RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AUTHORIZING THE CITY MANAGER TO
SEND A LETTER TO UNION PACIFIC RAILROAD
COMPANY REQUESTING SUPPORT FOR THE CITY’S
POTENTIAL FUTURE EFFORTS TO OBTAIN GRANT
FUNDING TO STUDY AND BUILD A PEDESTRIAN
OVERPASS AT THE I STREET OAKLAND SUBDIVISION
TRACKS, AS NECESSITATED BY THE AT-GRADE
PEDESTRIAN CROSSING AT BART PROJECT, CITY
PROJECT NO. 14-14
WHEREAS, the City of Union City intends to construct a new at-grade crossing on the Oakland Subdivision tracks to facilitate pedestrian and bicycle access between the BART Station, the City’s Intermodal Station District, and the neighborhoods east of the Oakland Subdivision (the “At-Grade Pedestrian Crossing Project”); and WHEREAS, in order to move forward with the At-Grade Pedestrian Crossing Project, the City is being required by the California Public Utility Commission (“CPUC”) to make various railroad improvements throughout the City, including permanently closing the I Street at-grade railroad crossing between 11th and 12th Streets on the Oakland Subdivision tracks; 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, (Public At-Grade Crossing Permit), UP Real Estate Folder No: 3055-45” (“Original Agreement”); and WHEREAS, on September 10, 2024, the City Council adopted Resolution No. 6361-24, authorizing the City Manager to enter into a Supplemental Agreement that updated the City’s Original Agreement with Union Pacific Railroad (“UPRR”); and WHEREAS, on October 8, 2024, the City Council held a Public Hearing and adopted Resolution No. 6370-24 approving the closure and vacation of the I Street railroad crossing as part of the At-Grade Pedestrian Crossing at BART Project, City Project No. 14-14; and
WHEREAS, at the time of approving the closure, the Council also directed staff to prepare a letter to seek UPRR’s support and cooperation for any City-sponsored grant applications to study and construct a grade-separated pedestrian overpass at the I Street Oakland Subdivision tracks; and
WHEREAS, staff has prepared a letter requesting support from UPRR (Exhibit A), to be signed by the City Manager and to be sent to UPRR; and WHEREAS, there is no fiscal impact for the City Manager to send the letter to UPRR.
City Council/RSA Agenda 323 Tuesday, November 26, 2024
Resolution No. XXXX-24
Authorize Letter to UP
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to send a letter to UPRR requesting support for City’s potential future efforts to seek grant funds to study and build a pedestrian overpass to help compensate for the closure of the I Street railroad crossing that was required by California Public Utilities Commission (CPUC) and UPRR in order to allow opening the new At-Grade Pedestrian Crossing at BART, City Project No. 14-14.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 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
Attachment:
1. Exhibit A – Letter to Union Pacific Railroad
City Council/RSA Agenda 324 Tuesday, November 26, 2024
November 26, 2024
Peggy Ygbuhay
Senior Director – Public Affairs
Union Pacific Railroad
915 L Street, Suite 1180
Sacramento, CA 95814
Dear Ms. Ygbuhay,
As you are aware, the City of Union City executed the Union Pacific Railroad Company (“UPRR”) “Public At-Grade Pedestrian Crossing Agreement, BART Pedestrian Crossing, DOT 859611R, Mile Post 27.08 – Oakland Subdivision, City of Union City, Alameda County California” (the “Agreement”), attached hereto as Exhibit A. The Agreement, among other provisions, provides a variety of terms and provisions for the design and construction of the at-grade pedestrian crossing at the east entrance to the Union City BART Station (the “BART at-grade pedestrian crossing”).
As a condition of the construction of the BART at-grade pedestrian crossing, the Agreement, and the California Public Utilities Commission, require permanent closure of the I Street railroad crossing between 11th and 12th Streets in Union City. On October 8, 2024, the City Council adopted Resolution No. 6370-24 approving the closure and vacation of the I Street railroad crossing as part of the at-grade pedestrian crossing at BART.
The City may explore a pedestrian overpass at I Street and may seek grant funding in the future. The City is requesting UPRR support for the City’s potential efforts to obtain such grant funding to study and build a pedestrian overpass at the I Street.
Please consider this letter a formal request for future UPRR support for grant funding as articulated above.
Sincerely,
Joan Malloy
City Manager
Cc:
Amber Stoeffels, Manager Industry & Public Projects, UPRR Marilou Ayupan, Public Works Director, City of Union City Exhibit A: 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 Council/RSA Agenda 325 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH KITTELSON & ASSOCIATES, INC., IN THE AMOUNT OF $275,611, FOR PRELIMINARY ENGINEERING AND FINAL DESIGN FOR THE ALVARADONILES ROAD PART-TIME TRANSIT LANE PILOT PROJECT, CITY PROJECT NO. 24-21
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Kittelson & Associates, Inc., (“Kittelson & Associates”) in the amount of $275,611, for preliminary engineering and final design for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 1: Environmental Sustainability and Infrastructure - Continue the build-out of the City’s Bicycle and Pedestrian network, with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
I n late 2023, Metropolitan Transportation Commission (MTC) conducted a solicitation for projects and developed an inventory of projects to be considered for Bus Accelerated Infrastructure Delivery (BusAID) funding, an initiative of the MTC Commission’s Transit Transformation Action Plan (TAP) which was adopted in September 2021.
Union City Transit and Public Works submitted a BusAID Program Grant application on February 23, 2024, for the City Council/RSA Agenda 326 Tuesday, November 26, 2024
Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, with the assistance of Kittelson & Associates, Inc.
The Pilot Project will entail repurposing the existing parking lane and bike lane into an 11-foot part-time, bus-only lane during peak congestion periods for both morning and afternoon commute hours along Alvarado-Niles Road between Almaden Boulevard and Decoto Road to improve operations and travel times for Union City Transit (Routes 1,3 and 5) and AC Transit (Route 97), Mondays to Fridays.
As part of the transit lane improvements, the existing Class II bike lanes will be upgraded to the buffered Class II bike lane and will be available to bicyclists during non-peak periods, Monday to Friday, and during the weekend. Bicyclists may use the part-time transit lane during peak periods but will be encouraged to use the parallel bike route along Arizona Street.
On March 26, 2024, Union City was informed by MTC of the recommendation of funding the Alvarado-Niles Road PartTime Transit Lane Pilot Project to the Regional Network Management committee for their approval and then recommending approval to the MTC.
On May 22, 2024, under MTC Resolution No. 4647, the Alvarado-Niles Road Part-Time Transit Lane Pilot Project was recommended and approved for grant funding from the BusAID Funding Program in the amount of approximately $1.5 million, with a Project Sponsor Contribution of approximately $200,000.
On May 28, 2024, MTC informed Union City that the Commission approved funding the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, in the amount of $1,703,025, which includes $1,507,688 of Nonfederal State Transit Assistance (STA) funds and a required local match of $195,337.
On July 9, 2024, the City Council adopted Resolution No. 6328-24 accepting $1,507,688 from the Metropolitan Transportation Commission’s (MTC) BusAID Grant Program for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, Amending the Fiscal Year 2024-2025 Capital Projects Fund, ACTIA Measure B Bike & Pedestrian Paths Fund, and ACTIA Measure B Streets & Roads Fund budgets, and authorizing the City Manager to sign Supplement No. 4 to the Master Funding Agreement with MTC for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, in a form approved by the City Attorney, for the BusAID Program Grant Budget totaling $1,703,025 with Local Match (see Attachment 1).
DISCUSSION
Kittelson & Associates, Inc., of Oakland, California, was instrumental in the successful award of MTC’s BusAID Program Grant for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project by assisting Union City Transit and Public Works with the grant application process, including project description and preparing required exhibits. Kittelson & Associates is on the Public Works List of Qualified Firms for Traffic Engineering and Transportation Planning and is familiar with Union City’s transportation network and transit providers.
In March 2022, MTC adopted the new Complete Streets Policy (MTC Resolution No. 4493) with the goal of the policy to make sure that people biking, waking, rolling and taking transit are safely accommodated within the transportation network and requires Project Sponsors to prepare a Complete Streets Check List for MTC approval.
As part of the MTC’s Complete Streets Check List, the proposed Project had to be presented to the Bicycle and Pedestrian Advisory Committee (BPAC). As the subject matter experts, Kittelson & Associates assisted staff in making a presentation to the BPAC on August 20, 2024, see Exhibit A.
After the BPAC meeting, Union City and Kittelson met with MTC to review the Complete Streets Check List for their City Council/RSA Agenda 327 Tuesday, November 26, 2024
review and approval. MTC staff commented that as a condition of the BusAID Program Grant that the City implement a bike route, parallel to Alvarado-Niles Road, before the part-time transit lanes are operational. This parallel bike route, Arizona Street Bike Boulevard is in the approved 2021 Bicycle and Pedestrian Master Plan (BPMP) and uses segments of Arizona Street and the Alameda Creek Flood Control trail. Public Works will include the Arizona Street Bike Boulevard Project in the upcoming Five-Year Capital Improvement Program (CIP) scheduled for approval by June 2025.
Union City is currently coordinating with MTC staff to finalize the appendices to the MTC BusAID Program Grant, see Attachment 2. We can expect an executed agreement in a few months. MTC allows pre-award authority for their grants, allowing Project Sponsors to proceed with the work without an executed Funding Agreement.
FISCAL IMPACT
The Consulting Services Agreement with Kittelson & Associates for the Preliminary Engineering and Final Design, in the amount $275,611, will be funded with $243,998 from the MTC BusAID Program Grant in the Capital Projects Fund (Account Number 4100-3199-92421-54110), and with the City’s Local Match of $16,184 in the ACTIA Measure B Bike & Pedestrian Paths Fund (Account Number 2543-3199-92421-54110) and $15,429 in the ACTIA Measure B Street & Roads Fund (Account Number 2542-3199-92421-54110) for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21.
There is no fiscal impact to the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Kittelson & Associates, Inc., (“Kittelson & Associates”) in the amount of $275,611, for preliminary engineering and final design for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21.
