BE IT FURTHER RESOLVED that the City Manager is hereby delegated the authority to make non-substantive changes or minor amendments to the allocation request or IPR as he/she deems appropriate; and
BE IT FURTHER RESOLVED that a copy of this resolution shall be transmitted to MTC in conjunction with filing the Union City allocation request referenced herein.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10th day of September 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 – Initial Project Report Form
2. Exhibit B – IPR Funding Plan Excel
3. Exhibit C – Allocation Request
4. Exhibit D – Cash Flow Plan
City Council/RSA Agenda 154 Tuesday, September 10, 2024 Regional Measure 3
Initial Project Report
Project/Subproject Details
Basic Project Information
Project Number 17
Project Title Dumbarton Corridor Improvements
RM3 Funding Amount $130,000,000
Subproject Information
Subproject Number
Subproject Title UNION CITY BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING PROJECT (CITY PROJECT NO. 14-14)
RM3 Funding Amount $3,000,000
I. Overall Subproject Information
a. Project Sponsor / Co-sponsor(s) / Implementing Agency Project Sponsor
City of Union City
Implementing Agency
City of Union City
b. Detailed Project Description (include definition of deliverable segment if different from overall project/subproject)
As part of the Union City Intermodal Station, this pedestrian at-grade project completes the Union City BART Station improvements by constructing the new east entrance and making the station a two-sided station with a direct connection to the 100-acre TOD Station District Area, 11th Street and the future Intercity Rail Station. This new passageway made available through the east side of the BART station and across the UP (Union Pacific) tracks will reduce the walking trip distance from a ½ mile to 150 feet, making it much more convenient and attractive to access the BART station with active transportation modes. Based on UP New Public Pedestrian At-Grade Crossing Permit, the project is also required to include improvements at two (2) other at-grade crossing locations along the Oakland Subdivision, including pedestrian sidewalk, safety gates and railroad signal pre-emption improvements at the existing Decoto Road At-Grade Crossing and the full closure of existing “I” Street At-Grade Crossing (see project graphic in Section I.f.). This Pedestrian At-Grade Crossing is the critical link connecting the Union City City Council/RSA Agenda 155 Tuesday, September 10, 2024 Regional Measure 3 Initial Project Report
BART Station to the future intercity rail station (East Bay Hub) located on Oakland Subdivision railroad on the east side and adjacent to the BART station.
c. Impediments to Project Completion
The City and UP have agreed on the language for a Supplemental Agreement that includes final design details. UP has already approved the final design. The City Council is scheduled to authorize signature of the Supplemental Agreement at the September 10, 2024 meeting and UP is expected to sign and execute the agreement by late October.
d. Risk Management (describe risk management process for project budget and schedule, levels of contingency and how they were determined, and risk assessment tools used) The major project risk was the required UP permit review and approval process that would be memorialized in an agreement with UP along with associated costs for track and safety signals improvements. Our key risk management process has been to hold bi-weekly meetings with the project team, including legal counsel that specializes in railroad projects, followed by standing monthly meetings with UP staff to review the City’s improvements, UP’s trackway improvements, construction staging, schedule, and updates to the UP agreement along with UP associated costs. The Supplemental agreement with UP that is in the process of being executed resolves the permit review and approval risk. e. Operability (describe entities responsible for operating and maintaining project once completed/implemented)
City of Union City and BART entered into an Operating Memorandum No. 3 in July 2019, (an amendment to the March 2011 Cooperative Agreement for the Implementation of the Union City Intermodal Station District Phase 2 project). This agreement addresses the improvements covered under a larger set of projects included in overall Intermodal Station Phase 2 project that included multiple station circulation improvements as well as the Union City BART East Entrance and At-Grade Pedestrian Crossing project the City will construct with RM3 funds. The Union City BART East Entrance and At-Grade Pedestrian Crossing project is the last project component in the larger Intermodal Station Phase 2 set of improvements to be constructed. The agreement outlines the responsibilities for the construction of the identified improvements and requirements for the City of Union City while constructing the at-grade pedestrian crossing work on the UP right of way adjacent to the BART property. The City of Union City supplemental agreement with UP (the agreement that is pending execution, see question I.c.) addresses the responsibility of the City to construct and maintain at grade pedestrian crossing upon completion of construction.
City Council/RSA Agenda 156 Tuesday, September 10, 2024 Regional Measure 3 Initial Project Report
f. Project Graphic(s) (include below or attach)
II. Project Phase Description and Status
a. Environmental/Planning Does NEPA apply? Yes ☐ No☒
Project has CEQA clearance.
City Council/RSA Agenda 157 Tuesday, September 10, 2024 Regional Measure 3 Initial Project Report
b. Design
In 2019, Union City entered into a Public At-Grade Pedestrian Crossing Agreement with UP for a new BART Pedestrian At-Grade Crossing on the Oakland Subdivision (MP 27.1) trackway adjacent to BART Station. The agreement requires other Oakland Subdivision railroad improvements such as pedestrian sidewalk, safety gates and railroad signal pre-emption improvements at the existing Decoto Road AtGrade Crossing (MP 26.9) and the full closure of existing I Street At-Grade Crossing (MP 26.7). UP has agreed to the final design details and the City is reviewing the final design documents prepared by the consultant design team in preparation to advertise the construction contract. c. Right-of-Way Activities / Acquisition
We have UP and CPUC agreements in hand and are able to construct the project. d. Construction / Vehicle Acquisition / Operating
City is scheduled to advertise the construction contract in October 2024.
III. Project Schedule
Phase-Milestone
Planned
Start Date Completion Date
Environmental Studies, Preliminary Eng. (ENV / PE / PA&ED) 6/05 Final Design - Plans, Specs. & Estimates (PS&E) 7/15 9/24 Right-of-Way Activities /Acquisition (R/W) 7/15 9/24
Construction (Begin – Open for Use) / Acquisition (CON) 2/25 3/26
City Council/RSA Agenda 158 Tuesday, September 10, 2024 Regional Measure 3 Initial Project Report
IV. Project Budget
Capital
Project Budget
Total Amount
- Escalated to
Year of Expenditure (YOE)-
(Thousands)
Environmental Studies & Preliminary Eng (ENV / PE / PA&ED) $10 Design - Plans, Specifications and Estimates (PS&E) $660 Right-of-Way Activities /Acquisition (R/W) $400
Construction / Rolling Stock Acquisition (CON) $7,372
Total Project Budget (in thousands) $8,442
Deliverable Segment Budget (if different from Project budget) Total Amount
- Escalated to
Year of Expenditure (YOE)-
(Thousands)
Environmental Studies & Preliminary Eng (ENV / PE / PA&ED) Design - Plans, Specifications and Estimates (PS&E)
Right-of-Way Activities /Acquisition (R/W)
Construction / Rolling Stock Acquisition (CON)
Total Project Budget (in thousands)
Operating
Total Amount
- Escalated to
Year of Expenditure (YOE)-
(Thousands)
Annual Operating Budget
City Council/RSA Agenda 159 Tuesday, September 10, 2024 Regional Measure 3 Initial Project Report
V. Project Funding
Please provide a detailed funding plan in the Excel portion of the IPR. Use this section for additional detail or narrative as needed and to describe plans for any “To Be Determined” funding sources, including phase and year needed.
VI. Contact/Preparation Information
Contact for Project Sponsor
Name: Marilou Ayupan, P.E.
Title: Public Works Director
Phone: 510-675-5306
Email: [email protected]
Mailing Address: 34009 Alvarado Niles Rd
Union City, CA 94587
Person Preparing Initial Project Report (if different from above) Name: Matt Todd, P.E.
Title: Project Manager
Phone: 510-206-3920
Email: [email protected]
Mailing Address: 1320 Mount Diablo Boulevard, Suite 206 Walnut Creek, CA 94596
City Council/RSA Agenda 160 Tuesday, September 10, 2024
1. List funding information for the overall project. If your project will be implemented in phases, other sheets are provided for you to separate out the funding plan for the segment or phase.
2. List funding information by source, phase and fiscal year.
3. In the "Committed?" column, please indicate whether a funding source is committed or uncommitted:
Yes - Any previously expended funding, programmed (and allocated if applicable), earmarked, and any other funds sources which have received spending authority
No - Uncommitted - Programmed but not allocated, Not programmed but agreed upon, expenditure plan approved Unknown funding sources can be listed as "To Be Determined", please provide additional naarrative of plans for these sources in the Word portion of the IPR
4. In the "Amount Expended" column, provide the amount expended for all fund sources by phase as of the time of the IPR application. The remaining amount will automatically calculate, please confirm this matches the remaining amount in all committed fund sources.
5. If the total project remains under-funded with uncommitted funding, then the RM-3 funding must be part of a fully funded deliverable phase or component of the total project, which will result in an operable or useable segment.
Please use the Defined Segment Funding sheet to show the RM-3 Deliverable segment.
6. List known funding sources for operation of the project once completed
1. Provide committed funding by Fund Source for the deliverable phase or segment - if different from the total project.
The RM-3 defined phase or component must result in a useable or operable segment.
2. If the RM-3 revenues are funding only a phase or segment of a larger project, the RM-3 defined segment must be fully funded with committed funds.
3. Information needs to be separately identified on the "Defined segment Funding" sheet if the RM-3 funds are for a deliverable, operating/useable segment within the total overall project .
1. Provide planned expenditures for RM-3 funded phases by fiscal year.
2. The RM-3 Funding Subtotal and Capital Funding Subtotal should equal the amounts shown on the Full Project Funding Plan sheet, or the Deliverable Segment Funding Sheet if different from the full funding plan.
1. Provide breakdown of complete cost or intended expenditure for the phase covered in the allocation request. This shall include items/elements funded by other fund sources.
2. Use a different EBP sheet for each phase of a project. 3 Provide details on the work scope of staff and vendor. Provide Engineer's estimates on construction, right-of-way and vehicles procurement cost, as applicable.
4. The Total Estimated Costs should equal the Capital Funding Total on the Full Project Funding Plan Sheet, or the Deliverable Segment Funding sheet if different from the full funding plan.
