AGENDA
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH,Councilmember (District 1)
JAMIE PATIÑO,Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, February 27, 2024
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
1.a. Pledge of Allegiance
1.b. Roll Call
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS - None
4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Chair may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.
Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a City Council/RSA Agenda 1 Tuesday, February 27, 2024
mailing address. Neither a speaker card or identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.
5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Approve The Minutes Of The City Council Meeting Held On December 12, 2023
5.c. Adopt Two Resolutions Of The City Council Of The City Of Union City Updating Adopted Resolutions No. 6138-23 And 6250-24 Regarding The City's Homekey Application And
Implementation Of The "Project Reclamation - Alameda County Scattered Sites Project" Per Direction From The State
Department Of Housing And Community Development
5.d. Adopt A Resolution Accepting The Completion Of The 2023- 2024 Citywide Street Pavement Rehabilitation Project, City Project No. 23-01
5.e. Adopt A Resolution Authorizing The Award Of A Construction Contract To Bay Cities Paving & Grading, Inc., In The Amount Of $17,049,000, And Approving A Total Construction Budget In The Amount Of $21,222,750; Approving Two Budget Transfers, One In The Amount Of $25,742 From The Measure B Bike &
Ped Fund (Fund 2543) And Another In The Amount Of
$1,373,974 From The Measure BB Road Fund (Fund 2545),
For A Total Of $1,399,716 In Budget Transfers To The Union City Boulevard Bike Lanes Project, City Project No. 17-29; And Rejecting The Bid Protest From The Ghilotti Construction Company, Inc.
5.f. Adopt A Resolution Approving A Reimbursement Payment In The Amount Of $291,676.73 To The Alameda County Water
District Pursuant To The Cooperative Agreement For Cost Sharing For Pavement Work For The Alvarado-Niles Pipeline Seismic Improvement Project (ACWD Job 21192), And
Approving An Appropriation, In The Amount Of $291,676.73 From The Allied Waste Vehicle Fee Fund Balance For Fiscal Year 2023-2024 To The Smith Street Restoration Project, City Project No. 24-05
5.g. Adopt A Resolution Authorizing A Legal Services Agreement With Redwood Public Law, LLP For Kristopher Kokotaylo To Continue Serving As City Attorney
City Council/RSA Agenda 2 Tuesday, February 27, 2024
5.h. Adopt A Resolution Approving And Authorizing The City Manager To Execute A Side Letter Agreement Between The
City Of Union City And The Management Employee Group
(MEG) To Allow For A Pilot Program On Alternative Work
Schedules (AWS)
6. PUBLIC HEARINGS
6.a. Public Hearing And Adopt A Resolution Approving
Administrative Site Development Review (ASD-23-023) And Use Permit (UP-23-008) For A New Enclosed Wireless Facility On Top Of The Avalon Union City Apartments, Located At 24 Union Square (APN 87-19-1-25), And To Increase The Height Of The Building From 79 To 86 Feet
7. CITY MANAGER REPORTS
7.a. Receive Report On Potential Public Safety Parcel Tax And Utility Users’ Tax Revenue Measures For The November 2024 Election And Provide Policy Direction
7.b. Waive Further Reading And Adopt An Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers”
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. ITEMS REFERRED BY COUNCIL
12. GOOD OF THE ORDER
13. CLOSED SESSION
13.a. Conference with Labor Negotiators (Pursuant to
Government Code Section 54957.6) Agency Designated
Representatives: Kristopher J. Kokotaylo, City Attorney; Mayor Dutra-Vernaci Unrepresented Employee: City
Manager
14. ADJOURNMENT
MEETING INFORMATION
Unless otherwise provided, the City Council's regular meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 AlvaradoNiles Road, Union City CA 94587. The City continues to offer an opportunity to observe Council meetings via Zoom at: https://unioncity-org.zoom.us/j/81719037355 Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
City Council/RSA Agenda 3 Tuesday, February 27, 2024
https://unioncity.org/199/City-Meetings-Video
Members of the public will not have the ability to provide comment via Zoom except under limited circumstances specified below. The ability to observe remotely as identified above is predicated on the technology being available and functioning without technical difficulties. Should the remote platform(s) not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that makes the platform(s) unavailable, the City Council will proceed with the items of business in person unless otherwise prohibited by law.
Any writings or documents provided to a majority of City Council members relating to each item of business referred to on this agenda are available for review on the City's website at www.unioncity.org or during regular business hours in the Office of the City Clerk located at 34009 Alvarado-Niles Road, Union City CA 94587.
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (510) 675-5448. Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impair.
ADDRESSING THE CITY COUNCIL
In Person Public Comment: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Members who wish to speak are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card nor identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.
Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments will be e-mailed to the City Council and made publicly available.
Public Comment via Zoom: As indicated above, the public cannot address the Council via Zoom unless the City is required to provide such opportunity pursuant to AB 2449. In the event that members of the public are allow to participate via Zoom pursuant to AB 2449, the Mayor will make an announcement at the beginning of the meeting. Raise your virtual hand to notify the host that you would like to speak during the item that you wish to speak on.
CITY COUNCIL NORMS AND GUIDELINES (Resolution No. 6129-23; Adopted May 23, 2023) City Council/RSA Agenda 4 Tuesday, February 27, 2024
The City Council of the City of Union City comply with the following norms:
1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.
2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.
3. We recognize that matters of confidential nature are to be kept private and undisclosed.
4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.
5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council's direction.
6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.
7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.
8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.
9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.
10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.
11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.
May these Council Norms be administered and enforced in the following manner:
1. Councilmembers have the primary responsibility to assure that ethical standards are understood and City Council/RSA Agenda 5 Tuesday, February 27, 2024
met by the Council, and that the public can continue to have full confidence in the integrity of government.
2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.
3. The City Council can review and revise the Council Norms as needed.
4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.
CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.
City Council/RSA Agenda 6 Tuesday, February 27, 2024
Agenda Item
ATTACHMENTS:
Description Type
Draft Minutes 12122023 Attachment
Desk Item5.b. Corrected Draft Minutes 12122023 Attachment City Council/RSA Agenda 7 Tuesday, February 27, 2024
DRAFT MINUTES
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, December 12, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
1.a. Pledge of Allegiance led by Mayor Carol Dutra-Vernaci at 7:00 p.m.
1.b. Roll Call
Present: Councilmembers Patiño, Sakakihara, Wang,
Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: None
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Appointment of Vice Mayor
It was moved by Mayor Dutra-Vernaci and seconded by Councilmember Sakakihara to appoint Councilmember Sakakihara as Vice Mayor.
The motion was carried by the following roll call vote:
AYES: Councilmember Sakakihara and Mayor Dutra-Vernaci
NOES: Councilmembers Patiño, Wang, and Vice Mayor Singh ABSTAIN: None
ABSENT: None
City Council/RSA Agenda 8 Tuesday, February 27, 2024
It was moved by Councilmember Patiño and seconded by Vice Mayor Singh to appoint Councilmember Wang as Vice Mayor.
The motion was carried by the following roll call vote:
AYES: Councilmembers Patiño, Wang, and Vice Mayor Singh NOES: Councilmember Sakakihara and Mayor Dutra-Vernaci
ABSTAIN: None
ABSENT: None
Councilmember Wang has been appointed Vice Mayor.
3.b. Council Assignments To Various Boards And Commissions Mayor Dutra-Vernaci pulled this item to be considered at the next City Council meeting on January 9, 2024.
4. ORAL COMMUNICATIONS
Public Comment Given By:
Arshad Ali Victor Daniel Lopez Pulido
Saba Ali Elwood McCoy
Herb Chiu Shamsa Rafay
Wendy Huang Craig Roberts
Rafay Khawaja Khaled Saad
Raymond Lim Kashif Wasim
5. CONSENT CALENDAR
It was moved by Councilmember Patiño and seconded by Vice Mayor Singh to adopt consent calendar items 5.a. through 5.h.
The motion was carried by a unanimous roll call vote.
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang and Mayor Dutra-Vernaci
NOES: None
ABSTAIN: None
ABSENT: None
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Adopted Resolution No. 6235-23 Authorizing The City Manager To Execute The Fourth Amendment To The Consulting Services Agreement With William R.
Gray And Company, Inc., DBA Gray-Bowen-Scott, In The Amount Of $360,000, A Total Not-To-Exceed Amount Of $904,000, For The Progress Reporting And Reimbursement Processing For Alameda County Transportation Commission (Alameda CTC)-Funded Projects
City Council/RSA Agenda 9 Tuesday, February 27, 2024
5.c. Adopted Resolution No. 6236-23 Authorizing The City Manager To Execute The Second Amendment To The Consulting Services Agreement With Park Engineering, In The Amount of $100,000, For Encroachment Permit Inspection Services, For A Total Not-To-Exceed Amount Of $274,000
5.d. Adopted Resolution No. 6237-23 Authorizing The City Manager To Execute The Second Amendment To The Consulting Services Agreement With Urban Planning Partners, In A Form Approved By The City Attorney, To Increase The Agreement Amount By $300,000, For A Total Not To Exceed Amount Of $800,000, For Planning Division Support, And To Extend The Agreement To January 8, 2026
5.e. Adopted Resolution No. 6238-23 Authorizing The City Manager To Execute The Seventh Amendment To The Consulting Services Agreement With 4Leaf, Inc., In A Form Approved By The City Attorney, To Increase The Agreement Amount By $600,000, For A Not To Exceed Amount Of $2,500,000, For Building Division Support
5.f. Adopted Resolution No. 6239-23 Approving An Amendment To Update The Class Specification For The Classification Of Recreation Supervisor
5.g. Adopted Resolution No. 6240-23 Receiving And Accepting The Audited Financial Statements Of The Measure B Fund, The Measure BB Fund, The Measure F Fund, And The TDA Fund For The Fiscal Year Ended June 30, 2022
5.h. Adopted Resolution No. 6241-23 Appointing Subru Bhat To The Alameda County Mosquito Abatement District Board Of Trustees For A Two-Year Term Expiring January 1, 2026
6. PUBLIC HEARINGS - None
7. CITY MANAGER REPORTS
7.a. Consider And Provide Direction Regarding Potential New Commercial Cannabis Application Process
Vice Mayor Wang announced he had a conflict of interest in Item 7.a, related to the consideration of direction for the process for a potential Commercial Cannabis Permit, stating that while he recognizes cannabis is legal under California Law, he has personal objection to cannabis cannot act impartially in this matter.
Vice Mayor Wang recused himself and exited the Council Chambers.
City Manager Joan Malloy presented a report on the potential new Commercial Cannabis Application Process.
Public comment given by Elwood McCoy.
City Manager Malloy and Deputy City Manager Jennifer Phan responded to questions from Councilmembers.
Councilmembers provided comment.
City Council/RSA Agenda 10 Tuesday, February 27, 2024
It was moved by Councilmember Sakakihara and seconded by Councilmember Patiño to proceed with the policy direction of developing the administrative procedure to allow a new permit and return to City Council on January 9, 2024 with an alternative process, as presented in the staff report.
The motion was carried by the following roll call vote:
AYES: Councilmembers Patiño, Sakakihara, and Mayor Dutra-Vernaci NOES: Councilmember Singh
ABSTAIN: None
ABSENT: Vice Mayor Wang
Vice Mayor Wang returned to the dais.
7.b. Adopt A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding (MOU) With The San Joaquin Regional Rail Commission (SJRRC) Regarding The Process, Roles And Responsibilities For The Union City Intermodal Station, Phase 3/Intercity Rail Station Project, City Project No. 23-14
Public Works Director Marilou Ayupan presented a report on the Intermodal Station, Phase 3/Intercity Rail Station Project, City Project No. 23-14.
It was moved by Councilmember Singh and seconded by Councilmember Sakakihara to Adopt Resolution No. 6242-23 Authorizing The City Manager To Execute A Memorandum Of Understanding (MOU) With The San Joaquin Regional Rail Commission (SJRRC) Regarding The Process, Roles And Responsibilities For The Union City Intermodal Station, Phase 3/Intercity Rail Station Project, City Project No. 23-14 The motion was carried by a unanimous roll call vote.
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang and Mayor Dutra-Vernaci
NOES: None
ABSTAIN: None
ABSENT: None
7.c. Economic Development Update
Economic Development Manager Gloria Ortega presented a report on the Economic Development Update.
City Manager Malloy and Economic Development Manager Ortega responded to questions from Councilmembers.
Councilmembers provided comment.
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None
9. AUTHORITIES AND AGENCIES – None
City Council/RSA Agenda 11 Tuesday, February 27, 2024
10. CITY COMMISSION / COMMITTEE REPORTS – None
11. ITEMS REFERRED BY COUNCIL
Councilmember Patiño reported on his attendance of a League of California Cities (LOCC) Board of Directors meeting.
Councilmember Sakakihara reported on his attendance of Housing Authority of the County of Alameda (HACA) and New Haven Unified School District (NHUSD) Joint Sub-Committee meetings.
Councilmember Singh reported on his attendance of a Human Relations Commission (HRC) meeting.
Vice Mayor Wang reported on his attendance of a New Haven Unified School District (NHUSD) Joint Sub-Committee meeting.
Mayor Dutra-Vernaci reported on her attendance of Metropolitan Transportation Commission (MTC) and Alameda County Transportation Commission (ACTC) meetings.
12. GOOD OF THE ORDER
Councilmember Patiño reported on his attendance of the City of Union City Employee Recognition Luncheon and League of California Cities (LOCC) East Bay Division Holiday Reception.
Councilmember Sakakihara reported on his attendance of the City of Union City Employee Recognition Luncheon, Inflation Reduction Act Workshop, and Alameda County Supervisor Elisa Marquez District 2 Holiday Event.
City Manager Malloy responded to Councilmember Singh’s request for an update on a transient individual reported near Union City Post Office.
Vice Mayor Wang reported on his attendance of the Union City Station District Open House and City of Union City Employee Recognition Luncheon.
Mayor Dutra-Vernaci reported on her attendance of a meeting with Alameda County District Attorney Pamela Price and City Manager Malloy.
13. CLOSED SESSION - None
14. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:02 p.m.
Respectfully submitted,
Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 12 Tuesday, February 27, 2024
DRAFT MINUTES (CORRECTED)
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, December 12, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
1.a. Pledge of Allegiance led by Mayor Carol Dutra-Vernaci at 7:00 p.m.
1.b. Roll Call
Present: Councilmembers Patiño, Sakakihara, Wang,
Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: None
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Appointment of Vice Mayor
It was moved by Mayor Dutra-Vernaci and seconded by Councilmember Sakakihara to appoint Councilmember Sakakihara as Vice Mayor.
The motion was carried by the following roll call vote:
AYES: Councilmember Sakakihara and Mayor Dutra-Vernaci
NOES: Councilmembers Patiño, Wang, and Vice Mayor Singh ABSTAIN: None
ABSENT: None
Desk Item 5.b.
City Council Meeting
2/27/2024
City Council/RSA Agenda 13 Tuesday, February 27, 2024
It was moved by Councilmember Patiño and seconded by Vice Mayor Singh to appoint Councilmember Wang as Vice Mayor.
The motion was carried by the following roll call vote:
AYES: Councilmembers Patiño, Sakakihara, Wang, and
Vice Mayor Singh
NOES: Mayor Dutra-Vernaci
ABSTAIN: None
ABSENT: None
Councilmember Wang has been appointed Vice Mayor.
3.b. Council Assignments To Various Boards And Commissions Mayor Dutra-Vernaci pulled this item to be considered at the next City Council meeting on January 9, 2024.
4. ORAL COMMUNICATIONS
Public Comment Given By:
Arshad Ali Victor Daniel Lopez Pulido
Saba Ali Elwood McCoy
Herb Chiu Shamsa Rafay
Wendy Huang Craig Roberts
Rafay Khawaja Khaled Saad
Raymond Lim Kashif Wasim
5. CONSENT CALENDAR
It was moved by Councilmember Patiño and seconded by Vice Mayor Singh to adopt consent calendar items 5.a. through 5.h.
The motion was carried by a unanimous roll call vote.
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSTAIN: None
ABSENT: None
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Adopted Resolution No. 6235-23 Authorizing The City Manager To Execute The Fourth Amendment To The Consulting Services Agreement With William R.
Gray And Company, Inc., DBA Gray-Bowen-Scott, In The Amount Of $360,000, A Total Not-To-Exceed Amount Of $904,000, For The Progress Reporting And City Council/RSA Agenda 14 Tuesday, February 27, 2024
Reimbursement Processing For Alameda County Transportation Commission (Alameda CTC)-Funded Projects
5.c. Adopted Resolution No. 6236-23 Authorizing The City Manager To Execute The Second Amendment To The Consulting Services Agreement With Park Engineering, In The Amount of $100,000, For Encroachment Permit Inspection Services, For A Total Not-To-Exceed Amount Of $274,000
5.d. Adopted Resolution No. 6237-23 Authorizing The City Manager To Execute The Second Amendment To The Consulting Services Agreement With Urban Planning Partners, In A Form Approved By The City Attorney, To Increase The Agreement Amount By $300,000, For A Total Not To Exceed Amount Of $800,000, For Planning Division Support, And To Extend The Agreement To January 8, 2026
5.e. Adopted Resolution No. 6238-23 Authorizing The City Manager To Execute The Seventh Amendment To The Consulting Services Agreement With 4Leaf, Inc., In A Form Approved By The City Attorney, To Increase The Agreement Amount By $600,000, For A Not To Exceed Amount Of $2,500,000, For Building Division Support
5.f. Adopted Resolution No. 6239-23 Approving An Amendment To Update The Class Specification For The Classification Of Recreation Supervisor
5.g. Adopted Resolution No. 6240-23 Receiving And Accepting The Audited Financial Statements Of The Measure B Fund, The Measure BB Fund, The Measure F Fund, And The TDA Fund For The Fiscal Year Ended June 30, 2022
5.h. Adopted Resolution No. 6241-23 Appointing Subru Bhat To The Alameda County Mosquito Abatement District Board Of Trustees For A Two-Year Term Expiring January 1, 2026
6. PUBLIC HEARINGS - None
7. CITY MANAGER REPORTS
7.a. Consider And Provide Direction Regarding Potential New Commercial Cannabis Application Process
Vice Mayor Wang announced he had a conflict of interest in Item 7.a, related to the consideration of direction for the process for a potential Commercial Cannabis Permit, stating that while he recognizes cannabis is legal under California Law, he has personal objection to cannabis cannot act impartially in this matter.
Vice Mayor Wang recused himself and exited the Council Chambers.
City Manager Joan Malloy presented a report on the potential new Commercial Cannabis Application Process.
Public comment given by Elwood McCoy.
City Manager Malloy and Deputy City Manager Jennifer Phan responded to questions from Councilmembers.
City Council/RSA Agenda 15 Tuesday, February 27, 2024
Councilmembers provided comment.
It was moved by Councilmember Sakakihara and seconded by Councilmember Patiño to proceed with the policy direction of developing the administrative procedure to allow a new permit and return to City Council on January 9, 2024 with an alternative process, as presented in the staff report.
The motion was carried by the following roll call vote:
AYES: Councilmembers Patiño, Sakakihara, and Mayor Dutra-Vernaci NOES: Councilmember Singh
ABSTAIN: None
ABSENT: None
RECUSED: Vice Mayor Wang
Vice Mayor Wang returned to the dais.
7.b. Adopt A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding (MOU) With The San Joaquin Regional Rail Commission (SJRRC) Regarding The Process, Roles And Responsibilities For The Union City Intermodal Station, Phase 3/Intercity Rail Station Project, City Project No. 23-14
Public Works Director Marilou Ayupan presented a report on the Intermodal Station, Phase 3/Intercity Rail Station Project, City Project No. 23-14.
It was moved by Councilmember Singh and seconded by Councilmember Sakakihara to Adopt Resolution No. 6242-23 Authorizing The City Manager To Execute A Memorandum Of Understanding (MOU) With The San Joaquin Regional Rail Commission (SJRRC) Regarding The Process, Roles And Responsibilities For The Union City Intermodal Station, Phase 3/Intercity Rail Station Project, City Project No. 23-14
The motion was carried by a unanimous roll call vote.
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSTAIN: None
ABSENT: None
7.c. Economic Development Update
Economic Development Manager Gloria Ortega presented a report on the Economic Development Update.
City Manager Malloy and Economic Development Manager Ortega responded to questions from Councilmembers.
Councilmembers provided comment.
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None
City Council/RSA Agenda 16 Tuesday, February 27, 2024
9. AUTHORITIES AND AGENCIES – None
10. CITY COMMISSION / COMMITTEE REPORTS – None
11. ITEMS REFERRED BY COUNCIL
Councilmember Patiño reported on his attendance of a League of California Cities (LOCC) Board of Directors meeting.
Councilmember Sakakihara reported on his attendance of Housing Authority of the County of Alameda (HACA) and New Haven Unified School District (NHUSD) Joint Sub-Committee meetings.
Councilmember Singh reported on his attendance of a Human Relations Commission (HRC) meeting.
Vice Mayor Wang reported on his attendance of a New Haven Unified School District (NHUSD) Joint Sub-Committee meeting.
Mayor Dutra-Vernaci reported on her attendance of Metropolitan Transportation Commission (MTC) and Alameda County Transportation Commission (ACTC) meetings.
12. GOOD OF THE ORDER
Councilmember Patiño reported on his attendance of the City of Union City Employee Recognition Luncheon and League of California Cities (LOCC) East Bay Division Holiday Reception.
Councilmember Sakakihara reported on his attendance of the City of Union City Employee Recognition Luncheon, Inflation Reduction Act Workshop, and Alameda County Supervisor Elisa Marquez District 2 Holiday Event.
City Manager Malloy responded to Councilmember Singh’s request for an update on a transient individual reported near Union City Post Office.
Vice Mayor Wang reported on his attendance of the Union City Station District Open House and City of Union City Employee Recognition Luncheon.
Mayor Dutra-Vernaci reported on her attendance of a meeting with Alameda County District Attorney Pamela Price and City Manager Malloy.
13. CLOSED SESSION - None
14. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:02 p.m.
Respectfully submitted,
Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 17 Tuesday, February 27, 2024
Agenda Item
DATE: 2/27/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: ADOPT TWO RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF UNION CITY UPDATING ADOPTED RESOLUTIONS NO. 6138-23
AND 6250-24 REGARDING THE CITY'S HOMEKEY APPLICATION AND IMPLEMENTATION OF THE "PROJECT RECLAMATION - ALAMEDA
COUNTY SCATTERED SITES PROJECT" PER DIRECTION FROM THE
STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Staff recommends the City Council adopt the attached resolutions (Attachment 1 and Attachment 2) updating two prior adopted resolutions (Resolution # 6138-23 adopted June 13, 2023 and Resolution # 6250-24 adopted January 23, 2024) per direction from the State Housing & Community Development Agency ("State HCD") related to the City's State Homekey application for the "Project Reclamation - Alameda County Scattered Sites Project" ("Project"). The attached resolutions update one of the co-applicant's name from "Bay Area Community Services" ("BACS") to "Bay Area Community Services Housing Corporation" ("BACS-HC"). The update reflects that BACS-HC, a subsidiary of BACS, will be the entity purchasing the properties that will be used for the Project. The draft resolution, labeled Attachment 2, also reflects an increase in the current conditional award amount of $9,677,000 to "up to $10,000,000" to provide a cushion should the project receive additional funding. These two requested corrections will allow State HCD to complete their review of the State Homekey application.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 3: Develop a multi-departmental approach to address homelessness through coordination with staff, community organizations and Alameda County.
BACKGROUND
A joint application for Homekey Round 3 was submitted in June 2023, which included the City of Hayward, City of Union City and BACS to fund a scattered sites program, which buys and rehabilitates single-family City Council/RSA Agenda 18 Tuesday, February 27, 2024
residences or duplexes for use by people experiencing homelessness. The City of Hayward will serve as the lead applicant for the Project and will assume the primary administrative responsibilities of managing the grant in coordination with BACS-HC. The Project budget anticipates acquiring 6 homes, 1 of which will be in Union City.
Under this highly cost-effective program model, BACS-HC acquires, owns, operates, and manages small site, scattered, residential properties for low-income individuals experiencing homelessness. Each resident is paired with a Care Coordinator who helps them build independent living skills through job support, benefits assistance, mental health support, financial assistance, job support, group activities, and money management.
Residents learn skills by sharing responsibilities for cleaning, paying bills, and running their household. For more information regarding the program and application process to date, see City Council staff report dated June 13, 2023 and the City Council staff report dated January 23, 2024.
DISCUSSION
Staff is recommending the City Council adopt the two updated resolutions (Attachment 1 and 2) in order to make requested corrections from State HCD related to the City's Homekey application. As detailed above, the City Council adopted two resolutions related to the Homekey application. Resolution No. 6138-23, adopted June 13, 2023, authorizes submittal of the Homekey application. Resolution No. 6250-24, adopted on January 23, 3024, authorizes the use of approximately $550,000 in Federal HOME funds to support the Project and also authorizes the City Manager to enter into any agreements to implement the Project.
The first requested correction updates one of the co-applicant's names. BACS is utilizing its real estate arm, BACS-HC, for the property transactions and State HCD has requested that we update the resolutions to reflect this. State HCD also requested that the draft resolution, included in Attachment 2, be updated to reflect a conditional award amount up to $10,000,000. The prior adopted resolution reflected the actual award amount of $9,677,000. State HCD requested the update to provide a cushion should the final award amount be increased.
This would avoid having to come back to the City Council for additional authorization in this scenario. This update was not necessary for the resolution, labeled Attachment 1, as the initial application request was for $10,000,000 and the wording of the adopted and draft resolutions reflect this. These two requested corrections will allow State HCD to complete their review of the State Homekey application.
FISCAL IMPACT
There is no fiscal impact to the General Fund. Project costs, including capital costs for units as well as ongoing operational costs, will be covered by the Homekey Award in an amount up to $10,000,000 and a $554,354 HOME allocation as stated in the previous staff report from January 23, 2024. In addition, in partnering with the City of Hayward and BACS, the amount of staff time and resources administering the grant will be reduced as well.
RECOMMENDATION
Based on feedback from State HCD, staff recommends the City Council adopt the attached resolutions (Attachment 1 and Attachment 2) associated with the City's State Homekey application for the "Project Reclamation - Alameda County Scattered Sites Project."
City Council/RSA Agenda 19 Tuesday, February 27, 2024
Prepared by:
Francisco Gomez, Jr., Housing & Community Development Manager Submitted by:
Francisco Gomez, Jr., Housing & Community Development Manager ATTACHMENTS:
Description Type
Attachment 1 - Draft Resolution Update fromJune 13, 2023City Council Meeting
Resolution
Attachment 2 - Draft Resolution Update fromJanuary 13, 2024 City Council Meeting
Resolution
City Council/RSA Agenda 20 Tuesday, February 27, 2024
ATTACHMENT 1
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AUTHORIZING THE SUBMISSION OF A
JOINT APPLICATION TO AND PARTICIPATION IN THE
HOMEKEY PROGRAM
WHEREAS, the Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and
WHEREAS, City staff has worked in conjunction with the City of Livermore to utilize the City of Livermore’s Request for Information process that was released on August 11, 2021 which requested applications for “Projects and Properties to House People Experiencing Homelessness Through the Homekey Program” in which Bay Area Community Services Housing Corporation submitted a proposal for the Project Reclamation supportive shared housing program and was selected; and
WHEREAS, the City of Union City (“Co-Applicant”) desires to jointly apply for Homekey grant funds with the City of Hayward (the “Lead Applicant”) and Bay Area Community Services Housing Corporation (“Co-Applicant 2”). Therefore, Co-Applicant and Co-Applicant 2 are joining the Lead Applicant in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration; and WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program; and
NOW, THEREFORE, BE IT IS RESOLVED that the City Council of the City of Union City authorizes the following:
1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $10,000,000.
2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $10,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”)
City Council/RSA Agenda 21 Tuesday, February 27, 2024
XXXX-24
3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement.
Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
4. The City Manager, or his or her designee, is authorized to execute the Application and the Homekey Documents on behalf of CoApplicant for participation in the Homekey Program.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 27th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 22 Tuesday, February 27, 2024
ATTACHMENT 2
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY 1) AUTHORIZING THE USE OF FEDERAL HOME FUNDS,
ALLOCATED TO UNION CITY THROUGH THE ALAMEDA COUNTY
HOME CONSORTIUM, IN AN AMOUNT UP TO $554,354, FOR THE
IMPLEMENTATION OF THE “PROJECT RECLAMATION – ALAMEDA
COUNTY SCATTERED SITES PROJECT”, AND 2) AUTHORIZING THE
CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE AGREEMENTS
WITH BAY AREA COMMUNITY SERVICES HOUSING CORPORATION
TO ACCEPT THE HOME PROGRAM FUND ALLOCATION, TO BE
USED IN CONJUNCTION WITH THE HOMEKEY AWARD, FOR
IMPLEMENTATION OF THE SCATTERED SITES PROJECT AND ANY
NECESSARY AGREEMENTS RELATED TO THE HOME PROGRAM
ALLOCATION OR STATE HOUSING AND COMMUNITY
DEVELOPMENT HOMEKEY AWARD
WHEREAS, the Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and
WHEREAS, City staff has worked in conjunction with the City of Livermore to utilize the City of Livermore’s Request for Information process that was released on August 11, 2021 which requested applications for “Projects and Properties to House People Experiencing Homelessness Through the Homekey Program” in which Bay Area Community Services Housing Corporation (“BACS-HC”) submitted a proposal for the Project Reclamation supportive shared housing program and was selected; and WHEREAS, the City of Union City (“Co-Applicant”) submitted a joint application for Homekey grant funds with the City of Hayward (the “Lead Applicant”) and Bay Area Community Services Housing Corporation (“Co-Applicant 2"). Therefore, Co-Applicant is joining the Lead Applicant and Co-Applicant 2 in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration; and WHEREAS, the Homekey application submitted to the Department received a conditional award for Single-Family Scattered Site Housing Homekey Notice of Funding Availability from Round 3 in the amount up to $10,000,000 for the Project Reclamation – Alameda County Scattered Sites Project. The conditional award is a reservation of funds in the amount up to $10,000,000 in order to provide a cushion in funding once the final award amount is determined; and
WHEREAS, the Co-Applicant would also utilize its allocation of HOME funds in the amount of $554,354 during the purchase of properties for the Project Reclamation-Alameda Conty Scattered Sites project in order to help with acquisition costs. The funds will go towards the purchase of Union City specific properties, rehabilitation on the property, or towards operating subsidy for the property; and
City Council/RSA Agenda 23 Tuesday, February 27, 2024
XXXX-24
WHEREAS, the Co-Applicant will enter into an agreement with BACS-HC to utilize the City’s HOME funds to go towards acquisition, rehabilitation, or towards operating subsidy to help the City purchase a single-family home(s) as part of the Project Reclamation – Alameda County Scattered Sites Project; and
WHEREAS, the Co-Applicant staff will work with BACS-HC and City of Hayward to refine program goals, utilize matching funding from Alameda County HOME Consortium to help with the acquisition of properties, and submit a list of properties to State HCD with purchase agreements in place for both jurisdictions to establish evidence of site control as part of the implementation of the Homekey program; and
WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.