Prepared by:
Marilou Ayupan, Public Works Director
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 –MTC BusAID Program Grant Budget Attachment Attachment 2 –Draft MTC BusAID Program Grant Attachment Attachment 3– Kittelson CSA Attachment
Draft Resolution Resolution
Exhibit A - BPAC Presentation Exhibit
City Council/RSA Agenda 328 Tuesday, November 26, 2024
MTC ALVARADO-NILES ROAD PART TIME TRANSIT LANES PILOT PROJECT City Project No. 24-21
MTC BusAID Grant Program
Prepared November 20, 2024
*City Council approved on July 2024, Local Match of $195,337 ($100,000 of Fund 2543 and $95,337 of Fund 2542)
PROJECT FUNDING AND BUDGET
Task # Deliverables/Phases
MTC Grant
Amount (Fund
4100)
Local Match
13% (Fund 2542
& 2543)* Total Cost
1 Planning/Conceptual Design $66,938 $8,673 $75,611
2 Preliminary Engineering $132,795 $17,205 $150,000
3 Environmental Documentation $44,265 $5,735 $50,000
4 Final Design $265,590 $34,410 $300,000
5 Right of Way $22,133 $2,868 $25,001
6 Construction $887,978 $115,047 $1,003,025
7 Evaluation of Pilot Project $87,989 $11,400 $99,389
TOTAL PROJECT BUDGET $1,507,688 $195,337 $1,703,025
Kittelson Consultant Service Agreement (Nov. 2024)
Task # Deliverables/Phases
MTC Grant
Amount (Fund
4100)
Local Match
13% (Fund 2542
& 2543)* Total Cost
1 Planning/Conceptual Design $66,938 $8,673 $75,611
2 Preliminary Engineering $132,795 $17,205 $150,000
3 Environmental Documentation $44,265 $5,735 $50,000
4 Final Design $0 $0 $0
5 Right of Way $0 $0 $0
6 Construction $0 $0 $0
7 Evaluation of Pilot Project $0 $0 $0
TOTAL INITIAL CSA $243,998 $31,613 $275,611
BREAKDOWN OF LOCAL MATCH FUNDS
Task # Deliverables/Phases
Local Match
Approx. 13%
(Fund 2542 &
Fund 2543)*
ACTA Bike & Ped
Fund 2543
($100,000)
ACTA Streets &
Roads Fund 2542
($95,337)
Total Local
Match
1 Planning/Conceptual Design $8,673 $4,440 $4,233 $8,673 2 Preliminary Engineering $17,205 $8,808 $8,397 $17,205 3 Environmental Documentation $5,735 $2,936 $2,799 $5,735 4 Final Design $34,410 $17,616 $16,794 $34,410
5 Right of Way $2,867 $1,468 $1,399 $2,867
6 Construction $115,047 $58,897 $56,150 $115,047
7 Evaluation of Pilot Project $11,400 $5,836 $5,564 $11,400 Total Local Match Breakdown $195,337 $100,000 $95,336 $195,337 City Council/RSA Agenda 329 Tuesday, November 26, 2024
SUPPLEMENT NO. 4 TO MASTER FUNDING AGREEMENT
Between the METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF UNION CITY
For ALVARADO-NILES ROAD PART-TIME TRANSIT LANE PILOT
This Supplement No. 4 to the Master Funding Agreement (“Supplement” or “Agreement”) is entered into this date, July 9, 2024 by and between the Metropolitan Transportation Commission (“MTC”) and City of Union City (“AGENCY”) and supplements the Master Funding Agreement, dated July 1, 2018, by and between MTC and AGENCY.
Pursuant to this Supplement, MTC agrees to provide an amount not to exceed one million five hundred seven thousand six hundred eighty-eight dollars ($1,507,688) in non-federal State Transit Assistance (STA) Revenue-Based Exchange funds to AGENCY to fund the Alvarado-Niles Road PartTime Transit Lane Pilot (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.
The Supplement Project work will commence on July 1, 2024 and be completed no later than June 30, 2027.
The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder:
☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph A ☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph B ☐ Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) ☒ Exhibit B-3, Additional Terms and Conditions (State Required Clauses) ☒ Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
☐ Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
☐ Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171)
☐ Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)
Funding for Alvarado-Niles Road Part-Time Transit Lane Pilot is pursuant to BusAID program requirements listed in the BusAID Program Guidelines (MTC Resolution 4647 Attachment A).
The MTC Project Manager for the Supplement Project is Joel Shaffer, 415-778-5257, [email protected]. The AGENCY Project Manager for the Supplement Project is Marilou Ayupan, Public Works Director, (510) 675-5306, [email protected] .
City Council/RSA Agenda 330 Tuesday, November 26, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Part-Time Transit Lane Pilot
This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.
Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.
METROPOLITAN TRANSPORTATION
COMMISSION
CITY OF UNION CITY
Andrew B. Fremier, Executive Director Joan Malloy, City Manager City Council/RSA Agenda 331 Tuesday, November 26, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Part-Time Transit Lane Pilot
Annex I
Project Description and Scope of Work
Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21
Project Description
The project will implement an AM and PM peak period part-time, transit lane along both directions of Alvarado- Niles Road (ANR) from approximately 500 feet west of Almaden Boulevard near I-880 to Decoto Road to improve travel time and on-time performance for Union City Transit and AC Transit routes. By repaving the roadway, this project will include restriping the existing Class II bike lane and areas of on-street parking into a part-time, transit lanes. The existing traffic signals along the ANR corridor currently include TSP (Transit Signal Priority). During the part-time, transit lane operations special signs such as Hours of Operation, No Parking (defined times), etc. will be required along with revised pavement delineation/striping and markings. Bicyclists may use the bus-only lane during peak periods but will be encouraged to use parallel bike routes along Arizona Street in the adjacent residential neighborhood.
The capital project consists of pavement slurry or overlay, restriping and new signage to alert motorists of the time restrictions when on-street parking is prohibited. At intersections, additional signage will be installed to clarify that the curb lane is to be used for right turns and through buses during peak periods.
Elements not included in the capital project are as follows:
• No curb modifications are proposed as part of this project. • No signal modifications are proposed as part of this project beyond signal retiming, as transit signal priority is already present along the corridor.
• No bus stop modifications are included in this project. As part of a separate bus shelter project, some bus stops will be moved from near side to far side.
Scope of Work
Task 0: Project Management
Union City and its consultant will provide project management oversight, including contract administration and reporting, invoicing, and management of the project budget and schedule.
Task 1: Planning and Conceptual Design
Union City and its consultant will develop a design concept for the project. As part of this task, the Consultant will assemble roadway as built records and data related to bus operations, on-street parking, bicycle circulation, and traffic operations.
To support the development of the design concept, Union City and its consultant will conduct community engagement with residents, schools, and businesses affected by the project. Additional City Council/RSA Agenda 332 Tuesday, November 26, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Part-Time Transit Lane Pilot
stakeholder coordination will include regular meetings between Union City Public Works, Union City Transit, and AC Transit.
Task 2: Preliminary Engineering
The City’s Consultant will prepare 35% plan sets for the project, consisting primarily of signage and striping changes. As part of preliminary engineering, Union City and its consultant will complete a right of way survey and supplemental data collection to support final design.
Task 3: Environmental Documentation
The City’s Consultant will prepare the required technical studies to support environmental documentation for CEQA (California Environmental Quality Act) approval. Based on this type of roadway improvement project. a CEQA Categorical Exemption is anticipated.
Task 4: Final Design
The City’s Consultant will prepare 65%, 95% and 100% plans, specifications and estimates (PS&E) for the project. Right of Way activities may include utility coordination and adjusting utility covers to grade. Following completion of the 100% PS&E, Union City will solicit construction bids for the project.
Task 5: Right of Way
Right of Way activities include the required utility coordination and agreements for adjusting or modifying an existing surface utility covers to grade. Following completion of the 100% PS&E and Right of Way Certification, Union City will solicit construction bids for the project.
Task 6: Construction Phase
The Contractor will construct the Alvarado-Niles Road Part-Time Transit Lane Pilot, City Project No. 24-21 per Final PS&E package. The City’s Construction Management (CM) firm will provide construction management and inspection services. The City will provide updates to the community to inform residents, schools, and businesses of the construction schedule.
Task 7: Project Evaluation
The City’s Consultant will complete a before/after evaluation of the project to measure its effectiveness.
The evaluation will include the following components:
• Evaluation plan, including measures of effectiveness and data sources. The measures of effectiveness will reflect the goals of the BusAID program and community input received during the planning and conceptual design phase.
• Existing “before” data collection and analysis
• Post-project “after” data collection and analysis
• Evaluation summary and recommendations
City Council/RSA Agenda 333 Tuesday, November 26, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Part-Time Transit Lane Pilot
Annex II
Project Schedule, Budget and Payment
FIRM-FIXED PAYMENT
Payment to AGENCY shall be due in the firm fixed amounts indicated below, upon acceptance by the MTC Project Manager of the following deliverables or milestones, described in detail in Attachment A:
# Deliverable Due Date: Amount Due
1 Planning/Conceptual February 28, 2025 $66,938
2 Preliminary Engineering
(PA/ED) June 30, 2025 $132,795
3 Environmental Documentation
(ENV) June 30, 2025 $44,265
4 Final Design (PS&E) January 30, 2026 $265,590
5 Right-of-Way (R/W) January 30, 2026 $22,133
6 Construction (CON)* July 31, 2026 $887,978
7 Evaluation (EVAL) June 30, 2027 $87,989
TOTAL $1,507,688
*City Council approved on July 9, 2024 a Local Match of $195,337 (about 13%) for the Project. PartTime Transit Lanes is planned to be operational by August 10, 2026 before New Haven Unified School District is in session.
RECIPIENT shall submit an invoice identifying the project deliverable or milestone for which payment is sought no later than thirty (30) days after MTC's acceptance of such deliverable/milestone.
City Council/RSA Agenda 334 Tuesday, November 26, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Part-Time Transit Lane Pilot
ANNEX III
Insurance Requirements
1. INSURANCE
A. Minimum Coverages. The insurance requirements specified in this section shall cover AGENCY’s own liability and the liability arising out of work or services performed under this Agreement by any subconsultants, subcontractors, suppliers, temporary workers, independent contractors, leased employees, or any other persons, firms or corporations that AGENCY authorizes to work under this Agreement (hereinafter referred to as “Agents.”) AGENCY shall, at its own expense, obtain and maintain in effect at all times during the life of this Agreement the following types of insurance against claims, damages and losses due to injuries to persons or damage to property or other losses that may arise in connection with the performance of work under this Agreement.
AGENCY is also required to assess the risks associated with work to be performed by Agents under subcontract and to include in every subcontract the requirement that the Agent maintain adequate insurance coverage with appropriate limits and endorsements to cover such risks. To the extent that an Agent does not procure and maintain such insurance coverage, AGENCY shall be responsible for said coverage and assume any and all costs and expenses that may be incurred in securing said coverage or in fulfilling AGENCY’s indemnity obligation as to itself or any of its Agents in the absence of coverage.
In the event AGENCY or its Agents procure excess or umbrella coverage to maintain certain requirements outlined below, these policies shall also satisfy all specified endorsements and stipulations, including provisions that AGENCY’s insurance be primary without right of contribution from MTC.
Prior to beginning work under this contract, AGENCY shall provide MTC with satisfactory evidence of compliance with the insurance requirements of this section.
The insurance listed hereunder shall be considered minimum requirements and any and all insurance proceeds in excess of the requirements shall be made available to MTC. If the AGENCY maintains broader coverage and/or higher limits than the minimum limits shown hereunder, MTC shall be entitled to the broader coverage and/or higher limits maintained by the AGENCY.