Full Project Funding Plan Sheet
Defined Segment Funding Sheet
RM-2 Funding Cash Flow Plan Sheet
Allocation Estimated Budget Plan (EBP) Form
City Council/RSA Agenda 161 Tuesday, September 10, 2024 Regional Measure 3
Intitial Project Report - Subproject Report
Funding Plan
Project Title:
Subproject Title
Project/Subproject Number: 17.2
Total RM3 Funding: $ 3,000
(add rows as necessary)
CAPITAL FUNDING
Funding Source Committed? (Yes/No)
Total Amount
($ thousands)
Amount Expended
($ thousands)
Amount Remaining
($ thousands)
ENV
Other Local Yes $ 10 $ 10 $ -
$ -
$ -
$ -
$ -
$ -
ENV Subtotal $ 10 $ 10 $ -
PSE
Other Local Yes $ 660 $ 650 $ 10
$ -
$ -
$ -
$ -
$ -
PSE Subtotal $ 660 $ 650 $ 10
ROW
Other Local Yes $ 162 $ 150 $ 12
Alameda CTC VRF Yes $ 238 $ 238 $ -
(ROW/UPRR review) $ -
$ -
$ -
$ -
ROW Subtotal $ 400 $ 388 $ 12
CON
RM3 Yes $ 3,000 $ 3,000
SR2B Yes $ 3,000 $ 3,000
Other Local Yes $ 1,372 $ 1,372
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
CON Subtotal $ 7,372 $ - $ 7,372
Capital Funding Total $ 8,442 $ 1,048 $ 7,394
OPERATING FUNDING (Annual)
Funding Source Phase Committed? (Yes/No)
Total Amount
($ thousands)
Operating
Operating Funding Total $ -
Dumbarton Corridor Improvements
UNION CITY BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING City Council/RSA Agenda 162 Tuesday, September 10, 2024 Regional Measure 3
Intitial Project Report - Subproject Report
Funding Plan - Deliverable Segment - Fully funded phase or segment of total project Project Title:
Subproject Title
Project/Subproject Number: 17.2
Total RM3 Funding: $ 3,000
(add rows as necessary)
RM3 Deliverable Segment Funding Plan - Funding by planned year of allocation Funding Source Prior 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 Future
committed
Total Amount
($ thousands)
Amount
Expended
($ thousands)
Amount
Remaining
($ thousands)
ENV
RM-3 $ - $ -
Other Local $ 10 $ 10 $ 10 $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
ENV Subtotal $ 10 $ - $ - $ - $ - $ - $ - $ - $ - $ 10 $ 10 $ - PSE
RM-3 $ - $ -
Other Local $ 660 $ 660 $ 650 $ 10
$ - $ -
$ - $ -
$ - $ -
$ - $ -
PSE Subtotal $ 660 $ - $ - $ - $ - $ - $ - $ - $ - $ 660 $ 650 $ 10 ROW
RM-3 $ - $ -
Other Local $ 162 $ 162 $ 150 $ 12
Alameda CTC VRF $ 238 $ 238 $ 238 $ -
$ - $ -
$ - $ -
$ - $ -
ROW Subtotal $ 400 $ - $ - $ - $ - $ - $ - $ - $ - $ 400 $ 388 $ 12 CON
RM-3 $ 3,000 $ 3,000 $ 3,000
SR2B $ 3,000 $ 3,000 $ 3,000
Other Local $ 1,372 $ 1,372 $ 1,372
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
CON Subtotal $ - $ 7,372 $ - $ - $ - $ - $ - $ - $ - $ 7,372 $ - $ 7,372 RM-3 Funding Subtotal $ - $ 3,000 $ - $ - $ - $ - $ - $ - $ - $ 3,000 $ - $ 3,000 Capital Funding Total $ 1,070 $ 7,372 $ - $ - $ - $ - $ - $ - $ - $ 8,442 $ 1,048 $ 7,394 Dumbarton Corridor Improvements
UNION CITY BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING City Council/RSA Agenda 163 Tuesday, September 10, 2024 Regional Measure 3
Intitial Project Report - Subproject Report
Cash Flow Plan
Project Title:
Subproject Title
Project/Subproject Number: 17.2
Total RM3 Funding: $ 3,000
(please include all planned funding, add rows as necessary) RM3 Cash Flow Plan for Deliverable Segment - Funding by planned year of expenditure Funding Source Prior 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 Future
committed
Total Amount
($ thousands)
ENV
RM 3 $ -
Other Local $ 10 $ 10
$ -
$ -
$ -
$ -
ENV Subtotal $ 10 $ - $ - $ - $ - $ - $ - $ - $ - $ 10
PSE
RM 3 $ -
Other Local $ 640 $ 20 $ 660
$ -
$ -
$ -
$ -
PSE Subtotal $ 640 $ 20 $ - $ - $ - $ - $ - $ - $ - $ 660 ROW
RM 3 $ -
Other Local $ 132 $ 30 $ 162
Alameda CTC VRF $ 238 $ 238
$ -
$ -
$ -
ROW Subtotal $ 370 $ 30 $ - $ - $ - $ - $ - $ - $ - $ 400 CON
RM 3 $ 600 $ 2,400 $ 3,000
SR2B $ 600 $ 2,400 $ 3,000
Other Local $ 270 $ 1,102 $ 1,372
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
CON Subtotal $ - $ 1,470 $ 5,902 $ - $ - $ - $ - $ - $ - $ 7,372 RM 3 Funding Subtotal $ - $ 600 $ 2,400 $ - $ - $ - $ - $ - $ - $ 3,000 Capital Funding Total $ 1,020 $ 1,520 $ 5,902 $ - $ - $ - $ - $ - $ - $ 8,442 Dumbarton Corridor Improvements
UNION CITY BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING City Council/RSA Agenda 164 Tuesday, September 10, 2024 Regional Measure 3
Intitial Project Report - Subproject Report
Estimated Budget Plan
Project Title:
Subproject Title
Project/Subproject Number: 17.2
Total RM3 Funding: $ 3,000
1. Direct Labor of Implementing Agency (specify by name and job function) Estimated Hours Rate/Hour Total Estimated cost $ -
$ -
$ -
$ -
$ -
$ -
Direct Labor Subtotal $ -
2. Overhead and direct benefits (specify) Rate x Base
$ -
0 0
0 0
0 Overhead and Benefit Subtotal $ -
3. Direct Capital Costs (include engineer's estiamte on construction, right-of-way, or vehicle acquisition Unit (if applicable) Cost per unit Total Estimated cost Construction Contract - General 1 6522 $ 4,747
Construction Contract - UPRR $ 1,775
$ -
$ -
$ -
$ -
Direct Capital Costs Stubtotal $ 6,522
4. Consultants (Identify purpose and/or consultant) Total Estimated cost Env Consultant $ 10
Design Consultant $ 660
ROW/UPRR Review $ 400
CM Support $ 850
Constultants Subtotal $ 1,920
5. Other direct costs Total Estimated cost
Other Direct Costs Subtotal $ -
Total Estimated Costs $ 8,442
Dumbarton Corridor Improvements
UNION CITY BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING Comments:
Based on August '24 engineer estimate
City Council/RSA Agenda 165 Tuesday, September 10, 2024 Regional Measure 3
Allocation Request
RM3 Project Information
Project Number 17
Project Title Dumbarton Corridor Improvements
Project Funding Amount $130,000,000
Subproject Information (if different from overall RM3 project) Subproject Number
Subproject Title UNION CITY BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN
CROSSING PROJECT
Subproject Funding
Amount $3,000,000
RM3 Allocation History (Add lines as necessary)
MTC Approval
Date
Amount Phase
#1:
#2
#3
Total: $
Current Allocation Request:
Request submittal date Amount Phase
September 5, 2024 $3,000,000 Construction
City Council/RSA Agenda 166 Tuesday, September 10, 2024 I. RM3 Allocation Request Information
a. Describe the current status of the project, including any progress since the last allocation request or IPR update, if applicable.
The project is 100% designed and the City is preparing to advertise the construction contract in October 2024. The City is concurrently preparing to release an RFP for construction management services in September 2024. The CM team and Construction Contractor are scheduled to be awarded in December 2024.
b. Describe the scope of the allocation request. Provide background and other details as necessary. The scope must be consistent with the RM3 statute. If the scope differs from the most recent IPR for this project, please describe the reason for any changes here; a revised IPR may be necessary.
These funds will be utilized to construct the pedestrian at-grade project that completes the Union City BART Station improvements by constructing the new east entrance and making the station a two-sided station with a direct connection to the 100-acre TOD Station District Area, 11th Street and the future Intercity Rail Station along with other required UP railroad improvements.
c. Deliverable segment budget – please fill out attached Excel file. If the budget differs from the most recent IPR for this project, please describe the reason for any changes here; a revised IPR may be necessary.
The budget has been revised based on the latest evaluation of the contract line items, which resulted in a less than 1% change in construction cost estimate. d. Schedule – what is the expected completion date of the phase for this allocation? Describe any significant milestones.