NOW, THEREFORE, BE IT IS RESOLVED that the City Council of the City of Union City authorizes the following:
1. Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $10,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”); and
2. Co-Applicant is hereby authorized to utilize its allocation of HOME funds in the amount up to $554,354 to go towards the purchase of properties, rehabilitation on the property, or towards operating subsidy for the property and to enter into an agreement with BACS-HC to utilize the City's HOME funds as part of the Project Reclamation-Alameda County Scattered Sites Homekey project; and
3. Co-Applicant is hereby authorized and directed to execute all documents and certifications necessary to secure a HOME agreement with Bay Area Community Services Housing Corporation to utilize federal HOME funds as part of the Project Reclamation-Alameda County Scattered Sites Project to participate in the Homekey Program in a total amount not to exceed $554,354; and
4. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof; that any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement; and
City Council/RSA Agenda 24 Tuesday, February 27, 2024
XXXX-24
5. The City Manager, or his or her designee, is authorized to execute any necessary Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program and is authorized to execute all documents and certifications necessary to execute a HOME agreement with BACS-HC on behalf of Co-Applicant to accept the HOME program fund allocation, to be used in conjunction with the Homekey award for implementation of the scattered sites program and participation in the Homekey Program.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 27th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 25 Tuesday, February 27, 2024
Agenda Item
DATE: 2/27/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPTA RESOLUTION ACCEPTING THE COMPLETION OF THE 2023-2024
CITYWIDE STREET PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 23-01
Staff recommends the City Council adopt a resolution accepting the completion of the 2023-2024 Citywide Street Pavement Rehabilitation Project, City Project No. 23-01.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
The City Council, at its regular meeting of August 8, 2023, adopted Resolution No. 6184-23, awarding the construction contract for the 2023-2024 Citywide Street Pavement Rehabilitation Project to G. Bortolotto & Company Inc., of San Carlos, California, in the amount of $2,077,831. The contractor has completed the work in accordance with the plans and specifications approved for this project and has supplied the City with all bonding requirements as specified in the contract.
DISCUSSION
The 2023-2024 Citywide Street Pavement Rehabilitation Project consisted of the following improvements:
1. Repairing failed pavement areas
2. Pavement milling
3. Repairing uplifted or damaged sidewalks, curbs & gutters
4. Installing asphalt concrete paving
City Council/RSA Agenda 26 Tuesday, February 27, 2024
5. Traffic control
6. Adjusting utility manhole covers
7. Replacing impacted pavement striping at various streets The contractor began work in early September 2023 and substantially completed the work in early December 2023.
The final cost for the project is $2,254,487.75. The final construction cost is $176,656.75 above the original contractor amount, or approximately 8% more than the original contract, due to increased quantities in pavement base failure repair, bike lane buffer striping detail, and change order work to make sidewalk and curb & gutter repairs. The figures above do not include approximately $1,400 and $5,000 that ACWD and USD, respectively, will reimburse to the City for the adjustment of their facilities as part of this work.
FISCAL IMPACT
Funding for the project was a combination of the funding shown below:
There was a total of five change orders issued during the work consisting of the following:
1. Additional removaland replacement of curbs & gutters, sidewalks, and installation of tree root barrier
2. Installadditional pavement markings
3. Additional base repair and traffic control
4. Additional removaland replacement of curbs & gutters, sidewalks
5. Additional dig-out and cross trenching
The finalconstruction cost for the project is as follows:
The overallcost of construction is $145,512 below the totalconstruction budget. There are sufficient funds available for the City Council to accept completion of this project and to authorize the release of the retention payment, in the amount of $81,324.84, to G. Bortolotto & Company Inc.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the completion of the 2023-2024 Citywide Street Pavement Rehabilitation Project, and authorize the release of the retention payment, in the amount of $81,324.84, to G. Bortolotto & Company Inc.
Prepared by:
Eddie Yu, Civil Engineer II
City Council/RSA Agenda 27 Tuesday, February 27, 2024
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - Map of Street Improvements Attachment
Draft Resolution Resolution
Exhibit A - Certificate of Completion Exhibit
Exhbit B- Notice of Completion Exhibit
City Council/RSA Agenda 28 Tuesday, February 27, 2024
2023 Citywide Street Pavement Rehabilitation Project (City Project 23-01) Slurry Seal List
Riviera Dr
Riviera Dr
Riviera Dr
Monte Carlos Ave
Monte Carlos Ave
Monte Carlos Ave
Monte Carlos Ave
Veneto Ave
Monaco Ave
Monaco Ave
Monaco Ave
Monaco Ave
Monaco Ave
Appian Way
Appian Way
Appian Way
7-Hills
Neighborhood City Hall
Decoto
Neighborhood
Kitayama
Neighborhood
Comtempo
Neighborhood
Casa Verde
Neighborhood
Courthouse
Neighborhood
City Council/RSA Agenda 29 Tuesday, February 27, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY ACCEPTING COMPLETION OF THE 2023-
2024 CITYWIDE STREET PAVEMENT REHABILITATION
PROJECT, CITY PROJECT NO. 23-01
WHEREAS, on August 8, 2023, the City Council adopted Resolution No. 6184-23, awarding a construction contract to G. Bortolotto & Company Inc., of San Carlos, California, in the amount of $2,077,831, for the 2023-2024 Citywide Street Pavement Rehabilitation Project; and
WHEREAS, the 2023-2024 Citywide Street Pavement Rehabilitation Project consisted of the following improvements:
1. Repairing failed pavement areas
2. Pavement milling
3. Repairing uplifted or damaged sidewalks, curbs & gutters
4. Installing asphalt concrete paving
5. Traffic control
6. Adjusting utility manhole covers
7. Replacing impacted pavement striping at various streets; and WHEREAS, the project was started in early September 2023 and was substantially complete in December 2023, and all final project punch-list items have been resolved with the contractor; and
WHEREAS, the final cost for the project is $2,254,487.75. The final construction cost is $176,656.75 above the original contractor amount, or approximately 8% more than the original contract, due to increased quantities in pavement base failure repair, bike lane buffer striping detail, and change order work to make sidewalk and curb & gutter repairs. The figures above do not include approximately $1,400 and $5,000, which ACWD and USD, respectively, will reimburse the City for the adjustment of their facilities as part of this work. The overall project cost came in $43,624 below the total construction budget; and
WHEREAS, the project was funded through a combination of funding shown below:
Funding
Source
FY 2022-
2023
SB-1 Fund
FY 2022-2023
Capital Projects
Fund
FY 2023-2024
Allied Waste
Fund
FY 2023-
2024
Measure F
Fund
FY 2023-2024
Measure BB
Fund
Total
Construction
Budget
Account
Number
(2515-3199-
92001-54111)
(4100-3199-
92302-54111)
(2620-3199-
92301-54111)
(2544-3199-
92301-54111)
(2545-3199-
92301-54111)
Total $808,120 $75,000 $764,236 $50,000
$516,618 +
$186,026 =
$702,644
$2,400,000
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept the improvements in the final amount of $2,254,487.75 for the 2023-24 Citywide Street Rehabilitation Project, City Project No. 23-01, as described in the Certificate of Completion, attached as Exhibit A; and
City Council/RSA Agenda 30 Tuesday, February 27, 2024
Resolution XXXX-24
BE IT FURTHER RESOLVED that the City Clerk of the City of Union City be directed to record the Notice of Completion, attached as Exhibit B, with the Office of the County Recorder of Alameda County, California; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby authorize the City to make a final retention payment in the amount of $81,324.84 to G.
Bortolotto & Company Inc. for the completion of improvements of City Project No. 23-01 in accordance with the plans and specifications on file at the Office of the Director of Public Works.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 27th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
____
THAI NAM N. PHAM KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
Attachments:
1. Exhibit A – Certificate of Completion
2. Exhibit B – Notice of Completion
City Council/RSA Agenda 31 Tuesday, February 27, 2024
CERTIFICATE OF COMPLETION
(Sec. 4005 Government Code)
TITLE: 2023-24 CITYWIDE STREET PAVEMENT REHABLITATION PROJECT; CITY PROJECT NO. 23-01
I, MARILOU AYUPAN, Public Works Director of the City of Union City, County of Alameda, State of California, do hereby certify as follows:
a. That this project, consisting of repairing failed pavement areas, pavement milling, repairing uplifted or damaged sidewalks, curbs & gutters, installing asphalt concrete paving, traffic control, adjusting utility manhole covers, and replacing impacted pavement striping at various streets; and
b. That contract agreement was approved by the City Council for the amount of $2,077,831; and c. That the adopted and approved plans and specifications have been changed in the following respects:
CCO # CONTRACT CHANGE DESCRIPTION AMOUNT
Original Contract $ 2,077,831.00
Increase in Quantities $ 76,348.95
Decrease in Quantities $ -
1 Extra Concrete Work on Royal Ann $ 30,700
2 Extra Striping Markings $ -
3 Extra Base Repair Work on Appian Way $ 11,913.60
4 Extra Concrete Work on 7th St. & Royal Ann $ 50,365.00 5 Base Repair on 349 Monaco; Mill & Fill on 203 Veneto
St $ 7,329.20
Total Construction Contract Cost to City $ 2,254,487.75 d. That the work performed has been done in accordance with such plans and specifications. e. That G. Bortolotto & Company Inc. performed the work, at a total cost of $2,254,487.75 including the above noted contract change description.
f. That the final retention amount of $81,324.84 will be released after 35 days of the project’s acceptance.
Dated: , 2024. ___________________________________
MARILOU AYUPAN, P.E.
PUBLIC WORKS DIRECTOR
City Council/RSA Agenda 32 Tuesday, February 27, 2024
[Rev. 02/23/09]
(THIS SPACE FOR RECORDER’S USE ONLY)
NOTICE OF COMPLETION
AND NOTICE OF ACCEPTANCE
General Contract or Assessment Proceedings
TITLE: 2023-24 CITYWIDE STREET PAVEMENT REHABLITAITON
PROJECT; CITY PROJECT NO. 23-01
NOTICE IS HEREBY GIVEN that I, MARILOU AYUPAN, as Public Works Director of the City of Union City, County of Alameda, California, on the 27th day of February, 2024, did file with the Department of Public Works of said City, the Certificate of Completion of the following described work, the contract for which was heretofore awarded to G. Bortolotto & Company Inc., San Carlos, CA and entered into on August 8, 2023, in accordance with the specifications for said work filed with said Department of Public Works and adopted by the Public Works Director of said City.
That said street rehabilitation work and improvements, located at various streets in Union City, were actually accepted by the Public Works Director of the City of Union City on the 27th day of February, 2024, and that the name of the surety on the Contractor's bond for labor and materials on said contract is the Everest Reinsurance Company.
That the following work has been completed: 2023-24 Citywide Street Pavement Rehabilitation Project, consisting of repairing failed pavement areas, pavement milling, repairing uplifted or damaged sidewalks, curbs & gutters, installing asphalt concrete paving, traffic control, adjusting utility manhole covers, and replacing impacted pavement striping at various streets.
Dated: , 2024. ___________________________________
MARILOU AYUPAN
PUBLIC WORKS DIRECTOR
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (GOVT. CODE 27361.6 )
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
The City of Union City
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
WHEN RECORDER MAIL TO:
The City Engineer
The City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
City Council/RSA Agenda 33 Tuesday, February 27, 2024
STATE OF CALIFORNIA )
)
COUNTY OF ALAMEDA )
MARILOU AYUPAN, being first duly sworn, deposes and says:
That she is the duly appointed Public Works Director of the City of Union City, California; that she has read the foregoing Notice of Completion and Notice of Acceptance and knows the contents thereof, and that the same is true of her own knowledge except as to the matters therein stated on her own information and belief, and as to those matters that she believes it to be true. ___________________________________
MARILOU AYUPAN
PUBLIC WORKS DIRECTOR
Subscribed and sworn to before me
this day of __________, 2024.
____________________________________________
Notary Public in and for the City of Union City,
County of Alameda, State of California
City Council/RSA Agenda 34 Tuesday, February 27, 2024
Agenda Item
DATE: 2/27/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE AWARD OF A
CONSTRUCTION CONTRACT TO BAY CITIES PAVING & GRADING,
INC., IN THE AMOUNT OF $17,049,00, AND APPROVING A TOTAL CONSTRUCTION BUDGET IN THE AMOUNT OF $21,222,750;
APPROVING TWO BUDGET TRANSFERS, ONE IN THE AMOUNT OF
$25,742 FROM THE MEASURE B BIKE & PED FUND (FUND 2543) AND ANOTHER IN THE AMOUNT OF $1,373,974 FROM THE MEASURE BB ROAD FUND (FUND 2545), FOR A TOTAL OF $1,399,716 IN BUDGET
TRANSFERS TO THE UNION CITY BOULEVARD BIKE LANES
PROJECT, CITY PROJECT NO. 17-29; AND REJECTING THE BID
PROTEST FROM THE GHILOTTI CONSTRUCTION COMPANY, INC.
Staff recommends that the City Council adopt a resolution authorizing the award of a construction contract to Bay Cities Paving & Grading, Inc., in the amount of $17,049,000, and approving a totalconstruction budget in the amount of $21,222,750; approving two budget transfers, one in the amount of $25,742 from the Measure B Bike & Ped Fund (Fund 2543), and another in the amount of $1,373,974 from the Measure BB Roads Fund (Fund 2545), for a total of $1,399,716 in budget transfers to the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and rejecting the bid protest from the Ghilotti Construction Company, Inc.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 1: Environmental Sustainability and Infrastructure - Continue the build-out of the City’s Bicycle and Pedestrian network, with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
City Council/RSA Agenda 35 Tuesday, February 27, 2024
BACKGROUND
The Alameda County Transportation Commission (Alameda CTC) administers funding programs and projects that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (VRF), 2014 Measure BB, CMA-TIP, and Transportation Fund for Clean Air Programs.
Such funding is collectively defined as, and shall be referenced herein as, the “Alameda CTC Administered Funds.”
On April 27, 2017, the Alameda CTC approved the award of an $8,800,000 grant to the Union City Boulevard Bikes Lanes Project, City Project No. 17-29. On October 9, 2017, Union City received the executed Alameda CTC Project Funding Agreement No. A17-0125 with grant funding in the amount of $8,800,000 of 2014 Measure BB, CMA TIP, TFCA (Transportation Fund for Clean Air Programs) and a required local match of $1,000,000 (Gas Tax) for the Final Design, Right of Way, and Construction Phases.
Since 2017, Union City has received other transportation funds for the Union City Boulevard Bike Lanes Projects as summarized below:
Resolution No. 5613-20 was adopted to approve the List of Projects for FY 2020-2021, in the amount of approximately $1.4 million funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations, including Union City Boulevard.
Resolution No. 5768-21 was adopted to approve the List of Projects for FY 2021-2022, in the amount of approximately $1.5 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations, including the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
Resolution No. 5951-22 was adopted to approve the List of Projects for FY 2022-2023, in the amount of approximately $1.6 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation and improvements in various locations, including Union City Boulevard Bike Lanes Project, City Project No. 17-29 Resolution No. 6123-23 was adopted to accept $604,912 in Transportation Development Act (TDA), Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission, increasing revenue projections in the Capital Projects Fund by $604,912, and appropriating $604,912 to the Capital Projects Fund for the construction of the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
Resolution No. 6152-23 was adopted to accept $1.8 million from the 2024 Comprehensive Investment Program (CIP) Grant Funds from the Alameda County Transportation Commission (Alameda CTC) for the Union City Boulevard Bike Lanes (Phase III, Complete Streets) Project, City Project No. 17- 29, increasing the revenue projections in the Capital Projects Fund (Fund 4100) by $1.8 million, appropriating $1.8 million to Project No. 17-29, earmarking $450,000 of previously approved SB-1 funds (Fund 2515) to meet the Local Match requirement and authorizing the City Manager to sign the required grant funding agreements, in a form approved by the City Attorney.
Resolution No. 6160-23 was adopted to approve a List of Projects for FY 2023-2024, in the amount of approximately $1.7 million, funded with SB-1: The Road Repair and Accountability Act of 2017 (Fund 2515), which includes, among the various projects, the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
Resolution No. 6172-23 was adopted to authorize the City Manager to execute a Consulting Services City Council/RSA Agenda 36 Tuesday, February 27, 2024
Agreement with Park Engineering, Inc., of Emeryville, CA, in the amount of $2,000,000, for the construction management services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
This Union City Boulevard Bike Lanes Project willcomplete the bike lane gap along Union City Boulevard by providing continuous bike facilities from Alameda County Flood Control Channel (Fremont) to Smith Street for over two miles and will serve as the San Francisco Bay Trail in Union City. The improvements will also include the rehabilitation of the roadway within the project limits. The bike lane project has been enhanced and improved to incorporate input from Bicycle and Pedestrian Advisory Committee (BPAC) members, bicycle advocates and other community members. These improvements now consist of the following:
Implement “Complete Streets” designs at intersections, including traffic signal modifications.
Upgrade Class II to Class II buffer bike lanes.
Provide a new Class I bikeway west of UCB from Lowry Road to Rocklin Drive to Delaine Eastin School and the east of UCB with a dedicated right-turn lane to improve student drop-off and access to the school.
Significantly enhance street lighting (for all modes)
Improve roadway drainage to reduce flooding.
The Engineer's Estimate for the construction phase is $16,445,890.
DISCUSSION
On November 21, 2023, the plans and specifications for the project were released and advertised for “Notice to Bid” (Attachment 1) followed by the issuance of Addendum No.1, dated December 20, 2023, Addendum No.2, dated January 12, 2024, and Addendum No.3, dated January 23, 2024.
On December 5, 2023, Park Engineering, the City’s construction management consultant, held a Pre-Bid Meeting for the interested bidders at Mark Green Sports Center to encourage potential bidders to visit the project site and to inquire about construction activities before bid opening.
On January 31, 2024, the City of Union City received seven (7) bids, and all bids were opened on the same day as noted in Exhibit A and Exhibit B. The lowest responsive and responsible bid submitted was $17,049,000, by Bay Cities Paving & Grading, Inc. (BCPG), of Concord, California.
On February 5, 2024, Ghilotti Construction Company, Inc. (GCC), the second lowest bidder (in the amount of $17,260,159), submitted a protest letter requesting the City to consider BCPG’s low bid as non-responsive and refrain from awarding the contract to them (see Attachment 2). GCC’s protest points out that the low bid failed to include the DIR registration numbers of the subcontractors in its bid, as required by Public Contract Code Section 4104. The following day, Marlo Manqueros, Vice President for BCPG, submitted a response to the bid protest (see Attachment 3).
When a prime contractor violates a requirement of Public Contract Code section 4100 et seq., Public Contract Code section 4111 provides that “the awarding authority may exercise the option, in its own discretion” to cancel the contract. The California State Attorney General has advised that Section 4111 is permissive, and awarding agencies may use their discretion to choose not to cancel the contract of a prime contractor violating Section 4104, and instead accept the bid.
The City has verified that all of the subcontractors listed on the low bid proposal were registered with DIR at the time the bid was submitted. Therefore, BCPG’s failure to list the DIR registration numbers had no substantive impact. Consequently, City staff is recommending that the City Councilexercise its own discretion City Council/RSA Agenda 37 Tuesday, February 27, 2024
to not disqualify Bay Cities Paving & Grading, Inc. This ensures that the project is completed at the lowest cost to the City and its residents.
The low bid, in the amount of $17,049,00, though 3.6% higher than the Engineers Estimate of $16,455,890, is deemed very competitive because all the bids received were within a 5% to 10% threshold of the Engineer's Estimate and five of the seven bids were within the $17,000,000 range. The lowest bid is approximately 2% less than the bids from the second and third lowest bidders.
For major roadway construction projects, the standard practice is to allocate a 10% construction contingency to address any unforeseen conditions that may require additional construction activities to ensure a successful project. Also, 2.5% of the project contingency is recommended to be set aside for a project consisting of complex construction phases such as this one. The total budget for the Construction Phase is as follows:
Construction Contract $17,049,000
Construction Contingency (10%) $1,704,900
Construction Management $2,000,000
Project Contingency (2.5%) $468,850
Total Construction Cost $ 21,222,750
Union City has not had a major roadway construction project for the past several years (due to staff shortage, the 2019 cyberattack, and the COVID-19 pandemic) and BCPG has not performed construction work in the City within the last five (5) years. Reference checks found their most recent work to be satisfactory. The Public Works Department therefore recommends the award of the construction contract to Bay Cities Paving & Grading, Inc.
FISCAL IMPACT
The totalconstruction cost is $21,222,750, yet the current approved budget for the Union City Boulevard Bike Lanes Project, City Project No. 17-29 is $19,823,034. To fill the budget shortfall of $1,399,716 and allow the project to proceed to construction, staff recommends transferring $25,742 from Measure B Bike & Ped (2543- 3199-99999-54111) for the Alvarado-Niles Road Multimodal Corridor Study and $1,373,974 from Measure BB Roads (2545-3199-99999-54111) for Dyer Street Resurfacing, Phase 2 project, totaling $1,399,716.
The project budgets identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 to 2027-2028 for the Alvarado-Niles Multimodal Corridor Study, (CIP No. K) is $405,000, and for Dyer Street Resurfacing, Phase 2 (CIP No. 24) is $1,373,974, which includes an additional $173,974 from a budget transfer for a recently completed project. The remaining balance for the Alvarado-Niles Multimodal Corridor Study is $379,258, which is sufficient budget to initiate the study. The construction of the Dyer Street Resurfacing, Phase 2 project should not start until the completion of the Union City Boulevard Bikes Lanes Project in late 2025. This project will then be included in the next Five -Year CIP for FY 2025-2026 to FY 2028-2029.
The totalconstruction cost of $21,222,750 will be funded as shown in the table below:
Fund Source
FY2023-2024
Account Number Total
Gas Tax (2510-3199-91729-54111) $228,528
SB-1 Roads (2515-3199-91729-54111) $5,299,887
SB-1 Roads (2515-3199-91729-54110) $650,000
Measure B Roads (2542-3199-91729-54111) $163,799
City Council/RSA Agenda 38 Tuesday, February 27, 2024
Measure B Bike & Ped (2543-3199-91729-54111) $210,726
Measure B Bike & Ped (2543-3199-91729-54110) $214,000
Measure F (2544-3199-91729-54111) $1,000,000
Measure BB Streets (2545-3199-91729-54111) $2,040,000
Measure BB Bike & Ped (2546-3199-91729-54111) $888,400
Capital Projects (AlaCTC and TDA Grants) (4100-3199-91729-54111) $7,991,694 Capital Projects (AlaCTC Grant) (4100-3199-91729-54110) $1,136,000 Current Budget $19,823,034
Shortfall Fund Source (from CIP) Fund Balance
K. Measure B Bike & Ped (Alvarado Niles
Multimodal Corridor Study)
(2542-3199-99999-54111) $25,742
24. Measure BB Roads (Dyer Street
Resurfacing, Phase 2)
(2545-3199-99999-54111) $1,373,974
Requested Shortfall
Transfer
$1,399,716
TOTAL
CONSTRUCTION COST
$21,222,750
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution with the following recommendation:
1. Authorizing the award of a construction contract to Bay Cities Paving & Grading, Inc., in the amount of $17,049,000, for the construction of the Union City Boulevard Bike Lanes Project, City Project No. 17-29 and rejecting the bid protest from the Ghilotti Construction Company, Inc; and
2. Approving a total construction budget, in the amount of $21,222,750, for construction contract, construction contingency, construction management services and project contingency; and
3. Approving the transfer of $25,742 from Alvarado-Niles Road Multimodal Corridor Study (2543- 3199-99999-54111) to the Union City Boulevard Bike Lanes Project, City Project No. 17-29 (2543- 3199-91729-54111); and
4. Approving the transfer of $1,373,974 from Dyer Street Resurfacing, Phase 2 (2545-3199-99999- 54111) to the Union City Boulevard Bike Lanes Project, City Project No. 17-29 (2545-3199-91729- 54111).
Prepared by:
Tommy Cho, Principal Civil Engineer
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - Notice of Bid Attachment
City Council/RSA Agenda 39 Tuesday, February 27, 2024
Attachment 2 - Protest Letter Attachment
Attachment 3 - Response to Protest Letter Attachment
Draft Resolution Resolution
Exhibit A - Project Title Sheet Exhibit
Exhibit B- Bid Results Exhibit
Exhibit C- Bid Summary Exhibit
City Council/RSA Agenda 40 Tuesday, February 27, 2024
CITY OF UNION CITY
DEPARTMENT OF PUBLIC WORKS
CITY PROJECT NO. 17-29
NOTICE TO CONTRACTORS
Sealed proposals for the work shown on the plans entitled: UNION CITY BLVD. BIKE LANE IMPROVEMENTS PROJECT, CITY PROJECT NO. 17-29, will be received at the office of the City Clerk of the City of Union City, City Government Building, 34009 Alvarado-Niles Road, Union City, California, until Wednesday, January 17, 2024, 2:00PM PST, at which time they will be publicly opened and read in the Council Chambers of said building. The Engineer’s estimate for this project is $16.7 million.
The Contractor shall possess a Class A and/or C-12 California contractor's license at the time this contract is awarded.
Bids are required for the entire work described herein. This contract is subject to the State contract nondiscrimination and compliance requirements pursuant to Government Code Section 12990.
Bid Package & Bid Package Location. All the project work is to be done in accordance with the bid package on file with the Public Works Department - City of Union City, 34009 Alvarado- Niles Road, Union City, California 94587. Eligibility to bid on this project requires bid package to be electronically obtained from the City. Bid package may be obtained at no charge via email request to the City at [email protected]. Non-biddable plans and specifications shall be available to view at various Builders' Exchanges throughout the Bay Area and on the City of Union City website at www.unioncity.org.
General Work Description: The work to be done, in general, consists of roadway widening into the existing median to facilitate installation of buffered bike lanes, construction of curb, sidewalk, and curb ramps, traffic signal modifications, street lighting improvements, drainage improvements, pavement rehabilitation (dig-outs and repairs), cold planing, overlay of roadway, signing, striping and landscape improvements and other related work indicated and required by the plans, Standard Specifications and these special provisions.
All questions should be emailed or fax to Tommy Cho of City of Union City, email:
[email protected]. The successful bidder shall furnish a Payment Bond, a Performance Bond, and a Maintenance Bond.
Minimum wage rates for this project as predetermined by the Secretary of Labor are set forth in the special provisions. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and prevailing wage rates determined by the Department of Industrial Relations for similar classifications of labor, the contractor and his subcontractors shall pay not less than the higher wage rates.
Pursuant to Section 1773 of the Labor Code, the general prevailing rate of wages in the county in which the work is to be done has been determined by the Director of the wage rates appear in the Department of Transportation publication entitled General Prevailing Wage Rates, (current semi-annual which have been predetermined and are on file with the Department of Industrial Relations are referenced but not printed in said publication.
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City Council/RSA Agenda 49 Tuesday, February 27, 2024
Marilou Ayupan
Director of Public Works
Office of the City Clerk
City of Union City
340009 Alvarado-Niles Road
Union City, CA 94587
Re: Bid Protest from Ghilotti Construction, Inc.
Bid Opening: 01/31/2024
Project: 17-29
Dear Ms. Ayupan,
Bay Cities received the bid protest dated February 2, 2024 from Ghilotti Construction Company, Inc. (“GCC”) alleging that Bay Cities’ bid is non-responsive. There is no merit to GCC’s allegations and GCC’s protest should be rejected. As a preliminary matter, the Instructions to Bidders, Section 6, Bid Protests, notifies bidders that:
Each party filing the protest shall also submit with their bid protest a $1,000.00 nonrefundable fee via check or money order, made payable to “The City of Union City,” to reimburse the City for reviewing, investigating, and resolving the bid protest in accordance with the provisions of this section. Any bid protest received without the $1,000.00 fee will be returned without further action by the City.
In its letter, GCC does not state that is including a check of $1,000 with its protest. If GCC failed to submit a payment with its protest, its protest should be immediately returned as denied without any further action on the part of the City.
BAY CITIES CORRECTLY COMPLIED WITH ALL SUBCONTRACTOR LISTING
REQUIREMENTS
GCC argues that Bay Cities’ bid is nonresponsive for not including the Department of Industrial Relations (DIR) registration numbers for Bay Cities’ listed subcontractors. Further, GCC cites, in part, Public Contract Code § 4104(a) to support its argument that a bidder’s failure to include a DIR number for each listed subcontractor renders a bid as nonresponsive. But GCC has purposely omitted the opening section of Public Contract Code §4104 to misconstrue its meaning and purpose. Simply stated, Public Contract Code § 4104 is a statute directed to Awarding Bodies and not bidders. The opening sentence of Section 4104 provides:
City Council/RSA Agenda 50 Tuesday, February 27, 2024
Any officer, department, board, or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received for the doing of the work incident to the public work or improvement that any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth:
Clearly, Section 4104 addresses the responsibilities of Awarding Agencies who prepare bid packages. Per Section 4104, Awarding Agencies should include all the wording listed in Section 4104 in their bid package and should create Subcontractor List bid forms which are specifically designed for the inputting of DIR registration. Due to an inadvertent omission, the City did not include this language in its Notice to Bidders or on its Bid Form. GCC argues that the City’s omission renders Bay Cities’ bid as nonresponsive. But contrary to GCC’s implication, there is nothing within § 4104 which states that an Awarding Agency’s failure to include all the required verbiage causes a bid to be rejected as nonresponsive. Moreover, any such result would only penalize City taxpayers for the City’s inadvertent error by having a contract awarded to a bidder who failed to submit the lowest bid.