1. Workers' Compensation Insurance with Statutory limits, and Employer’s Liability Insurance with a limit of not less than $1,000,000 per employee and $1,000,000 per accident, and any and all other coverage of AGENCY’s employees as may be required by applicable law. Such policy shall contain a Waiver of Subrogation in favor of MTC. Such Workers’ Compensation & Employer’s Liability may be waived, if and only for as long as AGENCY is a sole proprietor or a corporation with stock 100% owned by officers with no employees.
2. Commercial General Liability Insurance for Bodily Injury and Property Damage liability, covering the premises and operations, and products and completed operations of AGENCY and City Council/RSA Agenda 335 Tuesday, November 26, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Part-Time Transit Lane Pilot
AGENCY’s officers, agents, and employees and with limits of liability which shall not be less than $1,000,000 per occurrence with a general aggregate liability of not less than $4,000,000, a products/completed operations aggregate liability limit of not less than $2,000,000 and Personal & Advertising Injury liability with a limit of not less than $1,000,000. Such policy shall contain a Waiver of Subrogation or “Waiver of Transfer of Rights of Recovery Against Others to Us” provision included in the policy language or by endorsement in favor of MTC.
Products and completed operations insurance shall be maintained for three (3) years following termination of this Agreement.
MTC and those entities listed in Part 3 of this Attachment E (if any), and their commissioners, directors, officers, representatives, and employees are to be named as additional insureds for ongoing and completed operations. The additional insured endorsements shall be at least as broad as Insurance Service Office (ISO) Form Number CG 20 38 04 13 for ongoing operations and Insurance Service Office (ISO) Form Number CG 20 37 04 13 for completed operations. Such insurance shall be primary and non-contributory, and contain a Separation of Insureds Clause as respects any claims, losses or liability arising directly or indirectly from AGENCY’s operations.
3. Business Automobile Insurance for all automobiles owned (if any), used or maintained by AGENCY and AGENCY’s officers, and employees, including but not limited to owned (if any), leased (if any), non-owned and hired automobiles, with limits of liability which shall not be less than $1,000,000 combined single limit per accident.
4. Excess or Umbrella Insurance in the amount of $4,000,000 providing excess limits over Employer’s Liability, Automobile Liability, and Commercial General Liability Insurance. Such umbrella coverage shall be following form to underlying coverage including all endorsements and additional insured requirements.
5. Errors and Omissions Professional Liability Insurance for errors and omissions and the resulting damages, including, but not limited to, economic loss to MTC and having minimum limits of $2,000,000 per claim.
The policy shall provide coverage for all work performed by AGENCY and any work performed or conducted by any subcontractor/consultant working for or performing services on behalf of AGENCY. No contract or agreement between AGENCY and any subcontractor/consultant shall relieve AGENCY of the responsibility for providing this Errors & Omissions or Professional Liability coverage for all work performed by AGENCY and any subcontractor/consultant working on behalf of AGENCY on the project.
6. Property Insurance. Property Insurance covering AGENCY'S own business personal property and equipment to be used in performance of this Agreement, materials or property to be City Council/RSA Agenda 336 Tuesday, November 26, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Part-Time Transit Lane Pilot
purchased and/or installed on behalf of MTC (if any), and builders risk for property in the course of construction (if applicable). Coverage shall be written on a "Special Form" policy that includes theft, but excludes earthquake, with limits at least equal to the replacement cost of the property. Such policy shall contain a Waiver of Subrogation or “Transfer of Rights of Recovery Against Others to Us” provision included in the policy language or by endorsement in favor of MTC.
7. Employee Dishonesty/Crime Insurance.
Not applicable
8. Contractors’ Pollution Liability Insurance. Contractors’ Pollution Liability insurance for bodily injury and property damage coverage for bodily injury and property damage of at least $2,000,000 per occurrence or claim and a general aggregate limit of at least $2,000,000. This insurance shall include coverage for, but not be limited to sudden and accidental discharges; gradual discharges, clean-up of pollutants and disposal thereof; and, mold, asbestos or lead, if an abatement contract. If AGENCY disposes of Hazardous Materials under this Agreement, AGENCY shall designate the disposal site and provide a certificate of insurance from the disposal facility to MTC.
AGENCY’s Business Automobile Liability coverage shall also be extended to cover pollution liability during loading; unloading and while in transit including, but not limited to, the perils of collision and upset. Coverage may be provided by endorsement to the general liability and automobile policies or by a separate policy.
Such policy shall contain a Waiver of Subrogation in favor of MTC.
MTC (and those entities listed in Part 3, ADDITIONAL INSUREDS, of this Attachment E (if any), and their commissioners, directors, officers, representatives, agents and employees are to be named as additional insureds. Such insurance shall be primary and contain a Separation of Insureds Clause as respects any claims, losses or liability arising directly or indirectly from AGENCY’s operations.
9. Aviation Liability Insurance.
Not applicable
B. Acceptable Insurers. All policies will be issued by insurers, generally with a Best’s Rating of A- or better with a Financial Size Category of VII or better, or an A rating from a comparable rating service.
C. Self-Insurance. AGENCY’s obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance, upon evidence of financial capacity satisfactory to MTC.
D. Deductibles and Retentions. AGENCY shall be responsible for payment of any deductible or retention on AGENCY’s policies without right of contribution from MTC. Deductible and retention City Council/RSA Agenda 337 Tuesday, November 26, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Part-Time Transit Lane Pilot
provisions shall not contain any restrictions as to how or by whom the deductible or retention is paid.
Any deductible or retention provision limiting payment to the Named Insured is unacceptable.
In the event that MTC seeks coverage as an additional insured under any AGENCY insurance policy that contains a deductible or self-insured retention, AGENCY shall satisfy such deductible or self-insured retention to the extent of loss covered by such policy, for any lawsuit arising from or connected with any alleged act of AGENCY, subconsultant, subcontractor, or any of their employees, officers or directors, even if AGENCY or subconsultant is not a named defendant in the lawsuit.
E. Claims Made Coverage. If any insurance specified above is written on a “Claims-Made” (rather than an “occurrence”) basis, then in addition to the coverage requirements above, AGENCY shall:
(1) Ensure that the Retroactive Date is shown on the policy, and such date must be before the date of this Agreement or the beginning of any work under this Agreement; (2) Maintain and provide evidence of similar insurance for at least three (3) years following project completion, including the requirement of adding all additional insureds; and (3) If insurance is cancelled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, AGENCY shall purchase “extended reporting” coverage for a minimum of three (3) years after completion of the work.
F. Failure to Maintain Insurance. All insurance specified above shall remain in force until all work or services to be performed are satisfactorily completed, all of AGENCY’s personnel, subconsultants, subcontractors, and equipment have been removed from MTC’s property, and the work or services have been formally accepted. AGENCY must notify MTC if any of the above required coverages are non-renewed or cancelled. The failure to procure or maintain required insurance and/or an adequately funded self-insurance program will constitute a material breach of this Agreement.
G. Certificates of Insurance. Prior to commencement of any work hereunder, AGENCY shall deliver to Ebix, MTC’s authorized insurance consultant, insurance documentation (including Certificates of Liability Insurance, Evidences of Property Insurance, endorsements, etc.) verifying the aforementioned coverages. Such evidence of insurance shall make reference to all provisions and endorsements referred to above and shall be signed by the authorized representative of the Insurance Company shown on the insurance documentation. The Project name shall be clearly stated on the face of each Certificate of Liability Insurance and/or Evidence of Property Insurance.
City Council/RSA Agenda 338 Tuesday, November 26, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Part-Time Transit Lane Pilot
AGENCY shall submit certificates of insurance to:
Metropolitan Transportation Commission
Insurance Compliance
P.O. Box 100085-M8
Duluth, GA 30096
or
Email to [email protected]
or
Fax to 1-888-617-2309
MTC reserves the right to require copies of all required policy declarations pages or insurance policies, including endorsements, required by these specifications, at any time.
2. FINANCIAL SECURITY (BONDS)
Not Applicable
3. ADDITIONAL INSUREDS
The following entities are to be named as Additional Insureds under applicable sections of this Attachment E and as MTC Indemnified Parties, pursuant to Article 9 of the Agreement.
Not applicable
City Council/RSA Agenda 339 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF UNION CITY
AND
KITTELSON & ASSOCIATES, INC.
FOR THE
PRELIMINARY ENGINEERING AND FINAL DEISGN
FOR ALVARADO-NILES ROAD PART-TIME TRANSIT LANES PILOT PROJECT, CITY PROJECT NO. 24-21
This Agreement for consulting services (“Agreement”) is made by and between the City of Union City, a municipal corporation, (“City”) and Kittelson & Associates, Inc., a corporation, with offices located at 155 Grand Avenue, Suite 05, Oakland, CA 94612, (“Consultant”), (together referred to as the “Parties”) as of November 4, 2024 (the “Effective Date”).
Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2025, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 340 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Two Hundred Seventy-Five Thousand Six Hundred Eleven Dollars ($275,611), notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; • The Consultant’s signature;
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 341 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 342 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis.
B Commercial or Business
Automobile Liability
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 343 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.
Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.
C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.
Consultant may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
volunteers for loss arising from
work performed under this
Agreement.
D Professional Liability/Errors
& Omissions
$2,000,000 per claim
$4,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim.
4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 344 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 345 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. With the exception of Consultant’s professional liability policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall, to the extent permitted by law, indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, reasonable attorney’s fees and costs and fees of litigation) (collectively, “Liability”) to the extent arising out of, pertaining to or related to Consultant’s negligence, recklessness or willful misconduct in the performance of the Services in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 346 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 347 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 348 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 349 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed paper materials on paper containing a minimum of 30% post-consumer recycled content when they are available in the marketplace at equal or less cost than virgin paper and are equal in performance to virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 350 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Marilou Ayupan ("Contract Administrator"). All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.
Marilou Ayupan, P.E.
Public Works Director
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
[email protected]
10.10 Notices. Any written notice to Consultant shall be sent to:
Laurence Lewis, AICP
Senion Principal Planner
Kittelson & Associates, Inc.
155 Grand Avenue, Suite 505
Oakland, CA 94612
[email protected]
All other written notices to City shall be sent to:
Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.
Union City, CA 94587 Union City, CA 94587
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 351 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Public Works Requirements
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF UNION CITY KITTELSON & ASSOCIATES, INC.