10/2024 Advertise Construction Contract
12/2024 Award Construction Contract
2/2025 Contractor Starts Work
3/2026 Project Open to Public
e. If the project received an RM3 Letter of No Prejudice, how much has been spent against the approved RM3 LONP amount? (Note: the scope and RM3 amount for this allocation request should match the approved LONP)
NA
City Council/RSA Agenda 167 Tuesday, September 10, 2024 f. Request Details
Amount being requested $3,000,000
Project phase being requested Construction
Are there other fund sources involved in this phase? ☒ Yes ☐ No Date of anticipated Implementing Agency Board approval of RM3 Allocation Request resolution for the allocation being requested 9/24 Month/year being requested for MTC commission approval of allocation 11/24
Note: Allocation requests are recommended to be submitted to MTC staff for review sixty (60) days prior to action by the Implementing Agency Board
g. List any other planned bridge toll allocation requests in the next 12 months NA
City Council/RSA Agenda 168 Tuesday, September 10, 2024 Regional Measure 3
Allocation Request
Funding Plan - Deliverable Segment - Fully funded phase or segment of total project Project Title:
Subproject Title
Project/Subproject Number: 17.2
Total RM3 Funding: $ 3,000
(add rows as necessary)
RM3 Deliverable Segment Funding Plan - Funding by planned year of allocation Funding Source Phase Prior 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 Future
committed
Total Amount
($ thousands)
Amount
Expended
($ thousands)
Amount
Remaining
($ thousands)
RM3 ENV $ - $ -
Other Local ENV $ 10 $ 10 $ 10
$ - $ -
$ - $ -
$ - $ -
$ - $ -
ENV Subtotal $ 10 $ - $ - $ - $ - $ - $ - $ - $ - $ 10 $ - $ 10 RM 3 PSE $ - $ -
Other Local PSE $ 660 $ 660 $ 650 $ 10
$ - $ -
$ - $ -
$ - $ -
$ - $ -
PSE Subtotal $ 660 $ - $ - $ - $ - $ - $ - $ - $ - $ 660 $ 650 $ 10 RM 3 ROW $ - $ -
Other Local ROW $ 162 $ 162 $ 150 $ 12
Alameda CTC VRF ROW $ 238 $ 238 $ 238 $ -
$ - $ -
$ - $ -
$ - $ -
ROW Subtotal $ 400 $ - $ - $ - $ - $ - $ - $ - $ - $ 400 $ 388 $ 12 RM 3 CON $ 3,000 $ 3,000 $ 3,000
SR2B CON $ 3,000 $ 3,000 $ 3,000
Other Local CON $ 1,372 $ 1,372 $ 1,372
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
CON Subtotal $ - $ 7,372 $ - $ - $ - $ - $ - $ - $ - $ 7,372 $ - $ 7,372 RM 3 Funding Subtotal $ - $ 3,000 $ - $ - $ - $ - $ - $ - $ - $ 3,000 $ - $ 3,000 Capital Funding Total $ 1,070 $ 7,372 $ - $ - $ - $ - $ - $ - $ - $ 8,442 $ 1,038 $ 7,404 Dumbarton Corridor Improvements
UNION CITY BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING City Council/RSA Agenda 169 Tuesday, September 10, 2024 Regional Measure 3
Allocation Request
Cash Flow Plan
Project Title:
Subproject Title
Project/Subproject Number: 17.2
Total RM3 Funding: $ 3,000
(please include all planned funding, add rows as necessary) Please update the columns below based on your allocation month. The first six months of cash flow are monthly, followed by quarterly, then annually as long as you can reasonably estimate projected expenditures RM3 Cash Flow Plan for Deliverable Segment - Funding by requested expenditure period Funding Source(s)
List all funding sources besides RM3 Phase Prior Jul-24 Aug-24 Sep-24 2025 Q2
(Oct - Dec
2024)
2025 Q3
(Jan - March
2025)
2025 Q4
(April - June 2025)
2026 Q1
(July- Sept 2025)
2026 Q2
(Oct - Dec 2025)
2026 Q3
(Jan - March 2026)
2026 Q4
(April - June 2026)
2027 Q1
(July- Sept 2026)
2027 Q2
(Oct - Dec 2026)
2027 Q3
(Jan - March 2027)
2027 Q4
(April - June 2027)
2028 Q1
(July- Sept
2027)
2028 Q2
(Oct - Dec 2027)
Future committed
(if applicable)
Total Amount
($ millions)
Amount Expended
($ millions)
Amount Remaining
($ millions)
RM 3 ENV $ - $ -
Other Local ENV $ 10 $ 10 $ 10
$ - $ -
$ - $ -
$ - $ -
$ - $ -
ENV Subtotal $ 10 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 10 $ - $ 10 RM 3 PSE $ - $ -
Other Local PSE $ 640 $ 10 $ 10 $ 660 $ 660
$ - $ -
$ - $ -
$ - $ -
$ - $ -
PSE Subtotal $ 640 $ 10 $ 10 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 660 $ - $ 660 RM 3 ROW $ - $ -
Other Local ROW $ 132 $ 15 $ 15 $ 162 $ 162
Alameda CTC VRF ROW $ 238 $ 238 $ 238
$ - $ -
$ - $ -
$ - $ -
ROW Subtotal $ 370 $ 15 $ 15 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 400 $ - $ 400 RM 3 CON $ 600 $ 600 $ 600 $ 600 $ 600 $ 3,000 $ 3,000
SR2B CON $ 600 $ 600 $ 600 $ 600 $ 600 $ 3,000 $ 3,000
Other Local CON $ 270 $ 270 $ 270 $ 270 $ 292 $ 1,372 $ 1,372 $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
CON Subtotal $ - $ - $ - $ - $ - $ - $ 1,470 $ 1,470 $ 1,470 $ 1,470 $ 1,492 $ - $ - $ - $ - $ - $ - $ - $ 7,372 $ - $ 7,372 RM 3 Funding Subtotal $ - $ - $ - $ - $ - $ - $ 600 $ 600 $ 600 $ 600 $ 600 $ - $ - $ - $ - $ - $ - $ - $ 3,000 $ - $ 3,000 Capital Funding Total $ 1,020 $ 25 $ 25 $ - $ - $ - $ 1,470 $ 1,470 $ 1,470 $ 1,470 $ 1,492 $ - $ - $ - $ - $ - $ - $ - $ 8,442 $ - $ 8,442 Notes: RM3 funds should be drawn down approximately propotionately with other funding sources in the same phase. The allocation expiration date will be the end of the final fiscal year in which RM3 funds are planned to be expended for the requested phase.
Dumbarton Corridor Improvements
UNION CITY BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING City Council/RSA Agenda 170 Tuesday, September 10, 2024 Regional Measure 3
Allocation Request
Estimated Budget Plan
Project Title:
Subproject Title
Project/Subproject Number: 17.2
Total RM3 Funding: $ 3,000
1. Direct Labor of Implementing Agency (specify by name and job function) Estimated Hours Rate/Hour Total Estimated cost $ -
$ -
$ -
$ -
$ -
$ -
Direct Labor Subtotal $ -
2. Overhead and direct benefits (specify) Rate x Base
Overhead $ -
$ -
$ -
$ -
$ -
$ -
Overhead and Benefit Subtotal $ -
3. Direct Capital Costs (include engineer's estiamte on construction, right-of-way, or vehicle acquisition Unit (if applicable) Cost per unit Total Estimated cost Construction Contract - General $ 4,747
Construction Contract - UPRR $ 1,775
$ -
$ -
$ -
$ -
Direct Capital Costs Stubtotal $ 6,522
4. Consultants (Identify purpose and/or consultant) Total Estimated cost Env Consultant $ 10
Design Consultant $ 660
ROW/UPRR Review $ 400
CM Support $ 850
Constultants Subtotal $ 1,920
5. Other direct costs Total Estimated cost
Other Direct Costs Subtotal $ -
Total Estimated Costs $ 8,442
Dumbarton Corridor Improvements
UNION CITY BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING Comments:
Based on August '24 engineer estimate
City Council/RSA Agenda 171 Tuesday, September 10, 2024 Adopt a Resolution Authorizing the City Manager to
Submit An Allocation Request to Metropolitan
Transportation Commission (MTC) from Regional
Measure 3, Dumbarton Corridor in the amount of $3.0
Million and Accepting Alameda County Transportation
Commission’s Designation as Implementation Agency
for the Union City BART East Entrance and At-Grade
Pedestrian Crossing Project, City Project No. 14-14
September 10, 2024 - City Council Meeting
Marilou R. Ayupan, Public Works Director Item 7a.
City Council/RSA Agenda 172 Tuesday, September 10, 2024 2 Metropolitan Transportation Commission (MTC)
Metropolitan Transportation Commission (MTC), a Regional Planning Agency has been designated as the federal Metropolitan Planning Organization (MPO) and the state Regional Transportation Planning Agency (RTPA) for the San Francisco Bay Area for the San Francisco Bay Area Nine (9) Counties.
City Council/RSA Agenda 173 Tuesday, September 10, 2024 3 Metropolitan Transportation Commission (MTC)
City Council/RSA Agenda 174 Tuesday, September 10, 2024 4 Metropolitan Transportation Commission (MTC)
Major Regional Transportation Projects that meet the goals of MTC’s Plan Bay Area 2050 (PBA50) are candidates for future federal, station and regional transportation funds. Major Transit and Rail Projects- BART, ACE and Intercity Rail Major Multimodal Projects-Quarry Lakes Parkway City Council/RSA Agenda 175 Tuesday, September 10, 2024 5 MTC’s Toll Bridges Measure Program
Bay Area Toll Authority (BATA) is a public instrumentality governed by MTC. BATA oversees the revenues for the seven (7) Bay Area Toll Bridges: Dumbarton,
San Mateo-Hayward, San Francisco-Oakland, RichmondSan Rafael, Carquinez, BeniciaMartinez, and Antioch.
City Council/RSA Agenda 176 Tuesday, September 10, 2024 6 MTC’s Past Toll Measure Programs (RM 1 and RM 2)
Voters approved Toll Measures include Regional Measure 1 (RM 1) in 1988 and Regional Measure 2 (RM 2) in 2004. Projects & Programs• BART Warm Springs • Dumbarton Express “No Projects in Union City or along the Dumbarton/Decoto Corridor” City Council/RSA Agenda 177 Tuesday, September 10, 2024 7 MTC’s Regional Measure 3 (RM 3) Program ($4.45 Billion) (Approved by Voters in 2018)
RM 3 Expenditure Plan (Projects and Programs)
(17) Dumbarton Corridor Improvements. ($130,000,000). Funds planning, environmental review, design, and construction of capital improvements within the Dumbarton Bridge and rail corridor in the Counties of Alameda and San Mateo to relieve congestion, increase person throughput, and offer reliable travel times. Eligible projects recommended in the Dumbarton Corridor Transportation Study and improvements to facilitate rail and transit connectivity among ACE, Capitol Corridor, and BART, including rail connection at the Shinn Station. The project sponsors are BATA, Alameda CTC, San Mateo Transit District and San Mateo County Transportation Authority.
City Council/RSA Agenda 178 Tuesday, September 10, 2024 8 RM 3, Dumbarton Corridor Improvement Program(Shinn Station is Union City Intermodal Station) City Council/RSA Agenda 179 Tuesday, September 10, 2024 9 RM 3, Dumbarton Corridor Improvement Program Funds
MTC Recommended RM 3 List of Projects (Project Readiness) City Council/RSA Agenda 180 Tuesday, September 10, 2024 10 RM 3, Dumbarton Corridor Improvement Program
Submit $3.0 Million Allocation Request
City Council/RSA Agenda 181 Tuesday, September 10, 2024 11 RM 3, Dumbarton Corridor Improvement Program
RM 3 Approval ProcessSept. 2024 - City submit $3.0 M RM3 Allocation Request to AlaCTCOct. 2024 - Alameda CTC Board Approval Nov. 2024 - MTC Board ApprovalExpected new MTC’s $3.0 Million RM3 Project Funding Agreement by December 2024/January 2025 for the Construction Phase of the Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14.
City Council/RSA Agenda 182 Tuesday, September 10, 2024 12 RM 3, Dumbarton Corridor Improvement Program
Future $25.0 M RM3 Allocation Request
City Council/RSA Agenda 183 Tuesday, September 10, 2024 13 RM 3, Dumbarton Corridor Improvement Program Funds
Staff Recommendation Adopt a Resolution Authorizing the City Manager to Submit An Allocation Request to the Metropolitan Transportation
Commission (MTC) from Regional Measure 3, Dumbarton Corridor Improvements Program in the amount of $3.0 Million and Accepting Alameda County Transportation Commission’s Designation of the City of Union City as the Implementation Agency for the Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14
Questions?