While § 4104 is directed to an Awarding Agency’s duty in preparing its bid package, Labor Code Labor Code § 1771.1(a) sets forth a bidder’s obligations with regard to DIR registration:
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section1725.5 Per Labor Code § 1771.1(a), a bidder (contractor or subcontractor) must be registered with the DIR on bid day to be qualified to submit a bid. GCC does not raise any issues with the DIR registrations of Bay Cities or of Bay Cities’ listed subcontractors because GCC knows that Bay Cities and its listed subcontractors were all DIR-registered on bid day. See attached registrations.
More importantly, GCC’s argument is invalid because it would undermine the statutory provisions of Labor Code Section 1771(c) which provides:
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening [for example, bids are due on a Tuesday, a bidder submits a bid on a Monday which lists an unregistered subcontractor but the subcontractor registers before the bids are opened on Tuesday] (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
City Council/RSA Agenda 51 Tuesday, February 27, 2024
(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
Under GCC’s bewildering interpretation of Public Contract Code 4104 and Labor Code 1771, an Awarding Agency is required to reject a bid even though the California Legislature had declared that there is no basis for a bid protest if the subcontractors are registered before the bid opening.
THE SUBCONTRACTORS’ DIR INFORMATION WAS A MATTER OF PUBLIC RECORD AND COULD BE ASCERTAINED BY THE CITY THROUGH THE SUBCONTRACTORS’
CSLB NUMBERS
California’s State Attorney General issued an opinion regarding whether a public entity can accept a bid which omits a subcontractor’s business location but includes information from which the location can be determined. In 2003, the Attorney General Office offered an opinion to the following question:
“May a public entity accept a bid for the construction of a public works project that does not specify the business location of each listed subcontractor but does provide the state contractor’s license of each listed subcontractor from which the business location may be ascertained upon further inquiry.” 86 Op.Atty Gen. Cal. 90 In answer to this query, the Attorney General held that:
“We conclude that a public entity may accept a bid for the construction of a public works project that does not specify the business location of each listed subcontractor but does provide the state contractor’s license number of each listed subcontractor for which the business location may be ascertained upon further inquiry.” When Bay Cities completed its Subcontractor Listing Form, Bay Cities listed the CSLB license number of each subcontractor. To help contractors and public entities, the DIR created a website in which every contractor’s and subcontractor’s DIR registration can be confirmed by using their CSLB license [ https://cadir.my.salesforce-sites.com/ContractorSearch?]. In 2003, DIR registration numbers did not exist. But the same reasoning applied to the use of a subcontractor’s license number to determine a subcontractor’s business location would apply to a public entity’s ability to use a subcontractor’s CSLB number to determine the subcontractor’s DIR status at bid time. Therefore, since Bay Cities provided the CSLB number for each listed subcontractor, the City could ascertain the DIR upon further inquiry.
There is no merit to GCC’s protest and it must be denied.
Sincerely,
Marlo Manqueros
Vice-President
City Council/RSA Agenda 52 Tuesday, February 27, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO
BAY CITIES PAVING & GRADING, INC., IN THE AMOUNT OF
$17,049,000, AND APPROVING A TOTAL CONSTRUCTION BUDGET IN THE AMOUNT OF $21,222,750; APPROVING TWO BUDGET
TRANSFERS, ONE IN THE AMOUNT OF $25,742 FROM THE MEASURE B BIKE & PED FUND (FUND 2543) AND ANOTHER IN THE AMOUNT OF $1,373,974 FROM THE MEASURE BB ROADS FUND (FUND 2545), FOR A TOTAL OF $1,399,716 IN BUDGET TRANSFERS TO THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29,
AND REJECTING THE BID PROTEST FROM THE GHILOTTI
CONSTRUCTION COMPANY, INC.
WHEREAS, the Alameda County Transportation Commission (Alameda CTC) administers funding programs and projects that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (VRF), 2014 Measure BB, CMATIP, and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds;” and WHEREAS, on April 27, 2017, the Alameda CTC approved the award of an $8,800,000 grant to the Union City Boulevard Bikes Lanes Project, City Project No. 17-29; and WHEREAS, on October 9, 2017, Union City received the executed Alameda CTC Project Funding Agreement No. A17-0125 with grant funding in the amount of $8,800,000 of 2014 Measure BB, CMA TIP, TFCA (Transportation Fund for Clean Air Programs) and a required local match of $1,000,000 (Gas Tax) for Final Design, Right of Way and Construction Phases for Union City Boulevard Bikes Lanes Project, City Project No. 17-29; and WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 5613-20, in the amount of approximately $1.4 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), to amend the list of projects for FY 2020-2021, to include pavement rehabilitation and improvements in various locations including Union City Boulevard Bike Lanes Project, City Project No. 17-29; and
WHEREAS, on June 8, 2021, the City Council adopted a Resolution No. 5768-21, adopting a List of Projects for FY 2021-2022, in the amount of approximately $1.5 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation and improvements in various locations including Union City Boulevard Bike Lanes Project, City Project No. 17-29; and
WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 5951-22, adopting a List of Projects for FY 2022-2023, in the amount of approximately $1.6 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation and improvements in various locations to include the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and
City Council/RSA Agenda 53 Tuesday, February 27, 2024
Resolution No. XXXX-24
WHEREAS, on May 23, 2023, the City Council adopted Resolution No. 6123-23 accepting $604,912 in Transportation Development Act (TDA), Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission, increasing revenue projections in the Capital Projects Fund by $604,912, and appropriating $604,912 to the Capital Projects Fund for the construction of the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and
WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 6152-23, accepting $1.8 million from the 2024 Comprehensive Investment Program (CIP) Grant Funds from the Alameda County Transportation Commission (Alameda CTC) for the Union Boulevard Bike Lanes (Phase III, Complete Streets) Project, City Project No. 17-29, increasing the revenue projections in the Capital Projects Fund (Fund 4100) by $1.8 million, appropriating $1.8 million to Project No. 17-29, earmarking $450,000 of previously approved SB-1 funds (Fund 2515) to meet the Local Match requirement and authorizing the City Manager to sign the required grant funding agreements, in a form approved by the City Attorney; and WHEREAS, on July 11, 2023, the City Council adopted Resolution No. 6160-23, adopting a List of Projects for FY 2023-2024, in the amount of approximately $1.7 million, funded with SB-1: The Road Repair and Accountability Act of 2017 (Fund 2515), which includes, among the various projects, the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, on July 25, 2023, the City Council adopted Resolution No. 6172-23, authorizing the City Manager to execute a Consulting Services Agreement with Park Engineering, Inc., of Emeryville, CA, in the amount of $2,000,000 for the construction management services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, the proposed bike lane and roadway improvement project will complete approximately a two- (2) mile bike lane gap with buffer Class II bike lanes along Union City Boulevard (UCB) from Alameda County Flood Control Channel (Fremont) to Smith Street and will serve as the San Francisco Bay Trail in Union City, see Exhibit A. The improvements also include the rehabilitation of the pavement within the project limits. The project will include “Complete Street” improvements at all intersections, including traffic signal modifications, a new multi-purpose trail along UCB adjacent to Delaine Eastin Elementary School, providing direct access for students who bike or walk to school, and a right-turning lane into the school, streetlight modifications, roadway drainage improvements and landscape improvements at various locations; and
WHEREAS, on November 21, 2023, the plans and specifications for the project were released and advertised for bid, followed by the issuance of Addendum No.1, dated December 20, 2023, Addendum No.2, dated January 12, 2024, and Addendum No.3, dated January 23, 2024; and WHEREAS, on December 5, 2023, Park Engineering held a Pre-Bid Meeting for the interested bidders at Mark Green Sports Center to allow potential bidders to visit the project site and inquire about construction activities before the bid opening; and WHEREAS, on January 31, 2024, the City of Union City received seven (7) bids, and all bids were opened on the same day as noted in Exhibits B and C. The lowest responsive and responsible bid submitted was $17,049,000 by Bay Cities Paving & Grading, Inc. (BCPG), of Concord, California; and
City Council/RSA Agenda 54 Tuesday, February 27, 2024
Resolution No. XXXX-24
WHEREAS, on February 5, 2024, Ghilotti Construction Company, Inc. (GCC), the second low bidder (in the amount of $17,260,159) submitted a protest letter requesting the City to consider BCPG’s low bid as non-responsive and refrain from awarding the contract to Bay Cities Paving & Grading, Inc. GCC’s protest points out that the low bid failed to include the DIR registration numbers of the subcontractors listed in its bid, as required by Public Contract Code Section 4104.
The following day, Bay Cities Paving & Grading, Inc. submitted a response to the bid protest; and WHEREAS, when a prime contractor violates a requirement of Public Contract Code section 4100 et seq, Public Contract Code section 4111 provides that “the awarding authority may exercise the option, in its own discretion” to cancel the contract. The California State Attorney General has advised that Section 4111 is permissive, and awarding agencies may use their discretion to choose not to cancel the contract of a prime contractor violating Section 4104, and instead accept the bid. (See 86 Ops.Cal.Atty.Gen. 90.); and WHEREAS, the City has verified that all of the subcontractors listed on BCPG’s proposal were registered with DIR at the time the bid was submitted. Therefore, BCPG’s failure to list the DIR registration numbers had no substantive impact. Consequently, the City Council is exercising its own discretion to not disqualify Bay Cities Paving & Grading, Inc; and WHEREAS, the low bid in the amount of $17,049,00, though 3.6% higher than the Engineers Estimate of $16,455,890, is deemed very competitive because all the bids received were within a 5%-10% threshold of the Engineers Estimate and five of the seven bids were within the $17,000,000 range; and
WHEREAS, the total recommended budget to complete construction of the Union City Boulevard Bike Lanes Project, City Project No. 17-29 is $21,222,750, which includes the low bid, a 10% construction contingency, construction management service, and about a 2.5% project continency; and
WHEREAS, the current budget for the construction phase for Union City Boulevard Bike Lanes Project, City Project No. 17-29 is $19,823,034 which includes Gas Tax (Fund 2510), SB-1 Road (Fund 2515), Measure B Roads (Fund 2542) Measure B Bike & Ped (Fund 2543), Measure F Roads (Fund 2544) Measure BB Roads (Fund 2545), Measure BB Bike & Ped (Fund 2546) and Capital Projects from Alameda CTC Grant and TDA Article 3 Grant (Fund 4100) with a shortfall of $1,399,716; and
WHEREAS, the construction budget shortfall will be funded with $25,742 from ACTIA/Measure B Bike & Ped (2543-3199-99999-54111) for the Alvarado-Niles Road Multimodal Corridor Study and $1,373,974 from Measure BB Roads (2545-3199-99999-54111) for Dyer Street Resurfacing, Phase 2 project, totaling $1,399,716; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby rejects the bid protest submitted by Ghilotti Construction Company, Inc. for the reasons set forth above.
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby awards the construction contract to Bay Cities Paving & Grading, Inc., of Concord, CA, in the amount of $17,049,000, and authorizes the construction budget, with low bid, a 10% construction contingency, construction management services and a 2.5% project contingency in the amount of City Council/RSA Agenda 55 Tuesday, February 27, 2024
Resolution No. XXXX-24
$21,222,750, for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves the budget transfer of $25,742 from Alvarado-Niles Road Multimodal Corridor Study (2543-3199-99999-54111) to the Union City Boulevard Bike Lanes Project, City Project No. 17- 29 (2543-3199-91729-54111) and $1,373,974 from Dyer Street Resurfacing, Phase 2 project (2545-3199-99999-54111) to the Union City Boulevard Bike Lanes Project, City Project No. 17- 29 (2545-3199-91729-54111) to fill the budget shortfall in the amount of $1,399,716.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 27th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
Attachments:
1. Exhibit A – Project Title Sheet
2. Exhibit B – Bid Results
3. Exhibit C – Bid Summary
City Council/RSA Agenda 56 Tuesday, February 27, 2024
® Know what's below.
Call before you dig.
CITY OF UNION CITY
DEPARTMENT OF PUBLIC WORKS
UNION CITY BLVD BIKE LANES PROJECT
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1 Exhibit A
City Council/RSA Agenda 57 Tuesday, February 27, 2024
City Council/RSA Agenda 58 Tuesday, February 27, 2024
City of Union City
Union City Blvd Bike Lanes Project, City Project No. 17-29 BID SUMMARY Note: Yellow highlights indicate the discrepancies in the submitted bid proposal.
Date:1/31/2024
Item No. Bid Item Estimated
Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 MOBILIZATION 1 LS $1,646,400.22 $1,646,400.22 $1,100,000.00 $1,100,000.00 $800,000.00 $800,000.00 $3,045,000.00 $3,045,000.00 1,766,666.00 1,766,666.00 1,752,750.00 $ 1,752,750.00 $ $1,820,000.00 $1,820,000.00 2 PARTNERING 1 $ $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 15,000.00 15,000.00 15,000.00 $ 15,000.00 $ $15,000.00 $15,000.00 3 JOB SITE MANAGEMENT 1 LS $120,000.00 $120,000.00 $48,000.00 $48,000.00 $2,000.00 $2,000.00 $397,182.00 $397,182.00 50,000.00 50,000.00 148,500.00 $ 148,500.00 $ $20,000.00 $20,000.00 4 TRAFFIC CONTROL SYSTEM 1 LS $1,030,000.00 $1,030,000.00 $688,000.00 $688,000.00 $990,901.00 $990,901.00 $291,500.00 $291,500.00 904,440.00 904,440.00 1,293,885.00 $ 1,293,885.00 $ $550,000.00 $550,000.00 5 CONSTRUCTION AREA SIGNS 1 LS $70,500.00 $70,500.00 $80,500.00 $80,500.00 $40,000.00 $40,000.00 $22,260.00 $22,260.00 75,000.00 75,000.00 $ 25,000.00 $ 25,000.00 $70,500.00 $70,500.00 6 CONSTRUCTION PROJECT FUNDING IDENTIFICATION SIGN 2 EA $325.00 $650.00 $325.00 $650.00 $1,000.00 $2,000.00 $10,070.00 $20,140.00 500.00 1,000.00 2,000.00 $ 4,000.00 $ $325.00 $650.00 7 DEVELOP WATER SUPPLY 1 LS $10,000.00 $10,000.00 $6,000.00 $6,000.00 $8,000.00 $8,000.00 $18,762.00 $18,762.00 1,000.00 1,000.00 5,000.00 $ 5,000.00 $ $2,000.00 $2,000.00 8 TEMPORARY BARRIER 20,000 LF $15.00 $300,000.00 $15.00 $300,000.00 $23.00 $460,000.00 $10.60 $212,000.00 25.00 500,000.00 6.00 $ 120,000.00 $ $40.00 $800,000.00 9 TEMPORARY CRASH CUSHION 38 EA $500.00 $19,000.00 $2,500.00 $95,000.00 $4,000.00 $152,000.00 $1,060.00 $40,280.00 4,000.00 152,000.00 100.00 $ 3,800.00 $ $4,812.36 $182,869.68 10 TYPE I BARRICADE 72 EA $30.00 $2,160.00 $30.00 $2,160.00 $31.50 $2,268.00 $235.32 $16,943.04 50.00 3,600.00 50.00 $ 3,600.00 $ $91.06 $6,556.32 11 TYPE III BARRICADE 33 EA $70.00 $2,310.00 $70.00 $2,310.00 $73.00 $2,409.00 $254.40 $8,395.20 100.00 3,300.00 $ 110.00 $ 3,630.00 $334.97 $11,054.01 12 CHANNELIZER (SURFACE MOUNTED) 900 EA $40.00 $36,000.00 $40.00 $36,000.00 $42.00 $37,800.00 $37.10 $33,390.00 50.00 45,000.00 $ 40.00 $ 36,000.00 $93.63 $84,267.00 13 TEMPORARY TRAFFIC STRIPE (PAINT) 45,000 LF $0.75 $33,750.00 $1.50 $67,500.00 $0.80 $36,000.00 $0.80 $36,000.00 0.75 33,750.00 0.75 $ 33,750.00 $ $1.25 $56,250.00 14 PORTABLE RADAR SPEED FEEDBACK SIGN 27 EA $499.58 $13,488.66 $1,600.00 $43,200.00 $1,490.00 $40,230.00 $5,300.00 $143,100.00 1,000.00 27,000.00 700.00 $ 18,900.00 $ $2,500.00 $67,500.00 15 FLASHING ARROW SIGN 8 EA $560.76 $4,486.08 $4,500.00 $36,000.00 $3,500.00 $28,000.00 $2,120.00 $16,960.00 2,500.00 20,000.00 1,400.00 $ 11,200.00 $ $12,000.00 $96,000.00 16 PORTABLE CHANGEABLE MESSAGE SIGN 2 EA $16,974.34 $33,948.68 $16,000.00 $32,000.00 $16,000.00 $32,000.00 $4,770.00 $9,540.00 15,000.00 30,000.00 3,000.00 $ 6,000.00 $ $21,000.00 $42,000.00 17 CONTRACTOR-SUPPLIED BIOLOGIST (REVOCABLE) 1 LS $10,000.00 $10,000.00 $7,400.00 $7,400.00 $5,500.00 $5,500.00 $10,600.00 $10,600.00 5,000.00 5,000.00 2,500.00 $ 2,500.00 $ $10,000.00 $10,000.00 18 CONSTRUCTION SURVEYING 1 LS $66,370.00 $66,370.00 $66,370.00 $66,370.00 $68,000.00 $68,000.00 $111,300.00 $111,300.00 125,000.00 125,000.00 95,000.00 $ 95,000.00 $ $85,000.00 $85,000.00 19 CONTRACTOR POTHOLING 30 EA $957.95 $28,738.50 $800.00 $24,000.00 $760.00 $22,800.00 $1,643.00 $49,290.00 500.00 15,000.00 1,388.00 $ 41,640.00 $ $1,500.00 $45,000.00 20 PREPARE STORM WATER POLLUTION PREVENTION PLAN 1 LS $3,000.00 $3,000.00 $1,450.00 $1,450.00 $2,000.00 $2,000.00 $4,240.00 $4,240.00 2,000.00 2,000.00 2,500.00 $ 2,500.00 $ $3,200.00 $3,200.00 21 STORM WATER SAMPLING AND ANALYSIS DAY 1 LS $3,375.00 $3,375.00 $8,200.00 $8,200.00 $4,350.00 $4,350.00 $10,600.00 $10,600.00 5,000.00 5,000.00 15,000.00 $ 15,000.00 $ $2,500.00 $2,500.00 22 RAIN EVENT ACTION PLAN 1 LS $1,500.00 $1,500.00 $5,500.00 $5,500.00 $525.00 $525.00 $4,240.00 $4,240.00 5,000.00 5,000.00 8,600.00 $ 8,600.00 $ $400.00 $400.00 23 STORM WATER ANNUAL REPORT 1 LS $1,200.00 $1,200.00 $4,000.00 $4,000.00 $1,000.00 $1,000.00 $5,300.00 $5,300.00 2,000.00 2,000.00 2,000.00 $ 2,000.00 $ $2,500.00 $2,500.00 24 TEMPORARY INLET PROTECTION (TYPE 5 WITHOUT SILT FENCE) 50 EA $325.58 $16,279.00 $150.00 $7,500.00 $215.00 $10,750.00 $530.00 $26,500.00 200.00 10,000.00 180.00 $ 9,000.00 $ $500.00 $25,000.00 25 CLEARING & GRUBBING 1 LS $75,608.98 $75,608.98 $47,075.00 $47,075.00 $198,340.00 $198,340.00 $137,800.00 $137,800.00 125,000.00 125,000.00 219,500.00 $ 219,500.00 $ $15,000.00 $15,000.00 26 TREE PROTECTION 1 LS $34,022.27 $34,022.27 $18,250.00 $18,250.00 $50,000.00 $50,000.00 $32,860.00 $32,860.00 75,000.00 75,000.00 16,500.00 $ 16,500.00 $ $35,000.00 $35,000.00 27 TRIM TREES 1 LS $24,000.00 $24,000.00 $500.00 $500.00 $29,000.00 $29,000.00 $11,660.00 $11,660.00 100,000.00 100,000.00 5,000.00 $ 5,000.00 $ $45,000.00 $45,000.00 28 REMOVE ASPHALT CONCRETE DIKE 16,800 LF $2.40 $40,320.00 $5.00 $84,000.00 $0.60 $3.29 $55,272.00 2.00 33,600.00 1.00 $ 16,800.00 $ $3.60 $60,480.00 29 REMOVE CONCRETE (CURB & GUTTER) 3,300 LF $17.85 $58,905.00 $20.00 $66,000.00 $13.00 $42,900.00 $21.07 $69,531.00 30.00 99,000.00 60.00 $ 198,000.00 $ $56.50 $186,450.00 30 REMOVE CONCRETE (SIDEWALK) 20,200 SF $5.41 $109,282.00 $6.00 $121,200.00 $4.50 $90,900.00 $4.29 $86,658.00 5.00 101,000.00 7.00 $ 141,400.00 $ $3.50 $70,700.00 31 REMOVE CONCRETE (CROSSWALK) 1,100 SF $10.57 $11,627.00 $20.00 $22,000.00 $18.00 $19,800.00 $44.52 $48,972.00 10.00 11,000.00 25.00 $ 27,500.00 $ $7.00 $7,700.00 32 REMOVE CONCRETE (MEDIAN PAVING) 4,200 SF $5.55 $23,310.00 $14.00 $58,800.00 $5.00 $21,000.00 $12.04 $50,568.00 10.00 42,000.00 12.00 $ 50,400.00 $ $8.00 $33,600.00 33 REMOVE INLET 15 EA $2,263.83 $33,957.45 $2,200.00 $33,000.00 $1,130.00 $16,950.00 $8,551.02 $128,265.30 2,000.00 30,000.00 2,300.00 $ 34,500.00 $ $1,900.00 $28,500.00 34 REMOVE WOOD HEADERBOARD 14,400 LF $3.34 $48,096.00 $2.50 $36,000.00 $3.25 $46,800.00 $1.80 $25,920.00 2.00 28,800.00 1.00 $ 14,400.00 $ $5.00 $72,000.00 35 ADJUST MONUMENT BOX TO GRADE 10 EA $1,000.00 $10,000.00 $1,200.00 $12,000.00 $1,120.00 $11,200.00 $742.00 $7,420.00 1,200.00 12,000.00 1,000.00 $ 10,000.00 $ $1,000.00 $10,000.00 36 REMOVE AND REPLACE MONUMENT 2 EA $1,200.00 $2,400.00 $1,500.00 $3,000.00 $3,600.00 $7,200.00 $3,710.00 $7,420.00 2,500.00 5,000.00 2,000.00 $ 4,000.00 $ $46,000.00 $92,000.00 37 ADJUST STORM DRAIN MANHOLE TO GRADE 6 EA $1,350.00 $8,100.00 $1,600.00 $9,600.00 $2,000.00 $12,000.00 $2,650.00 $15,900.00 2,000.00 12,000.00 1,000.00 $ 6,000.00 $ $1,350.00 $8,100.00 38 ADJUST CITY PULLBOX TO GRADE 6 EA $2,500.00 $15,000.00 $1,000.00 $6,000.00 $350.00 $2,100.00 $2,650.00 $15,900.00 2,000.00 12,000.00 200.00 $ 1,200.00 $ $2,500.00 $15,000.00 39 ADJUST CITY PULLBOX TO GRADE (PAVEMENT REHAB) 8 EA $2,500.00 $20,000.00 $1,000.00 $8,000.00 $1,500.00 $12,000.00 $2,650.00 $21,200.00 2,000.00 16,000.00 200.00 $ 1,600.00 $ $2,000.00 $16,000.00 40 ADJUST USD SANITARY MANHOLE FRAME AND COVER TO GRADE (REVOCABLE) 2 EA $1,350.00 $2,700.00 $1,625.63 $3,251.26 $2,000.00 $4,000.00 $2,650.00 $5,300.00 1,500.00 3,000.00 1,000.00 $ 2,000.00 $ $1,350.00 $2,700.00 41 ADJUST USD SANITARY MANHOLE FRAME AND COVER TO GRADE (PAVEMENT REHAB) (REVOCABLE) 19 EA $1,350.00 $25,650.00 $1,625.62 $30,886.78 $2,000.00 $38,000.00 $1,590.00 $30,210.00 1,500.00 28,500.00 1,000.00 $ 19,000.00 $ $1,350.00 $25,650.00 42 ADJUST ACWD FIRE HYDRANT VALVE BOX TO GRADE
(REVOCABLE) 33 EA $1,000.00 $33,000.00 $1,204.17 $39,737.61 $1,700.00 $56,100.00 $1,007.00 $33,231.00 800.00 26,400.00 500.00 $ 16,500.00 $ $1,000.00 $33,000.00 43 ADJUST ACWD VALVE BOX TO GRADE (REVOCABLE) 10 EA $1,000.00 $10,000.00 $1,204.17 $12,041.70 $1,700.00 $17,000.00 $1,007.00 $10,070.00 800.00 8,000.00 500.00 $ 5,000.00 $ $1,000.00 $10,000.00 44 ADJUST HWD FIRE HYDRANT VALVE BOX TO GRADE
(REVOCABLE) 1 EA $1,000.00 $1,000.00 $1,204.17 $1,204.17 $1,700.00 $1,700.00 $1,272.00 $1,272.00 1,000.00 1,000.00 500.00 $ 500.00 $ $1,000.00 $1,000.00 45 ADJUST HWD FIRE HYDRANT VALVE BOX TO GRADE (PAVEMENT REHAB) (REVOCABLE) 2 EA $1,000.00 $2,000.00 $1,204.17 $2,408.34 $1,700.00 $3,400.00 $1,272.00 $2,544.00 1,000.00 2,000.00 500.00 $ 1,000.00 $ $1,000.00 $2,000.00 46 ADJUST PULL BOX TO GRADE (AT&T) (REVOCABLE) 3 EA $1,000.00 $3,000.00 $1,000.00 $3,000.00 $350.00 $1,050.00 $2,650.00 $7,950.00 1,000.00 3,000.00 500.00 $ 1,500.00 $ $2,700.00 $8,100.00 47 ADJUST COMCAST VAULT TO GRADE (PAVEMENT REHAB)
(REVOCABLE) 2 EA $1,000.00 $2,000.00 $2,500.00 $5,000.00 $2,300.00 $4,600.00 $3,180.00 $6,360.00 2,500.00 5,000.00 1,200.00 $ 2,400.00 $ $3,800.00 $7,600.00 48 ADJUST PG&E PULL BOX TO GRADE (REVOCABLE) 7 EA $1,000.00 $7,000.00 $1,000.00 $7,000.00 $350.00 $2,450.00 $2,650.00 $18,550.00 1,000.00 7,000.00 500.00 $ 3,500.00 $ $2,300.00 $16,100.00 49 ADJUST PG&E PULL BOX TO GRADE (PAVEMENT REHAB)
(REVOCABLE) 3 EA $2,500.00 $7,500.00 $1,000.00 $3,000.00 $1,400.00 $4,200.00 $2,862.00 $8,586.00 1,000.00 3,000.00 500.00 $ 1,500.00 $ $2,500.00 $7,500.00 50 RELOCATE PG&E GAS LINE MARKER (REVOCABLE) 1 LS $11,961.83 $11,961.83 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $1,590.00 $1,590.00 1,000.00 1,000.00 500.00 $ 500.00 $ $7,600.00 $7,600.00 51 ROADWAY EXCAVATION 4,700 CY $187.00 $878,900.00 $180.00 $846,000.00 $71.00 $333,700.00 $58.30 $274,010.00 100.00 470,000.00 150.00 $ 705,000.00 $ $157.00 $737,900.00 52 EXCAVATE MEDIAN BASE MATERIAL 5,600 CY $14.56 $81,536.00 $45.00 $252,000.00 $37.40 $209,440.00 $17.36 $97,216.00 100.00 560,000.00 31.00 $ 173,600.00 $ $85.50 $478,800.00 53 DISPOSE OF MEDIAN BASE MATERIAL (REVOCABLE) 5,600 CY $62.00 $347,200.00 $36.00 $201,600.00 $19.00 $106,400.00 $47.70 $267,120.00 10.00 56,000.00 18.00 $ 100,800.00 $ $72.00 $403,200.00 Fifth-De Silva Gates
Construction LLC
Sixth-Redgwick Construction
Company
Lowest Bid-Bay Cities Paving Seventh-Ghilotti Bros., Inc. & Grading , Inc.
Second-Ghilotti Construction
Company
Third- McGuire and Hester Fourth-Patriot Contracting, Inc.
City Council/RSA Agenda 59 Tuesday, February 27, 2024
Item No. Bid Item Estimated
Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Fifth-De Silva Gates
Construction LLC
Sixth-Redgwick Construction
Company
Lowest Bid-Bay Cities Paving Seventh-Ghilotti Bros., Inc. & Grading , Inc.