______________________________ ______________________________________
JOAN MALLOY, CITY MANAGER LAURENCE LEWIS, SENIOR PRINCIPAL
PLANNER
ATTEST:
______________________________
THAI NAM N. PHAM, CITY CLERK
APPROVED AS TO FORM:
_________________________________
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 352 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
EXHIBIT A
SCOPE OF SERVICES
Alvarado-Niles Road Part Time Transit Lanes Pilot Project, City Project No. 24-21
Project Overview
The Alvarado-Niles Road Part Time Transit Lanes Pilot Project, City Project No. 24-21 is funded with a Metropolitan Transportation Commission (MTC) BusAID Program Grant in the amount of $ 1,507,688 with a Local Match of $195,337, totaling $1,703,025 per City Council Resolution No. 6328-24 The purpose of this part-time transit lane pilot project is to improve travel time and operations for Union City Transit (Routes 1,3 & 5) and AC Transit (Route 97) along the Alvarado-Niles Road between Almaden Boulevard and Decoto Road during AM and PM peak congestion hours. This transit priority corridor connects Union Landing Transit Center to the Union City BART Station and serves the students at James Logan High School and Cesar Chavez Middle School.
Project Description
The Project will implement a peak period bus lane along both directions of Alvarado Niles Road from Decoto Road to 500 feet west of Almaden Boulevard. The project will entail repurposing the existing parking lane and bike lane into a part-time bus lane. Bicyclists may use the lane during peak periods but will be encouraged to use parallel bike routes along Arizona Street.
The capital project consists of bus lane striping and new signage to alert motorists of the time restrictions when on-street parking is prohibited. At intersections, additional signage will be installed to clarify that the curb lane is to be used for right turns and through buses during peak periods.
Elements not included in the capital project are as follows:
• No curb modifications are proposed as part of this project. • No signal modifications are proposed as part of this project beyond signal retiming, as transit signal priority is already present along the corridor. • No bus stop modifications are included in this project. As part of a separate bus shelter project, some bus stops will be moved from near side to far side.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 353 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
Initial Scope of Work
The initial scope of work as presented below covers work for the Planning/Conceptual Design, Preliminary Engineering (PA/ED), and Environmental Documentation (ENV) phases. Subsequent work for Final Design (PS&E), Construction Management, and Post-Project Evaluation are not covered under this scope.
TASK 0: PROJECT MANAGEMENT
Kittelson will provide project management for the consultant team, including invoicing, monthly progress reports, and management of the project budget and schedule. Kittelson will also prepare for and hold bi-weekly check-in meetings with City staff.
Key Deliverables:
• Monthly invoices and progress reports
• Updates to project schedule
• Bi-weekly meeting agendas and notes
Key Assumptions:
• Up to ten (10) bi-weekly meetings will be held.
• Additional bi-weekly meetings and invoices will be covered under the subsequent scope of work.
TASK 1: PLANNING/CONCEPTUAL DESIGN
Work for the Planning and Concept Design phase consists of the following:
Task 1.1 Best Practices Research – Kittelson will conduct best practices research on shared bus/bike lanes. Specific focus areas will include pavement striping treatments, signage, intersection treatments, enforcement, and approaches to minimize conflicts between bicyclists and buses. The research will include both industry standard documents (for example, CA MUTCD) and built examples from other communities.
Key Deliverables:
• PowerPoint slide deck summarizing best practices and key considerations for design and implementation
Key Assumptions:
• Two rounds of consolidated revisions from the City
• Additional work to define design options for the Project will be completed under the subsequent scope of services
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 354 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
Task 1.2 Transit Evaluation Plan and Pre-Project Data Collection – Kittelson will prepare a project evaluation plan that will document the proposed measures of effectiveness and data sources. The project evaluation plan will document the data collection to be completed for both pre-project and post-project conditions. The pre-project data collection will be completed in Fall 2024 between Labor Day and Veterans Day and is covered under a separate contract.
Key Deliverables:
• Transit Evaluation Plan (Draft and Final)
Key Assumptions:
• The pre-project data collection will be completed under a separate contract.
Task 1.3 Community Engagement – Kittelson subconsultant Circlepoint will support community engagement activities for the project. Engagement activities will be determined in coordination with the City and may include a community meeting and notification materials such as flyers.
Key Deliverables:
• To be defined based on coordination with City
Task 1.4 Transportation Analysis and Recommended Concept of Operations – Kittelson will analyze the data collected in the prior tasks to identify and recommend AM and PM peak hours of operation duration for the part-time bus lanes along Alvarado-Niles Road.
The transportation analysis will include the following:
• Traffic volumes by direction and time of day
• Peak periods for traffic for each direction, including duration and magnitude • Locations of traffic delay and congestion by time of day and direction • Bus operating speeds by direction for the peak periods, including dwell times at bus stops, delays for reentering traffic, and delays at traffic signals • Bicyclist volumes for the peak and off-peak periods
• On-street parking analysis, including utilization for the peak and off-peak periods Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 355 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
The Concept of Operations will be based on the analysis results and will document the recommended operating parameters for the part-time transit lanes include the following:
• Hours of operation for the part-time bus lanes, by direction • Estimated benefits to bus travel times
• Impacts to on-street parking
• Impacts to bicycle circulation, including recommended alternate routes • Lane configuration and operations for right turns at intersections • Menu of recommended signage treatments
Key Deliverables:
• Transportation Analysis Summary (draft and final)
• Concept of Operations Report (draft and final)
Key Assumptions:
• No additional data collection is included as part of this task. All data collection will occur prior to analysis.
• The Transportation Analysis Summary will use visuals such as graphs and charts to summarize the results.
• The Concept of Operations Report will undergo up to two rounds of review prior to presentation to BPAC.
Task 1.5: Bicycle and Pedestrian Advisory Committee (BPAC) Update Kittelson will assist the City with preparation and presentation to BPAC on the recommendation of the Concept of Operations. In advance of the meeting, Kittelson will meet with City staff and with the BPAC chair and vice-chair.
Key Deliverables:
• BPAC PowerPoint slides (Draft and Final) and presentation • Participation in BPAC meeting Q&A
Key Assumptions:
• Kittelson will attend the BPAC meeting in person.
• The BPAC presentation materials will undergo two rounds of review. • Kittelson will review and provide comments on the BPAC meeting notes prepared by Winter Consulting.
• One BPAC meeting is covered under this scope.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 356 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
TASK 2: PRELIMINARY ENGINEERING
Initial work for the Preliminary Engineering phase consists of the following:
Task 2.1 Engineering Survey– The City will obtain needed survey data from Alameda County Water District, including right of way, striping, signage, and utilities..
Key Deliverables:
• None
Key Assumptions:
• Budget for completing the survey is not included under this task. • If signage data is not included in the survey, then Kittelson will provide a scope and fee estimate for completing the additional data collection.
Task 2.2 Preliminary Engineering Concepts – Kittelson will prepare preliminary engineering concepts for the part-time, bus-only lanes along Alvarado-Niles Road from Almaden Boulevard to Decoto Road with street sections, preliminary striping and sign plans.
Key Deliverables:
• Preliminary Engineering Concepts (Draft and Final)
Key Assumptions:
• The engineering concepts will undergo two rounds of review. • The concept drawings will reflect one recommendation or scenario based on the outcome of Task 2.
• Kittelson’s subconsultant (ActiveWayz) will review and provide input on the engineering concepts to aid in the transition to final design.
• The engineering concepts for the parallel route (Arizona Street) are not included in this scope.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 357 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
TASK 3: ENVIRONMENTAL DOCUMENTATION
Kittelson’s subconsultant (Circlepoint) will lead the Environmental Documentation phase and will review the part-time bus lane concepts. Based on the project understanding and description, the Project should qualify for use of a Class 1 Categorical Exemption (CE), under CEQA Guidelines Section 15301(c).
The CEQA Guidelines detail exceptions to exemptions, which can preclude the use of an exemption. Based on an initial review of the relevant exceptions, several are not anticipated to apply (cumulative impact, significant effect, and scenic highways). Two will require further evaluation: hazardous waste sites and historical resources.
Task 3.1 Environmental Analysis and Documentation
Circlepoint will prepare a memorandum-style CE that describes the project, reviews the exceptions to exemption criteria to document whether exceptions apply, and provides substantial evidence on how the project type and characteristics meet the criteria for a Class 1 exemption. • Hazardous materials - Circlepoint will complete database searches and will analyze the results. The data sets will be provided as attachments to the CE memo. • Historic resources - Circlepoint will request a non-confidential records search of the Northwest Information Center to identify known historic resources. Circlepoint will consult relevant planning documents or databases the City identifies.
If the analysis results for hazardous materials and historic resources determine there are relevant exceptions to exemption, a CE cannot be used and Circlepoint will discuss next steps with Kittelson and the City.
Assuming that there are no exceptions to exemption, Circlepoint will complete a CE memo. Once the CE memo is finalized, Circlepoint will prepare a Notice of Exemption for filing with the State Clearinghouse.
Key Deliverables:
• CEQA Class I Categorical Exemption Memo (Draft and Final) Key Assumptions:
• NEPA clearance is not required for the Project since there is no Federal funding. • Parking is not an impact covered under CEQA.
• Two rounds of review are assumed for the CE memo.
• If hazardous materials and/or historic resources analysis determine there are relevant exceptions to exemption, a CE cannot be used.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 358 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
• If requested by the City, Circlepoint will facilitate filing with the State Clearinghouse on behalf of the City.
• If requested by the City, Circlepoint will file the NOE with the County Clerk’s office. • All documents will be submitted electronically, except for County Clerk filing which requires hard copies.