City Council/RSA Agenda 184 Tuesday, September 10, 2024 Agenda Item
DATE: 9/10/2024
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUPPLEMENTAL AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY TO
THE PUBLIC AT-GRADE PEDESTRIAN CROSSING AGREEMENT, BART PEDESTRIAN CROSSING, DOT 859611R, MILE POST 27.08 - OAKLAND
SUBDIVISION, CITY OF UNION CITY, ALAMEDA COUNTY, CALIFORNIA (CITY PROJECT NO. 14-14), IN AFORM APPROVED BYTHE CITYATTORNEY
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Supplemental Agreement with Union Pacific Railroad Company to the Public At-Grade Pedestrian Crossing Agreement, BART Pedestrian Crossing, DOT 859611R, Mile Post 27.08 – Oakland Subdivision, City of Union City, Alameda County, California (City Project No. 14-14), in a form approved by the CityAttorney.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 2: Economic, Community Development and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian rail crossing, and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served byACE.
BACKGROUND
A key element of the Station District Plan has been to build a new at-grade pedestrian crossing across the railroad tracks that are located on the east side of Union City BART Station to provide a direct pedestrian link for existing and future high-density development. By using the direct path, pedestrians will avoid a ½ mile circuitous walk to cross the tracks on Decoto Road. The crossing will be located on the UPRR Oakland Subdivision tracks and will provide direct pedestrian access into the BART Station and utilize the free-pass-through within the BART Station that was constructed as part of the BART Phase 2 project. With the completion of the rail crossing, pedestrians will be able to walk through the BART Station without entering a paid area and have direct access to commercial centers, job centers, and housing.
The City applied to Union Pacific Railroad Company (UPRR) and California Public Utilities Commission (CPUC) to construct the at-grade crossing in 2011, and in 2014 the City created a project number known as City Project No.14-14.
The City Council adopted Resolution No. 5092-17, June 27, 2017, authorizing the City Manager to negotiate an agreement with Union Pacific Railroad to design and construct the at-grade crossing. As a condition of the creating the new at-grade crossing, the California Public Utilities Commission Order issued “Decision Authorizing the City of Union City to Construct an At-Grade Pedestrian Rail Crossing Across the Union Pacific Oakland Subdivision, Mile Post 27.10 in the City of Union City, Alameda County” on December 4, 2017, requiring the closure of an existing at-grade rail City Council/RSA Agenda 185 Tuesday, September 10, 2024 crossing.
On July 9, 2019, the City Council adopted Resolution No. 5503-19 authorizing the City Manager to execute the “Public At-Grade Pedestrian Crossing Agreement, BART Pedestrian Crossing, DOT 859611R, Mile Post 27.08 – Oakland Subdivision, City of Union City, Alameda County California, (Public At-Grade Crossing Permit), UP Real Estate Folder No: 3055-45” (“Original Agreement”).
DISCUSSION
Under the terms of the Original Agreement, the City paid UPRR to design and to construct railroad warning gates, safety equipment and communications facilities at the proposed crossing, while the City designed and will construct the non-rail elements which include a concrete walkway, ramps, stairs, hand railing, drainage and architectural elements such as granite cladding and lights. The construction plans for the City’s portion of the work are being finalized and the bid package for the At-Grade Pedestrian Crossing at BART Project, City Project No. 14-14, will be ready for advertisement in the Fall of 2024. Interior improvements to the Union City BART Station that allow for a free pass through were previously completed through the BART Phase 2A project in 2021.
As a condition of approving the new at-grade pedestrian crossing, UPRR and CPUC have required the City to improve the pedestrian access and sidewalks that cross the Oakland Subdivision railroad tracks on Decoto Road, in addition to installing ‘queue-cutter’ signals to improve railroad pre-emption warning time associated with their safety equipment. Also, the closure of the I Street (public street) railroad crossing of the Oakland Subdivision near Kennedy Park is required to mitigate opening a new railroad crossing. Lastly, the City is required to undertake future railroad safety projects at Smith Street railroad crossing and Whipple Road railroad crossings.
The City commissioned a study by TJKM Transportation Consultants to evaluate the closure of railroad crossings within the City that include three main rail lines: 1) the Coast Subdivision line, which crosses the western side of the City and is used by freight and passenger rail; 2) the Niles Subdivision, which is the furthest easterly line and is used by freight and passenger rail; and 3) the Oakland Subdivision line, which is located parallel to the BART tracks and carries intermittent freight that mostly serves local business. Closure of the railroad crossings at any of the major roads such as at Union City Boulevard, Alvarado Boulevard, Smith Street, Dyer Street, Whipple Road and the Decoto Road would not have been possible as each of these is a major arterial road and commuter corridor.
Potential closures at smaller F Street and H Street (which is a collector street) were also evaluated but ultimately considered too impactful to pedestrian and vehicular traffic. Thus, by the process of elimination, I Street crossing was selected for permanent street closure since it would have the least impact amongst all the potential street closure locations. I Street is a five-block street that runs from Railroad Avenue to 14th Street. According to the study report, Fire and Police Departments also preferred I Street closure over the other options.
The Supplemental Agreement amends the Original Agreement to add the provisions of a “Closure Plan” designating that the City will take all actions necessary to permanently close and vacate the I Street Crossing and any easements and/or any other rights across the Railroad’s property in connection with such crossing.
Additionally, the City will furnish and install signage, install curbs and gutters, remove roadway pavement adjacent to the tracks and make other necessary specific “Safety Improvements” on UPRR property as part of the project.
The Supplemental Agreement also amends the Original Agreement to require additional Safety Improvements at Decoto Road, DOT 834186V at Milepost 26.90 on the Railroad’s Oakland Subdivision, including queue-cutter signals to address pre-emption requirements associated with railroad signals that must be completed prior to opening the newAt-grade Pedestrian Crossing at BART to the public.
Staff has planned a comprehensive program of outreach to residents living in the vicinity of I Street and the immediate surrounding area, including holding a neighborhood community meeting on September 14, 2024, at the Kennedy Youth Center, from 10:00 AM – 12:00 PM, as well as frequent messaging and updates via City social media and outreach to the New Haven School District.
Several other meetings have been held over the past year to share information about the I Street Closure, including presenting the project at the Station District Meeting held at Studio 11 in December 2023, and more recently at the District Dialogue meetings held in June 2024. The Bicycle and Pedestrian Advisory Committee was also briefed in October 2023.
A public hearing to authorize the closure of I Street will be scheduled for the City Council’s regular meeting on October 8, 2024, at 7:00 PM.
City Council/RSA Agenda 186 Tuesday, September 10, 2024 The project is estimated to start construction inApril 2025 and will be completed by March 2026.
FISCAL IMPACT
There is no impact on the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Supplemental Agreement with Union Pacific Railroad Company to the Public At-Grade Pedestrian Crossing Agreement, BART Pedestrian Crossing, DOT 859611R, Mile Post 27.08 – Oakland Subdivision, City of Union City, Alameda County, California (City Project No. 14-14), in a form approved by the CityAttorney.
Prepared by:
Farooq Azim, City Engineer
Submitted by:
MarilouAyupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - BARTPedAt-Grade Crossing Schedule Attachment Draft Resolution Resolution
ExhibitA - Draft SupplementalAgreement Exhibit
7.b. Powerpoint Attachment
City Council/RSA Agenda 187 Tuesday, September 10, 2024 Updated August 27, 2024
City Project No. 14-14
BART PEDESTRIAN AT-GRADE CROSSING PROJECT
DOT NO. 859611R: MILE POST 27.10- OAKLAND SUBDIVISION
The project will be constructed in two main phases.
Phase 1- BART At-Grade Crossing Improvements
Phase 2A – Concrete Track Panel Replacement (By UP)
Phase 2B- Decoto Road/Oakland Sub Improvements and I-Street Closure
REVISED SCHEDULE
Community Meeting & Public Hearing for At-Grade Crossing and I Street Closure Notices for Community Meeting Aug. 29, 2024
Decoto Neighborhood Community Meeting Sept. 14, 2024
Post Public Hearing Notice Sept. 18, 2024
City Council Staff Report Due Oct.27, 2024
City Council Holds Public Hearing Oct. 8, 2024
UP Supplemental Agreement
City Council Staff Report Due (CM Report) Aug. 30, 2024 City Council Authorize CM to Sign Agreement Sept. 10, 2024 City signs and submits UP Supplemental Agreement Sept. 17 2024 UP signs and executes Supplemental Agreement Oct. 1, 2024 Update Verizon’s Agreement (Phase 1)
Verizon provides updated agreement to relocate line TBD City Council Executes Verizon Agreement and updated cost TBD Verizon begins work relocating their fiber optic line TBD Verizon completes relocating their fiber optic. TBD
Update of UP’s Wireline Agreement (Phase 2B)
City submits updated Exhibit A for Wireline Agreement Aug. 9, 2024 City submits request to amend UP Wireline Agreement Aug. 12, 2024 UP approves supplemental Agreement (6 weeks) TBD
City asks HDR to update the plans to be consistent with Exhibit A Sept. X, 2024.
Phase 1: Package Final PS&E Package
Design Team Submits 100% PS&E to City Aug.16, 2024
City Completes Review 100% PS&E (4 weeks) Sept. 13, 2024 HDR/ROMA updates Final PS&E (3 weeks) Sept. 16 - Oct.4, 2024 City Council/RSA Agenda 188 Tuesday, September 10, 2024
RFP for Construction Management and Inspection Services Draft RFP completed by City Staff for internal review Aug. 16, 2024 RFP posted on City’s website and sent to prospective firms Sept. 13, 2024 Deadline to respond to RFP Nov. 1, 2024
Review of submitted RFP completed Nov. 15, 2024
Interviews to select RFP firm Dec. 10, 2024
Council Awards Consultant Contract Dec. 10, 2024
Phase 1: Finalize PS&E Package, Advertise and Award
Design Team Finalizes PS&E Ready for RTL Oct. 7, 2024
City Advertise Project (4 weeks) Oct. 10, 2024
City Open Bids Nov. 7, 2024
City Council Awards Phase 1 Construction Contract Dec. 10, 2024 Phase 1- Construction* (10 months)
Begin Construction Jan. 27, 2025
Pre-Construction Meeting Feb. 24, 2025
Begin Civil Work at BART Station March 2025
Complete Civil Work at BART Station Sept. 2025
UPRR Install & Test Warning Gate (2 months) Oct. 2025
UPRR Completes Work Nov. 2025
Secure new At-Grade Crossing Area* Dec. 2025
*Note: BART Pedestrian At-Grade Crossing to open to the public after completion of the Phase 2: Decoto Road At-Grade Crossing Improvements and I-Street Closure.