Second-Ghilotti Construction
Company
Third- McGuire and Hester Fourth-Patriot Contracting, Inc. 54 TEST EXISTING BASE MATERIAL (REVOCABLE) 1 LS $37,289.30 $37,289.30 $5,800.00 $5,800.00 $6,000.00 $6,000.00 $22,260.00 $22,260.00 10,000.00 10,000.00 3,500.00 $ 3,500.00 $ $25,000.00 $25,000.00 55 PLACE EXISTING BASE MATERIAL (REVOCABLE) 5,600 CY $21.86 $122,416.00 $50.00 $280,000.00 $58.00 $324,800.00 $18.69 $104,664.00 50.00 280,000.00 18.00 $ 100,800.00 $ $82.00 $459,200.00 56 CLASS 2 AGGREGATE BASE (REVOCABLE) 3,000 CY $79.19 $237,570.00 $34.00 $102,000.00 $73.00 $219,000.00 $151.58 $454,740.00 100.00 300,000.00 30.00 $ 90,000.00 $ $115.00 $345,000.00 57 COLD PLANE ASPHALT CONCRETE PAVEMENT 78,000 SY $5.46 $425,880.00 $6.00 $468,000.00 $3.50 $273,000.00 $4.59 $358,020.00 6.00 468,000.00 5.00 $ 390,000.00 $ $5.20 $405,600.00 58 HOT MIX ASPHALT (TYPE A) 15,000 TON $149.50 $2,242,500.00 $170.00 $2,550,000.00 $188.00 $2,820,000.00 $140.50 $2,107,500.00 180.00 2,700,000.00 228.00 $ 3,420,000.00 $ $165.00 $2,475,000.00 59 ROADWAY BASE REPAIR 48,000 SF $17.02 $816,960.00 $25.00 $1,200,000.00 $23.00 $1,104,000.00 $9.84 $472,320.00 20.00 960,000.00 23.00 $ 1,104,000.00 $ $20.00 $960,000.00 60 MICRO-SURFACING (TYPE II) 14,000 SQYD $4.58 $64,120.00 $4.58 $64,120.00 $4.80 $67,200.00 $5.09 $71,260.00 5.00 70,000.00 4.60 $ 64,400.00 $ $5.34 $74,760.00 61 CRACK TREATMENT 1 LS $11,500.00 $11,500.00 $11,500.00 $11,500.00 $12,000.00 $12,000.00 $22,260.00 $22,260.00 10,000.00 10,000.00 11,500.00 $ 11,500.00 $ $16,600.00 $16,600.00 62 RECOMPACT DECOMPOSED GRANITE 28,000 SF $1.23 $34,440.00 $2.00 $56,000.00 $1.75 $49,000.00 $1.13 $31,640.00 0.50 14,000.00 0.50 $ 14,000.00 $ $5.00 $140,000.00 63 MINOR CONCRETE (CITY STANDARD 208 CURB & GUTTER) 1,800 LF $67.59 $121,662.00 $80.00 $144,000.00 $74.25 $133,650.00 $79.92 $143,856.00 50.00 90,000.00 100.00 $ 180,000.00 $ $116.50 $209,700.00 64 MINOR CONCRETE (CALTRANS TYPE A1-8 CURB) 19,700 LF $38.50 $758,450.00 $40.00 $788,000.00 $44.75 $881,575.00 $51.41 $1,012,777.00 40.00 788,000.00 65.00 $ 1,280,500.00 $ $38.00 $748,600.00 65 MINOR CONCRETE (12" RETAINING CURB) 73 LF $92.55 $6,756.15 $160.00 $11,680.00 $89.00 $6,497.00 $190.80 $13,928.40 70.00 5,110.00 195.00 $ 14,235.00 $ $115.00 $8,395.00 66 MINOR CONCRETE (ROLLED CURB) 640 LF $61.99 $39,673.60 $85.00 $54,400.00 $76.00 $48,640.00 $87.72 $56,140.80 50.00 32,000.00 100.00 $ 64,000.00 $ $93.00 $59,520.00 67 MINOR CONCRETE (CITY STANDARD 211 BIORETENTION CURB & GUTTER) 490 LF $170.37 $83,481.30 $175.00 $85,750.00 $128.65 $63,038.50 $149.46 $73,235.40 150.00 73,500.00 300.00 $ 147,000.00 $ $154.00 $75,460.00 68 MINOR CONCRETE (CURB OPENING) 22 EA $250.00 $5,500.00 $465.00 $10,230.00 $105.00 $2,310.00 $530.00 $11,660.00 250.00 5,500.00 300.00 $ 6,600.00 $ $504.00 $11,088.00 69 MINOR CONCRETE (SIDEWALK) 11,900 SF $13.08 $155,652.00 $30.00 $357,000.00 $23.75 $282,625.00 $23.32 $277,508.00 15.00 178,500.00 24.00 $ 285,600.00 $ $29.00 $345,100.00 70 MINOR CONCRETE (DRIVEWAY) 590 SF $29.93 $17,658.70 $45.00 $26,550.00 $24.35 $14,366.50 $53.00 $31,270.00 20.00 11,800.00 40.00 $ 23,600.00 $ $46.00 $27,140.00 71 MINOR CONCRETE (MAINTENANCE VEHICLE PAD) 5,400 SF $22.86 $123,444.00 $32.00 $172,800.00 $21.50 $116,100.00 $27.56 $148,824.00 20.00 108,000.00 25.00 $ 135,000.00 $ $40.00 $216,000.00 72 MINOR CONCRETE (VALLEY GUTTER APRON) 320 SF $32.27 $10,326.40 $40.00 $12,800.00 $26.00 $8,320.00 $37.10 $11,872.00 20.00 6,400.00 45.00 $ 14,400.00 $ $36.00 $11,520.00 73 MEDIAN COBBLESTONE TREATMENT 13,100 SF $24.41 $319,771.00 $30.00 $393,000.00 $26.40 $345,840.00 $4.35 $56,985.00 20.00 262,000.00 25.00 $ 327,500.00 $ $12.49 $163,619.00 74 CLEAN EXISTING STORM DRAIN PIPES 2,430 LF $16.23 $39,438.90 $9.00 $21,870.00 $14.00 $34,020.00 $21.62 $52,536.60 15.00 36,450.00 10.00 $ 24,300.00 $ $24.20 $58,806.00 75 MODIFY INLET (RECONSTRUCT TOP) 1 EA $4,064.21 $4,064.21 $3,400.00 $3,400.00 $3,600.00 $3,600.00 $7,632.00 $7,632.00 4,000.00 4,000.00 6,000.00 $ 6,000.00 $ $1,900.00 $1,900.00 76 FIELD INLET 10 EA $8,413.70 $84,137.00 $2,800.00 $28,000.00 $3,650.00 $36,500.00 $8,745.00 $87,450.00 4,000.00 40,000.00 5,000.00 $ 50,000.00 $ $2,100.00 $21,000.00 77 STORM DRAIN INLET (CALTRANS G0 INLET) 38 EA $11,115.49 $422,388.62 $9,500.00 $361,000.00 $7,700.00 $292,600.00 $5,300.00 $201,400.00 10,000.00 380,000.00 9,400.00 $ 357,200.00 $ $5,000.00 $190,000.00 78 STORM DRAIN INLET (COUNTY TYPE VI) 1 EA $10,235.96 $10,235.96 $9,500.00 $9,500.00 $18,800.00 $18,800.00 $13,250.00 $13,250.00 10,000.00 10,000.00 16,000.00 $ 16,000.00 $ $9,200.00 $9,200.00 79 SIDEWALK UNDERDRAIN 10 EA $2,000.00 $20,000.00 $5,500.00 $55,000.00 $3,600.00 $36,000.00 $2,385.00 $23,850.00 2,500.00 25,000.00 2,500.00 $ 25,000.00 $ $2,500.00 $25,000.00 80 6" PVC STORM DRAIN CLEANOUT 15 EA $578.97 $8,684.55 $1,500.00 $22,500.00 $1,350.00 $20,250.00 $742.00 $11,130.00 1,000.00 15,000.00 900.00 $ 13,500.00 $ $1,500.00 $22,500.00 81 4" PERFORATED PLASTIC PIPE UNDERDRAIN 890 LF $46.41 $41,304.90 $8.00 $7,120.00 $24.00 $21,360.00 $6.89 $6,132.10 30.00 26,700.00 40.00 $ 35,600.00 $ $23.00 $20,470.00 82 12" RCP CLASS III STORM DRAIN PIPE 550 LF $334.22 $183,821.00 $440.00 $242,000.00 $620.00 $341,000.00 $113.95 $62,672.50 600.00 330,000.00 500.00 $ 275,000.00 $ $227.00 $124,850.00 83 STORM DRAIN MANHOLE 6 EA $17,778.38 $106,670.28 $8,000.00 $48,000.00 $19,400.00 $116,400.00 $7,950.00 $47,700.00 10,000.00 60,000.00 16,500.00 $ 99,000.00 $ $9,000.00 $54,000.00 84 MINOR CONCRETE (COBBLE RIP-RAP) 680 SF $16.01 $10,886.80 $25.00 $17,000.00 $5.90 $4,012.00 $15.90 $10,812.00 20.00 13,600.00 12.00 $ 8,160.00 $ $27.45 $18,666.00 85 REMOVE THERMOPLASTIC TRAFFIC STRIPE 45,000 LF $0.60 $27,000.00 $0.60 $27,000.00 $0.63 $28,350.00 $0.64 $28,800.00 0.60 27,000.00 0.60 $ 27,000.00 $ $0.60 $27,000.00 86 THERMOPLASTIC PAVEMENT MARKING (WHITE) 16,000 SF $10.00 $160,000.00 $10.00 $160,000.00 $10.50 $168,000.00 $10.60 $169,600.00 10.00 160,000.00 10.00 $ 160,000.00 $ $10.00 $160,000.00 87 THERMOPLASTIC PAVEMENT MARKING (YELLOW) 2,130 SF $10.00 $21,300.00 $10.00 $21,300.00 $10.50 $22,365.00 $10.60 $22,578.00 10.00 21,300.00 10.00 $ 21,300.00 $ $10.00 $21,300.00 88 PREFORMED THERMOPLASTIC PAVEMENT MARKING (GREEN) 25,800 SF $16.00 $412,800.00 $16.00 $412,800.00 $16.80 $433,440.00 $16.96 $437,568.00 16.00 412,800.00 16.00 $ 412,800.00 $ $16.00 $412,800.00 89 6" THERMOPLASTIC BUFFER STRIPE (WHITE) 7,000 LF $4.00 $28,000.00 $4.00 $28,000.00 $4.20 $29,400.00 $4.24 $29,680.00 4.00 28,000.00 4.00 $ 28,000.00 $ $4.00 $28,000.00 90 DETAIL 9 STRIPING 25,200 LF $1.80 $45,360.00 $1.80 $45,360.00 $1.89 $47,628.00 $1.91 $48,132.00 2.00 50,400.00 1.80 $ 45,360.00 $ $1.80 $45,360.00 91 DETAIL 22 STRIPING 710 LF $4.00 $2,840.00 $4.00 $2,840.00 $4.20 $2,982.00 $4.24 $3,010.40 4.00 2,840.00 4.00 $ 2,840.00 $ $4.00 $2,840.00 92 DETAIL 25 STRIPING 25,100 LF $2.50 $62,750.00 $2.50 $62,750.00 $2.63 $66,013.00 $2.65 $66,515.00 0.50 12,550.00 2.50 $ 62,750.00 $ $2.50 $62,750.00 93 DETAIL 27B STRIPING 80 LF $2.00 $160.00 $2.00 $160.00 $2.10 $168.00 $2.12 $169.60 2.00 160.00 2.00 $ 160.00 $ $2.00 $160.00 94 DETAIL 38 STRIPING 3,300 LF $3.00 $9,900.00 $3.00 $9,900.00 $3.15 $10,395.00 $3.18 $10,494.00 3.00 9,900.00 3.00 $ 9,900.00 $ $3.00 $9,900.00 95 DETAIL 39 STRIPING 52,600 LF $2.00 $105,200.00 $2.00 $105,200.00 $2.10 $110,460.00 $2.12 $111,512.00 2.00 105,200.00 2.00 $ 105,200.00 $ $2.00 $105,200.00 96 DETAIL 39A STRIPING 6,800 LF $2.50 $17,000.00 $2.50 $17,000.00 $2.63 $17,884.00 $2.65 $18,020.00 2.50 17,000.00 2.50 $ 17,000.00 $ $2.50 $17,000.00 97 FURNISH SINGLE SHEET ALUMINUM SIGN (0.080"-UNFRAMED) 23 EA $550.00 $12,650.00 $175.00 $4,025.00 $183.75 $4,226.25 $583.00 $13,409.00 200.00 4,600.00 550.00 $ 12,650.00 $ $175.00 $4,025.00 98 ROADSIDE SIGN (ONE POST) 47 EA $350.00 $16,450.00 $350.00 $16,450.00 $367.50 $17,272.50 $371.00 $17,437.00 400.00 18,800.00 350.00 $ 16,450.00 $ $350.00 $16,450.00 99 TYPE "A" NON-REFLECTIVE PAVEMENT MARKER 2,400 EA $6.00 $14,400.00 $6.00 $14,400.00 $6.30 $15,120.00 $6.36 $15,264.00 6.00 14,400.00 6.00 $ 14,400.00 $ $6.00 $14,400.00 100 DELINEATOR (CLASS 1) 143 EA $200.00 $28,600.00 $45.00 $6,435.00 $47.25 $6,756.75 $212.00 $30,316.00 50.00 7,150.00 200.00 $ 28,600.00 $ $245.00 $35,035.00 101 RELOCATE ROADSIDE SIGN 33 EA $205.00 $6,765.00 $275.00 $9,075.00 $288.75 $9,528.75 $217.30 $7,170.90 300.00 9,900.00 205.00 $ 6,765.00 $ $275.00 $9,075.00 102 REMOVE ROADSIDE SIGN 75 EA $75.00 $5,625.00 $125.00 $9,375.00 $131.25 $9,843.75 $79.50 $5,962.50 100.00 7,500.00 75.00 $ 5,625.00 $ $125.00 $9,375.00 103 REMOVE SIGN PANEL 40 EA $120.00 $4,800.00 $100.00 $4,000.00 $105.00 $4,200.00 $127.20 $5,088.00 100.00 4,000.00 120.00 $ 4,800.00 $ $100.00 $4,000.00 104 INSTALL NEW SIGN PANEL ON EXISTING POST 30 EA $200.00 $6,000.00 $100.00 $3,000.00 $105.00 $3,150.00 $212.00 $6,360.00 100.00 3,000.00 200.00 $ 6,000.00 $ $100.00 $3,000.00 105 BAY TRAIL SIGN NO LOGO (MEDIUM) 26 EA $350.00 $9,100.00 $375.00 $9,750.00 $367.50 $9,555.00 $371.00 $9,646.00 400.00 10,400.00 350.00 $ 9,100.00 $ $375.00 $9,750.00 106 BAY TRAIL SIGN NO LOGO (LARGE) 1 EA $350.00 $350.00 $375.00 $375.00 $367.50 $367.50 $371.00 $371.00 400.00 400.00 350.00 $ 350.00 $ $350.00 $350.00 107 BIORETENTION AREA 7,000 SF $29.69 $207,830.00 $22.00 $154,000.00 $21.00 $147,000.00 $12.99 $90,930.00 30.00 210,000.00 22.00 $ 154,000.00 $ $35.38 $247,660.00 108 IRRIGATION SYSTEM (LANDSCAPE PLANS) 1 LS $433,800.00 $433,800.00 $433,800.00 $433,800.00 $325,000.00 $325,000.00 $482,088.00 $482,088.00 300,000.00 300,000.00 442,950.00 $ 442,950.00 $ $433,800.00 $433,800.00 109 PLANTING (LANDSCAPE PLANS) 1 LS $435,000.00 $435,000.00 $435,000.00 $435,000.00 $650,000.00 $650,000.00 $483,360.00 $483,360.00 400,000.00 400,000.00 438,950.00 $ 438,950.00 $ $435,000.00 $435,000.00 110 PLANTING (CIVIL PLANS) 1 LS $45,000.00 $45,000.00 $45,000.00 $45,000.00 $77,000.00 $77,000.00 $47,700.00 $47,700.00 45,000.00 45,000.00 46,200.00 $ 46,200.00 $ $45,000.00 $45,000.00 111 VEGETATED SWALE EROSION CONTROL 1 LS $21,304.66 $21,304.66 $3,000.00 $3,000.00 $17,000.00 $17,000.00 $3,180.00 $3,180.00 2,000.00 2,000.00 3,500.00 $ 3,500.00 $ $3,000.00 $3,000.00 112 PLANT ESTABLISHMENT PERIOD (1 YEAR) (LANDSCAPE PLANS) 1 LS $26,700.00 $26,700.00 $26,700.00 $26,700.00 $50,000.00 $50,000.00 $28,302.00 $28,302.00 25,000.00 25,000.00 26,700.00 $ 26,700.00 $ $26,700.00 $26,700.00 113 PLANT ESTABLISHMENT PERIOD (1 YEAR) (CIVIL PLANS) 1 LS $26,700.00 $26,700.00 $26,700.00 $26,700.00 $20,000.00 $20,000.00 $28,302.00 $28,302.00 25,000.00 25,000.00 26,700.00 $ 26,700.00 $ $26,700.00 $26,700.00 114 REMOVABLE BOLLARD 24 EA $3,500.00 $84,000.00 $1,500.00 $36,000.00 $3,000.00 $72,000.00 $1,272.00 $30,528.00 3,000.00 72,000.00 1,300.00 $ 31,200.00 $ $6,800.00 $163,200.00 115 TRAFFIC SIGNAL MODIFICATION AT EASTIN DR/LOWRY RD 1 LS $45,000.00 $45,000.00 $55,650.00 $55,650.00 $58,400.00 $58,400.00 $42,400.00 $42,400.00 50,000.00 50,000.00 46,500.00 $ 46,500.00 $ $40,000.00 $40,000.00 City Council/RSA Agenda 60 Tuesday, February 27, 2024
Item No. Bid Item Estimated
Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Fifth-De Silva Gates
Construction LLC
Sixth-Redgwick Construction
Company
Lowest Bid-Bay Cities Paving Seventh-Ghilotti Bros., Inc. & Grading , Inc.
Second-Ghilotti Construction
Company
Third- McGuire and Hester Fourth-Patriot Contracting, Inc. 116 TRAFFIC SIGNAL MODIFICATION AT ROCKLIN DR 1 LS $275,000.00 $275,000.00 $289,250.00 $289,250.00 $303,000.00 $303,000.00 $302,100.00 $302,100.00 275,000.00 275,000.00 276,950.00 $ 276,950.00 $ $285,000.00 $285,000.00 117 TRAFFIC SIGNAL MODIFICATION AT DELORES DR 1 LS $110,000.00 $110,000.00 $84,850.00 $84,850.00 $89,000.00 $89,000.00 $153,700.00 $153,700.00 75,000.00 75,000.00 114,950.00 $ 114,950.00 $ $145,000.00 $145,000.00 118 TRAFFIC SIGNAL MODIFICATION AT DYER ST 1 LS $200,000.00 $200,000.00 $250,875.00 $250,875.00 $263,000.00 $263,000.00 $196,100.00 $196,100.00 250,000.00 250,000.00 209,500.00 $ 209,500.00 $ $185,000.00 $185,000.00 119 TRAFFIC SIGNAL MODIFICATION AT JEAN DR 1 LS $100,000.00 $100,000.00 $97,600.00 $97,600.00 $102,000.00 $102,000.00 $153,700.00 $153,700.00 75,000.00 75,000.00 109,500.00 $ 109,500.00 $ $145,000.00 $145,000.00 120 TRAFFIC SIGNAL MODIFICATION AT REGENTS BLVD 1 LS $85,000.00 $85,000.00 $76,725.00 $76,725.00 $80,000.00 $80,000.00 $121,900.00 $121,900.00 75,000.00 75,000.00 86,500.00 $ 86,500.00 $ $115,000.00 $115,000.00 121 TRAFFIC SIGNAL MODIFICATION AT ALVARADO BLVD 1 LS $110,000.00 $110,000.00 $107,750.00 $107,750.00 $113,000.00 $113,000.00 $132,500.00 $132,500.00 100,000.00 100,000.00 119,500.00 $ 119,500.00 $ $125,000.00 $125,000.00 122 TRAFFIC SIGNAL MODIFICATION AT HORNER STREET 1 LS $100,000.00 $100,000.00 $87,550.00 $87,550.00 $92,000.00 $92,000.00 $127,200.00 $127,200.00 75,000.00 75,000.00 109,500.00 $ 109,500.00 $ $120,000.00 $120,000.00 123 TRAFFIC SIGNAL MODIFICATION AT CAMBRIDGE WAY-SMITH STREET 1 LS $45,000.00 $45,000.00 $49,150.00 $49,150.00 $51,000.00 $51,000.00 $53,000.00 $53,000.00 50,000.00 50,000.00 47,500.00 $ 47,500.00 $ $50,000.00 $50,000.00 124 MODIFY STREET LIGHTING SYSTEM 1 LS $1,100,000.00 $1,100,000.00 $1,129,450.00 $1,129,450.00 $1,185,000.00 $1,185,000.00 $1,362,100.00 $1,362,100.00 1,000,000.00 1,000,000.00 1,112,950.00 $ 1,112,950.00 $ $1,185,000.00 $1,185,000.00 125 RADAR SPEED FEEDBACK SIGN SYSTEM 1 LS $50,000.00 $50,000.00 $54,500.00 $54,500.00 $57,200.00 $57,200.00 $68,900.00 $68,900.00 50,000.00 50,000.00 59,500.00 $ 59,500.00 $ $65,000.00 $65,000.00 126 3" SCHEDULE 80 HDPE CONDUIT 2300 LF $79.00 $181,700.00 $77.00 $177,100.00 $80.85 $185,955.00 $90.10 $207,230.00 75.00 172,500.00 82.50 $ 189,750.00 $ $80.00 $184,000.00 127 2" SCHEDULE 80 HDPE CONDUIT 750 EA $70.00 $52,500.00 $75.00 $56,250.00 $78.75 $59,062.50 $79.50 $59,625.00 75.00 56,250.00 76.50 $ 57,375.00 $ $71.00 $53,250.00 128 N48E PULL BOX 10 EA $3,650.00 $36,500.00 $4,675.00 $46,750.00 $4,900.00 $49,000.00 $2,400.90 $24,009.00 4,000.00 40,000.00 3,650.00 $ 36,500.00 $ $3,950.00 $39,500.00 129 No. 6E PULL BOX 40 EA $1,950.00 $78,000.00 $2,150.00 $86,000.00 $2,260.00 $90,400.00 $1,961.00 $78,440.00 2,000.00 80,000.00 1,950.00 $ 78,000.00 $ $1,975.00 $79,000.00 130 MODIFY INTERCONNECT SYSTEM 1 LS $240,000.00 $240,000.00 $262,000.00 $262,000.00 $378,000.00 $378,000.00 $259,700.00 $259,700.00 250,000.00 250,000.00 242,500.00 $ 242,500.00 $ $245,000.00 $245,000.00 TOTAL $17,049,000.00 $17,260,159.86 $17,341,890.00 $17,629,260.74 17,666,666.00 19,087,475.00 $ $19,198,201.01 Note: Yellow highlights indicate the discrepancies in the submitted bid proposal.
City Council/RSA Agenda 61 Tuesday, February 27, 2024
Agenda Item
DATE: 2/27/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A REIMBURSEMENT PAYMENT IN THE AMOUNT OF $291,676.73 TO THE ALAMEDA COUNTY WATER
DISTRICT PURSUANT TO THE COOPERATIVE AGREEMENT FOR COST
SHARING FOR PAVEMENT WORK FOR THE ALVARADO-NILES PIPELINE SEISMIC IMPROVEMENT PROJECT (ACWD JOB 21192), AND APPROVING AN APPRORIATION IN THE AMOUNT OF $291,676.73 FROM THE ALLIED WASTE VEHICLE FEE FUND BALANCE FOR FISCAL YEAR 2023-2024 TO THE SMITH STREET RESTORATION PROJECT, CITY PROJECT NO. 24-05 Staff recommends that the City Council adopt a resolution approving a reimbursement payment in the amount of $291,676.73 to the Alameda County Water District (AWCD) pursuant to the Cooperative Agreement Cost Sharing for Pavement Work for the Alvarado-Niles Pipeline Seismic Improvement Project (ACWD Job 21192), and approving an appropriation in the amount of $291,676.73 from the Allied Waste Vehicle Fee Fund balance for FiscalYear 2023-2024 to the Smith Street Restoration Project, City Project No. 24-05.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
In 2020-2021, the Alameda County Water District (ACWD) began construction of their Alvarado-Niles Pipeline Seismic Improvement Project, from Union City Boulevard to Central Avenue, as part of their Main Renewal and Seismic Upgrade Program (MRSUP) within Union City, see Attachment 1 for Project Title Sheet.
The project included installation of a new steel waterline pipe for appropriately 3.5 miles. Phase I was completed in July 2021 and included previously negotiated surface improvements within the City’s right-of-way, including partial roadway resurfacing, special stamping details for the crosswalks along Smith Street in the Old Alvarado Historic City Council/RSA Agenda 62 Tuesday, February 27, 2024
Neighborhood from Vallejo Street to Fredi Street, and other associated additional roadway work.
The construction by ACWD’s contractor required partial closure or full closure of various Smith Street blocks, impacting businesses and residents in the area. Public Works had planned to rehabilitate Smith Street as part of the Capital Improvement Program (CIP) but deferred this pavement maintenance project untilcompletion of ACWD’s pipeline seismic project. To avoid impacting the Old Alvarado District, again, in the near future, Public Works staff began discussions with ACWD staff regarding inclusion of the Smith Street Rehabilitation Project within ACWD’s pipeline seismic construction.
ACWD was receptive to the City’s request for these improvements and relayed the work to their Prime Contractor, Garney Construction. The ACWD’s roadway work was an opportunity for the City to make these pavement improvements that would otherwise not have been made for a long period of time. Both parties agreed that the City would reimburse ACWD for the work performed.
DISCUSSION
On June 22, 2021, the City Council adopted Resolution No. 5790-21, approving a Reimbursement Agreement with Alameda County Water District (ACWD) for the for the restoration of Smith Street in conjunction with ACWD’s Alvarado-Niles Road Pipeline Seismic Improvement Project, in an amount not to exceed $436,466.86, which was the estimate provided by the Contractor. The reimbursement agreement was in the form of a letter reviewed and approved by the City Attorney and signed by City Manager with an understanding that ACWD would be preparing a formal reimbursement agreement in the near future. The letter was a commitment to ACWD that the City would reimburse ACWD for the Smith Street pavement restoration before construction in early July 2021. Also, said Resolution identified funding from the Annual Overlay Program, City Project No. 20-01, for FiscalYear 2019-2020 and FiscalYear 2020-2021.
In late 2023, the City received the first draft of the ACWD’s Cost Sharing Agreement for Paving Work for the Alvarado Niles Seismic Improvement Project (ACWD Job 21192) (see Exhibit A). Public Works staff was pleased to find out that the actualconstruction cost for the Smith Street paving work was $291,676.73, a savings of approximately 33% (see Exhibit C of the Cost Sharing Agreement). The entire budget for the Annual Overlay Program, City Project No. 20-01, was transferred to the Annual Overlay Program, City Project No. 23-01 and has since been exhausted, requiring Public Works staff to seek funds from other pavement improvement accounts.
FISCAL IMPACT
The reimbursement payment to Alameda County Water District in the amount of $291,676.73 will be funded from the fund balance of the Allied Waste Vehicle Fee Fund (Account Number 2620-3199-9999-54111) for the Smith Street Restoration Project, City Project No. 24-05 for Fiscal Year 2023-2024. There is no impact to the General Fund.
RECOMMENDATION
Staff recommends that the City Counciladopt a Resolution:
1. Approving a reimbursement payment, in the amount of $291,676.73, pursuant to the Cooperative Agreement Cost Sharing for Pavement Work for the Alvarado-Niles Pipeline Seismic Improvement Project (ACWD Job 21192), for the work performed by Alameda County Water District on the City’s behalf as part of their project; and
2. Authorizing the appropriation of $291,676.73 from of the fund balance of the Allied Waste Vehicle Fee Fund for Fiscal Year 2023-2024 to the Smith Street Restoration Project, City Project No. 24-05 (Account City Council/RSA Agenda 63 Tuesday, February 27, 2024
Number 2620-3199-92405-54111).