FUTURE PROJECT TASK
As identified in the MTC BusAID Program Funding Agreement for the Alvardo-Niles Road Part Time Transit Lanes Pilot Project, City Project No.24-21, below are the future tasks:
TASK 4: FINAL DESIGN
TASK 5: RIGHT OF WAY
TASK 6: CONSTRUCTION
TASK 7: EVALUATION
PROJECT SCHEDULE
The anticipated project schedule as identified in the MTC BusAID Program Grant is noted below:
Task No. Deliverable/Phase Milestone Schedule
1 Planning/Conceptual Design February 28, 2025
2 Preliminary Engineering (PE) June 30, 2025
3 Environmental Documentation (ENV) June 30, 2025
4 Final Design (PS&E) January 30, 2026
5 Right of Way (R/W) January 30, 2026
6 Construction (CON) July 31, 2026
7 Evaluation June 30, 2027
The Part Time Bus Lanes Pilot Project is estimated to be operational by August 10, 2026 before the Nee Haven Unified School District is in session.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 359 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
EXHIBIT B
COMPENSATION SCHEDULE
Project Phase Description Billing Method Authorized Amount Retainer Amount 0 Project
Management N/A $0 (included in other subsequent tasks)
1 Planning/
Conceptual
Design
Time & Materials $ 75,611 $0
2 Preliminary
Engineering
(PE/PA& ED)
Time & Materials $150,000 $0
3 Environmental
Documentation Lump Sum $50,000 $0
Total $275,611 $0
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 360 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 361 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 362 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Kittelson & Associates, Inc., City Project No. 24-21
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
DIR REGISTRATION
Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Docusign Envelope ID: 5ABED623-1965-4797-BCF6-2A5DEC4EEA15 City Council/RSA Agenda 363 Tuesday, November 26, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSULTING SERVICES AGREEMENT
WITH KITTELSON & ASSOCIATES, INC., IN THE
AMOUNT OF $275,611, FOR PRELIMINARY
ENGINEERING AND FINAL DESIGN FOR THE
ALVARADO-NILES ROAD PART-TIME TRANSIT LANE
PILOT PROJECT, CITY PROJECT NO. 24-21
WHEREAS, the Metropolitan Transportation Commission (MTC), a regional planning agency has been designated as the federal Metropolitan Planning Organization (“MPO”) and the state Regional Transportation Agency (“RTPA”) for the San Francisco Bay Area; and
WHEREAS, the Metropolitan Transportation Commission (MTC) from time to time expects to provide available regional, state and federal funds to itself as an MPO and RTPA, and otherwise to local agencies, and these funds will be used for planning and programming transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the “Project” or “Projects”); and WHEREAS, on July 10, 2018, the City Council adopted Resolution No. 5360-18, authorizing the City Manager to enter into a Master Funding Agreement with the MTC for funding Planning, Programming, Transportation, Transit, Land Use or Other Projects for Fiscal Years 2018-2019 through 2027-2028; and
WHEREAS, in late 2023, MTC conducted a solicitation for projects and developed an inventory of projects to be considered for Bus Accelerated Infrastructure Delivery (BusAID) funding, an initiative of the MTC Commission’s Transit Transformation Action Plan (TAP) which was adopted in September 2021; and WHEREAS, Union City Transit and Public Works submitted a BusAID grant program application on February 23, 2024, for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21; and WHEREAS, the Pilot Project will entail repurposing the existing parking lane and bike lane into an 11-foot part-time, bus only lane during peak congestion periods for both morning and afternoon commute hours along Alvarado-Niles Road between Almaden Boulevard and Decoto Road to improve operations and travel times for Union City Transit (Routes 1,3 and 5) and AC Transit (Route 97), Mondays to Fridays; and WHEREAS, as part of the new part-time transit lane improvements, the existing Class II bike lanes will be upgraded to the buffered Class II bike lane and will be available to bicyclists during non-peak periods, Monday to Friday, and during the weekends; and
WHEREAS, bicyclists may use the part-time transit lane during peak periods but will be encouraged to use the parallel bike route along Arizona Street; and City Council/RSA Agenda 364 Tuesday, November 26, 2024
Resolution No. XXXX-24
Execute CSA with Kittelson & Associates, Inc. for ANR Part-Time Transit Pilot Project
WHEREAS, on March 26, 2024, Union City was informed by MTC of the recommendation of funding the Alvarado-Niles Road Part-Time Transit Lane Pilot Project to the Regional Network Management committee for their approval and then recommending approval to the MTC; and
WHEREAS, on May 22, 2024, under MTC Resolution No. 4647, the AlvaradoNiles Road Part-Time Transit Lane Pilot Project was recommended and approved for grant funding from the BusAID Funding Program in the amount of approximately $1.5 million, with a Project Sponsor Contribution of approximately $200,000; and WHEREAS, on May 28, 2024, MTC informed Union City that the Commission approved funding the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, in the amount of $1,703,025, which includes $1,507,688 of Nonfederal State Transit Assistance (STA) funds and a required local match of $195,337; and
WHEREAS, on July 9, 2024, the City Council adopted Resolution No. 6328-24 accepting $1,507,688 from the Metropolitan Transportation Commission’s (MTC) BusAID Grant Program for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, Amending the Fiscal Year 2024-2025 Capital Projects Fund, ACTIA Measure B Bike & Pedestrian Paths Fund, and ACTIA Measure B Streets & Roads Fund budgets, and authorizing the City Manager to sign Supplement No. 4 to the Master Funding Agreement with MTC for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, in a formed approved by the City Attorney; and WHEREAS, Kittelson & Associates, Inc. of Oakland, California, was instrumental in the successful award of MTC’s BusAID Program Grant for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project by assisting Union City Transit and Public Works with the grant application process, including project description and preparing required exhibits; and
WHEREAS, Kittelson & Associates, Inc. of Oakland, California, is on the Public Works List of Qualified Firms for Traffic Engineering and Transportation Planning and is familiar with Union City’s transportation network and transit providers; and WHEREAS, in March 2022, MTC adopted the new Complete Streets Policy (MTC Resolution No. 4493) with the goal of the policy to make sure that people biking, walking, rolling and taking transit are safely accommodated within the transportation network and requires Project Sponsors to prepare a Complete Streets Check List for MTC approval; and
WHEREAS, as part of MTC’s Complete Streets Check List the proposed Project had to be presented to the Bicycle and Pedestrian Advisory Committee (BPAC). With Kittelson & Associates understanding of the Project, staff and Kittelson made a presentation to the BPAC on August 20, 2024; and
City Council/RSA Agenda 365 Tuesday, November 26, 2024
Resolution No. XXXX-24
Execute CSA with Kittelson & Associates, Inc. for ANR Part-Time Transit Pilot Project
WHEREAS, the Consulting Services Agreement with Kittelson & Associates for the Preliminary Engineering and Final Design, in the amount $275,611, will be funded with $243,998 from the MTC BusAID Program Grant in the Capital Projects Fund (Account Number 4100-3199-92421-54110), and with the City’s Local Match of $16,184 in the ACTIA Measure B Bike & Pedestrian Paths Fund (Account Number 2543-3199- 92421-54110) and $15,429 in the ACTIA Measure B Street & Roads Fund (Account Number 2542-3199-92421-54110) for the Alvarado-Niles Road Part-Time Trasit Lane Pilot Project, City Project No. 24-21; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute a Consulting Services Agreement with Kittelson & Associates, Inc., of Oakland, CA, in the amount of $275,611, for Preliminary Engineering and Final Design for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 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
Attachment:
1. Exhibit A- BPAC Presentation
City Council/RSA Agenda 366 Tuesday, November 26, 2024
August 20, 2024
BPAC Meeting
Laurence Lewis, Kittelson
Trieu Tran, Union City
Alvarado-Niles Road
Part-Time
Transit Lanes
Pilot Project
In collaboration with
City Council/RSA Agenda 367 Tuesday, November 26, 2024
2 MTC BusAID Program
❑Bus "Accelerated Infrastructure Delivery" (AID)
❑Emphasizes near-term, quick-build delivery to
address transit problem “hotspot” locations
Goals: ➢Reduce transit times and improve transit
reliability
➢Center on populations that depend on
transit the most
Union City is one of only eight projects selected
by MTC ➢Complete Streets checklist (discussed later)
is required to receive funding
City Council/RSA Agenda 368 Tuesday, November 26, 2024
3 Project Background
❑Alvarado-Niles Rd. from
Decoto Rd. to 500’ west
of Almaden Blvd.
❑Three Union City Transit
routes; one AC Transit
route
➢Average of 13 buses per
hour per direction– one
bus per 4.6 minutes
City Council/RSA Agenda 369 Tuesday, November 26, 2024
4 Project Background
❑Four schools: James Logan High,
Kitayama Elementary, Searles
Elementary, and Chavez Middle
Project Need: ➢Bus routes serve school trips ➢Buses experience delays due to traffic congestion and reentering
travel lanes ➢Additional traffic from Central Ave.
business district employees (2-3
PM)
City Council/RSA Agenda 370 Tuesday, November 26, 2024
5 Proposed Project
❑Implement part-time bus lane
during peak periods
Proposed Approach:
➢Repurpose 7’ parking lane & 5’ bike
lane
➢Shared bus/bike operations during
peak periods Alvarado Niles Rd. looking WB from Dowe Ave.
City Council/RSA Agenda 371 Tuesday, November 26, 2024
6 Proposed Project
Proposed Approach:
➢Upgrade to buffered Class II bike
lane during off-peak periods
where on-street parking is not
used
➢No curb modifications
➢No signal infrastructure
modifications; transit signal
priority already exists
Alvarado Niles Rd. looking WB from Dowe Ave.
City Council/RSA Agenda 372 Tuesday, November 26, 2024
7 Existing Conditions
Part-Time Shared
Bus/Bike Lane
(peak periods)
Buffered Bike Lane
(off-peak, in areas where onstreet parking is not used) Proposed Project
7’ parking,
5’ bike lane
7’ parking,
5’ bike lane
12’ shared
bus/bike lane
12’ shared
bus/bike lane
12’ buffered
bike lane
12’ buffered
bike lane
City Council/RSA Agenda 373 Tuesday, November 26, 2024
8 Proposed Project
Technical and Community Issues:
➢Signing and striping/marking of
shared bus/bike lane
➢Education regarding use of shared
bus/bike lane
➢Signage and marking at
intersections
➢Defining specific time periods for
bus lane use
➢On-street parking impacts for
adjacent residents
➢Bike connectivity and alternate routes
Wilshire Blvd., Los Angeles
Source: LA Metro
City Council/RSA Agenda 374 Tuesday, November 26, 2024
9 Technical Analysis
❑Analysis will inform community engagement and project design recommendations
• Proposed Data Collection (between Labor Day and Veterans Day):
➢Traffic volumes and speeds
➢Intersection turn movement counts
➢On-street parking inventory and occupancy
➢Bicycle and pedestrian counts
➢Bus travel time and delay
➢Near misses at intersections
• Additional Analysis Tasks:
➢Research of existing peak hour bus/bike lanes
City Council/RSA Agenda 375 Tuesday, November 26, 2024 ➢Post-project evaluation (Fall 2026) to refine the design 10 Project Schedule
Phase – Milestone
Start Date
Completion
Date
Planning/ Feasibility/ Conceptual
Design
August
2024
February
2025
Environmental Document (ENV) March 2025 June 2025
Preliminary Engineering (PE /
PA&ED)
February
2025
June 2025
Final Design - Plans,
Specifications, & Estimates
(PS&E)
July 2025 Dec 2025
Right-of-Way Activities /
Acquisition (R/W) N/A N/A
Construction (Begin – Open for
Use) (CON) July 2026 Sept. 2026
Pre-/Post-Project Evaluation
(EVAL)
Pre:
Nov/Dec
2024
Post:
Nov/Dec
2026
❑Project construction
originally planned for
Summer 2025
❑Alvarado-Niles Pipeline
Seismic Improvement
Project planned for Jan
2025 – Summer 2026
❑Bus lane project would be
implemented as part of
wrap-up of pipeline
project
City Council/RSA Agenda 376 Tuesday, November 26, 2024
11 Community and Stakeholder Engagement
❑Engagement to occur throughout project duration
❑Engagement and communications plan to be developed as first project task
Proposed Approach:
➢BPAC meeting updates
➢Coordination meetings with AC Transit
➢Community engagement in partnership with schools
➢Outreach and education to property owners, Central Business District, and residents
City Council/RSA Agenda 377 Tuesday, November 26, 2024
12 MTC Project Funding & Requirements
❑MTC’s Resolution 4493 is an update to the Bay
Area’s regional Complete Streets (CS) Policy
that was first adopted in 2006.