Phase 2A: UP Agreement for Concrete Track Panel (Decoto Railroad Crossing) UP prepares Draft Crossing Modification Agreement Sept. 2024 City reviews Draft Agreement Sept. 2024
UP prepares final Agreement Sept. 2024
City Council Staff Report Due Dec. 30, 2024
City Council Executes UP Agreement (Conc. Panel) Jan. 14, 2025 UP provides executed Agreement, ready for work Nov. 2025 City approves UP Detours for Decoto Road Closures March 2025 UP begins track work March 2025
City approves Contractor Detours for Decoto Closures March 2025 UP closes Decoto Road/At-Grade Crossing (2 weeks) April 2025 UP completes track work May 2025
Phase 2B: Package Final PS&E Package (Decoto At-Grade Crossing & I-Street) Design Team Submits queue-cutter signal design to UP Sept. 1, 2024 Design Team Submits Decoto At-Grade surface design to UP Sept. 1, 2024 UP provides review comments to Decoto Road Improvements Oct. 15, 2024 City Council/RSA Agenda 189 Tuesday, September 10, 2024
Design Team updates plans and resubmits to UP Oct. 15, 2024 UP reviews and approves plans Jan. 30, 2025
Design Team Submits 100% PS&E to City Feb. 28. 2025
City Completes Review 100% PS&E (3 weeks) Mar.. 21, 2025 HDR/RSE updates Final PS&E (2 weeks) Mar 28, 2025
Phase 2B: Finalize PS&E Package, Advertise and Award
Design Team Finalizes PS&E Ready for RTL Apr 11, 2025
City Advertise Project (4 weeks) Apr 14, 2025
City Open Bids May 9, 2025
City Council Awards Phase 2B Construction Contract May 27, 2025 Phase 2B: Construction (10 months)
Begin Construction July 1, 2025
Complete Decoto Road Improvements (4 months) Oct. 31, 2025 UP completes railroad signal work Nov. 2025
Complete I-Street Closure Nov. 2025
UP removes I Street Equipment Dec. 2025
UP completes testing of railroad safety gates & signals Feb. 2026 BART At-Grade Crossing Open to the Public March 2026
City Council/RSA Agenda 190 Tuesday, September 10, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AUTHORIZING THE CITY MANAGER TO
ENTER INTO A SUPPLEMENTAL AGREEMENT WITH
UNION PACIFIC RAILROAD COMPANY TO THE
PUBLIC AT-GRADE PEDESTRIAN CROSSING
AGREEMENT, BART PEDESTRIAN CROSSING, DOT
859611R, MILE POST 27.08 - OAKLAND SUBDIVISION,
CITY OF UNION CITY, ALAMEDA COUNTY
CALIFORNIA (CITY PROJECT NO. 14-14), IN A FORM
APPROVED BY THE CITY ATTORNEY
WHEREAS, a central element of the Station District Plan is to construct a new pedestrian at-grade crossing across the Oakland Subdivision to provide a direct pedestrian link from the east side of the Union City BART Station to new housing and planned job centers; and WHEREAS, a pedestrian-free pass-through has been constructed within the BART Station and will open for public use after the completion of the new at-grade pedestrian crossing on the Oakland Subdivision at Mile Post 27.08; and
WHEREAS, the City applied to Union Pacific Railroad (UPRR) in 2011 to construct an at-grade crossing; and
WHEREAS, the City Council adopted Resolution No. 5092-17, June 27, 2017, authorizing the City Manager to negotiate an agreement with Union Pacific Railroad to design and construct the at-grade crossing; and
WHEREAS, the California Public Utilities Commission issued “Decision Authorizing the City of Union City to Construct an At-Grade Pedestrian Rail Crossing Across the Union Pacific Oakland Subdivision, Mile Post 27.10 in the City of Union City, Alameda County”, on Application 17-02-010 on December 4, 2017; and
WHEREAS, on July 9, 2019, the City Council adopted Resolution No. 5503-19 authorizing the City Manager to execute the Public At-Grade Pedestrian Crossing Agreement, BART Pedestrian Crossing, DOT 859611R, Mile Post 27.08 – Oakland Subdivision, City of Union City, Alameda County California (“Original Agreement”); and WHEREAS, the Original Agreement requires the City to construct specified improvements on Decoto Road sidewalks at the crossing of the Oakland Subdivision, to close the I Street at-grade crossing of the Oakland Subdivision; and WHEREAS, the Supplemental Agreement amends the Original Agreement to add the provisions of a “Closure Plan” outlining the necessary actions the City will take to permanently close and vacate the I Street Crossing and any easements and/or any other rights across the Railroad’s property in connection with such crossing; and WHEREAS, the Supplemental Agreement amends the Original Agreement to outline the necessary specific “Safety Improvements” on UPRR property that the City will furnish and install, including signage, curbs and gutters, and other improvements; and City Council/RSA Agenda 191 Tuesday, September 10, 2024 Resolution No. XXXX-24
Amendment to UPRR At-Grade Crossing Agreement
WHEREAS, the Supplemental Agreement amends the Original Agreement to require additional Safety Improvements at Decoto Road, DOT 834186V at Milepost 26.90 on the Railroad’s Oakland Subdivision be completed before the At-Grade Pedestrian Crossing at BART project can be opened to the public.
BE IT THEREFORE RESOLVED that the City Council of the City of Union City authorizes the City Manager to execute the Supplemental Agreement with Union Pacific Railroad Company to the Public At-Grade Pedestrian Crossing Agreement, BART Pedestrian Crossing, DOT 859611R, Mile Post 27.08 – Oakland Subdivision, City of Union City, Alameda County California, in a form approved by the City Attorney.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10th day of September 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:
Exhibit A – Draft Supplemental Agreement with Union Pacific Railroad Company to the Public At-Grade Pedestrian Crossing Agreement, BART Pedestrian Crossing City Council/RSA Agenda 192 Tuesday, September 10, 2024
UPRR Project No.: 0754260
SUPPLEMENTAL AGREEMENT
_______________________________________
THIS SUPPLEMENTAL AGREEMENT (the “Supplement”) is made as of the ______ day of ______________, 20___ (“Supplement Date”), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (“Railroad”) and the CITY OF UNION CITY, a California municipal corporation or political subdivision with a mailing address at 34009 Alvarado-Niles Road, Union City, California 94587 (“Political Body”).
RECITALS:
By instrument dated August 1, 2019, Railroad and the Political Body entered into an Agreement identified under the Railroad’s Project No. 0754260 (the “Original Agreement”) covering the construction, maintenance and use of a new public at-grade pedestrian crossing (DOT No. 859611R) located at Mile Post 27.08 on its Oakland Subdivision in or near Union City, Alameda County, California (the “Pedestrian Improvements”).
The Political Body has requested a Supplemental Agreement to the Original Agreement to include a new Section 12(A), 12(C), and 17, as well as a revised Exhibit F and an added Exhibit F1. Railroad has requested a revised Exhibit D.
AGREEMENT:
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
SECTION 1 - AMENDMENT OF THE ORIGINAL AGREEMENT
The Original Agreement Section 12(A) is hereby amended to state: The Political Body shall take all actions necessary to permanently close and vacate the I Street Crossing and any easements and/or any other rights the Political Body may have across the Railroad’s property in connection with such crossing in accordance with the plans and specifications attached hereto as Exhibit F and hereby made a part of this Agreement (the "Closure Plan") prior to the Pedestrian Improvements being opened to the public.
The Original Agreement Section 12(C) is hereby amended to state: The Political Body, at its expense, shall also (i) provide new advance street signs and pavement markings to indicate that the I Street Crossing is closed, with such signage to be in compliance with applicable current MUTCD standards and guidelines, (ii) install curbs and gutters on the side of the I Street Crossing where I Street intersects with 12th Street, (iii) remove all I Street Crossing approach surfaces up to the track tie ends, and (iv) require its Contractor to execute the Railroad's then current form of Contractor's Right of Entry Agreement. The current form of Contractor’s Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof, and for the Contractor to procure the City Council/RSA Agenda 193 Tuesday, September 10, 2024
insurance policies, certificates and endorsements required therein before allowing any Contractor to commence any work on Railroad's property.
The Original Agreement Section 17 is hereby amended to state: The Political Body, at its sole cost and expense, shall install and maintain certain safety improvements at:
(i) Decoto Road, DOT 834186V at Railroad’s Milepost 26.90 on the Railroad’s Oakland Subdivision, in accordance with the Construction and Maintenance agreement to be executed by the Railroad and the Political Body at a later date, and (ii) Several existing Railroad crossings, as further described on Exhibit G attached hereto and hereby made a part hereof
(collectively, the "Safety Improvements"). The Safety Improvements under subsection (i) above and the I Street Crossing closure shall be completed prior to the Pedestrian Improvements being opened to the public according to the plans and specifications attached hereto as Exhibit F-1 and hereby made a part of this Agreement (the "Project Plan"). All work related to the Safety Improvements shall be performed and completed in a manner satisfactory to the Railroad and in compliance with the Project Plans and the Railroad Standards and in accordance with the requirements of California Public Utilities Commission's ("CPUC") General Order (GO) 88-B, as applicable. No changes to the Project Plans may be made unless the Railroad has consented to such changes in writing and approval from CPUC is obtained. Any work to be performed by the Railroad in connection with the Safety Improvements will be included in a material and force account estimate to be provided to the Political Body separate from this Agreement. The Political Body agrees that the reimbursement provisions included in this Agreement shall apply to any work to be reimbursed to the Railroad for any work performed by the Railroad in connection with the Safety Improvements, including without limitation reimbursement for any railroad flagging or protection required in connection therewith.
The Political Body acknowledges and agrees that the Political Body's obligations to install the Safety Improvements is a material element of the Railroad's willingness to grant the rights described herein, and the failure of the Political Body to timely comply with the terms and conditions of this Section shall constitute a default under this Agreement.
The Original Agreement Exhibit D is hereby amended and replaced with the attached Exhibit D.
The Original Agreement Exhibit F is hereby amended and replaced with the attached Exhibit F.
The Original Agreement is hereby amended to add a new Exhibit F-1, attached hereto.
SECTION 2 - AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Original Agreement dated August 1, 2019, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided.
City Council/RSA Agenda 194 Tuesday, September 10, 2024
IN WITNESS WHEREOF, the parties hereto have caused this Supplement to be executed in duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID No. 94-6001323)
By_______________________________________
Printed Name:____________________________________
Title:____________________________________________
CITY OF UNION CITY
By_______________________________________
Printed Name:____________________________________
Title:____________________________________________
City Council/RSA Agenda 195 Tuesday, September 10, 2024
EXHIBIT D
TO
PUBLIC AT-GRADE PEDESTRIAN CROSSING AGREEMENT
Exhibit D will be the Railroad's current form of Contractor's Right of Entry City Council/RSA Agenda 196 Tuesday, September 10, 2024 1 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a
("Contractor").