Prepared by:
Trieu Tran, Civil Engineer III
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 -ANRPipeline Seismic Project Title Sheet Attachment Draft Resolution Resolution
Exhibit A - CooperativeAgreement Exhibit
City Council/RSA Agenda 64 Tuesday, February 27, 2024
City Council/RSA Agenda 65 Tuesday, February 27, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING A REIMBURSEMENT PAYMENT, IN THE AMOUNT OF
$291,676.73, TO THE ALAMEDA COUNTY WATER DISTRICT
PURSUANT TO THE COOPERATIVE AGREEMENT FOR COST
SHARING FOR PAVEMENT WORK FOR THE ALVARADO-NILES
PIPELINE SEISMIC IMPROVEMENT PROJECT (ACWD JOB 21192),
AND APPROVING AN APPROPRIATION OF $291,676.73 FROM THE
ALLIED WASTE VEHICLE FEE FUND BALANCE FOR FISCAL YEAR
2023-2024 TO THE SMITH STREET RESTORATION PROJECT, CITY PROJECT NO. 24-05
WHEREAS, in June 2020, the City issued an Encroachment Permit to Alameda County Water District (ACWD) for the construction of their Alvarado-Niles Pipeline Seismic Improvement Project, Phase 1, which consisted of the installation of a 14-inch diameter potable water pipe along Smith Street between Union City Boulevard and Union Pacific Railroad (UPRR) tracks west of Dyer Street; and
WHEREAS, the permit conditions required the restoration of the roadway and other facilities impacted during the construction, including repaving the entire travel lane that is trenched and replacing the stamped and colored crosswalks on Smith Street; and WHEREAS, the City had initially included Smith Street in the citywide overlay project (City Project No. 17-01) but deferred the project in anticipation of ACWD’s project; and WHEREAS, the City took the opportunity to improve the surface level infrastructure within the Old Alvarado Historic Neighborhood (Smith Street), including replacing curbs & gutters, roadway surfacing, and special crosswalk stamping, that were within the construction area of ACWD’s project by sending a proposal to ACWD from their contractor, Garney Construction, Inc., on the City’s behalf, to include the cost of the City’s future repaving effort in their current scope; and
WHEREAS, on June 22, 2021, the City Council adopted Resolution No. 5790-21, approving a Reimburse Agreement with Alameda County Water District (ACWD) for the restoration of Smith Street in conjunction with ACWD’s Alvarado-Niles Road Pipeline Seismic Improvement Project, in an amount not to exceed $ 436,466.86; and WHEREAS, in Resolution No. 5790-21, the reimbursement agreement was in the form of a letter reviewed and approved by the City Attorney and signed by the City Manager with an understanding that ACWD would be preparing a formal reimbursement agreement in the near future; and
WHEREAS, the aforementioned resolution also identified funding the pavement restoration of Smith Street with the Annual Overlay Program, City Project No. 20-01, for Fiscal Year 2019-2020 and Fiscal Year 2020-2021; and
WHEREAS, in FY 2020-2021, ACWD began construction of their Alvarado-Niles Pipeline Seismic Improvement Project, Phase 1, completing work in July 2021, including pavement improvements within the City’s right-of-way; and City Council/RSA Agenda 66 Tuesday, February 27, 2024
Resolution XXXX-24
WHEREAS, City and ACWD staff were required to coordinate and review the contractor’s construction documents, quantities, and progress payments specifically for the Smith Street pavement restoration work to determine reimbursement amount resulting in administrative delays and continued negotiations between ACWD and the City; and WHEREAS, in late 2023, ACWD provided Public Works with an initial cooperative agreement with the estimated cost for the paving work on Smith Street for City’s review and comments; and
WHEREAS, in late January 2024, ACWD submitted the final Cooperative Agreement between the City of Union City and the Alameda Water District, ACWD Cost Sharing for Paving Work for the Alvarado-Niles Pipeline Seismic Improvement Project (ACWD Job 21192) (“Agreement”), see Exhibit A; and
WHEREAS, said Agreement identifies the actual reimbursement cost for Smith Street pavement restoration as $291,676.73, an estimated cost savings of $144,790 (33%) below the original estimate; and
WHEREAS, on August 8, 2023, the City Council of Union City adopted Resolution No. 6184-23, approving the award of the construction contract to G. Bortolotto & Company, Inc. in the amount of $2,077,831 for the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01, and approving a total construction budget in the amount of $2,400,000, exhausting all project funds for Fiscal Year 2023-24 pavement overlay, which included funds transferred from FY2019-2020 through FY2022-2023; and
WHEREAS, the reimbursement amount of $291,676.73 for the Smith Street Restoration Project, City Project No. 24-05, is available in the Allied Waste Vehicle Fee Fund (Account 2620) from the fund balance for Fiscal Year 2023-2024; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves a reimbursement payment, in the amount of $291,676.73, pursuant to the Union City-ACWD Cooperative Agreement Cost Sharing for Pavement Work for the AlvaradoNiles Pipeline Seismic Improvement Project (ACWD Job 21192), see Exhibit A for the work ACWD performed on the City’s behalf; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the appropriation from the fund balance of the Allied Waste Vehicle Fee Fund for the reimbursement payment, in the amount of $291,676.73 to the Smith Street Restoration Project, City Project No. 24-05 (Account Number 2620-3199-92405-54111).
City Council/RSA Agenda 67 Tuesday, February 27, 2024
Resolution XXXX-24
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 27th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A - Cooperative Agreement between the City of Union City and the Alameda Water District, ACWD
City Council/RSA Agenda 68 Tuesday, February 27, 2024
COOPERATIVE AGREEMENT
BETWEEN CITY OF UNION CITY AND THE ALAMEDA COUNTY WATER
ACWD FOR COST SHARING FOR PAVING WORK FOR THE ALVARADO NILES
PIPELINE SEISMIC IMPROVEMENT PROJECT
(ACWD Job 21192)
This “Cooperative Agreement for the Alvarado Niles Pipeline Seismic Improvement Project (ACWD Job 21192)” (“Agreement”) is made and entered into by and between the City of Union City, a municipal corporation (“City”), and the Alameda County Water (ACWD), a county water ACWD duly organized and existing under the County Water ACWD Law (being Division 12 of the Water Code of the State of California), (“ACWD”). City and ACWD may be collectively referred to herein as the “Parties.”
RECITALS
A. As part of its Main Renewal Program, ACWD caused the construction of improvements to its water system within the City right-of-way including within Smith Street between Union City Boulevard and the Union Pacific Railroad (UPRR) tracks, and within Alvarado Niles Road between the UPRR tracks and Santa Maria Drive, and between Almaden Boulevard and Central Avenue. The work included installation of new 14 and 16-inch water mains, fire hydrants and hydrant laterals, water service laterals, and related appurtenances, and removal from service of existing 6-inch, 14-inch and 16-inch water mains (ACWD Job 21192). The work was performed by Garney Pacific, Inc. (Garney) under contract with ACWD.
B. The scope of work within the City’s right-of-way included demolition of existing pavement and concrete, trench excavation, installation, testing, and disinfection of water pipe and appurtenances, and restoration of the pavement and concrete to the City’s standards. The City authorized the demolition and restoration of its improvements (concrete curb, gutter, sidewalk, and median, and asphalt concrete paving) as part of the project via an encroachment permit.
C. The project work commenced in May 2020 and was largely completed in July 2021. Garney installed pipe and appurtenances on Smith Street between the UPRR tracks and Union City Boulevard in the winter of 2020-2021 and spring of 2021. Prior to restoration of the City’s improvements in this area, the City requested that ACWD have Garney perform additional work on the City’s behalf, for the City’s benefit and at the City’s cost. Because the restoration work to be performed by Garney on ACWD’s behalf would significantly impact traffic on Smith Street, and because the City had planned to perform its own pavement restoration work on Smith Street in the future, independent of ACWD’s project, the City desired to take advantage of the traffic disruptions that would occur as part of ACWD’s project and have Garney perform pavement improvements on Smith Street outside of ACWD’s restoration area.
D. The additional work requested of ACWD by the City for its benefit and at its cost consisted of the following work on Smith Street between the UPRR tracks and Union City Boulevard, and outside of the area to be restored by the ACWD as part of its project: asphalt concrete grind and overlay from curb to curb, decorative crosswalk restoration (stamping, coloring), deep DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 4888
City Council/RSA Agenda 69 Tuesday, February 27, 2024
Alvarado Niles Pipeline Seismic Improvement Project Smith Street Paving
pavement section removal and replacement in areas of suspected subbase failure, and associated ancillary work such as raising and lowering of iron manholes, valve pots, and other objects that would interfere with or be damaged by the paving operation.
E. To minimize the impacts to the public who would be inconvenienced by two successive pavement projects on Smith Street (ACWD’s restoration, and future paving by the City), and in a spirit of partnership and cooperation, ACWD agreed to the City’s request to have Garney perform additional work on the City’s behalf. Given the very short time between the City’s request and the planned execution of the work, it was not possible to execute a formal agreement between the Parties without significantly disrupting the construction operation and schedule. Accordingly, in advance of the restoration work, the City and ACWD agreed, via a countersigned letter (which is attached as Exhibit A, and referred to herein as “2021 Letter Agreement” and is incorporated by this reference), to subsequently execute a formal agreement memorializing the terms contained in Exhibit A under which the City would reimburse the ACWD for the costs associated with the paving work performed by the ACWD’s contractor on the City’s behalf. ACWD and City staff who signed the letter were authorized to do so by the ACWD’s Board of Directors (June 10, 2021 Board meeting), and the City’s City Council (City Council meeting of June 22, 2021), respectively.
F. The 2021 Letter Agreement included a cost estimate of $311,762.04 for the work requested by and to be performed solely for the benefit of the City, with a contingency of $124,704.82 for unexpected or additional costs that could be incurred during prosecution of the work for the City. The combined value of the cost estimate plus contingency is $436,466.86, referred to herein as the Compensation Limit.
G. The work requested of ACWD by the City has been completed to the satisfaction of both parties. This agreement documents the extent of work completed, the compensation amount due to ACWD from the City, compensation terms, and other ancillary items.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS IDENTIFIED HEREIN,
THE PARTIES HEREBY AGREE AS FOLLOWS:
1. DESCRIPTION OF WORK AREA.
1.1 The area that the City requested via the Letter Agreement be improved at its cost and for its benefit is defined herein as the City’s Improvement Area.
1.2 The outline of the City’s Improvement Area is generally described as follows and is as generally shown on Exhibit B: that area of Smith Street, starting at the north-south trending, easternmost crosswalk line, or “stop line” at the intersection of Smith Street with Union City Boulevard, and terminating 120 feet west of the centerline of the westernmost UPRR track, from the edge of asphalt pavement on the north side of the street to the edge of asphalt pavement at the south side of the street and additionally, inclusive of and three feet beyond the east-west trending stamped asphalt crosswalks at DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 70 Tuesday, February 27, 2024
Alvarado Niles Pipeline Seismic Improvement Project Smith Street Paving
the intersections of Smith Street with Vallejo Street, Watkins Street, and Fredi Street; at Granger Street, to the stop lines on Granger Street at its intersection with Smith Street.
The City’s improvement area excludes the following areas already planned to be restored by the ACWD: grind and overlay along the pipeline alignment, to a width of approximately 11 feet, and grind and overlay with a minimum width of three feet at lateral connections at cross streets, services, air valve piping, and fire hydrant laterals.
2. EXTENT OF WORK REQUESTED AND COMPLETED.
2.1 The work requested by the City, addressed in the 2021 Letter Agreement, and performed by Garney on behalf of the City is described below. The cost as contained in the 2021 Letter Agreement, the as-installed cost requested by Garney, and the final cost as negotiated between ACWD and Garney are as described in Exhibit C.
2.1.1 Survey, temporary lowering and, following paving, raising of appurtenances on Smith Street to facilitate grinding of the existing asphalt to a depth of 1.5 inches, including, but not limited to, existing valve pots, monuments, manholes and other improvements that would be damaged by the grinding operations. Installation and removal of false bottoms in manholes.
2.1.2 Coordination with Union Sanitary District (USD) and procuring a permit from USD in connection with USD’s inspection and evaluation of USD-owned improvements within the work area.
2.1.3 Grinding, removal, and legal disposal of existing asphalt concrete to a depth of
1.5 inches, and installation of asphalt concrete overlay and pavement striping.
2.1.4 Decorative stamping of asphalt with the same pattern and location as existing decorative crosswalks as partial restoration of the crosswalk appearance.
2.1.5 Garney support of subcontractors and associated indirect costs, and traffic control.
2.2 The work requested by the City within and outside the City’s Improvement Area, included in the 2021 Letter Agreement, subject to an equal cost share between the Parties and completed by Garney is as follows:
2.2.1 Application of TrafficPatternsLT color product to entirety of the stamped asphalt crosswalks
2.3 The work requested by the City after execution of the 2021 Letter Agreement, outside the City’s Improvement Area as defined in the Letter Agreement, and completed at the City’s cost by Garney is as follows:
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2.3.1 Additional 1.5-inch grind and overlay performed between the City’s Improvement Area, and the UPRR tracks, performed at the request of the City representative at a field meeting in advance of performance of the work.
2.3.2 Additional pavement striping performed at the request of the City’s field representative during execution of the other work on the City’s behalf.
2.4 Additional materials were required to perform the City’s work, at the City’s cost, but were not requested by the City and were not included in the 2021 Letter Agreement, as follows:
2.4.1 Additional asphalt concrete overlay materials. In order to meet the geometric requirements of Smith Street as it existed in the field, and solely because the City requested a curb-to-curb grind and overlay, Garney was required to increase the overlay thickness from 1.5 inches to three or more inches in certain locations. An increase in materials of variable depth up to the aforementioned three inches occurred across the entire street, which includes both the ACWD’s project area, and the City’s Restoration Area outside the ACWD’s project area (trench restoration area).
2.5 The work requested by the City within the City’s Improvement Area at the City’s cost, included in the 2021 Letter Agreement, and not completed by Garney is as follows:
2.5.1 Traffic signal loop restoration at the intersection of Smith Street and Union City Boulevard was not performed because it was discovered that no traffic signal loop exists at this location.
2.5.2 Dig-out, offhaul and legal disposal of existing asphalt to a depth of six inches, and paving asphalt concrete to a depth of six inches over an area of 800 square feet was not performed because once the grinding occurred it was determined by the City representative that this restoration was not necessary.
3. CLAIMS FROM THE PUBLIC.
3.1 Four claims from business owners or members of the public were filed with the ACWD that are associated with disruption of business operations in connection with the joint City and ACWD paving on Smith Street. One claim was settled and paid and the other three were dismissed. Given that both parties benefited from the paving work that disrupted Smith Street residents and businesses, City agrees to share 50 percent of the cost of the successful claim brought against the ACWD for impacts of the paving on Smith Street.
3.2 The full amount of the settled claim is as follows:
Hippies Brew: $2,112.37 (Settled and paid by ACWD)
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4. DELAY AND NEGOTIATION WITH GARNEY.
4.1 Garney advised the ACWD that various conditions of the project resulted in delay or consequential impact for which Garney requested extended overhead cost compensation.
Garney indicated that some project delay was attributed to the addition of the City’s paving work.
4.2 Garney and the ACWD negotiated final costs pertaining to various items of in-scope work, out-of-scope work, differing field conditions, and delay. The completed negotiations resulted in a credit to the District from Garney for work performed on the City’s behalf. That credit is reflected in Exhibit C and is deducted from the total amount owed by the City. The negotiations eliminated any delay costs associated with work performed on the City’s behalf. No delay costs are passed to the City.
5. WARRANTY.
5.1 ACWD’s contract with Garney included a one-year warranty period commencing on the date of acceptance of the work by ACWD. However, given that the work performed on behalf of the City has been in service since July 2020 the City agrees that any modifications to or repair of the work executed on Smith Street by the ACWD’s contractor at the City’s request and for the City’s benefit will be the sole responsibility of the City.
6. REIMBURSEMENT.
6.1 The City agrees to compensate the ACWD within 45 days of receipt of undisputed invoices from the ACWD.
7. PREVAILING WAGE AND PUBLIC WORKS REQUIREMENTS.
7.1 The construction of the project was completed in 2021. ACWD complied with all applicable California Labor Code requirements for public works projects for the construction of the project, including but not limited to prevailing wages, licensure with the Contractors State License Board, and registration with the Department of Industrial Relations. ACWD’s contract with Garney, for example, included the requirements to be licensed with the Contractors State License Board, to pay prevailing wages, to maintain accurate payroll records, and to be registered with the Department of Industrial Relations.
8. RESOLUTION OF DISPUTES. In the event the Parties should disagree regarding implementation of this Agreement, the Parties agree to use the following dispute resolution procedure.
8.1 At least one individual in a senior management position from each party will meet, in person or via commonly available electronic conferencing tools, and attempt to resolve the dispute informally.
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Alvarado Niles Pipeline Seismic Improvement Project Smith Street Paving
8.2 If the initial meeting does not resolve the dispute, the City’s City Manager and ACWD’s General Manager will meet, in person or via commonly available electronic conferencing tools, and attempt to resolve the dispute informally.
8.3 If the meeting with the City Manager and General Manager does not resolve the dispute, the matter shall be referred to a mediation with a representative from JAMS (a company providing dispute resolution services) with JAMS' fees to be split equally between the City and ACWD.
8.4 If neither the staff meetings nor the meditation results in resolution of the dispute, the Parties shall have the right to exercise any of its remedies available under law.
9. GENERAL PROVISIONS.
9.1 RELATIONSHIP BETWEEN THE PARTIES. This Agreement does not create any partnership or agency between the parties.
9.1.1 ACWD is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, and contractors, including any negligent acts or omissions. ACWD is not City's agent, and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever.
9.1.2 City is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, and contractors, including any negligent acts or omissions.
City is not ACWD's agent, and shall have no authority to act on behalf of ACWD, or to bind ACWD to any obligation whatsoever.
9.2 AUTHORIZED REPRESENTATIVES.
9.2.1 All ACWD services under this Agreement shall be performed by, or under the direct supervision of, ACWD's Authorized Representative, Rekha Ippagunta, Project Engineering Manager, unless otherwise designated in writing by ACWD's Authorized Representative or the General Manager.
9.2.2 All City services under this Agreement shall be performed by, or under the direct supervision of, the City's Authorized Representative, Marilou Ayupan, Public Works Director, unless otherwise designated in writing by the City's Authorized Representative or the City Manager.
9.3 INDEMNIFICATION.
9.3.1 Pursuant to Government Code section 895.4, City shall indemnify, hold harmless, and defend ACWD (including its elected officials, officers, agents and employees) from and against any and all claim (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney’s fees) resulting or arising from the City’s negligent acts or omissions in the performance of contract administration under this Agreement.
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Alvarado Niles Pipeline Seismic Improvement Project Smith Street Paving
9.3.2 Pursuant to Government Code section 895.4, ACWD shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney's fees) resulting or arising from ACWD's negligent performance or failure to perform, under this Agreement.
9.4 TERM OF THE AGREEMENT. The term of this Agreement shall commence on the date last signed by the parties, below, and shall continue until completion of all the obligations of the parties under this Agreement.
9.5 ACCOUNTING RECORDS. The parties shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four years. The parties' accounting records shall include, at a minimum, all documents which support the costs and expenses related to the work performed by ACWD for the sole benefit of the City under this Agreement, including personnel, contractors, invoices and payments, and reimbursable expenses.
Each party's accounting records shall be made available to the other party within a reasonable time after request, during normal business hours.
9.6 NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.
To: City To: ACWD
Attn: City Manager Attn: General Manager
City of Union City Alameda County Water District
34009 Alvarado Niles Road P.O. Box 5110
Union City, CA 94587 Fremont, CA 94537-5110
9.7 SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement.
9.8 GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 75 Tuesday, February 27, 2024
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related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.
9.9 ASSIGNMENT AND DELEGATION. This Agreement, nor any portion thereof, shall not be assigned or transferred, nor shall any of a Party's duties be delegated, without the written consent of the other Party. Any attempt to assign or delegate this Agreement without the written consent of the other Party shall be void and of no force or effect. A consent by a party to one assignment shall not be deemed to be a consent to any subsequent assignment.
9.10 MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.
9.11 WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
9.12 ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the matters described herein. This Agreement supersedes all prior negotiations, Agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.
9.13 EACH PARTY'S ROLE IN DRAFTING THE AGREEMENT. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement.
Accordingly, neither party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of the Agreement.
9.14 COUNTERPART SIGNATURES. The parties hereto recognize and agree that separate counterpart signature pages may be used but that all such pages constitute one and the same Agreement.
9.15 SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the ACWD and the City.
This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
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Alvarado Niles Pipeline Seismic Improvement Project Smith Street Paving IN WITNESS WHEREOF, the City and ACWD do hereby agree to the full performance of the terms set forth herein.
CITY OF UNION CITY ALAMEDA COUNTY WATER DISTRICT
By: By:
Joan Malloy Ed Stevenson
Title: City Manager Title: General Manager
Date____________________________ Date____________________________ DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 Approved as to form:
By: ____________________________
Kristopher J. Kokotaylo
Title: City Attorney
Attested:
By:_____________________________
Jennifer Phan
Title: Acting City Clerk
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 1/29/2024 2/14/2024
Attested:
By:____________________________
Marian Hsu
Title: District Secretary
City Council/RSA Agenda 77 Tuesday, February 27, 2024
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EXHIBIT A
2021 Letter Agreement Between Alameda County Water
ACWD and City of Union City
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DIRECTORS
AZIZ AKBARI
JAMES G. GUNTHER
JUDY C. HUANG
PAUL SETHY
JOHN H. WEED
(510) 668- - www.acwd.org
MANAGEMENT
ROBERT SHAVER
General Manager
KURT ARENDS
Operations and Maintenance
LAURA J. HIDAS
Water Resources
ED STEVENSON
Engineering and Technology Services
JONATHAN WUNDERLICH
Finance
June 14, 2021
VIA ELECTRONIC MAIL
Ms. Joan Malloy ([email protected])
City Manager
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Dear Ms. Malloy:
Subject: Letter City of Union City Requested Restoration Work on Smith Street in conjunction with the Alvarado Niles Pipeline Seismic Improvement Project, Job 21192 (District ) contractor, Garney Construction, Inc. (Garney), is currently nearing completion of the construction of the Alvarado-Niles Pipeline Seismic Improvement Project, Phase 1. The project includes the installation of a 14-inch diameter potable water pipe and appurtenances on Smith Street between the Union Pacific Railroad (UPRR) tracks and Union City Boulevard, among other work. As part of the restoration work on Smith Street associated with the pipeline installation, the with Garney requires the restoration of the existing street pavement in the vicinity of the trench with a deep asphalt concrete section and a 1.5-inch grind and an 11-foot-wide asphalt overlay. The contract also requires restoration of the stamped asphalt crosswalks in the areas where they were demolished by the trenching operation.
The City of Union City (City) has requested that the District have Garney perform additional asphalt concrete grind and overlay of Smith Street between the UPRR tracks and Union City pavement restoration work. It is understood that this
work will be performed for benefit as this additional paving work will assist the City in meeting its pavement restoration goals in a cost efficient manner by taking advantage of traffic controls, mobilization and demobilization, and other costs and activities that are already part of . The Union City City Manager will recommend that the City Council authorize the City Manager to enter into an agreement to reimburse the District for this additional work. The result would include repaving the entire width of the street, rather than only the portions affected by the Dist
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City of Union City
June 14, 2021
The consists of the following:
City Improvement Area: that area of Smith Street, starting at the north-south trending, at the intersection of Smith Street with Union
City Boulevard, and terminating at the pipeline tie-in point, approximately 85 feet west of the centerline of the westernmost UPRR track, from the edge of asphalt pavement on the north side of the street to the edge of asphalt pavement at the south side of the street and additionally, inclusive of and three feet beyond the east-west trending stamped asphalt crosswalks at the intersections of Smith Street with Vallejo Street, Watkins Street, and Fredi Street; at Granger Street, to the stop lines on Granger Street at its intersection with Smith Street; and, excluding the following areas already planned to be restored by the District: an 11-foot wide area centered on the pipeline with the start and termination points at Union City Boulevard and the UPRR track as delineated above; pavement sections approximately three feet wide located outside of the 11-foot wide section and associated with each water line service and each fire hydrant installed on Smith Street; and, pavement sections approximately five feet wide located at the connections of the new pipeline on Smith Street to the existing pipelines on those streets connecting to Smith Street, outside the 11-foot wide section.
The City has requested that the District have Garney perform the Improvement Area for its benefit:
1. Temporary lowering and, following paving, raising of appurtenances on Smith Street to facilitate grinding of the existing asphalt to a depth of 1.5 inches, including, but not limited to, existing valve pots, monuments, manholes and other improvements that would be damaged by the grinding operations;
2. Installation of false bottoms in manholes;
3. Coordination with Union Sanitary District (USD) in connection with inspection and evaluation of USD-owned improvements within items 1 and 2 above, and procuring a permit from USD addressing the items in this paragraph;
4. Grinding, offhaul, and legal disposal of existing asphalt concrete to a depth of 1.5 inches;
5. Procurement, delivery, and paving asphalt concrete meeting current City standards of 1.5- inch lift of asphalt concrete;
6. Dig-out, offhaul, and legal disposal of existing asphalt to a depth of six inches, and paving asphalt concrete to a depth of six inches over an area of 800 square feet; and
7. Decorative stamping of asphalt with the same pattern and location as existing decorative crosswalks.
Additionally, the City and District have agreed to share equally the cost associated with the application of TrafficPatternsLT color product to the entirety of the stamped asphalt crosswalks, . This work would follow the paving work described above. The contractor's proposal for the work requested by and for the benefit of the City is attached as Exhibit A.
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 80 Tuesday, February 27, 2024
City of Union City
June 14, 2021
By signing this letter, the City Manager concurs with the aforementioned scope of work that The City Manager also agrees to recommend that the
City Council authorize the City Manager to execute an agreement on behalf of the City, in a form approved by the City Attorney, for the following:
To reimburse the District up to $311,762.04 for items 1 through 7 above, including an allowance of up to $10,000 for items 1 through 3 associated with USD-related work, and the shared cost associated with the crosswalk coloring.
To reimburse the District, up to an allowance of 40 percent of the total cost of the work within the Ci and on behalf of the City and the
shared cost of the crosswalk coloring, for additional costs that may be incurred by Garney should there be a change in the and for
the benefit of the City. This allowance would also include 50 percent of the cost of asphalt testing on Smith Street (up to an anticipated maximum allowance of $5,000 allocated to the City of Union City). With the inclusion of the allowance, the City would agree to compensate the District up to $ 436,466.86 for the aforementioned work.
By: By: _______________________ ________________________ Joan Malloy Robert Shaver
City Manager General Manager
City of Union City Alameda County Water District
Date: June 15, 2021 Date: __________________
3787702.1
June 15, 2021
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 81 Tuesday, February 27, 2024
324 E. 11th St, Suite E2, Tracy, CA 95376
Phone: 925-800-1848
Fax: 925-292-7216
www.garney.com
Date: 06/03/2021
Alameda County Water District
43885 South Grimmer Boulevard
Fremont, CA 94538
RE: Alvarado-Nile Pipeline Seismic Improvement Project
Subject: Additional Smith Street Overlay Per Request
The following breakdown of costs covers all scope of work and support outside of the original contract scope with respect to completion of full grind and overlay of Smith Street roadway from Union City Blvd heading east to the railroad tracks. The included backup includes grind and overlay, additional stamping work and associated traffic control, striping, lower/raise of iron/monuments and support costs for Garney operations.
The summary sheet indicates all subcontract and Garney performed work while the support is separate and includes markups per project specifications. The subtotals are indicated below:
Garney support - $4,445.32/day for 7 total days equating to $ 31,117.24 Subcontract and Garney field work (excluding crosswalk coloring/stamping) - $ 188,843.50 Subtotal of work requested - $ 219,960.74
The asphalt impressions scope is attached, but not priced into the cover sheet with the remaining items as it seems certain aspects will be shared by the district and Union City.
From Garney s perspective, the added stamping and coloring costs outside of the contractual trench-line is $ 126,654.15 bringing the grand total of work requested for the overlay scope to $ 346,614.89.
Sincerely,
Clinton Gust
Clinton Gust
Project Manager
775-813-7056
City of Union City's Portion of this proposal
$219,960.74 from above
$10,000.00 Union Sanitary District Allowance
$36,948.45 City crosswalk stamping from next page
$44,852.85 City's half of crosswalk color from next page $311,762.04 total CUC portion without allowance
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 82 Tuesday, February 27, 2024
Job Title & Location:
CA PROPOSAL#:
Submitted to: Contact Information:
Phone#: ext.
Attn: Mobile#:
Additional#:
CA Fax#:
Email: Website:
We have included the following items in our proposed price:
Bid Item UM
TP 01
SF
TC for
TP 01
Day
TP 02
SF
TC for
TP 02
Day
TP 03
SF
TC for
TP 03
Day
°
°
°
°
Total TP 02 $35,189.00
Traffic Control for Trench portion - Price includes four traffic controllers; 2 traffic control trucks; FAS (Arrowboard); and traffic control equipment (cones, signs, and barricades). Price excludes traffic control plans, permits, and fees. Customer may choose to provide traffic control with his own forces.
3 $4,080.00 $12,240.00
Traffic Control Option - Price includes four traffic controllers; 2 traffic control trucks; FAS (Arrowboard); and traffic control equipment (cones, signs, and barricades). Price excludes traffic control plans, permits, and fees. Customer may choose to provide traffic control with his own forces. 4 $4,084.00 $16,336.00
Total TP 01 $24,318.00
Asphalt Impressions Inc.
8150 37th Avenue, Sacramento, CA 95824-2306
Phone: (916) 383.0441 Fax: (916) 381.3448
Internet: www.acstamp.com CA License # 900385 A, C12, C32 Union Signatory Contractor
Contractor's Registration #1000002092
Proposal Date:
Jun-03-21 Jul-03-21
925.315.4205
775.813.7056
925.800.1846
Alvarado Niles Pipeline Improvement Project
Smith Street
Union City
[email protected]
Garney Construction
Clinton Gust
324 E. 11th St, Suite E2
Tracy 64118
20169DBG R2.1
Job Total
Asphalt Impressions is a certified applicator of Ennis-Flint® TrafficScapes Thermoplastics products.
Stamp and Apply TrafficPatternsLT to Trench Area - Standard Pattern to match existing. Color to be Terracotta. Product to be TrafficPatterns LT by Ennis-Flint.
Place and Melt TrafficPatternsLT to Remaining Crosswalk Areas - Color to be Terracotta. Product to be TrafficPatterns LT by Ennis-Flint. 4,436 $16.50 $73,194.00 732 $16.50 $12,078.00
Specific Conditions Unique To This Proposal:
Valid Through:
$12,240.00
Stamp Remaining Crosswalk Areas - Standard Pattern to match existing. Product to be TrafficPatterns LT by Ennis-Flint. 4,436 $4.25 $18,853.00 Description Quantity Unit Price Total Price
$144,941.00
Pricing based on performing all items concurrently. Pricing only valid if all TP bid items are awarded.
Total TP 03 $85,434.00
Traffic Control Option - Price includes four traffic controllers; 2 traffic control trucks; FAS (Arrowboard); and traffic control equipment (cones, signs, and barricades). Price excludes traffic control plans, permits, and fees. Customer may choose to provide traffic control with his own forces. 3 $4,080.00
Customer is to provide proposed schedule or a notice of anticipated month, day and year for commencement of Asphalt Impressions' work. If a schedule or notice is not provided, Asphalt Impressions does not have an obligation to meet project schedule deadlines and will not be subjected to Liquidated damages and/or backcharges. Schedules, notices or changes of expected start date must be issued at minimum eight (8) weeks prior to expected actual start date.
No sealcoat is to be applied at the location of the asphalt enhancements. It will be the customer's responsibility to ensure that no sealcoat is applied within those limits.
For any unit price prevailing agreements that are less than 5,000 Square feet, the following condition applies: Any changes to the scope of work which reduces the quantity greater than 25% will subject the unit price to an increase. Asphalt Impressions will have the rights to increase its unit price or add additional charges.
