur expenses greater than the maximum permitted by this policy shall be responsible for the excess expenses unless otherwise approved by the City Council.
IV. COST CONTROL.
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines.
a. Transportation. The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Government and group rates must be used when available.
1. Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Receipts are required for payment or reimbursement of airfare.
2. Automobile. Automobile mileage is reimbursed at the Internal Revenue Service rate in effect at the time of travel. The reimbursement rate is designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable.
3. Car Rental. Car rental rates that are equal or less than those available through the State of California's website (http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy.
Receipts are required for payment or reimbursement of car rental expenses.
City Council/RSA Agenda 417 Tuesday, November 14, 2023
4. Taxis/Shuttles. Taxis, shuttles, or rideshare trips (such as Lyft/Uber) fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
b. Lodging. Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Receipts are required for payment or reimbursement of lodging expenses.
1. Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.
2. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.
If lodging rates exceed the government rate for the area, actual lodging costs may be reimbursed conditioned upon performance of a good faith effort evidenced by documentation (e.g., internet search or phone calls) that demonstrate an attempt to find median-priced lodging.
c. Meals. Meal expenses and associated gratuities will be reimbursed up to the regular federal M&IE per diem rate established for Oakland, California, in effect at the time the meal expenses are incurred. The regular federal M&IE per diem rate for Oakland at the time of the adoption of this policy allocated by meal is as follows:
1. Breakfast: $16
2. Lunch: $17
3. Dinner: $28
4. Incidental Expenses: $5
5. Total: 66
The City will not pay for alcohol/personal bar expenses or for meal expenses for third parties. d. Airport Parking. Long-term parking must be used for travel exceeding 24 hours. Receipts are required for payment or reimbursement of parking expenses.
V. CASH ADVANCES.
a. From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such City Council/RSA Agenda 418 Tuesday, November 14, 2023
request for an advance should be submitted to the City Manager ten (10) days prior to the need for the advance with the following information:
1. The purpose of the expenditure(s);
2. The benefits of such expenditure to the residents of the City;
3. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and
5. The dates of the expenditure(s).
b. Any unused advance must be returned to the City within seven (7) days of the official's return, along with a City expense report and receipts documenting how the advance was used in compliance with this expense policy.
c. In the event the City Manager is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Council.
VI. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE.
All cash advance expenditures expense reimbursement requests must be submitted on an expense report form provided by the City. Councilmembers must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. Expenses for which no receipt is provided shall not be eligible for reimbursement. At the request of the City Manager, a Councilmember shall submit additional information explaining how the incurred expense complied with this policy.
VII. ELECTRONIC EQUIPMENT
a. Computers. Councilmembers are required to have certain types of office equipment to discharge their functions and communicate with staff. Accordingly, Councilmembers will be provided with a laptop, tablet, or similar device to assist with carrying out their duties.
Councilmembers will also be provided with reasonable IT support to ensure the security and functionality of the device.
b. Cell Phone. As a representative of the City, the Mayor communicates frequently with constituents, community groups and other regional leaders. To facilitate this communication on behalf of the City, the Mayor shall be provided a cellular telephone. c. Requirements. The City’s IT Manager will be responsible for selecting the equipment to be provided to Councilmembers pursuant to this section. Any electronic equipment provided to a Councilmember shall be used exclusively for City business reasonable necessary to discharge the duties of office and shall be immediately returned to the City upon the Councilmembers leaving office
VIII. AUDITS OF EXPENSE REPORTS.
All expenses are subject to verification that they comply with this policy.
City Council/RSA Agenda 419 Tuesday, November 14, 2023
IX. REPORTS TO CITY COUNCIL.
At the following City Council meeting, each official shall briefly report orally or in writing on meetings attended at Council expense. If multiple officials attended, a joint report may be made.
X. COMPLIANCE WITH LAWS.
City Councilmembers should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act.
XI. VIOLATION OF THIS POLICY.
Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: (a) loss of reimbursement privileges; (b) a demand for restitution to the City; (c) the City's reporting the expenses as income to the elected official to state and federal tax authorities; (d) civil penalties of up to $1,000 per day and three times the value of the resources used; and (e) prosecution for misuse of public resources.
City Council/RSA Agenda 420 Tuesday, November 14, 2023