RECITALS:
corporation
Contractor has been hired by to
perform work relating to (the “Work”)
with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of ,
as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and .
Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:
ARTICLE 1 - DEFINITION OF CONTRACTOR.
For purposes of this agreement, all references in this agreement to Contractor shall includeContractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.
ARTICLE 2 - RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representatives named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.
The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.
City Council/RSA Agenda 197 Tuesday, September 10, 2024 2 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVES.
A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.
B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"):
MTM:______________________
___________________________
___________________________
___________________________
PM:________________________
___________________________
___________________________
___________________________
C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.
ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.
The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property.
ARTICLE 6 - TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until _______________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property.
B. This agreement may be terminated by either party on ten (10) days written notice to the other party.
ARTICLE 7 - CERTIFICATE OF INSURANCE.
A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement.
B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.
C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B.
D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.
City Council/RSA Agenda 198 Tuesday, September 10, 2024 3 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:
Union Pacific Railroad Company
[Insert mailing address]
Attn:
Project No. 0754260
ARTICLE 8 - PRECONSTRUCTION MEETING.
If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific’s Third Party Flagging Policy at the link provided here: www.up.com/flagging ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad'sproperty.
ARTICLE 10. ADMINISTRATIVE FEE.
Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.
ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.
A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.
B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.
ARTICLE 12.- EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.
City Council/RSA Agenda 199 Tuesday, September 10, 2024 4 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Title:
(Name of Contractor)
By:
Name:
Title:
Phone:
E-Mail:
City Council/RSA Agenda 200 Tuesday, September 10, 2024
EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site.
City Council/RSA Agenda 201 Tuesday, September 10, 2024 1 EXHIBIT B
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.
B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.
C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.
D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.
E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.
F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is City Council/RSA Agenda 202 Tuesday, September 10, 2024 2 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period.
An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.
Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twentyfive (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.
City Council/RSA Agenda 203 Tuesday, September 10, 2024 3 Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished.
B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR
SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS,
LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,
COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY
INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY
TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD
FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF
SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING
RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY.
Section 6. PERMITS - COMPLIANCE WITH LAWS.
In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces.
As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor City Council/RSA Agenda 204 Tuesday, September 10, 2024 4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf
B. All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “Property Access Training” and be registered prior to working on Railroad property. This training is available at www.up.com/up-pat. This training is required to be completed annually.
C. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work.
E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan.
Section 8. INDEMNITY.
A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL
INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY,
CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,
CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,
CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT
OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY
ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.
B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON
OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY
NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS
CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.
C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES.
CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.
City Council/RSA Agenda 205 Tuesday, September 10, 2024 5 CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.
D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY
WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY
TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.
E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. INNO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO
LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.
Section 11. MODIFICATION - ENTIRE AGREEMENT.
No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor.
Section 12. ASSIGNMENT - SUBCONTRACTING.
Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.
City Council/RSA Agenda 206 Tuesday, September 10, 2024 1 EXHIBIT C
TO
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement
During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence City Council/RSA Agenda 207 Tuesday, September 10, 2024 2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s)and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED
TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in separate policy form or by endorsement to Contractors CGLor RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.
If the scope of Work as defined in this agreement includes the disposal of any hazardous or nonhazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.
Other Requirements
G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD
COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.
J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.
City Council/RSA Agenda 208 Tuesday, September 10, 2024 3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.
City Council/RSA Agenda 209 Tuesday, September 10, 2024
EXHIBIT F
TO
PUBLIC AT-GRADE PEDESTRIAN CROSSING AGREEMENT
Exhibit F will be the I Street Crossing Closure Plan
City Council/RSA Agenda 210 Tuesday, September 10, 2024 20 0 20 40 SCALE IN FEET REMOVE W10-1 SIGN & POST REMOVE RR GRADE XING PAVEMENT MARKINGS REMOVE "DO NOT STOP ON TRACKS" SIGN WARNING DEVICE TO BE REMOVED BY UPRR REMOVE RAILROAD PAVEMENT STRIPES (BOTH SIDES OF TRACK) SIGNAL HOUSE TO BE REMOVED BY UPRR INSTALL "END" SIGN W31(CA) MOUNTED ON FENCE CROSSING PANELS TO BE REMOVED BY UPRRWARNING DEVICE TO BE REMOVED BY UPRR OVERLAP CL-6 FENCE 30' PAST EXIST BLOCK WALL REMOVE W10-1 SIGN & POST REMOVE RR GRADE XING PAVEMENT MARKINGS INSTALL "DEAD END" SIGN W14-1& POST REMOVE "4 HR PARKING" SIGN & POST REMOVE "DO NOT STOP ON TRACKS" SIGN & POST CONSTRUCT GUARDRAIL (SEE SHEET R-41) REMOVE EXISTING SIDEWALK FROM NEW FENCE TO BACK OF NEW CURB REMOVE EXISTING SIDEWALK FROM NEW FENCE TO E. EDGE OF DRIVEWAY CONSTRUCT STRIPING PER CALTRANS STD PLAN A20A, DETAIL 22 - R = 15' INSTALL W1-1L SIGN & POST INSTALL W1-1R SIGN INSTALL 2-EA 10' CL-6 SWING GATES UPRR TO SUPPLY PADLOCK INSTALL 3 W1-8 SIGNS & POST I ST 12TH ST
INSTALL R26(CA) & POST 100' 100' INSTALL R26(CA) MOUNTED ON FENCE (E) DWY
(E) DWY
(E) DWY
(E) DWY
(E) DWY
INSTALL R26(CA) & POST
REMOVE (E) CROSSWALK PAVEMENT MARKINGS OVERLAP CL-6 FENCE 5' PAST EXIST WOOD FENCE INSTALL R1-1 "STOP" SIGN CONSTRUCT STRIPING 12" WHITE STOP BAR CONSTRUCT STRIPING "STOP" PER CALTRANS STD PLAN A24D 15' MIN EXISTING PATH CONSTRUCT FENCE, SEE NOTE 2 END CURB, MATCH EXIST BEGIN CL-6 FENCE, SEE NOTE 2 REMOVE EXISTING AC PAVING FROM NEW FENCE TO 6" FROM BACK OF NEW TOP SET CURB BEGIN CURB, MATCH EXIST8" TOP SET CURB R=20' INSTALL R26(CA) MOUNTED ON FENCE CONSTRUCT STRIPING PER CALTRANS DETAIL 27B, WITH TYPE RY RETROREFLECTIVE MARKERS AT 5' SPACING ALONG CURVE CONSTRUCT FENCE, SEE NOTE 3 INSTALL UPRR "NO TRESPASSING" SIGN MOUNTED ON GATE INSTALL UPRR "NO TRESPASSING" SIGN MOUNTED ON FENCE DRAWN BY: LOCATION: DWG TITLE:
Union City, California Union Pacific Railroad Oakland Subdivision MP 26.5 - 27.1 9/18/19 MRS BPK CHECKED BY: DATE: SHEET NUMBER
CITY OF UNION CITY R-40 I STREET INTERSECTION PLAN 100% SUBMITTAL I STREET CROSSING DOT NO. 834187C CPUC NO. 004-26.70 City Council/RSA Agenda 211 Tuesday, September 10, 2024 EXHIBIT F-1
TO
PUBLIC AT-GRADE PEDESTRIAN CROSSING AGREEMENT
Exhibit F-1 will be the Pedestrian Improvements Project Plan City Council/RSA Agenda 212 Tuesday, September 10, 2024 City Council/RSA Agenda 213 Tuesday, September 10, 2024 Authorize The City Manager to Execute A
Supplemental Agreement with Union Pacific
Railroad Company for Public Pedestrian AtGrade Crossing Agreement (Oakland Sub) for At-Grade Pedestrian Crossing at BART
City Project No. 14-14
City Council Presentation - September 10, 2024
Farooq Azim, P.E. - City Engineer
Item 7b.
City Council/RSA Agenda 214 Tuesday, September 10, 2024
UNION PACIFIC RAILROAD PERMIT REQUIREMENTS & CONDIT
2 IONS
NEW AT-GRADE
PEDESTRIAN
CROSSING AT BART
DECOTO ROAD
PEDESTRIAN CROSSING
IMPROVEMENTS
“I” ST. AT-GRADE
CROSSING
(CLOSURE)
At-Grade Pedestrian Crossing Project at BART
City Council/RSA Agenda 215 Tuesday, September 10, 2024 3 INTERMODAL STATION, BART PHASE 2ACOMPLETED IN 2022
City Council/RSA Agenda 216 Tuesday, September 10, 2024 At-Grade Pedestrian Crossing Project at BART
4 NEW AT-GRADE
PEDESTRIAN
CROSSING AT BART
DECOTO ROAD
PEDESTRIAN CROSSING
IMPROVEMENTS
City Council/RSA Agenda 217 Tuesday, September 10, 2024 5 Decoto Road/Oakland Sub R/R XING - Proposed Improvements (Incl. Panel Replacement) Kennedy Park
UP track
City Council/RSA Agenda 218 Tuesday, September 10, 2024 At-Grade Pedestrian Crossing Project at BART
6 City Council/RSA Agenda 219 Tuesday, September 10, 2024 At-Grade Pedestrian Crossing Project at BART
7 City Council/RSA Agenda 220 Tuesday, September 10, 2024 8 At-Grade Pedestrian Crossing Project at BART
Project Includes: Phase I
City’s contractor to build the At-Grade Pedestrian Crossing on east side of BART Station to connect to East Plaza (UPRR will install railroad flashing signals/ safety gates) – (Goes to bid first)Phase IIReplace Railroad Concrete Panels on Decoto Road will require “Complete Street Closure” and traffic detour for 1-2 weeks All work done by UPRR under separate contract with City City Council/RSA Agenda 221 Tuesday, September 10, 2024 9 At-Grade Pedestrian Crossing Project at BART
Project Includes (Continued): Phase III
Improve existing Decoto Road At-Grade Crossing with modified sidewalk and new railroad flashing signals/safety gates forpedestrians – Phase III (A) Permanently close ex. “I” Street At-Grade Crossing and reroute pedestrians, bikes & vehicles – Phase III (B)
(Both Phase III components will bid together as a single project) City Council/RSA Agenda 222 Tuesday, September 10, 2024 10 At-Grade Pedestrian Crossing Project at BART
Project Notification and Public Hearing for I St. Closure Updated DRC (Oct. 2023) - (Planning, Fire, PD) – I St.