Proposal AI Master R2.xlsx Page 1 of 3 6/3/2021 - 9:42 AM DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 83 Tuesday, February 27, 2024
PROJECT: PROJECT NUMBER
OWNER: 21192/1184
CONTRACTOR: Pricing Request
PM
Subcontractor
Direct Cost
$ 5,500.00
$ 33,145.20
$ 113,850.00
$ (39,839.25)
$ 11,865.00
$ 30,500.00
$ 7,500.00
$ 6,610.00
$ 10,720.00
Subtotal of Field Tags
25% on Subtotal $16,000
20% Markup After $16,000
Subcontractor Cost Subtotal
Subcontractor 5% Markup
Markup Total
Grand Total
Contractor: By
Date:
By By
Date Date
Approved for Payment by Approved for Payment by
[OWNER] [ENGINEER/CM]
009 TBD "Dig out" grind and replacement based on provided areas $ - Alvarado-Niles Pipeline Seismic Improvement Project
Alameda County Water District
Garney Construction
Clint Gust
001 TBD Additional traffic control for additional day of paving overlay only. $ - SCOPE:
Pavement restoration additional costs. Backup per MCK and AI attached. Pricing includes new tonnage pricing for additional overlay requested, additional days of traffic control to support. Crosswalks to be replaced in full to offset costs in hand work and conform grinding.
Extra Work
Tag # Date Performed Description of Work Completed Subtotal of Field Tag Direct Costs $ 188,843.50
$ 8,992.55
$ -
$ -
$ -
$ 179,850.95
$ 8,992.55
002 TBD Full mill 1.5" depth - estimated SF $ -
Garney Construction CLINT GUST
May 28, 2021 CLINT GUST
003 TBD Pricing for additional overlay requested via Union City $ - 004 TBD Deduct of 1.5" mill and overlay per original contract scope $ - 006
005 TBD Additional striping outside the original scope of work and asphalt replacement sections $ -
008 TBD Loop replacement at Smith St and Union City Blvd. $ - TBD Lower and raise utilities outside of normal scope of work $ - 007 TBD Survey verification prior to and post lower/raise monuments $ - DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 84 Tuesday, February 27, 2024
PROPOSAL 5/27/2021
Job Name UC
Bid Date
30 Days
DIR# 1000002375 Scope:
Railroad Tracks to Union City Blvd
Bid Item Description QTY UNIT PRICE LINE TOTAL
1 TC/Partial LS 1 5,500.00 $ $5,500.00
2 Full Mill 1.5" (Estimate) SF 73,656 0.45 $ $33,145.20 3 1.5" Overlay - Virgin AC TN 690 165.00 $ $113,850.00
4 Lower and Raise Utilities Water Valve,
Monument boxes EA 5 1,000.00 $ $5,000.00
5 Lower and Raise Manhole Frame and
Cover EA 17 1,500.00 $ $25,500.00
Ded 1 1.5" Mill Lane width - District Cost
(1815' x 11' W) SF -19965 0.45 $ -$8,984.25
Ded 2 1.5" AC Cap - District Portion TN -187 165.00 $ -$30,855.00 Note:
All decorative crosswalks on Smith St.
to be removed as part of this work.
Replacement by others.
Work must take place at the same
timing as the trench restoration. No
remob to complete this work
TOTAL $143,155.95
EXLUSIONS:
Signature Authorizing Work: Date:
Estimator
May 12, 2021
MCK needs 6 weeks notification prior to mobilization.
PH: 925-957-9200 Dave Praklet
1. All Permits and License Fees, Bonds, Insurance Waiver of Subrogation Fees, Resident Notices, As-builts, LCP
2. Specialty Signage, Perminant Signage and Striping, Fog Seal, Prime Coat SC-70, AC Dike, Routing for Crack Sealing
4. Grading and staking, Off-haul of Contaminated Material
5. SWPPP/WPCP, DI protection
6. Water Source and Meter for Equipment.
7. Traffic Control Plan, Bathrooms, CMS boards, Light Tower
9. AC plug at new curb and Gutter
10. Any Sawcutting Required.
11. Night and Weekend Work
12. Police for Traffic Control if required.
13. Towing of Cars
14. AC testing and Inspections. Including QC/QA, QCP, Profilograph and Diamond Grinding
15. AC leveling Course
16. Clear and Grub
17. No Petromat export unless clearly included in MCK proposal.
18. Grinding of concrete gutter pans unless specifically identified and quantified as its own pay item.
19. Replacement or touch up of any decorative crosswalks
1. Based on 1 Move-ins
2. AC price based on rack asphalt oil price at time of bid. For every $25 increase Asphalt will increse $2.00 Ton
3. Payment to be made in full within 30 Days
4. Specifications associated with bid items listed above
5. Cutback tapers required for Paving Work
6. Contractor to provide water source and meter.
7. Temporary Floppies and Tape
8. Traffic Control for AC scope only
9. USA of utilities for our scope only.
10. Quantities are estimated. No actual quantities provided. Tonnage based on
11. All Lowering and Raising of utility iron. Tie-off of Utilities located outside of trench scope of work.
SPECIAL CONDITIONS:
UNIT
1.5" Full Mill and Overlay
Lic# 783116
Alvarado Niles Rd Pipeline
Fax : 925-957-9292 EXPIRATION DATE
Concord, CA 94524
P.0. Box 5697
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 85 Tuesday, February 27, 2024
Job Title: Alvarado-Niles Pipeline Project 21192
Work Performed by: Garney Construction Work Modification Order No.
Date performed: Date of Report:
Labor Surcharge Rate: 10%
Emp. No. Craft Int Last Name Rate (Reg) Hours Extended
Total Code Make Model Time Rate Amount
1 2
3 4
5 6
7 8
9 10
Subtotal Labor: $ - Subtotal Equipment: $ -
Vendor/Contractor Invoice # Date Unit Cost Units Total Cost Invoice # Date Unit Cost Units Total Cost TBD TBD $ 1 7,500.00 7,500.00 $ - $
$ - - $
$ - - $
$ - - $
$ 7,500.00 Subtotal Material: $ -
Direct Labor Cost Subtotal:
Labor Surcharge:* 10.00%
Direct Equipment / Material Cost Subtotal: Approved for Payment Direct Subcontractor Cost Subtotal:
Labor/Equip/Material Costs Subtotal:
Subcontractor Markup 5%
25% Markup if Subtotal $16,000:
20% Markup if Subtotal $16,000:
TOTAL THIS REPORT: Page ___ of ___
* Check ACWD Contract & DOT Labor Surcharge & Equipment Rental Rates for applicable rates. $7,875.00
$0.00
$375.00
Contractor's Authorized
Representative District's Authorized Representative District Project Manager Subcontractor Subtotal:
COST SUMMARY W/STD & SUBCONTRACTOR MARKUPS
$0.00
$0.00
$0.00
$7,500.00
Delta Survey Verification of monuments prior/post overlay SUBCONTRACTOR/VENDOR SUPPLIED MATERIAL & LABOR MATERIAL (Lump Sum or Unit Price Payment) Description Vendor Description
Rate (OT) OT Hours Class
ACWD Job No.:
Estimate
TBD
Description of Work: Survey verification prior to and post overlay work for two total monuments in proposed overlay area.
LABOR EQUIPMENT
ROM Estimate
ACWD Form #902, Pave 6in Concrete Section - ROM Estimate Original - ACWD, Copy - Contractor DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 86 Tuesday, February 27, 2024
Job Title: Alvarado-Niles Pipeline Project 21192
Work Performed by: Garney Construction Work Modification Order No.
Date performed: Date of Report:
Labor Surcharge Rate: 10%
Emp. No. Craft Int Last Name Rate (Reg) Hours Extended
Total Code Make Model Time Rate Amount
1 2
3 4
5 6
7 8
9 10
Subtotal Labor: $ - Subtotal Equipment: $ -
Vendor/Contractor Invoice # Date Unit Cost Units Total Cost Invoice # Date Unit Cost Units Total Cost TBD TBD $ 1 6,610.00 6,610.00 $ - $
$ - - $
$ - - $
$ - - $
$ 6,610.00 Subtotal Material: $ -
Direct Labor Cost Subtotal:
Labor Surcharge:* 10.00%
Direct Equipment / Material Cost Subtotal: Approved for Payment Direct Subcontractor Cost Subtotal:
Labor/Equip/Material Costs Subtotal:
Subcontractor Markup 5%
25% Markup if Subtotal $16,000:
20% Markup if Subtotal $16,000:
TOTAL THIS REPORT: Page ___ of ___
* Check ACWD Contract & DOT Labor Surcharge & Equipment Rental Rates for applicable rates. $6,940.50
$0.00
$330.50
Contractor's Authorized
Representative District's Authorized Representative District Project Manager Subcontractor Subtotal:
COST SUMMARY W/STD & SUBCONTRACTOR MARKUPS
$0.00
$0.00
$0.00
$6,610.00
St. Francis 8 Loops with mobilization
SUBCONTRACTOR/VENDOR SUPPLIED MATERIAL & LABOR MATERIAL (Lump Sum or Unit Price Payment) Description Vendor Description
Rate (OT) OT Hours Class
ACWD Job No.:
ROM Estimate
TBD
Description of Work: Replace 8 loops at Smith and Union City Blvd.
LABOR EQUIPMENT
ROM Estimate
ACWD Form #902, Pave 6in Concrete Section - ROM Estimate Original - ACWD, Copy - Contractor DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 87 Tuesday, February 27, 2024
Job Title: Alvarado-Niles Pipeline Project 21192
Work Performed by: Garney Construction Work Modification Order No.
Date performed: Date of Report:
Labor Surcharge Rate: 10%
Emp. No. Craft Int Last Name Rate (Reg) Hours Extended
Total Code Make Model Time Rate Amount
1 2
3 4
5 6
7 8
9 10
Subtotal Labor: $ - Subtotal Equipment: $ -
Vendor/Contractor Invoice # Date Unit Cost Units Total Cost Invoice # Date Unit Cost Units Total Cost TBD TBD $ 800 10,720.00 13.40 $ - $
$ - - $
$ - - $
$ - - $
$ 10,720.00 Subtotal Material: $ -
Direct Labor Cost Subtotal:
Labor Surcharge:* 10.00%
Direct Equipment / Material Cost Subtotal: Approved for Payment Direct Subcontractor Cost Subtotal:
Labor/Equip/Material Costs Subtotal:
Subcontractor Markup 5%
25% Markup if Subtotal $16,000:
20% Markup if Subtotal $16,000:
TOTAL THIS REPORT: Page ___ of ___
* Check ACWD Contract & DOT Labor Surcharge & Equipment Rental Rates for applicable rates. $11,256.00
$0.00
$536.00
Contractor's Authorized
Representative District's Authorized Representative District Project Manager Subcontractor Subtotal:
COST SUMMARY W/STD & SUBCONTRACTOR MARKUPS
$0.00
$0.00
$0.00
$10,720.00
MCK Approximate dig-out SF provided by Union City
SUBCONTRACTOR/VENDOR SUPPLIED MATERIAL & LABOR MATERIAL (Lump Sum or Unit Price Payment) Description Vendor Description
Rate (OT) OT Hours Class
ACWD Job No.:
TBD
TBD
Description of Work: MCK to grind out and replace "dig-out" sections per areas provided by Union City.
LABOR EQUIPMENT
ROM Estimate
ACWD Form #902, Pave 6in Concrete Section - ROM Estimate Original - ACWD, Copy - Contractor DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 88 Tuesday, February 27, 2024
PROPOSAL 6/3/2021
Job Name UC
PCO
30 Days
DIR# 1000002375 Attn:
Bid Item Description QTY UNIT PRICE LINE TOTAL
A33 Base Repairs approx 6" deep or down
to concrete base SF 800 13.40 $ $10,720.00
TOTAL $10,720.00
EXLUSIONS:
Signature Authorizing Work: Date:
June 3, 2021
ESTIMATING
Lic# 783116
Alvarado Niles Rd Pipeline
EXPIRATION DATE
1. Based on 1 Move-ins
2. AC price based on rack asphalt oil price at time of bid. For every $25 increase Asphalt will increse $2.00 Ton
3. Payment to be made in full within 30 Days
4. Specifications associated with bid items listed above
5. Cutback tapers required for Paving Work
6. Contractor to provide water source and meter.
7. Temporary Floppies and Tape
8. Traffic Control for AC scope only
9. USA of utilities for our scope only.
SPECIAL CONDITIONS:
UNIT
Estimator
Fax : 925-957-9292
Concord, CA 94524
P.0. Box 5697
MCK needs 6 weeks notification prior to mobilization.
PH: 925-957-9200 Dave Praklet
1. All Permits and License Fees, Bonds, Insurance Waiver of Subrogation Fees, Resident Notices, As-builts, LCP
2. Specialty Signage, Perminant Signage and Striping, Fog Seal, Prime Coat SC-70, AC Dike, Routing for Crack Sealing
3. All Lowering and Raising of utility iron. Tie-off of Utilities
4. Grading and staking, Off-haul of Contaminated Material
5. SWPPP/WPCP, DI protection
6. Water Source and Meter for Equipment.
7. Traffic Control Plan, Bathrooms, CMS boards, Light Tower
8. Striping or Marker Removal. Temporary Paint Striping
9. AC plug at new curb and Gutter
10. Any Sawcutting Required.
11. Night and Weekend Work
12. Police for Traffic Control if required.
13. Towing of Cars
14. AC testing and Inspections. Including QC/QA, QCP, Profilograph and Diamond Grinding
15. AC leveling Course
16. Clear and Grub
17. No Petromat export unless clearly included in MCK proposal.
18. Grinding of concrete gutter pans unless specifically identified and quantified as its own pay item.
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 89 Tuesday, February 27, 2024
DATE
1/23/2020
Item Unit Qty. Price Total
A39 EA 15 595.00 $ 8,925.00 $
YES NO
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
New Conduit
Day Work
General Gives 3 Weeks Advance Notice for Scheduling SFE Work Type 1or 2 Wire Only / Hot Rubber Or Asphaltic Emulsion Only Attenuator Truck, Portable Changeable Message Signs, SWPPP or WPCP Plan SFE Traffic Control ( Our Work )
Saw Cut Detector Loops
Off Haul Spoils
General to Provide SFE Day of Traffic Control
Install Loop Wire and Splice to Existing Labeled DLC Cabled No Retention
Permit and bond Fees
New DLC Cable Installed & Termination
[email protected]
New Detector Hand Hole (DH)
Fax 510-639-4653
975 Carden St San Leandro Ca. 94577
If you have any questions call Jesus Avila @ 510-750-8283 Lic# 1003811 Bond Rate 1%
CA DIR # 1000022208 Exp. 6-30-20
Alameda County Water District Alvarado Niles Pipeline Seismic Improvements Project 21192 Description
Expoxy Loop Filler / Elastomeric Loop Sealer
Loops Not Visable Cut During The Repairs Are Not SFE Fault & will Replace At unit Price Removal of Any Asphalt or Cold Patch From Conform Areas for Loop Installation New Pull box Installation
Concrete or Asphalt Replacement
ID Existing DLC Cables For Splicing in Loops
Installation of Piezo Axcel Sensors
Addendum
SCOPE OF WORK
Testing and Inspection Fees / Railroad Permits and Bond Fees / Railroad Flaggers layout Loop Detectors With Inspector
******SFE Layout lane lines,Stop Bar,Cat Tracking******* Survey,Post No Parking Signs, Traffic Control Plans, Police Officers for Traffic Control Traffic Detector Loops
***$1850.00 Re-Mob Charge if lane Lines/ Stop Bar Not Laid out Day of Scheduled Work Date *** **** lane lines,Stop Bar,Cat Tracking Must be Laid Out By Others Prior to Scheduled Start Date **** DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 90 Tuesday, February 27, 2024
GENERAL CONDITIONS
Project: 1184 - Alavarado-Niles Seismic Improvement Project Days Description Unit Cost Amount Subtotal
Project Personnel:
1 Project Manager - Clint Gust Daily 100% $701.23 $701.23
0.25 General Superintendent - Greg Lutes Daily 100% $1,025.38 $256.35 1 Project Engineer - Melinda Ray Daily 100% $449.84 $449.84 1 Superintendent - Brian Thompson Daily 100% $793.85 $793.85 Subtotal Project Personnel: $2,201.27
Surcharge 10% $220.13
Total W/LS $2,421.39
Total $2,421.39
Trucks/Vehicles Allowance Fuel
1 Project Manager Daily 100% $52.50 $25.00 $77.50
0.25 General Superintendent Daily 100% $63.00 $40.00 $55.75 1 Superintendent Daily 100% $63.00 $40.00 $103.00
1 Project Engineer Daily 100% $40.00 $25.00 $65.00
Subtotal Trucks/Vehicles $301.25
Total $301.25
Project Administration
0 Lodging - Project Manager Daily 100% $71.43 $0.00
Subtotal Project Administration $0.00
Total $0.00
Temporary Utilities
1 Electrical - PG&E Daily 100% $5.29 $5.29
1 United Site Services Daily 100% $2.89 $2.89
Subtotal Temporary Utilities $8.18
Total $8.18
Temporary Field Office & Equipment
1 Field Office Trailer - Garney Daily 100% $33.60 $33.60 0 Temp Office Copier Daily 100% $0.00 $0.00
2 Temp Toilet & Hand Wash Daily 100% $12.55 $25.11
2 Rock Entrance Plates Daily 100% $15.47 $30.93
3 Connex Boxes - EA Daily 100% $6.42 $19.27
1 Temporary Fence Rental Daily 100% $13.65 $13.65
2 Fuel Storage Tank Daily 100% $5.73 $11.47
1 Smith and Dowe Street Construction Yards Daily 100% $309.33 $309.33 Subtotal Field Office & Equipment $443.37
Total $443.37
Other
1 10 Yard Dumpster Daily 100% $38.32 $38.32
Subtotal Other $38.32
Total $38.32
Total General Conditions Per Day $3,212.51
Bonds & Insurance @ 2.5% $80.31
TOTAL DAILY $3,292.83
Subtotal 1 Days Total $3,292.83
Markup $ 823.21
$ -
Additional 10% Allowance for Consumables $ 329.28
Grand Total $ 4,445.32
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 91 Tuesday, February 27, 2024
Alvarado Niles Pipeline Seismic Improvement Project Smith Street Paving
EXHIBIT B
City Restoration Area
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 92 Tuesday, February 27, 2024
*
The area excluded from the City Improvement Area is generally described as follows: grind and overlay along the pipeline alignment, to a width of approximately 11 feet, and grind and overlay with a width with a likely minimum of three feet at at lateral connections at cross streets, services, air valve piping, and fire hydrant laterals *
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 93 Tuesday, February 27, 2024
Alvarado Niles Pipeline Seismic Improvement Project Smith Street Paving
EXHIBIT C
Costs Associated with Components of Work
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 94 Tuesday, February 27, 2024
City of Union City Agreement with ACWD for Smith Street Paving Exhibit C
June 14, 2021 Actual Cost Actual Cost
Letter Expended by Expended by Negotiated
Agreement Agreement Garney Garney Payment by
Paragraph Component of Work Cost Breakdown Total Cost Breakdown Total ACWD Garney Support of Work on City Behalf
2.1.5 Garney Support of work on City Behalf $31,117.24 $31,117.24 $31,117.24 $31,117.24 $31,117.24
Subcontract and Garney Field Work
2.1.5 Additional traffic control $5,775.00 $5,775.00
2.1.1 Lower and raising appurtenances $32,025.00 $32,550.00
2.1.1 Survey for lower and raise appurtenance $7,875.00 $7,875.00
2.1.3 Asphalt 1.5‐inch grind and overlay $112,513.75 $144,341.51
2.1.3 Striping in City work area $12,458.25 $13,718.25
2.5.2 Deep lift asphalt dig‐out $11,256.00 $0.00
2.5.1 Traffic Loop Replacement $6,940.50 $0.00
$188,843.50 $204,259.76 $170,647.00
USD Coordination and Permit
2.1.2 USD Coordination and permit $10,000.00 $7,055.00
$10,000.00 $7,055.00 $7,055.00
City Crosswalk Stamping
2.1.4 Stamp Crosswalk $36,948.45 $36,948.45
$36,948.45 $36,948.45 $36,948.45
City Half of Crosswalk Color
2.2.1 City portion TrafficPatternsLT color $44,852.85 $44,852.85 $44,852.85 $44,852.85 $44,852.85
Total $311,762.04 $311,762.04 $324,233.30 $324,233.30 $290,620.54 Total Cost of City of UC Work $324,233.30
Negotiated Cost of City of UC Work $290,620.54
50% of Settled Claims $1,056.19
Total Cost to City $291,676.73
DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 DocuSign Envelope ID: E3741420-EB6C-4467-9866-E16E18D380B7 City Council/RSA Agenda 95 Tuesday, February 27, 2024
Agenda Item
DATE: 2/27/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A LEGAL SERVICES
AGREEMENT WITH REDWOOD PUBLIC LAW LLP FOR KRISTOPHER
KOKOTAYLO TO CONTINUE SERVING AS CITYATTORNEY
Kristopher Kokotaylo has served as City Attorney since 2017 through a legal services agreement with the law firm Meyers Nave and has been providing legal services to Union City since 2013. The City Attorney and City Manager are the two positions in the City that are directly hired by the City Council. Mr. Kokotaylo is transitioning to a new law firm, Redwood Public Law LLP, and the City Council has now expressed a desire for Mr. Kokotaylo to continue serving as City Attorney. A new legal services agreement with Redwood Public Law has been prepared and reviewed by outside counsel. The agreement contains the same existing rates as those that exist with Meyers Nave and there will thus be no fiscal impact as a result of this agreement.
Additionally, other substantive provisions are unchanged between agreements. Staff recommends that the City Council adopt a Resolution authorizing a legal services agreement with Redwood Public Law LLP for Kristopher Kokotaylo to continue serving as City Attorney.
STRATEGIC PLAN ALIGNMENT
The proposed action is not directly related to the Strategic Plan.
BACKGROUND
In July 2013, Mr. Kokotaylo began working with Union City with Benjamin Reyes, the City Attorney at the time, through the City’s contract with Meyers Nave. Shortly thereafter, Mr. Kokotaylo was appointed Deputy City Attorney by the City Council. On March 22, 2017, Governor Brown appointed Benjamin Reyes as Judge of the Superior Court for the State of California where he currently serves in Contra Costa County.
The City Council appointed Mr. Kokotaylo as City Attorney following Judge Reyes’ appointment and has served in that role since then through the City’s legal services agreement with Meyers Nave. He has thus been providing legal services to Union City for over a decade. Mr. Kokotaylo informed the City of his transition City Council/RSA Agenda 96 Tuesday, February 27, 2024
from Meyers Nave to Redwood Public Law in early February.
DISCUSSION
The City Council met in closed session on February 13, 2024 to discuss Mr. Kokotaylo’s transition. At the conclusion of the meeting, the City Council expressed a desire for Mr. Kokotaylo to continue serving as City Attorney through an agreement with Redwood Public Law. Redwood Public Law is a law firm that is focused on public agency representation and will include, in addition to Mr. Kokotaylo, a number of other attorneys that serve as city attorney for cities throughout the Bay Area and beyond. Alex Mog, Union City’s current Deputy City Attorney, will be joining Redwood Public Law as well.
Mr. Kokotaylo is an experienced attorney who has provided legal services to the City for nearly 11 years.
Over that period of time, Mr. Kokotaylo has consistently provided excellent and timely legal services to the City, managing the full range of legal issues the City faces. As the City Council reported out following Mr.
Kokotaylo’s most recent closed session performance evaluation on August 8, 2023, the City Council unanimously provided Mr. Kokotaylo with an “outstanding” review.
A legal services agreement was prepared and has been reviewed by special outside counsel, the Law Office of Jennifer E. Faught. The legal services agreement with Redwood Public Law provides the same substantive terms as the City’s agreement with Meyers Nave, thus there will be no fiscal impact. Because Mr. Kokotaylo is directly appointed by and serves at the pleasure of the City Council, the agreement with Redwood Public Law remains in effect until terminated by the City Council.
FISCAL IMPACT
There are no direct fiscal impacts as a result of the City approving the proposed agreement as the rates for legal services are unchanged.
RECOMMENDATION
Consistent with City Council direction, staff recommends that the City Council adopt the proposed resolution authorizing a legal services agreement with Redwood Public Law LLP for Kristopher Kokotaylo to continue serving as City Attorney.
Prepared by:
Jennifer Faught, Outside Counsel
Submitted by:
Joan Malloy, City Manager
ATTACHMENTS:
Description Type
Resolution - Redwood Public Law Resolution
Exhibit A - Redwood Public Law Contract Exhibit
City Council/RSA Agenda 97 Tuesday, February 27, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AUTHORIZING A LEGAL SERVICES
AGREEMENT WITH REDWOOD PUBLIC LAW LLP FOR
KRISTOPHER J. KOKOTAYLO TO CONTINUE SERVING
AS CITY ATTORNEY
WHEREAS, the City Council of the City of Union City appointed Kristopher J.
Kokotaylo as City Attorney on September 26, 2017; and
WHEREAS, Mr. Kokotaylo has been providing legal services to the City of Union City for over a decade through the law firm of Meyers Nave; and WHEREAS, Mr. Kokotaylo is leaving Meyers Nave to join Redwood Public Law LLP effective at the end of business on March 14, 2024; and WHEREAS, Mr. Kokotaylo possesses the education, qualifications, and experience necessary to serve as City Attorney, and during his most recent performance evaluation on August 8, 2023, the City Council unanimously provided Mr. Kokotaylo with an “outstanding” review; and
WHEREAS, the City Council desires to have Mr. Kokotaylo continue serving as City Attorney through an agreement with Redwood Public Law LLP; and WHEREAS, Kristopher J. Kokotaylo has previously taken the oath of office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the Mayor to execute an agreement with Redwood Public Law LLP, effective March 15, 2024, and in a form approved by outside counsel, Jennifer Faught, for Kristopher Kokotaylo to continue serving as City Attorney and provide other legal services as necessary, attached as Exhibit A.
City Council/RSA Agenda 98 Tuesday, February 27, 2024
Resolution No. XXXX-24
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 27th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 99 Tuesday, February 27, 2024
Agreement For Legal Services Between Page 1 of 7
City of Union City and Redwood Public Law, LLP
AGREEMENT FOR LEGAL SERVICES BETWEEN
THE CITY OF UNION CITY AND
REDWOOD PUBLIC LAW, LLP
This is an Agreement for Legal Services entered into this 15th day of March, 2024 by and between the CITY OF UNION CITY hereinafter collectively referred to as “CITY” and REDWOOD PUBLIC LAW, a Limited Liability Partnership, hereinafter referred to as “ATTORNEYS.”
1. Legal Service to be Provided: CITY hires ATTORNEYS to provide legal services as counsel to the CITY. As requested by the CITY, such duties shall include preparation and review of ordinances contracts, leases, resolutions and other documents of legal import; attendance at all City Council and staff meetings; rendition of legal opinions and advice on matters of City business; representation in litigation to which the CITY is a party; and such other duties or services generally performed by a general counsel and necessary to assist the CITY in achieving its goals in a sound legal manner.
2. Appointment of City Attorney. CITY, by and through its City Council, does hereby continue the appointment of Kristopher J. Kokotaylo as City Attorney of the City of Union City. Mr.
Kokotaylo will serve as the primary resource for the CITY and will either provide or coordinate and supervise the provision of all legal services.
3. Legal Fees.
A. There will be a distinction for services between Routine Municipal Legal Services, Non-Routine Municipal Legal Services, and Cost Recovery Matters and an hourly rate or range of rates is established for each which is provided for in Exhibit A to this Agreement, which shall be annually adjusted by 3% or the Bay Area CPI, whichever is less.
B. "Routine Municipal Legal Services" will be defined as including but not limited to:
1. Attendance at all City Council and Planning Commission regular and special meetings, as requested;
2. receive and respond to inquiries from councilmembers;
3. attendance at staff meetings, as requested;
4. preparation of a report of pending legal actions as part of the annual audit;
5. providing advice and consultation regarding routine personnel matters and labor relations matters;
6. preparation and/or review of agendas;
City Council/RSA Agenda 100 Tuesday, February 27, 2024
Agreement For Legal Services Between Page 2 of 7
City of Union City and Redwood Public Law, LLP
7. preparation and/or review of routine ordinances, resolutions, staff reports, agreements, public notices, leases, and certificates;
8. meet regularly with the City Manager to keep abreast of City developments/issues;
9. review of correspondence to City and City Attorney, and preparation of responses as appropriate;
10. attend to daily email and phone communications with staff; attention to routine conflict of interest and Brown Act issues; assist with routine Public Records Act requests;
11. review of routine correspondence; review of new legislation and court decisions affecting the City;
12. assisting with Candidate Orientation or New Councilmember’s Orientation.
C. "Routine Municipal Legal Services" will refer to those matters that can be completed in less than two (2) hours' time and that are unrelated to an existing or developing matter that falls under "Non-Routine Municipal Legal Services" set forth in "D", below.
D. "Non-Routine Municipal Legal Services" will be defined as including but not limited to:
1. preparation, prosecution and defense of litigation, including the representation of City officials and employees, as appropriate and necessary;
2. representation at administrative and regulatory hearings;
3. CEQA and other environmental analyses;
4. public property acquisition and disposal (including eminent domain proceedings);
5. attention to other property matters of a "non-routine" nature;
6. advice regarding specialized employment issues, personnel disciplinary matters;
7. non-routine land use and development projects and entitlements;
8. redevelopment matters; affordable housing matters;
9. construction disputes;
City Council/RSA Agenda 101 Tuesday, February 27, 2024
Agreement For Legal Services Between Page 3 of 7
City of Union City and Redwood Public Law, LLP
10. annexations or municipal financing matters; non-routine Code Enforcement matters;
11. re-codification or ordinances or development of new ordinances or legislative drafting requiring more than "routine" legal research;
12. opinion letters or memos that require more than "routine" legal research; all cost-recovery matters;
13 Public Finance (bond counsel and disclosure counsel);
14. appellate counsel services.
E. "Cost Recovery Matters" will be those where the CITY can pass costs on to third parties or to sources other than general fund revenue, such as development agreements; assessments, taxes and other financing mechanisms; and, similar matters.
4. Costs and Expenses. In addition to payment of legal fees, CITY shall reimburse ATTORNEYS for all reasonable costs incurred in the course of providing legal services to CITY.
Such costs include all third-party expenses, such as duplicating, delivery charges, computerized legal research, postage charges, travel expenses and court costs. Costs for third-party expenses under $100 will be paid by ATTORNEYS and reimbursed by the CITY. Costs for third-party expenses that exceed $100 will be paid by CITY.