Purpose:
➢Ensure biking, walking, rolling, & taking
transit for people of all ages and abilities are
safely accommodated within the
transportation network
Policy:
➢Projects funded all or part with regional
discretionary funding or receiving MTC
City Council/RSA Agenda 378 Tuesday, November 26, 2024 endorsements shall adhere to the CS Policy Meeting Completes Streets Requirements
For all ages and abilities
Propose BusAid
Project
• Preliminary scope
• Preliminary planning
BusAid Selection
& Award
• Project scheduling
• Conceptual design
Complete Streets
Checklist
• BPAC Meeting &
Discussion
• All ages & abilities
design or proposed
alternate (Director
approval)
MTC Review &
Approval
• Fulfillment of
Complete Streets
City Council/RSA Agenda 379 Tuesday, November 26, 2024 Policy 13 All Ages & Abilities
City Council/RSA Agenda 380 Tuesday, November 26, 2024 14 15 Protected Bike Lane Bicycle Boulevard
City Council/RSA Agenda 381 Tuesday, November 26, 2024
Alternate Routes
16 Alameda Creek Trail
Arizona Street Bicycle Boulevard
City Council/RSA Agenda 382 Tuesday, November 26, 2024
Laurence Lewis,
Kittelson
Trieu Tran, CE III
Alvarado-Niles Road
Part-Time
Transit Lanes
Pilot Project
COMMMENTS OR QUESTIONS....
City Council/RSA Agenda 383 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: WAIVE FURTHER READING AND ADOPT AN ORDINANCE APPROVING ZONING MAP AMENDMENT, A-24-002, TO UPDATE THE OFFICIAL UNION CITY ZONING MAP FOR PROPERTY LOCATED AT 31300 ALVARADO-NILES ROAD (APN 463-0104-006-00) FROM
UNION LANDING COMMERCIAL (CUL) TO COMMUNITY COMMERCIAL (CC) FOR CONSISTENCY WITH THE 2040 GENERAL PLAN AND TO FACILITATE THE
DEMOLITION AND REBUILD OF A SERVICE STATION
EXECUTIVE SUMMARY
Staff recommends the City Council waive further reading and adopt an Ordinance to amend the Official Union City Zoning Map (A-24-002) to rezone for property located at 31300 Alvarado-Niles Road (APN 463-0104-006- 00) from Union Landing Commercial (CUL) to Community Commercial (CC). The Zoning Map amendment will ensure consistency with the 2040 General Plan and will facilitate the demolition and rebuild of a service station.
The City Council held a public hearing and introduced the Ordinance at its November 19, 2024, Special Meeting on a 5-0 vote. See Attachment 1 for the Ordinance and Exhibit showing the amendment to the City’s Official Zoning Map.
STRATEGIC PLAN ALIGNMENT
While the proposed amendment does not have alignment with a specific Strategic Plan goal, approval of the application implements the Citywide vision included in the Strategic Plan, which is "To be a vibrant, inclusive and prosperous community where residents and businesses thrive, and innovation grows."
BACKGROUND
The Zoning Map amendment is associated with the Chevron/Power Market project, which includes renovation of an existing service station located in the Union Landing Shopping Center. Other entitlements associated with the City Council/RSA Agenda 384 Tuesday, November 26, 2024
project include a General Plan (GP) amendment (AG-24-002), Use Permit (UP-24-005), and Site Development Review approval (SD-24-007), which were approved on a 5-0 vote at the November 19, 2024, City Council meeting. The City Council also introduced the Ordinance at that meeting. For a more detailed overview of the project, public outreach process, and CEQA determination, see the November 19, 2024, City Council Agenda Item.
DISCUSSION
The service station use is considered legal nonconforming under the current zoning designation of CUL, which limits its ability to expand. The Zoning Map amendment will address this issue as service stations are a conditionally permitted use in the CC Zoning District. The proposed Zoning Map amendment will also ensure the subject property’s zoning designation is consistent with its’ recently updated General Plan designation of Retail Commercial, which is required by State law.
FISCAL IMPACT
There is no impact to the General Fund associated with this item.
RECOMMENDATION
Staff recommends the City Council waive further reading and adopt an Ordinance (Attachment 1) approving A-24- 002 to amend the Official Union City Zoning Map to rezone property located at 31300 Alvarado-Niles Road (APN 463-0104-006-00) from Union Landing Commercial (CUL) to Community Commercial (CC).
Prepared by:
Natalie Dean, Associate Planner
Submitted by:
Carmela Campbell, Economic and Community Development Director ATTACHMENTS:
Description Type
Proposed Ordinance Zoning MapAmendment (A-24-002) Ordinance Exhibit A - Zoning MapAmendment Exhibit
City Council/RSA Agenda 385 Tuesday, November 26, 2024
ORDINANCE NO. XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY ADOPTING ZONING MAP AMENDMENT (A-24-002) TO REZONE THE
PROPERTY AT 31300 ALVARADO NILES ROAD (APN 463-0104-006- 00) FROM UNION LANDING COMMERCIAL (CUL) TO COMMUNITY
COMMERCIAL (CC) FOR THE CHEVRON/POWER MARKET PROJECT
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Ordinance currently regulates all development within the City; and
WHEREAS, Samir Hijazi of Archissance, on behalf of H & S Energy Products, LLC, is requesting General Plan Amendment (AG-24-002), Zoning Map Amendment (A24-002), Use Permit (UP-24-005) and Site Development Review (SD-24-007) approvals to demolish an existing service station, construct a new 2,875 square-foot canopy over four (4) fuel dispensing islands, and a 2,375 square-foot convenience store and related improvements including updates to the connection to the adjacent Union City Transit Center located at 32080 Union Landing Boulevard, hereinafter referred to as the “Project”; and
WHEREAS, the Project site consists of 21,902 Square Feet (0.502 Acres) (“Property”) and is located at 31300 Alvarado-Niles Road (APN: 463-0104-006-00); and WHEREAS, the applicant has applied for Zoning Map Amendment (A-24-002) to amend the Zoning Map designation of the Project site from Union Landing Commercial (CUL) to Community Commercial (CC), where service stations and gas marketeers are a conditionally permitted use. To ensure consistency with the Zoning Map amendment, a General Plan Amendment (AG-24-002) is also proposed to update the General Plan Land Use diagram from Regional Retail Commercial to Retail Commercial and to ensure internal consistency with other General Plan figures; and WHEREAS, the proposed amendment to the Zoning Map is shown in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared for the Project, which determined the Project would not result in any significant impacts with the incorporation of mitigation measures; and
WHEREAS, a publicly noticed study session on the Project was held by the Planning Commission on September 19, 2024. The staff report and attachments are incorporated herein by reference; and
PLANNING COMMISSION REVIEW
WHEREAS, pursuant to Section 65353 of the Government Code, the Planning Commission held a duly noticed public hearing on the Project on October 17, 2024, at which time all interested parties had the opportunity to be heard. The Planning City Council/RSA Agenda 386 Tuesday, November 26, 2024
Ordinance No. XXX-24
Zoning Map Amendment for 31300 Alvarado Niles Road
Commission reviewed and considered the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program, and a staff report dated October 17, 2024, incorporated herein by reference, and all written and oral testimony; and WHEREAS, the Planning Commission adopted Resolution No. 11-24, recommending the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program, making all required findings in compliance with the requirements of CEQA; and
WHEREAS, the Planning Commission adopted Resolution No. 12-24 recommending the City Council approve General Plan Amendment AG-24-002, Resolution No. 13-24 recommending the City Council adopt an ordinance for Zoning Map Amendment A-24-002, and Resolution No. 14-24 recommending the City Council approve Use Permit (UP-24-005) and Site Development Review (SD-24-007); and
CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendment at a special meeting on November 19, 2024, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated November 19, 2024 (including background reports), incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. CEQA. The City Council adopted Resolution XXXX-24, dated November 19, 2024,and incorporated herein by reference, adopting a Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program for the project and which reflects the City's independent judgment and analysis, has been completed in compliance with the requirements of the California Environmental Quality Act and, on the basis of the whole record, there is no substantial evidence that the project as mitigated will have a significant effect on the environment.
SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.
1. The City Council adopted Resolution XXXX-24, dated November 19, 2024, and incorporated herein by reference, approving General Plan Amendment (AG-24-002) to redesignate the subject site from Regional Retail Commercial to Retail Commercial on the General Plan Land Use Diagram and update related figures for consistency. The proposed Zoning Map Amendment is consistent with the General Plan designation of Retail Commercial for the subject site; and
2. The proposed Zoning Map Amendment is necessary and desirable to achieve the purposes of Title 18 because the amendment achieves consistency with the General Plan City Council/RSA Agenda 387 Tuesday, November 26, 2024
Ordinance No. XXX-24
Zoning Map Amendment for 31300 Alvarado Niles Road
Land Use Designation of Retail Commercial for the subject site and is supported by the Land Use Element of the General Plan.
SECTION 4. Approval. The City Council hereby approves the amendment to the City’s Official Zoning Map, labeled Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.
SECTION 5. 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 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, 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 and be enforced thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 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 – Zoning Map Amendment
City Council/RSA Agenda 388 Tuesday, November 26, 2024
Attachment 1: Exhibit A
(Zoning Map Amendment)
Existing Zoning Map
-OS
-CN RS 6000
-CUL - RM 2500
N
0 125 250 500 Feet A City Council/RSA Agenda 389 Tuesday, November 26, 2024 -OS -CUL
-CN -CF
-cc RS 6000
0 125 250
Proposed Zoning
Map Amendment
- RM 2500
N
500 Feet ..._____.___...._____.___....______._______, A City Council/RSA Agenda 390 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: WAIVE FURTHER READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF UNION CITY LEVYING SPECIAL TAX WITHIN CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), INCLUDING
CERTAIN ANNEXATION TERRITORY (TURK ISLAND)
EXECUTIVE SUMMARY
Staff recommends that the City Council waive further reading and adopt the attached “Ordinance Of The City Council Of The City Of Union City Levying Special Tax Within City Of Union City Community Facilities District No. 2006-1 (Public Services), Including Certain Annexation Territory (Turk Island)” (Attachment 1).
The City Council held a public hearing and introduced the Ordinance at its November 19, 2024 meeting on a 5-0 vote.
STRATEGIC PLAN ALIGNMENT
The proposed amendment is in alignment with the following:
Goal A. Financial Stability and Sustainability: Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue and cost recovery.
BACKGROUND
On October 8, 2024, the City Council began the process to annex territory, Annexation No. 8 (Turk Island), into Community Facilities District (CFD) No. 2006-1. For more information regarding that action, click here for a link to the City Council agenda item. The property consists of APNs 482-0054-037-00 through 482-0054-071-00 that are proposed to be developed into 33 single-family residential units by Turk Island Ventures, LLC. Annexation of the property into CFD No. 2006-1 is a condition of approval for the development.