Closure & Detour Options
Updated BPAC (Nov. 2023) – Project context and Bicycle and Pedestrian Improvements
Updated City Council (Nov. 2023) – Project Status Update City Council/RSA Agenda 223 Tuesday, September 10, 2024 11 At-Grade Pedestrian Crossing Project at BART
Next Steps
Community Meeting at Kennedy Center:
Saturday, September 14, 2024 – 10am-12pm
Public Notification to residents via direct mail, City website - sent for the Community Meeting
Public Hearing by City Council on October 9, 2024,
Meeting to authorize closure of I St. prior to going to bid City Council/RSA Agenda 224 Tuesday, September 10, 2024 12 At-Grade Pedestrian Crossing Project at BART
Tentative Project Schedule
Milestone Tentative Date
Public Hearing to authorize closure of “I” Street October 2024 Award construction contract for At-Grade Crossing December 2024Construction of At-Grade Pedestrian Project begins January 2025Decoto Road – Approx. 1-2 weeks “Complete Street Closure” to replace railroad concrete panels
April 2025
“I” Street Closure is completed November 2025City completes At-Grade Pedestrian Crossing Project December 2025UP completes testing of railroad safety gates February 2026East entrance to BART opens to the Public March 2026 City Council/RSA Agenda 225 Tuesday, September 10, 2024 13 At-Grade Pedestrian Crossing Project at BART
Project Estimate and Funding Summary Project Costs Estimated at $7.2 Million (Oakland Sub)Local Funds (MBB & RDA Bonds) $ 1,170,000 Safe Route to BART (SRTB) Grant $ 3,000,000 RM3-Dumbarton Corridor Grant $ 3,000,000 $ 7,170,000
Other Funds
Local Funds (MBB and RDA Bond) $ 2,000,000(For Other At-Grade Crossing Improvements Per UP Agreement) Federal CPF Grant – Smith St. Ped Xing Safety $1,000,000Improvements City Council/RSA Agenda 226 Tuesday, September 10, 2024 14 BACKGROUND FOR THE SUPPLEMENTAL AGREEMENT TO THE PUBLIC ATGRADE PEDESTRIAN CROSSING AGREEMENT
UC-UPRR CROSSING AGREEMENT (ORIGINAL AGREEMENT)
2011
- Application to UPRR and CPUC to construct the At-Grade crossing.
2017 - City Council authorized the City Manager to negotiate with UPRR.
2017 - CPUC ‘Decision Authorizing At-Grade Pedestrian Rail Crossing’ -
required closing an existing at-grade railroad crossing. 2019 - City Council authorized execution of UPRR Original Agreement.
City Council/RSA Agenda 227 Tuesday, September 10, 2024 15 BACKGROUND FOR THE SUPPLEMENTAL AGREEMENT TO THE PUBLIC AT- GRADE PEDESTRIAN CROSSING AGREEMENT Per the Original Agreement, City paid UPRR to design and construct railroad warning gates, safety equipment and communications facilities. City responsible for the non-rail elements: walkway, ramps, stairs, drainage, architectural elements and lights.
Improve the pedestrian facilities at Oakland Subdivision railroad tracks on Decoto Road, including new railroad signals, walkways and concrete panels. Close I Street railroad crossing to mitigate opening the new Pedestrian crossing.
Undertake railroad safety projects at Smith Steet and Whipple Road City Council/RSA Agenda 228 Tuesday, September 10, 2024 16 BACKGROUND FOR THE SUPPLEMENTAL AGREEMENT TO THE PUBLIC AT-GRADE PEDESTRIAN CROSSING AGREEMENT
SUPPLEMENTAL AGREEMENT REQUIREMENTS
Additional Safety Improvements at Decoto Road, including ‘queuecutter signals’ to address pre-emption requirements associated with railroad signals.
City responsible for “Closure Plan” necessary to permanently close and vacate the I Street railroad crossing.
Furnish and install signage, curbs and gutters, remove roadway pavement adjacent to the tracks and make other necessary safety improvements. All components must be completed prior to opening the new AtGrade Pedestrian Crossing at BART to the public.
City Council/RSA Agenda 229 Tuesday, September 10, 2024 17 At-Grade Pedestrian Crossing Project at BART
Recommendation:
Adopt a Resolution Authorizing the City Manager to
Execute the Supplemental Agreement to the Public
At-Grade Pedestrian Crossing Agreement, BART
Pedestrian Crossing, DOT 859611R, Mile Post 27.08– Oakland Subdivision, for the At-Grade PedestrianCrossing at BART, City Project No. 14-14, in a form approved by the City Attorney.
City Council/RSA Agenda 230 Tuesday, September 10, 2024 18 Execute Supplemental Agreement forAt-Grade Pedestrian Crossing at BART QUESTIONS?
City Council/RSA Agenda 231 Tuesday, September 10, 2024 Agenda Item
DATE: 9/10/2024
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: WAIVE FULL READINGAND INTRODUCE BYTITLE ONLYAN ORDINANCE OF THE CITYCOUNCIL OF THE CIT OF UNION CITYAMENDING SECTION 2.04.400 “MAYORALAND COUNCILMEMBER SALARIES” OF THE UNION CITY
MUNICIPAL CODE TO INCREASE THE COMPENSATION OF THE MAYOR AND
COUNCILMEMBERS
EXECUTIVE SUMMARY
Article XI (“Mayoral and Councilmember Compensation”) Section 2.04.400 (“Mayoral and Councilmember salaries”) of the Union City Municipal Code provides for the payment of salaries to City Councilmembers and the Mayor. City Councilmembers and the Mayor have not received an increase in salary since December 1, 2008.
On July 29, 2024, the Legislation and Policy Committee (the “Committee”) reviewed Mayoral and Councilmember salaries relative to comparable agencies and recommended that staff prepare an ordinance for consideration and discussion that would reflect a monthly salary increase for the Mayor and Councilmembers.
Staff recommends that the City Council consider waiving full reading and introducing an ordinance amending Section 2.04.400 of the Union City Municipal Code ("Mayoral and Councilmember Salaries") to increase the salaries of City Councilmembers and Mayor by $300 per month or provide further direction.
STRATEGIC PLAN ALIGNMENT
This item is not directly related to the Strategic Plan.
BACKGROUND
As required by Government Code Sections 36516 and 36516.1, the monthly salary for the Mayor and City Council are established by City ordinance and codified in Union City Municipal Code (“UCMC”) Section
2.04.400. The Mayoral salary is currently set at $2,437 per month and Councilmember salaries are set at $1,625 per month. These salaries were last increased in December 2008, just under 16 years ago.
On July 29, 2024, City staff provided a presentation to the Committee regarding the Mayoral and City Councilmember salary and benefits. Based upon a review and comparison of the salary and benefits for elected officials withinAlameda County cities, the Committee recommended that staff prepare an ordinance with a proposed salary increase of $300 per month for Councilmembers and Mayor. This would result in a monthly salary of $2,737 for the Mayor and $1,925 for Councilmembers.
DISCUSSION
City Council/RSA Agenda 232 Tuesday, September 10, 2024 The Committee reviewed the salaries for mayors and councilmembers in other Alameda County cities (which have been updated since the July 29 Committee meeting) as provided below:
City Mayor Councilmembers
Union City $2,437.00 $1,625.00
Alameda: $2,359.25 $1,582.16
Emeryville: $1,446.74 (Rotational) $1,446.74
Fremont: $4,313.28 $2,427.76
Hayward: $5,774.00 $3,608.75
Livermore: $1,490.00 $1,070.00
San Leandro: $2,646.00 $1,323.00
Albany: $950.00 (Rotational) $950.00
Newark: $2,999.00 $1,371.00
Piedmont: $0 $0
Pleasanton: $1,421.92 $1,321.92
Dublin: $2,400.00 $1,600.00
The mean monthly salary for mayors is $2,353.09 and the median monthly salary is $2,379.50. The mean monthly salary for councilmembers is $1,527.19 and the median monthly salary is $1,408.87.
The Committee considered where the Mayoral and Councilmember salaries stood relative to the above Alameda County cities prior to directing staff to prepare an ordinance for a $300 monthly increase in salary for Council discussion and consideration.
Under state law, the City Council can increase its salaries by 5% per calendar year since the last increase. In this instance, the last increase occurred in December 2008. Thus, the City Council could increase its salary by up to 80% pursuant to Government Code Section 36516.
The CityAttorney has prepared a draft ordinance that would, starting January 1, 2025, increase the salary of Councilmembers from $1,625 per month to $1,925 per month and increase the salary of the Mayor from $2,437 per month to $2,737 per month.
FISCAL IMPACT
The proposed increase in salaries will result in a fiscal impact of $18,000 annually.
RECOMMENDATION
Staff recommends that the City Council consider waiving full reading and, by title only, introducing an ordinance amending Section 2.04.400 of the Union City Municipal Code ("Mayoral and Councilmember Salaries") to increase the salaries of City Councilmembers and Mayor by $300 per month or provide further direction.
Prepared by:
Erica Gonzalez, Senior Associate Attorney
Submitted by:
City Council/RSA Agenda 233 Tuesday, September 10, 2024 Kristopher J. Kokotaylo, CityAttorney
ATTACHMENTS:
Description Type
ProposedOrdinance Ordinance
Desk Item- CPIInflation Calculator December 2008 to July 2024 Attachment
7.c. Powerpoint Attachment
City Council/RSA Agenda 234 Tuesday, September 10, 2024
ORDINANCE NO. XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF UNION CITY AMENDING SECTION 2.04.400
“MAYORAL AND COUNCILMEMBER SALARIES” OF
THE UNION CITY MUNICIPAL CODE TO INCREASE THE
COMPENSATION OF THE MAYOR AND
COUNCILMEMBERS
WHEREAS, Article XI (“Mayoral and Councilmember Compensation”) Section 2.04.400 (“Mayoral and Councilmember salaries”) of the Union City Municipal Code provides for the payment of salaries to City Councilmembers and the Mayor; and WHEREAS, Section 2.04.400 currently authorizes the City to pay Councilmembers a salary of one thousand six hundred and twenty-five dollars ($1,625) per month; and WHEREAS, Section 2.04.400 currently authorizes the City to pay the Mayor a salary of two thousand four hundred and thirty-seven dollars ($2,437) per month; and WHEREAS, said salaries took effect December 1, 2008; and WHEREAS, City Councilmembers and Mayor have not received an increase in salary since December 1, 2008; and
WHEREAS, the City Council is authorized by Government Code Section 36516 to increase the salary of Councilmembers and the Mayor in an amount not to exceed five percent (5%) per calendar year from the operative date of the last adjustment of salary; and WHEREAS, the City Council is authorized by Government Code Section 36516.1 to pay an elected Mayor salary in excess to that which they receive as a Councilmember; and WHEREAS, on July 29, 2024, City staff presented to the Legislation and Policy Committee (the “Committee”) regarding the Mayoral and City Councilmember salary and benefits. The Committee elected to propose for Council consideration a $300 monthly salary increase for the Mayor and Councilmembers; and
WHEREAS, the City Council desires to increase the salary of the Councilmembers and Mayor starting January 1, 2025, which is permitted by Government Code Sections 36516 and 36516.1.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals (“Recitals”) are true and correct and incorporated herein by reference.