ATTORNEYS will not charge travel time for attending regularly scheduled meetings in the City or office hours. ATTORNEYS will charge travel time for attending meetings for “cost recovery” work, for meetings outside the City, and for non-regular (special) meetings.
5. Statements. ATTORNEYS shall bill the CITY monthly on or about the first (1st) of the month for fees and costs incurred. Services shall be separately stated as to time, date and particular services rendered. ATTORNEYS will provide CITY’s City Manager with such additional information as deemed necessary on an on-going basis to provide CITY with current information regarding current legal costs and anticipated legal costs for the remainder of the fiscal year.
CITY shall pay ATTORNEYS’ statement within thirty days of rendition.
6. Discharge and Withdrawal. CITY may discharge ATTORNEYS at any time.
ATTORNEYS may withdraw with CITY’S consent or in the absence of such consent at any time following thirty days’ prior written notice.
7. No Guarantee. ATTORNEYS agree to provide conscientious, competent and diligent services and at all times will seek to achieve solutions which are just and reasonable.
However, because of the uncertainty of legal proceedings, the interpretation and changes in the law and many unknown factors, ATTORNEYS cannot and do not warrant, predict or guarantee results or the final outcome of any case or matter.
City Council/RSA Agenda 102 Tuesday, February 27, 2024
Agreement For Legal Services Between Page 4 of 7
City of Union City and Redwood Public Law, LLP
8. Assignment of Agreement. ATTORNEYS shall not assign or transfer any interest in, nor delegate any duties thereof in this Agreement, without the prior express written consent of the City.
9. Independent Contractor. ATTORNEYS hereby declare that they are engaged in an independent business and agree to perform said services as an independent contractor and not as the agent, servant or employee of the CITY. ATTORNEYS agree to be solely responsible for their own matters relating to payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. ATTORNEYS agree to be solely responsible for their own acts and those of their subordinates and employees during the life of this Agreement. ATTORNEYS hereby waive all entitlements under the Public Employees Retirement System, which may accrue pursuant to retirement statutes as a function of this contractual relationship with the CITY.
10. Conflicts of Interest. ATTORNEYS covenant that they presently have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services hereunder.
11. Nondiscrimination. ATTORNEYS warrant that they are an Equal Opportunity Employer and shall comply with the applicable regulations governing equal opportunity employment. ATTORNEYS shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
12. Indemnification. ATTORNEYS shall indemnify, defend, and hold harmless CITY, its officers, employees, agents, and volunteers harmless from and arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omissions of ATTORNEYS, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the sole negligence or willful misconduct of the CITY, its officers, employees, agents or volunteers. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve ATTORNEYS from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
13. Licenses. ATTORNEYS shall be responsible for any licenses required to perform services under this Agreement.
14. Professional Insurance. During the terms of this Agreement, ATTORNEYS shall take out and maintain general liability and property damage insurance in the amount of at least $2,000,000 per occurrence, $4,000,000 aggregate; professional errors and omissions insurance, in City Council/RSA Agenda 103 Tuesday, February 27, 2024
Agreement For Legal Services Between Page 5 of 7
City of Union City and Redwood Public Law, LLP
an amount of at least $2,000,000 per occurrence or claim, $4,000,000 aggregate; Workers Compensation and Employer’s Liability Insurance in an amount of at least $1,000,000 per accident; and Auto Liability Insurance in an amount of at least $1,000,000 combined single limit per accident for bodily injury and property damage, which insurance may not be canceled or reduced in required limits of liability unless at least thirty (30) days in advance written notice be given to CITY.
15. Conflicts. ATTORNEYS’ practice involves the representation of many public agencies in the State of California of all types. It is not uncommon for public agencies to have strong views of matters of public policy that diverge from one another.
ATTORNEYS perform a variety of professional services for its clients, and it is possible that ATTORNEYS will represent public agency clients that are adverse to CITY on other, unrelated matters or that ATTORNEYS will represent a client that has views on public policy or legal matters that differ from CITY’s views on those policies or matters. CITY expressly agrees that it expressly waives any actual or potential conflicts that might arise from such future representations, that it will not attempt to disqualify ATTORNEYS on such matters, and that ATTORNEYS are free to represent its clients on such matters.
By executing this Agreement, CITY acknowledges that ATTORNEYS and CITY have discussed these matters and that CITY confirms that it does not object to ATTORNEYS’ representation of clients on matters where those client’s legal, governmental or political objectives and/or positions may be different from or adverse to those of CITY, and that CITY waives any conflict of interests with respect to ATTORNEYS’ representation of such clients with differing legal, governmental or political interests. CITY further confirms that it will not assert any conflict of interest concerning such representations or attempt to disqualify ATTORNEYS from representing such clients notwithstanding such adversity.
CITY agrees that, while it may terminate its attorney-client relationship with ATTORNEYS, ATTORNEYS would be free to represent such clients even on those matters that CITY considers adverse to CITY, and that it waives any conflict of interest in connection therewith.
Of course, CITY’s acknowledgments and consents above do not permit ATTORNEYS to represent another client in the same matter in which it is adverse to CITY and do not permit ATTORNEYS to represent another client if there would be a significant risk that ATTORNEYS’ representation of CITY would be materially limited by the representation of the other client. Any such representation would require ATTORNEYS to obtain the informed written consent of CITY and the other client.
16. Conclusion of Services. When ATTORNEYS’ services conclude, all unpaid charges shall become immediately due and payable. After ATTORNEYS’ services conclude ATTORNEYS will, upon CITY’S request, deliver CITY’s file to CITY, along with any CITY funds or property in ATTORNEYS’ possession.
17. Effective Date. The Agreement shall be effective as of the date stated above.
City Council/RSA Agenda 104 Tuesday, February 27, 2024
Agreement For Legal Services Between Page 6 of 7
City of Union City and Redwood Public Law, LLP
18. Applicable Law and Attorney’s Fees. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees, court costs or other costs as may be fixed by the court.
REDWOOD PUBLIC LAW, LLP
Date: _________________ By: _________________________________________ KRISTOPHER J. KOKOTAYLO
CITY OF UNION CITY
Date: _________________ By: _________________________________________
CAROL DUTRA-VERNACI, MAYOR
City Council/RSA Agenda 105 Tuesday, February 27, 2024
Agreement For Legal Services Between Page 7 of 7
City of Union City and Redwood Public Law, LLP
EXHIBIT A
REDWOOD PUBLIC LAW, LLP
RATE SHEET
ROUTINE
RATES
NON-ROUTINE
RATES
COST RECOVERY
RATES
Principals $312 - $317 $350 - $437 $399 - $541
Of Counsel $284 - $317 $306 - $399 $372 - $453
Associates $262 - $306 $284 - $317 $317 - $426
Paralegal $175 $185 $218
City Council/RSA Agenda 106 Tuesday, February 27, 2024
Agenda Item
DATE: 2/27/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A SIDE LETTER AGREEMENT BETWEEN
THE CITY OF UNION CITY AND THE MANAGEMENT EMPLOYEE
GROUP (MEG) TO ALLOW FOR A PILOT PROGRAM ON ALTERNATIVE
WORK SCHEDULES (AWS)
Staff recommends that the City Council adopt a resolution approving and authorizing the City manager to execute a side letter agreement between the City and Management Employee Group (MEG) regarding the Alternative Work Schedule (AWS) Pilot Program.
STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning criticalcity services with current staffing levels.
BACKGROUND
As part of a review of a MEG initiated request to consider AWS options, the City and MEG met to discuss the staffing impacts, programs and services, operational needs and employee considerations, in order to reach a side letter agreement to engage in a Pilot Program for alternative work schedules that will allow members to work a reduced work schedule, at a reduced compensation, on a temporary basis.
DISCUSSION
The proposed side letter would allow the City and MEG to respond to specific and unique circumstances for represented members to have the flexibility to reduce their workload and work schedule at a lower salary step on a temporary basis. This pilot program would be reevaluated at the six month period.
City Council/RSA Agenda 107 Tuesday, February 27, 2024
FISCAL IMPACT
There is no fiscal impact for the changes being proposed.
RECOMMENDATION
Staff recommends that the City Counciladopt the attached resolution to authorize the City Manager to execute a side letter agreement with the Management Employee Group (MEG) to allow for a Pilot Program on Alternative Work Schedules (AWS).
Prepared by:
Jason Castleberry, Human Resources Director
Submitted by:
Jason Castleberry, Human Resources Director
ATTACHMENTS:
Description Type
Draft Resolution - UCand MEGSide Letter Resolution
MEGSide LetterAgreement Attachment
City Council/RSA Agenda 108 Tuesday, February 27, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A SIDE LETTER
AGREEMENT BETWEEN THE CITY OF UNION CITY AND
THE MANAGEMENT EMPLOYEE GROUP (MEG) TO
ALLOW FOR A PILOT PROGRAM ON ALTERNATIVE
WORK SCHEDULES (AWS)
WHEREAS, the City has undertaken an inquiry and recommends that the City Council approve the side letter agreement between the City and MEG; and WHEREAS, City staff have undertaken an analysis of necessary considerations to effectuate Alternative Work Schedules (AWS) as a pilot program, to be re-evaluated at a six-month period; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness, to align critical city services with current staffing levels by ensuring the staffing structures are appropriate to provide programs and services uninterrupted; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of all bargaining units related to the above matters.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves and authorizes the City Manager to execute the proposed side letter agreement between the City and MEG for the Alternative Work Schedule (AWS) Pilot Program, attached hereto and incorporated by reference, and to take such further actions as may be necessary to implement the intent of this Resolution.
City Council/RSA Agenda 109 Tuesday, February 27, 2024
Resolution No. XXXX-24
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 27th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 110 Tuesday, February 27, 2024
Side Letter to the Memorandum
of Understanding Between
The City of Union City
and
Management Employees Group (MEG)
The City of Union City ("City”) and Management Employees Group ("MEG") (collectively the "Parties") enter into this side letter to the Parties' Memorandum of Understanding ("MOU”) effective February 27, 2024, to affirm the parties intent to adopt a Pilot Program for alternative work schedules (“AWS’) for represented positions as determined as operationally feasible and mutually beneficial to the parties.
WHEREAS, the City and MEG desire and agree to adopt for a Pilot Program for AWS’s; and WHEREAS the Parties wish to enter into a side letter clarifying and memorializing the Parties' agreement for a Pilot Program.
NOW, THEREFORE the Parties agree to adopt language regarding AWS’s, to include the below language, effective February 27, 2024, through September 1, 2024.
The general expectation is that employees within this unit will work regular full-time schedules, but under limited circumstances, within the complete discretion of the City, an employee may receive approval to work an AWS. This program is being implemented on a pilot basis, so that both parties can evaluate the effectiveness in advance of upcoming labor negotiations.
Placement on an AWS is a privilege, not a right. Employees within this unit may submit a request for an alternative work schedule to their Department Head. The request must include the proposed alternative schedule, reason for the request, and proposed duration of the request.
Upon receipt of such a request, the Department Head shall meet with the employee to discuss their request. If the Department Head and City Manager approve an AWS, the City will establish the revised work schedule, workload and duration of the AWS, as well as any other terms and conditions required to be placed on an AWS. In addition, the employee will have their salary step reduced to a lower step on the salary schedule, in conformance with the City’s published salary schedule, for their classification as determined by the City Manager, and all benefit contributions by the City will be reduced in proportion with the schedule reduction, including special assignment and acting pay, to the extent allowed by law. During the term of this agreement, salary step progression would not continue, though equity and COLA adjustments would still apply to positions while under this agreement. If an employee does not agree to work within all prescribed terms established by the City, their request for an AWS will be denied. The City reserves the right to amend, modify, end or deny an AWS and/or request for an AWS for any business reason(s) without any right of appeal.
While placement on an AWS will result in a reduction in an employee’s workload and schedule, employees in this bargaining unit are exempt, and placement on an AWS does not relieve an employee from the expectation that the employee may regularly perform work outside of their approved AWS schedule without receiving any overtime pay. Once an AWS agreement ends, the City Council/RSA Agenda 111 Tuesday, February 27, 2024
Resolution No.
employee would revert back to the step in which they were previously assigned. This side letter is not subject to the grievance procedure and/or any right of appeal.
For the City: For MEG:
Joan Malloy Date: Gloria Ortega Date:
City Manager MEG Member
Jason Castleberry Date: Derek Farmer Date:
Human Resources Director MEG Member
Francisco Gomez Date:
MEG Member
City Council/RSA Agenda 112 Tuesday, February 27, 2024
Agenda Item
DATE: 2/27/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: PUBLIC HEARING AND ADOPT A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF UNION CITY APPROVING
ADMINISTRATIVE SITE DEVELOPMENT REVIEW (ASD-23-023) FOR
A NEW ENCLOSED WIRELESS FACILITY ON TOP OF AVALON UNION CITY APARTMENTS, LOCATED AT 24 UNION SQUARE (APN 87-19-1- 25), AND TO INCREASE THE BUILDING HEIGHT FROM 79 TO 86
FEET
Staff recommends that the City Council hold a public hearing and adopt the attached Resolution (Attachment 1) approving Administrative Site Development Review (ASD-23-023) and Use Permit (UP23-008) for a new enclosed wireless facility on top of Avalon Union City Apartments located at 24 Union Square (APN 87-19-1-25) and to increase the building height from 79 to 86 feet to accommodate the proposed wireless facility.
The Planning Commission recommended approval of this application to the City Councilat its February 1, 2024, meeting on a 4-0 vote. Attached to this staff report are the Planning Commission Staff Report (Attachment 2), Planning Commission Desk Item (Attachment 3) Draft Planning Commission Meeting Minutes (Attachment 4), and Draft Planning Commission Resolution (Attachment 5).
STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with a specific Strategic Plan goal.
BACKGROUND
The applicant, Peter Hilliard, On Air, LLC, for Verizon Wireless, on behalf of Avalon Union City, LP, is seeking Administrative Site Development Review (ASD-23-023) and Use Permit (UP-23-008) approval to install a new wireless facility on top of Avalon Union City Apartments located at 24 Union Square within the Core Station District sub-area. The project site has a General Plan and Zoning designation of Station Mixed Use Commercial (CSMU). The project includes construction of a 417 square-foot cupola, which will be built on top of an existing mechanical penthouse located on the top level of a parking structure. The cupola will house 16 new antennas with eight (8) new radio units. An equipment enclosure is proposed in a 192 square City Council/RSA Agenda 113 Tuesday, February 27, 2024
foot lease area located adjacent to the wireless facility on the roof level of the parking structure. The project will facilitate improved wireless communication capacity and coverage in the area.
Per Union City Municipal Code (UCMC) Section 18.114.040, new wireless facilities in the CSMU Zoning District are subject to administrative use permit approval and administrative site development review. Per UCMC Section 18.38.140, buildings higher than five stories or 65 feet require approval of a use permit. The current height of the buildings is +/- 64 feet, which was under the threshold for triggering a use permit. The building includes several mechanical penthouses on the roof measuring up to 79 feet. Per UCMC Section
18.38.140, mechanical penthouses and elevator towers are excluded from the use permit requirement, provided that they do not exceed 25% of the roof area of the building, which these do not. As such, a use permit was not granted for any height exceedance when the project was originally approved. The wireless facility is proposed to be constructed on top of one of the mechanical penthouses, increasing the overall height of the building by 7 feet for a total building height of 86 feet in this location. The installation on top of the mechanical penthouse is triggering the need for a use permit as the building height is being increased. UCMC Section
18.56.020 requires City Council approval of use permits in the CSMU Zoning District. In addition to the height allowance, the use permit request will address the administrative use permit requirement stipulated in Chapter 18.114. Per UCMC Section 18.56.070, since the applications are being reviewed concurrently, they shall be approved, conditionally approved, or denied by the same decision maker, in this case, the City Council.
DISCUSSION
The project is subject to UCMC Chapter 18.114, Wireless Telecommunications Facilities, the purpose of which is to provide standards for the development, location, siting, and installation of wireless telecommunication facilities. The project is consistent with applicable requirements, as conditioned, included in Chapter 18.114.
The project is also consistent with applicable General Plan policies including Policy PF-8.8, Minimize Visual Impacts, which addresses the siting and screening of wireless facilities. The proposed wireless facility will be housed in a new cupola designed to match the architecture of the existing cupolas on top of the building. The facility will be entirely screened from view. The cupola structure would be painted to match the existing building and also incorporates the use of materials consistent with the existing building.
Planning Commission Meeting
The Planning Commission reviewed the project at a public hearing on February 1, 2024 and voted 4-0 to recommend approval of the project to the City Council. For a detailed overview of the Planning Commission discussion, see attached draft Meeting Minutes labeled Attachment 4.
The Commission also considered a Desk Item (Attachment 3) which responded to questions and comments from Commissioner Lew. The Desk Item included some updates to draft condition and findings, which have been incorporated into the draft City Council resolution (Attachment 1).
To date, staff has not received any public comment on the project.
FISCAL IMPACT
All new development, including this project, will result in additional revenue to the City through a one-time payment of building permit fees. The proposed work willalso result in an increase of assessed property value and related property tax (exact amount to be determined by the County Assessor's Office once the project is completed).
RECOMMENDATION
Consistent with the Planning Commission recommendation, staff recommends that the City Council hold a public hearing and adopt the attached Resolution (Attachment 1) approving Administrative Site City Council/RSA Agenda 114 Tuesday, February 27, 2024
Development Review (ASD-23-023) and Use Permit (UP-23-008) for the construction of a proposed wireless facility on top of Avalon Union City Apartments, located at 24 Union Square, and to increase the building height to 86 feet to accommodate the proposed facility.
Prepared by:
Natalie Dean, Associate Planner
Submitted by:
Natalie Dean, Associate Planner
ATTACHMENTS:
Description Type
Draft Resolution Resolution
Exhibit A: Project Plans Exhibit
Attachment 2: Planning Commission Staff Report dated 02/01/2024 Attachment Attachment 3: Desk Itemdated 02/01/2024 Attachment
Attachment 4: Draft Planning Commission Minutes dated 02/01/2024 Attachment Attachment 5: Draft Planning Commission Resolution Attachment City Council/RSA Agenda 115 Tuesday, February 27, 2024
ATTACHMENT 1
CITY COUNCIL RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING ADMINISTRATIVE SITE DEVELOPMENT REVIEW (ASD23-023) AND USE PERMIT (UP-23-008) FOR A NEW ENCLOSED
WIRELESS FACILITY ON TOP OF THE AVALON UNION CITY
APARTMENTS, LOCATED AT 24 UNION SQUARE (APN 87-19-1-25), AND TO INCREASE THE BUILDING HEIGHT TO 86 FEET
WHEREAS, the applicant Peter Hilliard, On Air, LLC, for Verizon Wireless, on behalf of Avalon Union City, LP, is seeking Administrative Site Development Review (ASD-23-023) and Use Permit (UP-23-008) approval for a new enclosed wireless facility on top of an existing, fivestory, 315,077 square-foot multifamily residential building and to increase the height of the building from 79 to 86 feet. The project includes construction of a new 417 square-foot cupola on the top of a mechanical penthouse located on an attached parking structure bringing the total height of the building to approximately 86 feet. The cupola will house 16 new antennas with eight (8) new radio units; and
WHEREAS, the 3.8-acre project site is located at 24 Union Square (APN 87-19-1-25); and
WHEREAS, the project site has a General Plan designation of Station Mixed Use Commercial and a Zoning designation of CSMU (Station Mixed Use Commercial); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from environmental review per Section 15303, New Construction or Conversion of Small Structures, of the CEQA Guidelines; and
WHEREAS, pursuant to Section 18.76.050 of the Union City Municipal Code, the Planning Commission held a duly noticed public hearing on the Administrative Site Development Review (ASD-23-023) and Use Permit (UP-23-008) applications on February 1, 2024, at which time all interested parties had the opportunity to be heard. The Planning Commission considered the staff report dated February 1, 2024, and all written and oral testimony; and WHEREAS, after consideration of the staff report, and all other recommendations, reports, and testimony, the Planning Commission recommended approval to the City Council on a vote of 4-0 with some modifications to the draft conditions of approval and findings; and WHEREAS, a duly advertised public hearing was held before the City Council of the City of Union City on February 27, 2024 to consider the application and at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated February 27, 2024, and all other recommendations, reports and testimony before making a decision on the project.
NOW THEREFORE, BE IT RESOLVED, that the City Council of Union City does hereby find as follows:
1. That this project is categorically exempt under Section 15303 New Construction or Conversion of Small Structures, of the CEQA Guidelines; and City Council/RSA Agenda 116 Tuesday, February 27, 2024
Resolution XXXX-24
Administrative Site Development Review
2. That approval of this application is consistent with the General Plan including Policy PF-8.8 Minimize Visual Impacts, as the proposed wireless facility will be located in an enclosed cupola structure on top of an existing mechanical penthouse on the roof of a parking structure, thereby minimizing any potential visual impacts when viewed from public right of ways and residential areas. The cupola structure will be painted to match the existing building, and proposed materials will be architecturally consistent with the building. Additionally, Condition #7 requires that all visible conduits be concealed and screened. There are no specific plans applicable to the site; and
3. That approval of this application is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people and to promote the orderly and beneficial development of such areas. Approval of this application is also consistent with the requirements of the CSMU Zoning District; and
4. That the project will be a minor modification to an existing building and will promote orderly, attractive, and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having undesirable qualities which are not properly related to their sites, or which would not meet the specific intent clause or performance standard requirement of the zoning title. Furthermore, the presence of the new antennas will improve the coverage for Verizon Wireless and improve service to customers in the vicinity and for the needs of residents, businesses, and first responders in the City of Union City; and Use Permit
5. That the proposed location of the conditional use is in accord with the purposes of Title 18 and the purpose of the CSMU district. The location of the new wireless facility will protect the character of the CSMU district by installing and screening all equipment within a new rooftop cupola and equipment enclosure; ancillary electrical equipment will be located in the building’s existing electrical room on the ground floor. This new facility will promote orderly and beneficial development by improving the availability and quality of wireless service for residents and businesses. The new facility is compatible with the character of development in the CSMU district with the remodeling of the rooftop to enclose and screen the antennas and equipment. The new facility will enhance opportunities in the district for a variety of uses, such as research and development, office, and commercial, because it will provide a full array of communication services; and
6. That the location of the use, as conditioned, is not detrimental to the public health, safety, welfare, or materially injurious to properties within the vicinity. The project will adhere to all required conditions from the City and responsible agencies pertaining to public health, safety, and welfare; and
7. The project is consistent with applicable General Plan policies including Policy PF8.8, Minimize Visual Impacts, which addresses the siting and screening of wireless City Council/RSA Agenda 117 Tuesday, February 27, 2024
Resolution XXXX-24
facilities. The project, as conditioned, is also consistent with the requirements of the CSMU Zoning District; and
Wireless Telecommunication Facilities
8. That visual impacts of the project will be reduced by matching the existing building in colors and materials, including trims along the edges of the structures. The applicant has provided all documents that evidence compliance with requirements for design, safety, agency, and Operation and maintenance standards; and
9. That all equipment will be screened and set back from the right-of-way as much as feasible. The wireless facility will be enclosed in a cupola structure that is designed to match the architecture of the building and screen the antennas; and
10. That the new wireless facility will improve the coverage for Verizon Wireless and improve service to customers in the vicinity. Verizon will deploy a new coverage network to serve the wireless needs of residents, businesses, and first responders in the City of Union City. Under 18.114.100, wireless telecommunication facilities must meet standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any agency with the authority to regulate radio frequency emissions of wireless telecommunication facilities. The applicant has submitted documentation, the Radio Frequency Emissions Compliance Report, which attests that the project meets said standards and requirements.
BE IT FURTHER RESOLVED that the City Council of Union City hereby approves Administrative Site Development Review (ASD-23-023) and Use Permit (UP-23-008), as set forth in Exhibit A and subject to the following Conditions of Approval:
PLANNING DIVISION
1. All actual site improvements shall be made with adherence to the plans listed in Exhibit A, except as they may be modified by other conditions of approval listed below. Any variation or modification from the approved plans are subject to the review and approval of the Economic and Community Development Department.
2. This application shall expire one year from the date of Planning Commission approval unless building permits have been issued and construction diligently pursued.
3. The applicant and/or property owner shall include an annotated copy of the approved Planning Commission Resolution with each set of detailed construction plans submitted for plan check review. Notations to the plans shall be made to clearly indicate how all conditions of approval will be or have been complied with.
Construction plans shall not be accepted without the annotated final conditions of approval included as a note sheet with each set of plans.
4. The applicant and/or property owner shall apply for and take out all required building and fire permits prior to beginning any on-site work. Plans submitted to the Building Division and Fire Department must demonstrate compliance with all applicable local and state requirements.
City Council/RSA Agenda 118 Tuesday, February 27, 2024
Resolution XXXX-24
5. The applicant and/or property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.
6. The applicant and/or property owner shall ensure the wireless facility complies with applicable FCC Regulations regarding radio frequency and any and all recommendations for safety requirements including but not limited to those safety recommendations listed in Attachment 1 to Exhibit A, the radio frequency report.
7. Building Materials and Finishes
8. Prior to the issuance of building permits, the applicant and/or property owner shall submit samples and details of color palettes and all exterior materials, for review and approval by the Economic & Community Development Department. The color samples shall be provided in a binder with paint and material schemes along with full-size brush-outs as opposed to paint chips. Color swatches shall also be painted on the cupola structure for review and approval by the Economic and Community Development Department prior to full painting. Any future amendments or changes to the approved painting schemes shall be submitted to the Economic and Community Development Department for approval prior to the full painting of the proposed structure.
9. All visible conduits shall be concealed and screened.
10. Prior to issuance of building permits, the applicant/property owner shall pay all applicable fees (Capital Facilities Fee, Park Facilities Fee, etc.) that are in effect at the time of building permit issuance.
11. Prior to issuance of building permits, the applicant and/or property owner shall pay the General Plan Cost Recovery Fee in effect at the time of building permit issuance. The current fee is $1.00 per $1,000.00 of construction valuation per City Council Resolution Number 3379-07.
BUILDING DIVISION
12. Any construction shall fully comply with the Building Standard Codes in effect at the time of building permit issuance.
13. The applicant/property owner shall provide detailed construction plans (working drawings) and calculations to the Building Division for plan review prior to issuance of a building permit. Plans and supporting documents shall be prepared by a state-licensed architect or engineer. Upon completion of the plan check, all applicable fees shall be paid, and a building permit issued prior to commencement of any actual construction work on-site.
14. The applicant/property owner shall maintain the property to be free of litter, weeds, debris, etc., both before and after issuance of building permits. Daily litter and debris collection rounds shall be conducted on the site and an adequate number of trash receptacles shall be provided to minimize litter accumulation.
15. The applicant/property owner shall not locate construction debris boxes within the public right-of-way (ROW), driveways or on adjacent private properties.
FIRE DEPARTMENT
16. The existing parapet shall remain in its current position and there shall not be an increase in height.
City Council/RSA Agenda 119 Tuesday, February 27, 2024
Resolution XXXX-24
17. It shall be noted on plans for building permits that the applicant/property owner will ensure any roof access will not be impeded and or be obstructed to direct access to the antennas.
18. Plans submitted for Building Permit review and approval shall include an enclosure constructed around the base of the antennas, containing an access door at least 36 inches in width and incorporating a Knox Box locking system to ensure security for the facility and access for emergency response personnel.
19. The applicant/property owner shall apply for a hot work permit for all welding and or cutting operations.
PUBLIC WORKS DEPARTMENT
20. The applicant/property owner shall install ‘No Dumping – Drains to Bay’ stencils at all storm drain inlets on site.
ENVIRONMENTAL PROGRAMS
21. The applicant/property owner is hereby advised that unauthorized discharge of any kind to the storm water system, which includes the streets and gutters, is prohibited, and that such discharges, whether intentional or not, are subject to penalties up to $20,000 per violation per day. This applies both to the construction phase and to routine facility operations.
22. The applicant/property owner shall note on plans for building permit submittal indicating the total volume of battery electrolyte in the equipment cabinets under Verizon’s control at this site at project completion.
City Council/RSA Agenda 120 Tuesday, February 27, 2024
Resolution XXXX-24
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 27th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A – Project Plans
City Council/RSA Agenda 121 Tuesday, February 27, 2024
T-1.1
TITLE SHEET
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For:
0 APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY
-
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR
1 05/02/23 ZD 95% C.T.C
2 06/07/23 ZD 100% C.T.C
3 08/09/23 CLIENT REV D.H.
4 08/28/23 CLIENT REV D.H.
11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
VICINITY MAP
SHEET INDEX
PROJECT DESCRIPTION CODE COMPLIANCE
SHEET DESCRIPTION REV
PROJECT INFORMATION
NILES DECOTO
24 UNION SQUARE, UNION CITY, CA 94587
SCALE: N/A
TN
SITE LOCATION
PROJECT ID: 17021973
·
·
·
·
·
·
·
·
·
·
·
MDG LOCATION ID: 5000372365
·
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EXHIBIT A
City Council/RSA Agenda 122 Tuesday, February 27, 2024
ROOF DETAIL
1"=10'
TIMOTHY SCHAD, L.S.
10699 ROUND VALLEY RD.
GRASS VALLEY, CA. 95949
[email protected]
916-947-7603
ROOFTOP SURVEY
LS-1
veri on
LEGEND
SURVEY NOTES
1. ALL LATITUDES AND LONGITUDES ARE NAD 83, ALL
ELEVATIONS ARE NAVD 88 (UNLESS NOTED OTHERWISE).
2. ALL BOUNDARY INFORMATION SHOWN HEREON HAS BEEN
COMPILED FROM RECORD DATA. THIS IS NOT A BOUNDARY
SURVEY.
3. DATE OF FIELD SURVEY JANUARY 17, 2023.
4. CONDITION OF TITLE REPORT NO. 5026900-6938078, DATED DECEMBER 06, 2022 AND ISSUED BY FIRST AMERICAN TITLE
COMPANY HAS BEEN PROVIDED, ANY EASEMENTS OR OTHER
TITLE RELATED ISSUES NOT INCLUDED IN SAID REPORT
WHICH ARE PART OF THE TITLE PROCESS MAY OR MAY NOT
HAVE BEEN ADDRESSED, TIMOTHY F. SCHAD, L.S. ACCEPTS
NO RESPONSIBILITY OR LIABILITY FOR BOUNDARY OR TITLE
ITEMS ADDRESSED HEREON. THIS IS NOT A BOUNDARY
SURVEY.