City Council/RSA Agenda 391 Tuesday, November 26, 2024
DISCUSSION
On November 19, 2024, the City Council held a public hearing, which is required as part of the proceedings. The City Council did not receive any public comments. The City Council then ordered the annexation of the territory, called for the special election, declared the results and added the Turk Island property into CFD No. 2006-1. The City Council also introduced the attached Ordinance for adoption at this meeting. For more information regarding those actions, click here for a link to the City Council agenda item.
FISCAL IMPACT
Upon successful annexation of the property into CFD 2006-01, beginning with fiscal year 2025/26, the proposed special tax will be levied for all residential units issued a building permit prior to May 1. In fiscal year 2025/26, the annual special tax for Single-Family Units will be $717 per unit, increasing 2% per year. The special tax shall be levied in perpetuity.
RECOMMENDATION
Staff recommends that the City Council adopt the attached “Ordinance Of The City Council Of The City Of Union City Levying Special Tax Within City Of Union City Community Facilities District No. 2006-1 (Public Services), Including Certain Annexation Territory (Turk Island)” (Attachment 1).
Prepared by:
Carmela Campbell, Economic and Community Development Director; Greg Ghironzi, NBS Government Finance Group
Submitted by:
Carmela Campbell, Economic and Community Development Director ATTACHMENTS:
Description Type
Attachment 1 - Ordinance Levying Special Tax - Turk Island Ordinance City Council/RSA Agenda 392 Tuesday, November 26, 2024
ORDINANCE XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY
LEVYING SPECIAL TAX WITHIN CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), INCLUDING
CERTAIN ANNEXATION TERRITORY (TURK ISLAND)
WHEREAS, the City of Union City (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of Union City Community Facilities District No. 2006-1 (Public Services)” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the CFD (the “Rate and Method”) is set forth in Exhibit A to City Council Resolution 3323-07, which was adopted on February 27, 2007 (the “Resolution of Formation”); and WHEREAS, the City has conducted proceedings to annex territory into the CFD and, with respect to such proceedings, following an election of the qualified electors in the territory proposed for annexation (Turk Island) (the “Annexation Territory”), the City Council, on November 19, 2024, adopted its Resolution No. XXXX-24, entitled “A Resolution of the City Council of the City of Union City, California, Making Certain Findings, Certifying the Results of an Election and Adding Property to Community Facilities District No. 2006-1 (Public Services).”
NOW, THEREFORE, BE IT ORDAINED, determined and ordered by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 8 (Turk Island) as follows:
SECTION ONE: By the passage of this Ordinance, pursuant to the Act, the City Council hereby authorizes and levies the Special Tax within the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein. The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2009/10 pursuant to Ordinance No. 685-07, introduced by the City Council on February 27, 2007 and finally adopted by the City Council on March 13, 2007, and the Special Tax is hereby levied commencing in fiscal year 2025/26 in the territory annexed to the CFD, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.
The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2009/10 through 2025/26.
SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, including all territory City Council/RSA Agenda 393 Tuesday, November 26, 2024
Ordinance No. XXX-24
Levying Special Tax Within CFD No. 2006-1 Turk Island
2 annexed to the CFD prior to the date hereof and including the Annexation Territory, in the manner and as provided in the Rate and Method.
SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.
SECTION FOUR: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.
SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Alameda in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Alameda for fiscal year 2025/26 and for each fiscal year thereafter, as set forth in Section One above, until no longer required to pay for the Services or until otherwise terminated by the City.
SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, shall not be affected.
SECTION SEVEN: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.
SECTION EIGHT: This Council affirms the provisions of Ordinance No. 685-07 except to the extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in which case the terms of this Ordinance shall govern.
SECTION NINE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) City Council/RSA Agenda 394 Tuesday, November 26, 2024
Ordinance No. XXX-24
Levying Special Tax Within CFD No. 2006-1 Turk Island
3 days upon passage and adoption in a newspaper of general circulation in the City of Union City, County of Alameda.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 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 395 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: WAIVE FURTHER READING AND ADOPTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF UNION CITY LEVYING SPECIAL TAX WITHIN CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES),
INCLUDING CERTAIN ANNEXATION TERRITORY (FLORENCE STREET)
EXECUTIVE SUMMARY
Staff recommends that the City Council waive further reading and adopt the attached “Ordinance Of The City Council Of The City Of Union City Levying Special Tax Within City Of Union City Community Facilities District No. 2006-1 (Public Services), Including Certain Annexation Territory (Florence Street)” (Attachment 1).
The City Council held a public hearing and introduced the Ordinance at its November 19, 2024 meeting on a 5- 0 vote.
STRATEGIC PLAN ALIGNMENT
The proposed amendment is in alignment with the following:
Goal A. Financial Stability and Sustainability: Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue and cost recovery.
BACKGROUND
On October 8, 2024, the City Council began the process to annex territory, Annexation No. 9 (Florence Street), into Community Facilities District (CFD) No. 2006-1. For more information regarding that action, click here for a link to the City Council agenda item. The property consists of 087-0034-004-00 through 087-0034-009-00 that are proposed to be developed into 6 single-family residential units by individual property owners. Annexation of the property into a CFD is a condition of approval for the development.
City Council/RSA Agenda 396 Tuesday, November 26, 2024
DISCUSSION
On November 19, 2024, the City Council held a public hearing, which is required as part of the proceedings. The City Council did not receive any public comments. The City Council then ordered the annexation of the territory, called for the special election, declared the results and added the Florence Street property into CFD No. 2006-1.
The City Council also introduced the attached Ordinance for adoption at this meeting. For more information regarding those actions, click here for a link to the City Council agenda item.
FISCAL IMPACT
Upon successful annexation of the property into CFD 2006-01, beginning with fiscal year 2025/26, the proposed special tax will be levied for all residential units issued a building permit prior to May 1. In fiscal year 2025/26, the annual special tax for Single-Family Units will be $717 per unit, increasing 2% per year. The special tax shall be levied in perpetuity.
RECOMMENDATION
Staff recommends that the City Council adopt the attached “Ordinance Of The City Council Of The City Of Union City Levying Special Tax Within City Of Union City Community Facilities District No. 2006-1 (Public Services), Including Certain Annexation Territory (Florence Street)” (Attachment 1).
Prepared by:
Carmela Campbell, Economic and Community Development Director; Greg Ghironzi, NBS Government Finance Group
Submitted by:
Carmela Campbell, Economic and Community Development Director ATTACHMENTS:
Description Type
Attachment 1 - Ordinance Levying Special Tax - Florence Street Ordinance City Council/RSA Agenda 397 Tuesday, November 26, 2024
ATTACHMENT 4
ORDINANCE XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY
LEVYING SPECIAL TAX WITHIN CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), INCLUDING
CERTAIN ANNEXATION TERRITORY (FLORENCE STREET)
WHEREAS, the City of Union City (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of Union City Community Facilities District No. 2006-1 (Public Services)” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the CFD (the “Rate and Method”) is set forth in Exhibit A to City Council Resolution 3323-07, which was adopted on February 27, 2007 (the “Resolution of Formation”); and WHEREAS, the City has conducted proceedings to annex territory into the CFD and, with respect to such proceedings, following an election of the qualified electors in the territory proposed for annexation (Florence Street) (the “Annexation Territory”), the City Council, on November 19, 2024, adopted its Resolution No. ______, entitled “A Resolution of the City Council of the City of Union City, California, Making Certain Findings, Certifying the Results of an Election and Adding Property to Community Facilities District No. 2006-1 (Public Services).”
NOW, THEREFORE, BE IT ORDAINED, determined and ordered by the City Council for the City of Union City Community Facilities District No. 2006-1, Annexation No. 9 (Florence Street) as follows:
SECTION ONE: By the passage of this Ordinance, pursuant to the Act, the City Council hereby authorizes and levies the Special Tax within the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein. The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2009/10 pursuant to Ordinance No. 685-07, introduced by the City Council on February 27, 2007 and finally adopted by the City Council on March 13, 2007, and the Special Tax is hereby levied commencing in fiscal year 2025/26 in the territory annexed to the CFD, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.
The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2009/10 through 2025/26.
SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal City Council/RSA Agenda 398 Tuesday, November 26, 2024
Ordinance No. XXX-24
Levying Special Tax CFD No. 2006-1 | Florence Street
year for each parcel of real property within the CFD, including all territory annexed to the CFD prior to the date hereof and including the Annexation Territory, in the manner and as provided in the Rate and Method.
SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.
SECTION FOUR: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.
SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Alameda in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Alameda for fiscal year 2025/26 and for each fiscal year thereafter, as set forth in Section One above, until no longer required to pay for the Services or until otherwise terminated by the City.
SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, shall not be affected.
SECTION SEVEN: The Mayor shall sign this Ordinance, and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.
SECTION EIGHT: This Council affirms the provisions of Ordinance No. 685-07 except to the extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in which case the terms of this Ordinance shall govern.
City Council/RSA Agenda 399 Tuesday, November 26, 2024
Ordinance No. XXX-24
Levying Special Tax CFD No. 2006-1 | Florence Street
SECTION NINE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Union City, County of Alameda.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 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 400 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE CITY'S INVESTMENT POLICY
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving the City’s Investment Policy as recommended by California Government Code Section 5364
STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.
BACKGROUND
While not required, it is recommended and considered a best practice to have the local governing body review and approve the local agency’s Investment Policy on an annual basis. The City Council last approved the City’s Investment Policy on July 26, 2022.
DISCUSSION
California Government Code Section 53646 (a)(2) states, “In the case of any other local agency, the treasurer or chief fiscal officer of the local agency may annually render to the legislative body of that local agency and any oversight committee of that local agency a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting. Any change in the policy shall also be considered by the legislative body of the local agency at a public meeting.” The City’s Investment Policy sets forth the City’s investment objectives, risk preferences, authorized investments and other investment-related priorities. A thoughtful and comprehensive investment policy not only provides a level of accountability for investment officials, but it also promotes public trust in investment decisions. Developing, reviewing and monitoring the City’s Investment Policy serves as an important tool of communication between the investment official, City management and the City Council.
The changes being proposed to the City’s Investment Policy are to bring it into conformance with California Government Code Section 53601 regarding permitted investments, and to state that quarterly reports, rather than monthly reports, will be provided to the City Council. Other changes are just grammatical-type edits.
Lastly, for the City Council’s information, below is a summary of the City’s investment portfolio as of October 31, 2024.
City Council/RSA Agenda 401 Tuesday, November 26, 2024
FISCAL IMPACT
There is no fiscal impact related to approving the City’s Investment Policy.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the City’s Investment Policy as recommended by California Government Code Section 53646.