SECTION 2. CEQA. Approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
City Council/RSA Agenda 235 Tuesday, September 10, 2024 Ordinance No. XXX-24
Amending Mayoral and Councilmember Salaries
SECTION 3. Municipal Code Amendments. Section 2.04.400 (“Mayoral and Councilmember salaries”) of the Union City Municipal Code is hereby amended as follows (replacements in double underline; deletions in strikethrough):
§ 2.04.400. Mayoral and Councilmember salaries.
Effective December 1, 2008, January 1, 2025, each member of the City Council of the City of Union City shall receive as salary, the sum of one thousand six nine hundred and twenty-five dollars per month pursuant to the provisions of Government Code Section 36516.5. Effective December 1, 2008, January 1, 2025, the Mayor shall receive a salary in the amount of two thousand four seven hundred and thirty-seven dollars per month pursuant to Section 36516.5. Until December 1, 2008, January 1, 2025, the Mayoral and Councilmember salaries that became effective December 1, 2006 2008 shall remain in effect.
SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 5. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.
City Council/RSA Agenda 236 Tuesday, September 10, 2024 Ordinance No. XXX-24
Amending Mayoral and Councilmember Salaries
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 24
th day of September 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 237 Tuesday, September 10, 2024 CPI Inflation Calculator
$ 1,625.00
in year1 month December year1 year 2008
has the same buying power as
$2,431.30
in year2 month July year2 year 2024
Calculate
9/6/24, 1:29 PM CPI Inflation Calculator
https://data.bls.gov/cgi-bin/cpicalc.pl?cost1=1625&year1=200812&year2=202407 1/1 City Council/RSA Agenda 238 Tuesday, September 10, 2024 ITEM 7.C
ORDINANCE AMENDING SECTION 2.04.400
“MAYORAL AND COUNCILMEMBER SALARIES”
OF THE UNION CITY MUNICIPAL CODE
City Council/RSA Agenda 239 Tuesday, September 10, 2024 2 Background
• As required by Government Code Sections 36516 and 36516.1, the current monthly salary for the Mayor and City Council are established by City ordinance and codified in Union City Municipal Code § 2.04.400. • Under state law, the City Council can increase its salaries by 5% per calendar year.
City Council/RSA Agenda 240 Tuesday, September 10, 2024 3 Background
• Mayoral salary: $2,437 per month.• Council Member salaries: $1,625 per month. • Salaries have not been increased since December 2008.• July 29, 2024: Legislation and Policy Committee received a staff presentation regarding Mayoral and Council Member salary and benefits.
City Council/RSA Agenda 241 Tuesday, September 10, 2024 4 Alameda County Salaries
City Council/RSA Agenda 242 Tuesday, September 10, 2024 5 Salary Comparison
Mayoral SalariesMean monthly salary = $2,449.30Median monthly salary = $2,379.50Current Union City Mayor monthly salary = $2,437 Councilmember SalariesMean monthly salary = $1,575.28Median monthly salary = $1,514.45Current Union City Councilmember monthly salary =$1,625 City Council/RSA Agenda 243 Tuesday, September 10, 2024 6 Committee Proposal for Consideration
• Under state law, the City Council can increase its salaries by 5% per calendar year since the last increase of 2008 (80%).
• Legislation and Policy Committee proposed for consideration salary increase of $300 per month for Council Members and Mayor (effective January 1, 2025). • Mayor Compensation: $2,737 per month
• Council Member Compensation: $1,925 per month.
City Council/RSA Agenda 244 Tuesday, September 10, 2024 7 Recommendation
Staff and the City Attorney’s Office recommends that the City Council consider waiving full reading and, by title only, introducing an ordinance amending Section 2.04.400 of the Union City Municipal Code ("Mayoral and Councilmember Salaries") to increase the salaries of City Councilmembers and Mayor by $300 per month or provide further direction.
City Council/RSA Agenda 245 Tuesday, September 10, 2024 Agenda Item
DATE: 9/10/2024
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: LEAGUE OF CALIFORNIACITIES ANNUAL CONFERENCE RESOLUTIONS PACKET
EXECUTIVE SUMMARY
The League of California Cities (Cal Cities) Annual Conference is an important forum for city officials to consider and vote on policy resolutions that affect all cities in the state. This year, Cal Cities has received one resolution for consideration. It is essential for the Union City Council to establish a position on this resolution so that the City’s voting delegate can represent Union City’s interests at the conference.
STRATEGIC PLAN ALIGNMENT
The League of California Cities Annual Conference Resolutions Packet aligns with the City Council's Strategic Plan, particularly with the following goals:
Goal B: Governance and Organization Effectiveness – Participating in the League of California Cities Annual Conference and voting on policy resolutions supports Union City's commitment to best practices in local governance. By determining a position on the proposed resolution, the City Council reinforces its role in fostering effective governance and ensuring that policies reflect the community’s needs.
Goal E: Communication and Outreach – The process of reviewing and voting on resolutions at the League of California Cities Annual Conference provides an opportunity for Union City to engage with other municipalities, share best practices, and advocate for policies that benefit the community. This aligns with the goal of building strong connections with community partners and enhancing communication efforts.
BACKGROUND
Each year, the League of California Cities holds an Annual Conference where city officials from across the state gather to discuss and vote on policy resolutions. These resolutions, if approved by the General Assembly, become part of Cal Cities’ official policy and guide its advocacy efforts on behalf of California cities. The attached 2024 Resolutions Packet contains the full text of the proposed resolution, supporting letters from city officials, and an analysis by Cal Cities staff.
Per the Cal Cities bylaws, resolutions must receive the concurrence of at least five additional member cities or individual members to be considered. The proposed resolution has met this requirement and will be presented to the General Assembly for a vote.
City Council/RSA Agenda 246 Tuesday, September 10, 2024
DISCUSSION
The resolution submitted for consideration calls for the California Legislature to ensure equal application of laws and regulations to all government officials at all levels, including state and local elected officials. The intent is to prevent the creation of laws that apply exclusively to local officials without also applying to state legislators.
This resolution aligns with the principles of fairness and consistency in governance and seeks to address disparities in how state laws impact different levels of government.
Union City’s voting delegate Vice Mayor Wang or voting delegate alternate Councilmember Sakakihara will have the opportunity to vote on this resolution during the General Assembly at the Annual Conference. The Council is requested to review the attached resolution, discuss its implications, and provide guidance to the voting delegate on the preferred voting position.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of a position on the League of California Cities 2024 Resolutions Packet.
RECOMMENDATION
Staff recommends that the City Council review the League of California Cities 2024 Resolutions Packet and determine a position on the resolution to be voted on by the designated voting delegate at the Annual League Conference to be held in Long Beach, California, from October 16 through 18, 2024.
Prepared by:
Thai Nam Pham, City Clerk
Submitted by:
Thai Nam Pham, City Clerk
ATTACHMENTS:
Description Type
League of California Cities 2024 Resolutions Packet Attachment City Council/RSA Agenda 247 Tuesday, September 10, 2024 2023-2024
CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024
TO: Mayors, Council Members, City Managers, and City Clerks RE: Cal Cities 2024 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline.
The attached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process.
We encourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution.
Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information.
The Cal Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo.
For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
City Council/RSA Agenda 248 Tuesday, September 10, 2024 2024
Resolutions
Packet
City Council/RSA Agenda 249 Tuesday, September 10, 2024 2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.
A list of recommendations the policy committee may make during its meeting are on page three of this packet.
Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.
The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.
A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.
Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 City Council/RSA Agenda 250 Tuesday, September 10, 2024 Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2 City Council/RSA Agenda 251 Tuesday, September 10, 2024 2024 Resolutions Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.
Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 3 City Council/RSA Agenda 252 Tuesday, September 10, 2024 2024 Resolutions Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:
Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.
For General Resolutions:
Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:
Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.
Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.
Voting Procedures:
Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
4 City Council/RSA Agenda 253 Tuesday, September 10, 2024 2024 Resolutions Packet
2024 Resolution
1. Resolution on Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
5 City Council/RSA Agenda 254 Tuesday, September 10, 2024 2024 Resolutions Packet
Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
6 City Council/RSA Agenda 255 Tuesday, September 10, 2024 2024 Resolutions Packet
1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF
CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE
FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL
LEVELS IN THE STATE OF CALIFORNIA
Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Governance, Transparency and Labor Relations Policy Committee
WHEREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:
California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California; Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials; 7 City Council/RSA Agenda 256 Tuesday, September 10, 2024 2024 Resolutions Packet
Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;
Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.
WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” 8 City Council/RSA Agenda 257 Tuesday, September 10, 2024 2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
9 City Council/RSA Agenda 258 Tuesday, September 10, 2024 July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.
Sincerely,
Michael Allawos
Council Member
City of Glendora
10 City Council/RSA Agenda 259 Tuesday, September 10, 2024 11 City Council/RSA Agenda 260 Tuesday, September 10, 2024 12 City Council/RSA Agenda 261 Tuesday, September 10, 2024 13 City Council/RSA Agenda 262 Tuesday, September 10, 2024 14 City Council/RSA Agenda 263 Tuesday, September 10, 2024 15 City Council/RSA Agenda 264 Tuesday, September 10, 2024 2024 Resolutions Packet
Resolution No. 1: Staff Analysis
16 City Council/RSA Agenda 265 Tuesday, September 10, 2024 League of California Cities Staff Analysis on Resolution No. 1 Staff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:
This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:
This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.
Ralph M. Brown Act
The California Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.
The Ralph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 City Council/RSA Agenda 266 Tuesday, September 10, 2024 9027 governs the state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).
Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.
Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.
California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.
SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.
Over the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.
The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 City Council/RSA Agenda 267 Tuesday, September 10, 2024 proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.
The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.
The Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.
Fiscal Impact:
Unknown.
Existing Cal Cities Policy:
Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
19 City Council/RSA Agenda 268 Tuesday, September 10, 2024 • Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.
Comments:
Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced, which requires local governments to present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.
Additionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.
AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.
Applying to elected officials or to the legislative body? Legislature or the State? The resolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”
This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.
Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 City Council/RSA Agenda 269 Tuesday, September 10, 2024 of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.
Support:
The following letters of concurrence were received:
April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes
21 City Council/RSA Agenda 270 Tuesday, September 10, 2024