NILES DECOTO
ALAMEDA COUNTY
24 UNION SQUARE
UNION CITY, CA. 94587
ROOFTOP
APN:087-0019-001-25
GEODETIC LOCATION
DATE OF SURVEY: JANUARY 17, 2023
SITE NAME: NILES DECOTO
TYPE: ROOFTOP
SITE ADDRESS: 24 UNION SQUARE
UNION CITY, CA 94587
I, TIMOTHY SCHAD, HEREBY CERTIFY THE GEODETIC COORDINATES AT THE CENTER OF THE PROPOSED ANTENNA ARRAY TO BE:
LATITUDE= 37° 35' 20.52" NORTH (NAD83) (37.589033º NORTH) LONGITUDE= 122° 00' 58.96" WEST (NAD83) (122.016378º WEST) GROUND ELEVATION= 45.0' NAVD88 (0.0' A.G.L.)
THE ACCURACY STANDARDS FOR THIS CERTIFICATION ARE AS FOLLOWS:
GEODETIC COORDINATES: +/- FIFTEEN (15) FEET (NAD-83)
ELEVATIONS: +/- THREE (3) FEET (NAVD-88)
EXISTING EASEMENT NOTE
EXISTING EASEMENTS LISTED IN CONDITION OF TITLE
REPORT NO. 5026900-6938078 , DATED DECEMBER 06, 2022
AND ISSUED BY FIRST AMERICAN TITLE COMPANY HAVE
BEEN DEPICTED HEREON IF LOCATABLE.
PER A REVIEW OF THE EXISTING EASEMENTS LISTED IN SAID
REPORT IT APPEARS THE EXISTING EASEMENTD DO NOT
IMPACT OR ENCROACH UPON THE PROPOSED VERIZON
FACILITIES.
City Council/RSA Agenda 123 Tuesday, February 27, 2024
OVERALL PARCEL
1"=40'
TIMOTHY SCHAD, L.S.
10699 ROUND VALLEY RD.
GRASS VALLEY, CA. 95949
[email protected]
916-947-7603
ROOFTOP SURVEY
LS-2
veri on
LEGEND
NILES DECOTO
ALAMEDA COUNTY
24 UNION SQUARE
UNION CITY, CA. 94587
ROOFTOP
APN:087-0019-001-25
LEGAL DESCRIPTION
PARENT PARCEL
REAL PROPERTY IN THE CITY OF UNION CITY, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 6, PARCEL MAP 1109, FILED JULY 10, 1973, BOOK 79 OF MAPS, PAGE 87, ALAMEDA COUNTY RECORDS.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR EMERGENCY PURPOSES AS
GRANTED IN THE EASEMENT DEED RECORDED DECEMBER 18,
2007, INSTRUMENT NO. 2007-423763, OFFICIAL RECORDS, OVER THE FOLLOWING DESCRIBED PROPERTY:
A PORTION OF THE LANDS DESCRIBED IN THAT CERTAIN GRANT
DEED RECORDED ON APRIL 30, 1968, IN REEL 2171 IMAGE 679 AS DOCUMENT NO. BA46481, OFFICIAL RECORDS OF ALAMEDA
COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 6 AS
SAID PARCEL IS SHOWN ON PARCEL MAP 1109, FILED JULY 10, 1973 IN BOOK 79 OF MAPS AT PAGE 87, ALAMEDA COUNTY
RECORDS, SAID CORNER ALSO BEING A POINT ON THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF UNION SQUARE ROAD
SHOWN ON SAID MAP; THENCE ALONG SAID NORTHEASTERLY
RIGHT-OFWAY LINE, NORTH 49º51'59" WEST, 30.06 FEET; THENCE LEAVING LAST SAID LINE, NORTH 43º45'05" EAST, 430.39 FEET, THENCE SOUTH 46º14'55" EAST, 30.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 6; THENCE
SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE, SOUTH
43º45'05" WEST, 428.50 FEET TO THE POINT OF BEGINNING.
PARCEL C:
A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN ACCESS AND
PRIVATE FIRE HYDRANT PURPOSES AS GRANTED IN THE
EASEMENT DEED RECORDED DECEMBER 18, 2007, INSTRUMENT
NO. 2007- 423764, OFFICIAL RECORDS, OVER THE FOLLOWING
DESCRIBED PROPERTY:
A PORTION OF THE LANDS DESCRIBED IN THAT CERTAIN GRANT
DEED RECORDED ON APRIL 30, 1968, IN REEL 2171 IMAGE 679 AS DOCUMENT NO. BA46481, OFFICIAL RECORDS OF ALAMEDA
COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 6 AS
SAID PARCEL IS SHOWN ON PARCEL MAP 1109, FILED JULY 10, 1973 IN BOOK 79 OF MAPS AT PAGE 87, ALAMEDA COUNTY
RECORDS, SAID CORNER ALSO BEING A POINT ON THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF UNION SQUARE ROAD
SHOWN ON SAID MAP; THENCE ALONG SAID NORTHEASTERLY
RIGHT OF WAY LINE, NORTH 49º51'59" WEST, 30.06 FEET; THENCE LEAVING LAST SAID LINE, NORTH 43º45'05" EAST, 430.39 FEET, THENCE SOUTH 46º14'55" EAST, 30.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 6; THENCE
SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE, SOUTH
43º45'05" WEST, 428.50 FEET TO THE POINT OF BEGINNING.
APN: 087-0019-001-25 AND 087-0019-001-26
City Council/RSA Agenda 124 Tuesday, February 27, 2024
A-1.1
OVERALL
VICINITY MAP
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
TN
City Council/RSA Agenda 125 Tuesday, February 27, 2024
A-1.2
OVERALL
SITE PLAN
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
TN
City Council/RSA Agenda 126 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-1.3
ENLARGED SITE
PLAN
TN TN
City Council/RSA Agenda 127 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-1.4
EQUIPMENT
PLAN
TN
City Council/RSA Agenda 128 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-2.1
TN ANTENNA PLAN
City Council/RSA Agenda 129 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-3.1
ELEVATIONS
City Council/RSA Agenda 130 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-3.2
ELEVATIONS
City Council/RSA Agenda 131 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-3.3
ELEVATION DETAIL
City Council/RSA Agenda 132 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-3.4
ELEVATION DETAIL
City Council/RSA Agenda 133 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-3.5
ELEVATION
City Council/RSA Agenda 134 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-4.1
ANTENNA
DETAILS
City Council/RSA Agenda 135 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
A-4.2
EQUIPMENT
DETAILS
City Council/RSA Agenda 136 Tuesday, February 27, 2024
REV DATE DESCRIPTION
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PROJECT ID:
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE
DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.
Licensee:
ENGINEER:
MDG LOCATION ID:
17021973
5000372365
02/13/23 ZD 90%
Issued For: 0
APPROVED BY:
ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THE PROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICH THEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BE USED
BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THE ENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED. C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746 Contact: Kevin Sorensen Phone: 916-660-1930
E-Mail: [email protected] Fax: 916-660-1941
SEAD
J. GRAY -
CAD
Vendor:
2785 MITCHELL DRIVE, BLDG 9
WALNUT CREEK, CA 94598
PREPARED FOR
NILES DECOTO
24 UNION SQUARE
UNION CITY, CA 94587
ON AIR 1 05/02/23 ZD 95% C.T.C 2 06/07/23 ZD 100% C.T.C 3 08/09/23 CLIENT REV D.H. 4 08/28/23 CLIENT REV D.H. 11/06/23 PLANNING COMMS S.D.
12/27/23 PLANNING COMMS D.H.
E-1.1
ELECTRICAL
PLAN
City Council/RSA Agenda 137 Tuesday, February 27, 2024
Agenda Item
DATE: FEBRUARY 1, 2024
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: ADMINISTRATIVE SITE DEVELOPMENT REVIEW (ASD-23-023), USE PERMIT (UP-23-008)
APPLICANT: Peter Hilliard, On Air, LLC for Verizon Wireless LEGAL OWNER: Avalon Union City
REQUEST: Administrative Site Development Review (ASD-23-023) and Use Permit (UP-23-008) approval for a new enclosed wireless facility on top of an existing, five-story, 315,077 square-foot multifamily residential building and to increase the height of the building from 79 to 86 feet. The project includes construction of one, new 417 square-foot cupola on the top of a mechanical penthouse located on an attached parking structure bringing the total height of the building to approximately 86 feet. The cupola will house 16 new antennas with eight (8) new radio units.
LOCATION: 14 Union Square (APN 87-19-1-25)
SIZE OF PARCEL: 166,263 square feet (3.8 acres)
GENERAL PLAN: CSMU, Station Mixed Use Commercial
ZONING: CSMU, Station Mixed Use Commercial District
SURROUNDING LAND USES:
Table 1 – Surrounding Land Uses
Location
General Plan
Designation
Zoning
District
Land Use
North
Station Mixed Use
Commercial
CSMU Union City Intermodal
Station
ATTACHMENT 2
City Council/RSA Agenda 138 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 2
South
Station Mixed Use
Commercial
CSMU Union City Intermodal
Station
East Open Space OS Open Space
West
Station Mixed Use
Commercial
CSMU Multifamily
Residential
ENVIRONMENTAL ASSESSMENT:
This project is categorically exempt under Section 15303(e) New Construction or Conversion of Small Structures, of the California Environmental Quality Act (CEQA) Guidelines.
LOCATION MAPS:
Figure 1 – Zoning Map of 14 Union Square
Project Site
City Council/RSA Agenda 139 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 3
I. BACKGROUND & PROPOSAL
The applicant, Peter Hilliard, on behalf of Verizon, is requesting Administrative Site Development Review approval (ASD-23-023) and Use Permit (UP-23-008) to install a new wireless facility on top of an existing, five-story, 315,077 square-foot multifamily residential building. The project includes construction of one, new 417 square-foot cupola, which will be built on top of an existing mechanical penthouse located on the top level of a parking structure bringing the total height of the building to approximately 86 feet. The cupola will house 16 new antennas with eight (8) new radio units. The plans, photo simulations, and Statement of Use are included as Exhibits A, B, and C, respectively.
The project site is located at 14 Union Square, a 438- unit multifamily residential building south and adjacent to the Union City Intermodal Station. The site was developed in 2006 and consists of two parcels, Lot 1 at 3.8 acres and Lot 2 at 2.2 acres. The proposed wireless facility would be located on the rooftop parking structure of Lot 1.
II. PROJECT ANALYSIS
A. Permit Requirements
New wireless facilities in the CSMU zoning district are subject to administrative use permit and administrative site development review, per Union City Municipal Code (UCMC) Section 18.114.040. Per UCMC Section 18.38.140, buildings higher than five stories or 65 feet require approval of a use permit. The current height of the buildings are +/- 64 feet, which was under the threshold for triggering a use permit. The building, where the wireless facility is proposed, includes several mechanical penthouses on the Figure 2 – Location Map of 14 Union Square
Project Site
City Council/RSA Agenda 140 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 4
roof measuring up to 79 feet. Please note that mechanical penthouses and elevator towers are excluded from the use permit requirement provided that they do not exceed 25% of the roof area of the building, which these do not. The wireless facility is proposed on top of one of the mechanical penthouses and increases the overall height of the building by 7 feet for a total building height of 86 feet. The installation on top of the mechanical penthouse is triggering the need for a use permit as the building height is being increased.
In addition to the height allowance, the use permit request will address the administrative use permit requirement. Per 18.54.040, Limitations, of the Municipal Code, the Zoning Administrator can determine that an administrative use permit be reviewed by the Planning Commission pursuant to the provisions of Chapter 18.56, Use Permits, if an applicant submits an application for a use permit, which was done. Having the use permit addresses both the building height and the wireless facility use simplifies and streamlines the approval process.
Because the administrative site development review and use permit are being reviewed concurrently, under UCMC Section 18.56.070, the permits shall be approved, conditionally approved, or denied by the same decision maker, in this case, the Planning Commission.
B. Project Design and Development Standards Compliance
The project is subject to Chapter 18.114 Wireless Telecommunications Facilities, the purpose of which is to provide standards for the development, location, siting, and installation of wireless telecommunication facilities. Per the wireless telecommunication facilities use table in Section 18.114.040, new wireless facilities are conditionally permitted in the CSMU District. Per Section 18.114.070, the antennas and equipment will be located so as not to be readily visible by the placement of the antennas; the fiberreinforced polymer (FRP) screening will be designed and painted to match the existing cupola structures at the site, the equipment enclosure will be camouflaged, and the other ancillary electrical equipment will be located within the building’s existing electrical room on the ground floor.
A separate 192 square foot lease area will be located adjacent to the wireless facility on the roof level of the parking structure and will enclose ancillary equipment for the wireless facility including wireless equipment cabinets and a generator. Non-exclusive access easements will allow Verizon to access the wireless facility on the roof and at the electrical room. The purpose of the installation is to help Verizon bring improved City Council/RSA Agenda 141 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 5
wireless communication capacity and coverage, which would benefit residents, public services, and roadway safety in Union City.
As mentioned above, the proposed antenna facility will be housed in one FRP enclosure with a stealth design, as a cupola, to match the architecture of the existing cupolas on the top floor of the building. The cupola will measure 18 feet by 17 feet 11 inches, 10 feet in height, and will project seven (7) feet above the mechanical penthouse at an existing height of 79 feet one inch. The facility will be constructed directly above the mechanical penthouse bringing the height of the building to 86 feet one inch, which would not exceed the maximum height of 160 feet allowed for structures in the Station Mixed Use Commercial Zoning District. A standby generator will be installed in the equipment enclosure as well as within the existing electrical room.
To address potential visibility and aesthetic concerns, Condition #7 requires all visible conduits to be concealed and screened.
Consistency with the General Plan
The project is generally consistent with the subject property's General Plan designation of Station Mixed Use Commercial, which allows a mix of high-intensity retail, office, hotels, residential uses, and public plazas in the immediate vicinity of the Intermodal Station.
The Public Facilities and Services Element of the 2040 General Plan includes Policy PF8.8 Minimize Visual Impacts concerning the siting and screening of wireless communications facilities. This policy requires that wireless facilities meet the following conditions:
To minimize the visual impact of wireless communication facilities, the City shall ensure that these facilities meet the following conditions:
1. Monopoles and large cellular infrastructure are located away from residential and open space areas;
The proposed wireless facility would be located within a roof-mounted facility on the parking structure of an existing residential building.
2. Small cell sites and supporting infrastructure are designed to minimize visibility in the public rights-of-way and residential areas; The proposed wireless facility would be located within a cupola structure on the roof of an existing parking garage and all conduit and supporting infrastructure would be enclosed and screened, minimizing potential visual impacts.
City Council/RSA Agenda 142 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 6
3. When possible, are located on existing buildings, existing poles, or other existing support structures;
The proposed wireless facility would be located on the parking structure located on the roof of an existing multi-family residential building.
4. Are collocated with other compatible facilities whenever possible; Currently, there are no existing wireless facilities on the building.
5. Are painted, camouflaged, textured, or disguised to resemble trees, flag poles, etc. to better blend with the surrounding environment; and All of the antennas would be entirely enclosed within the cupola and not visible. The cupola structure would be painted to match the existing building and would incorporate the use of materials consistent with the existing building.
6. Include well-designed equipment enclosures that incorporate walls or fences and landscaping to provide screening and deter graffiti or are installed in underground vaults where feasible.
The cabinets and equipment will be enclosed in a 192 square foot lease area that will project five feet above the height of the parapet but will be camouflaged to match the colors of the existing building so as not to be visible.
The General Plan supports the ongoing expansion and enhancement of modern communication infrastructure in the City. The presence of the antennas will improve the coverage for Verizon by adding to the existing coverage in the City while meeting the intent of the telecommunication infrastructure objectives that the General Plan encourages in developing and maintaining modern communication infrastructure that supports the City’s economy, businesses, and residents. Overall, this project is consistent with the applicable policies in the General Plan.
D. Noticing & Communication
Consistent with State law noticing requirements, public hearing notices were posted January 11, 2024, and were mailed to neighbors within 300 feet of the project site boundary. Staff have not received any public feedback regarding the project.
E. Conclusion
Based on the above analysis, staff has determined that the proposed wireless facility, as conditioned, would be consistent with all applicable Municipal Code provisions and 2040 General Plan goals and policies.
City Council/RSA Agenda 143 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 7
III. REQUIRED FINDINGS
Administrative Site Development Review
Section 18.72.070 of the Zoning Ordinance requires that the Planning Commission make the following findings in granting Administrative Site Development Review approval.
Below each finding is a discussion of how the project meets the required finding.
1. Approval of this application is consistent with the General Plan and any applicable specific plans; and
Approval of this application is consistent with the General Plan, specifically Policy PF-8.8 Minimize Visual Impacts, as the proposed wireless facility will be located in an enclosed cupola structure on top of an existing mechanical penthouse on the roof of a parking structure, thereby minimizing any potential visual impacts when viewed from public right of ways and residential areas. The cupola structure will be painted to match the existing building, and proposed materials will be architecturally consistent with the building. Additionally, Condition #7 requires that all visible conduits be concealed and screened. There are no specific plans applicable to the site.
2. Approval of this application is consistent with the purpose of Title 18 and the requirements of the CSMU Zoning District; and
Approval of this application is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people and to promote the orderly and beneficial development of such areas. Approval of this application is also consistent with the requirements of the CSMU zoning district in which the site is located; and
3. Approval of this application is consistent with the purpose of administrative site development review as outlined in Section 18.72.010; and The project will be a minor modification to an existing building and will promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having undesirable qualities which are not properly related to their sites, or which would not meet the specific intent clause or performance standard requirement of the zoning title. The presence of the new antennas will improve the coverage for Verizon Wireless and improve service to customers in the vicinity and for the needs of residents, businesses, and first responders in the City of Union City.
City Council/RSA Agenda 144 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 8
Use Permit
Section 18.56.060 of the Zoning Ordinance requires that the Planning Commission make the following findings in granting Use Permit approval. Below each finding is a discussion of how the project meets the required finding.
1. That the proposed location of the conditional use is in accord with the purposes of this title and the purposes of the district in which the site is located; New wireless facility uses are allowed in the Station Mixed Use Commercial, CSMU District.
Under Section 18.56.010, the project has been carefully considered, in terms of safety and design, so the facility is located properly and compatible with the surrounding area and uses; and
2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; The location of the use, as conditioned, is not detrimental to the public health, safety, welfare, or materially injurious to properties within the vicinity. The project will adhere to all required conditions from the City and responsible agencies pertaining to public health, safety, and welfare. Under 18.114.100, wireless telecommunication facilities must meet standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any agency with the authority to regulate radio frequency emissions of wireless telecommunication facilities. The applicant has submitted documentation, the Radio Frequency Emissions Compliance Report, which attests that the project meets said standards and requirements, as shown in Attachment 1 to Exhibit A. Further, the height is only increasing by seven (7) feet, the minimum required to accommodate the antennas and will be constructed upon an existing mechanical room that is located on the roof’s parking lot. The new facility will also be in a location more interior to the overall site; and
3. That the proposed conditional use is consistent with the general plan, any applicable specific plans, and will comply with each of the applicable provisions of Title 18; and The project is consistent with the general plan, which encourages the development and maintenance of state-of-the-art communication infrastructure and services to bolster the City’s economic competitiveness and support businesses and residents; the new wireless facility will improve the coverage for Verizon Wireless and improve service to customers in the vicinity.
The project complies with Title 18 by providing a use that promotes and protect the public health, safety, morals, comfort, convenience and the general welfare of the people; and Wireless Telecommunication Facilities
City Council/RSA Agenda 145 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 9
All of the following findings are required for approval of any use permit, administrative use permit, site development review, or administrative site development review under UCMC Section 18.114.130:
1. That the proposed project is consistent with the requirements of this chapter; Visual impacts of the project will be reduced by matching the existing building in colors and materials, including trims along the edges of the structures. The applicant has provided all documents that evidence compliance with requirements for design, safety, agency, and operation and maintenance standards; and
2. That the proposed wireless telecommunication facility will not be readily visible, unless it is demonstrated that it is not technically feasible to incorporate additional measures that would make the facility not readily visible; and All equipment will be screened and set back from the right-of-way as much as feasible. the wireless facility will be enclosed in a cupola structure that is designed to match the architecture of the building and screen the antennas; and
3. That the wireless telecommunication facility is necessary to prevent or fill a significant gap in coverage or capacity shortfall in the applicant's service area and is the least intrusive means of doing so.
The new wireless facility will improve the coverage for Verizon Wireless and improve service to customers in the vicinity. Verizon will deploy a new coverage network to serve the wireless needs of residents, businesses, and first responders in the City of Union City. Under
18.114.100, wireless telecommunication facilities must meet standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any agency with the authority to regulate radio frequency emissions of wireless telecommunication facilities. The applicant has submitted documentation, the Radio Frequency Emissions Compliance Report, which attests that the project meets said standards and requirements, as shown in Attachment 1 to Exhibit A. Further, the height is only increasing by seven (7) feet, the minimum required to accommodate the antennas and will be constructed upon an existing mechanical room that is located on the roof’s parking lot. The new facility will also be in a location more interior to the overall site.
IV. ALTERNATIVES
1. Approve ASD-23-023 and UP-23-008 as proposed;
2. Approval of ASD-23-023 and UP-23-008 with modified conditions;
3. Denial of ASD-23-023 and UP-23-008 with stated findings; or City Council/RSA Agenda 146 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 10
4. Continue the matter for further consideration.
V. CONDITIONS OF APPROVAL
PLANNING DIVISION
General
1. All actual site improvements shall be made with adherence to the plans listed in Exhibit A, except as they may be modified by other conditions of approval listed below. Any variation or modification from the approved plans are subject to the review and approval of the Economic and Community Development Department.
2. This application shall expire one year from the date of Planning Commission approval unless building permits have been issued and construction diligently pursued.
3. The applicant and/or property owner shall include an annotated copy of the approved Planning Commission Resolution with each set of detailed construction plans submitted for plan check review. Notations to the plans shall be made to clearly indicate how all conditions of approval will be or have been complied with.
Construction plans shall not be accepted without the annotated final conditions of approval included as a note sheet with each set of plans.
4. The applicant and/or property owner shall apply for and take out all required building and fire permits prior to beginning any on-site work. Plans submitted to the Building Division and Fire Department must demonstrate compliance with all applicable local and state requirements.
5. The applicant and/or property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.
Building Materials and Finishes
6. Prior to the issuance of building permits, the applicant and/or property owner shall submit samples and details of color palettes and all exterior materials, for review and approval by the Economic & Community Development Department.
The color samples shall be provided in a binder with paint and material schemes along with full-size brush-outs as opposed to paint chips. Color swatches shall also be painted on the cupola structure for review and approval by the Economic and Community Development Department prior to full painting. Any future amendments or changes to the approved painting schemes shall be submitted to City Council/RSA Agenda 147 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 11
the Economic and Community Development Department for approval prior to the full painting of the proposed structure.
7. All visible conduits shall be concealed and screened.
8. Prior to issuance of building permits, the applicant/property owner shall pay all applicable fees (Capital Facilities Fee, Park Facilities Fee, etc.) that are in effect at the time of building permit issuance.
9. Prior to issuance of building permits, the applicant and/or property owner shall pay the General Plan Cost Recovery Fee in effect at the time of building permit issuance. The current fee is $1.00 per $1,000.00 of construction valuation per City Council Resolution Number 3379-07.
BUILDING DIVISION
10. Any construction shall fully comply with the Building Standard Codes in effect at the time of building permit issuance.
11. The applicant/property owner shall provide detailed construction plans (working drawings) and calculations to the Building Division for plan review prior to issuance of a building permit. Plans and supporting documents shall be prepared by a state-licensed architect or engineer. Upon completion of the plan check, all applicable fees shall be paid and a building permit issued prior to commencement of any actual construction work on-site.
12. The applicant/property owner shall maintain the property to be free of litter, weeds, debris, etc., both before and after issuance of building permits. Daily litter and debris collection rounds shall be conducted on the site and an adequate number of trash receptacles shall be provided to minimize litter accumulation.
13. The applicant/property owner shall not locate construction debris boxes within the public right-of-way (ROW), driveways or on adjacent private properties.
FIRE DEPARTMENT
14. It shall be noted on plans for building permits that the applicant/property owner shall ensure there are posted signage on the walls indicating wireless antennas located on roof of facility.
15. The existing parapet shall remain in its current position and there shall not be an increase in height.
16. It shall be noted on plans for building permits that the applicant/property owner will ensure any roof access will not be impeded and or be obstructed to direct access to the antennas.
City Council/RSA Agenda 148 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 12
17. It shall be noted on plans for building permits that should there be an enclosure built around the base of the antennas, an access door (at least 36 inches wide) shall be required with no locking apertures needed on the door.
18. The applicant/property owner shall apply for a hot work permit for all welding and or cutting operations.
PUBLIC WORKS DEPARTMENT
19. The applicant/property owner shall install ‘No Dumping – Drains to Bay’ stencils at all storm drain inlets on site.
ENVIRONMENTAL PROGRAMS
20. The applicant/property owner is hereby advised that unauthorized discharge of any kind to the storm water system, which includes the streets and gutters, is prohibited, and that such discharges, whether intentional or not, are subject to penalties up to $20,000 per violation per day. This applies both to the construction phase and to routine facility operations.
21. The applicant/property owner shall note on plans for building permit submittal indicating the total volume of battery electrolyte in the equipment cabinets under Verizon’s control at this site at project completion.
VI. RECOMMENDATION
The DRC recommends that the Planning Commission approve Administrative Site Development Review (ASD-23-023) and a Use Permit (UP-23-008), subject to conditions, making the following specific findings in support of this approval:
a. That this project is categorically exempt under Section 15303 New Construction or Conversion of Small Structures, of the California Environmental Quality Act (CEQA) Guidelines; and
b. That approval of this application is consistent with the General Plan, specifically Policy PF-8.8 Minimize Visual Impacts, as the proposed wireless facility will be located in an enclosed cupola structure on top of an existing mechanical penthouse on the roof of a parking structure, thereby minimizing any potential visual impacts when viewed from public right of ways and residential areas. The cupola structure will be painted to match the existing building, and proposed materials will be architecturally consistent with the building. Additionally, Condition #7 requires that all visible conduits be concealed and screened. There are no specific plans applicable to the site.; and
City Council/RSA Agenda 149 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 13
c. That approval of this application is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people and to promote the orderly and beneficial development of such areas. Approval of this application is also consistent with the requirements of the CSMU zoning district in which the site is located; and
d. That the project will be a minor modification to an existing building and will promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having undesirable qualities which are not properly related to their sites, or which would not meet the specific intent clause or performance standard requirement of the zoning title. Furthermore, the presence of the new antennas will improve the coverage for Verizon Wireless and improve service to customers in the vicinity and for the needs of residents, businesses, and first responders in the City of Union City; and e. That new wireless facility uses are currently allowed in the Station Mixed Use Commercial, CSMU District. Under 18.56.010, applicant’s project has been carefully considered, in terms of safety and design, so the facility if located properly and compatible with the surrounding area and uses; and f. That the location of the use, as conditioned, is not detrimental to the public health, safety, welfare, or materially injurious to properties within the vicinity. The project will adhere to all required conditions from the City and responsible agencies pertaining to public health, safety, and welfare. Under
18.114.100, wireless telecommunication facilities must meet standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any agency with the authority to regulate radio frequency emissions of wireless telecommunication facilities. The applicant has submitted documentation, the Radio Frequency Emissions Compliance Report, which attests that the project meets said standards and requirements, as shown in Attachment 1 to Exhibit A; further, the height is only increasing by seven (7) feet, the minimum required to accommodate the antennas and will be constructed upon an existing mechanical room that is located on the roof’s parking lot.
The new facility will also be in a location more interior to the overall site; and
City Council/RSA Agenda 150 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 14
g. The project is consistent with the general plan, which encourages the development and maintenance of state-of-the-art communication infrastructure and services to bolster the City’s economic competitiveness and support businesses and residents; the new wireless facility will improve the coverage for Verizon Wireless and improve service to customers in the vicinity. The project complies with Title 18 by providing a use that promotes and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people; and h. That visual impacts of the project will be reduced by matching the existing building in colors and materials, including trims along the edges of the structures. The applicant has provided all documents that evidence compliance with requirements for design, safety, agency, and Operation and maintenance standards; and
i. That all equipment will be screened and set back from the right-of-way as much as feasible. The wireless facility will be enclosed in a cupola structure that is designed to match the architecture of the building and screen the antennas; and
j. The new wireless facility will improve the coverage for Verizon Wireless and improve service to customers in the vicinity. Verizon will deploy a new coverage network to serve the wireless needs of residents, businesses, and first responders in the City of Union City. Under 18.114.100, wireless telecommunication facilities must meet standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any agency with the authority to regulate radio frequency emissions of wireless telecommunication facilities. The applicant has submitted documentation, the Radio Frequency Emissions Compliance Report, which attests that the project meets said standards and requirements, as shown in Attachment 1 to Exhibit A. Further, the height is only increasing by seven (7) feet, the minimum required to accommodate the antennas and will be constructed upon an existing mechanical room that is located on the roof’s parking lot. The new facility will also be in a location more interior to the overall site.
It is further recommended that the Planning Commission adopt a Resolution confirming this action.
Prepared by
City Council/RSA Agenda 151 Tuesday, February 27, 2024
Planning Commission Staff Report, February 1, 2024
ASD-23-023 and UP-23-008, 14 Union Square, Page 15
Natalie Dean, Associate Planner
Attachments
Exhibit A:
Attachment 1 to Exhibit A:
Exhibit B:
Exhibit C:
Project Plans (See CC Resolution - Exhibit A)
Radio Frequency Emissions Compliance Report
Photo Simulations
Statement of Use
City Council/RSA Agenda 152 Tuesday, February 27, 2024