Prepared by:
Jackie Acosta, Finance Director
Submitted by:
Jackie Acosta, Finance Director
ATTACHMENTS:
Description Type
Draft Resolution Resolution
Investment Policy (Clean) Exhibit
Investment Policy (Redlined) Attachment
PowerPoint Presentation - Item 7.1 Attachment
Public Comment - Picazo, Michael Garcia Attachment
City Council/RSA Agenda 402 Tuesday, November 26, 2024
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UNION CITY APPROVING THE CITY OF UNION
CITY’S INVESTMENT POLICY
WHEREAS, Government Code Section 53646 recommends that public agencies have their investment policy reviewed and approved annually by the local governing body at a public meeting; and
WHEREAS, Government Code Section 53646 also states that any change in the investment policy shall be considered by the governing body of the local agency at a public meeting; and
WHEREAS, the last time the City Council approved the City’s Investment Policy was July 26, 2022; and
WHEREAS, the changes being proposed to the City’s Investment Policy are to bring it into conformance with California Government Code Section 53601 regarding permitted investments, and to state that quarterly reports, rather than monthly reports, will be provided to the City Council. Other changes are just grammatical-type edits.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the City’s Investment Policy, attached hereto as Exhibit A.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 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 – Union City Investment Policy
City Council/RSA Agenda 403 Tuesday, November 26, 2024
Exhibit A
CITY OF UNION CITY
INVESTMENT POLICY
Effective Date: January 1, 2025
Policy Statement
Under authority granted by the City Council, the Finance Director is responsible for investing the surplus funds of the City. The intent of this Investment Policy is to formalize the framework for the investment activities that shall be exercised to ensure the effective and judicious fiscal and investment management of the City’s funds. The City’s portfolio shall be designed and managed in a manner that will provide a market rate of return consistent with the public trust and the prioritized objectives of safety, liquidity and yield.
Governing Authority
The City’s investment program shall be managed in conformance with federal, state and other legal requirements, including California Government Code (Government Code) Sections 16429.1 through 16429.4, and 53600 through 53686 (“State Law”). This Investment Policy is endorsed and adopted by the City Council with an effective date as indicated above. This Investment Policy shall replace all previous versions.
Scope
This Investment Policy applies to all financial assets of the City as accounted for in the annual comprehensive financial statements. Policy statements outlined in this Policy focus on the City' s pooled surplus funds but will also apply to all other funds under the Finance Director’s span of control unless specifically exempted by resolution.
Proceeds arising from the issuance of debt shall be invested in accordance with the provisions of their governing bond documents and in a manner consistent with the City’s general investment philosophy as outlined in this Investment Policy. Retirement, pension funds, deferred compensation funds, and funds invested in irrevocable trusts dedicated to future payment of retirement and post-employment benefit obligations (“IRS Code Section 115 Trusts”) are also not governed by this Investment Policy, but rather by the policies, trust documents, and federal or State statutes explicitly applicable to such funds.
City Council/RSA Agenda 404 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
Objectives
The prioritized objectives of the City’s investment program are to: 1) preserve principal (Safety), 2) ensure sufficient liquidity to meet operational and capital needs (Liquidity), and 3) generate a market rate of return (Return), as described below.
Safety
Safety or preservation of principal is the foremost objective of the investment program.
Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio and to mitigate credit risk (the risk of loss due to the failure of the security issuer or backer) and market risk (the risk that the market value of securities in the portfolio will fall due to changes in general interest rates).
Liquidity
An adequate percentage of the portfolio should be maintained in liquid short-term securities which can be converted to cash, if necessary, to meet disbursement requirements that might be reasonably anticipated. Since all possible cash demands cannot be anticipated, the portfolio will consist largely of securities with active secondary or resale markets. A portion of the portfolio may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds.
Yield or Return on Investment
The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City' s investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of the investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity, except under the following circumstances:
• Liquidity needs requires that the security be sold;
• A security with declining credit may be sold at the first notice of downgrading to minimize the loss of principal;
• A security swap that will improve the quality yield, or target duration in the portfolio.
Managing Portfolio and Investment Risks
Safety of principal is the foremost investment objective of the City. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker/dealer default, or erosion of market value. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. In a diversified portfolio, it must be recognized that occasional measured losses are inevitable and must be considered within the context of the overall portfolio’s investment return, provided that adequate diversification has City Council/RSA Agenda 405 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
been implemented. The City shall seek to preserve principal by mitigating credit risk and market risk as set forth below.
Mitigating Credit Risk
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuerto repay its debt. The City shall seek to mitigate credit risk by adopting the following strategies:
• Adhering to the diversification requirements set forth in the Authorized Securities and Transactions section of this policy which limit the amount of the total portfolio that may be invested in any single issuer.
• Utilizing an active management strategy that allows for the sale of securities prior to their scheduled maturity dates for purposes of improving the portfolio’s credit quality, liquidity, or yield in response to changing market conditions or City circumstances. • Reviewing downgraded securities. Should the credit rating of a security owned by the City be downgraded to a level below that required by this Investment Policy, the City will review the credit situation and determine if such securities should be sold or retained in the portfolio based upon its remaining term to maturity, the credit outlook for the issuer, and other relevant facts and circumstances.
• Monitoring any downgraded securities. If the decision is made to retain a downgraded security, it will be closely monitored by the City and reported on quarterly to the City Council.
Mitigating Market Risk
Market risk is the risk that the value of a security or portfolio will fluctuate due to changes in the general level of interest rates. The City understands that while longer-term portfolios have the potential to generate higher investment returns over time, they also exhibit a greater volatility of return. In addition, the City further recognizes certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded call options, will affect the market risk characteristics of the portfolio differently. Accordingly, the City will mitigate market risk by adopting the following strategies:
• The City shall maintain sufficient balances in short-term investments to provide liquidity for expected and contingent expenditures.
• Liquidity funds shall be maintained in short-term investments such as LAIF, deposit accounts collateralized in accordance with State Law, and money market funds and instruments with minimal market risk.
• Longer-term securities shall be scheduled to mature in advance of known expenditure requirements whenever possible.
• The City shall avoid the purchase of securities for the sole purpose of short-term speculation.
• The maximum stated final maturity of any security in the portfolio shall be five years, except as otherwise stated in this Investment Policy.
• At least 10% of the portfolio must be invested in securities that mature in less than 1 year.
City Council/RSA Agenda 406 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
• The maximum percentage of callable securities (excluding securities with “make whole” call provisions) held in the portfolio shall be 30%.
• The weighted average duration of the actively managed portion of the portfolio, i.e. non liquidity funds, shall be calculated and maintained at a rate based upon the City’s risk tolerances and investment objectives.
Standard of Care
The standard of prudence to be used by City investment officials shall be the “Prudent Investor Standard” and shall be applied in the context of managing the overall portfolio. As set forth in California Government Code Section 53600.3, the Prudent Investor Standard states:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.
Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.” Consistent with the objectives set forth in this Investment Policy, in addition to safeguarding invested principal and ensuring sufficient liquidity for the City, a prudent investor should also seek to optimize return or yield subject to these constraints.
Ethics and Conflicts of Interest
Investment officials involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program or could impair or create the appearance of an impairment of their ability to make impartial investment decisions.
Employees and investment officials shall disclose to the City Manager any business interests they have in financial institutions that conduct business with the City and they shall subordinate their personal investment transactions to those of the City. The Finance Director and his/her designee shall file a Statement of Economic Interests each year pursuant to California Government Code Section 87203 and regulations of the Fair Political Practices Commission.
City Council/RSA Agenda 407 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
Delegation of Authority
The management responsibility for the City' s investment program is delegated to the Finance Director. The Finance Director, or his/her designee, shall participate in or conduct investment transactions and manage the operation of the investment portfolio. No person may engage in an investment transaction unless so authorized under the terms of this Investment Policy.
The Finance Director shall develop written administrative procedures and internal controls, consistent with this Investment Policy, for the operation of the City's investment program. Such procedures shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, or imprudent actions by employees of the City.
The City may engage the support services of one or more outside investment advisers in regard to its investment program, so long as it can be clearly demonstrated that these services produce a net financial advantage or necessary financial protection of the City' s financial resources. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940.
Authorized Securities and Transactions
All investments and deposits of the City shall be made in accordance with State Law. Any revisions or extensions of applicable code sections in State Law will be assumed to be part of the Investment Policy immediately upon being enacted.
Authorized investments may include:
Investment Type
Maximum
Maturity at
Time of
Purchase
Maximum
Specified
% of Portfolio
at
Time of
Purchase Minimum Quality Requirements
Municipal bonds and
Obligations 5 years 30% ”A” credit rating or higher at time of purchase US Treasury obligations 5 years None None
Federal agency obligations 5 years None None
State of California
bonds and obligations 5 years None None
Bankers’ acceptances
180 days 40%1
”A1” credit rating or higher at time of purchase;
if the issuer has issued long-term debt, it must
be rated “A” without regard to modifiers
1 No more than 10% of the surplus funds may be in Bankers’ acceptances of any one commercial bank.
City Council/RSA Agenda 408 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
Investment Type
Maximum
Maturity at
Time of
Purchase
Maximum
Specified
% of Portfolio
at
Time of
Purchase Minimum Quality Requirements
Commercial paper
270 days
25% of the
agency’s
money2
“A-1” credit rating or higher at time of
purchase; if the issuer hasissued long-term
debt, it must be rated “A” without regard to
Modifiers
Negotiable certificates of
deposit 5 years 30% None
All other bank/time
deposits3 5 years None None
Repurchase agreements 1 year None4 None
Reverse repurchase
agreements and securities
lending agreements
92 days 20% None5
Medium-term corporate
notes
5 years 30% A rating6
Mutual funds N/A 20%7 Multiple8
Money market mutual
funds N/A 20% Multiple9
Collateralized bank deposits 5 years None None
Local government
investment pools N/A None None
State of California Local
Agency Investment Fund
(LAIF)
N/A None None
Mortgage or AssetBacked Securities
(ABS)10
5 years or less
measured on
a weighted
average life
(WAL) basis
20%
“AA” credit rating or its equivalent or better
by a Nationally Recognized Statistical Rating
Organization (“NRSRO”)
Supranational
Obligations11
5 years 30% “AA” credit rating or its equivalent or better by a NRSRO
Joint Powers Authority
Pools12 N/A None Multiple13
2 Commercial paper issuers must be U.S. corporations with total assets in excess of $500 million. Purchases may not represent more than 10% of the outstanding paper of the issuing corporation. 3 This category may also include federally insured time deposits, collateralized time deposits, and certificate of deposit placement services (CDARS). 4 The collateralization level required for repurchase agreements will be 102% of market value of principal and accrued interest. The City must have a Master Repurchase Agreement signed with the bank or dealer. 5 Reverse repurchase agreements must be made with primary dealers of the Federal Reserve Bank of New York and the securities used for the agreements must have been held by the issuer for at least 30 days. 6 “A” or equivalent rating by at least one NRSRO. Split-rated corporate bonds are permissible, meaning an investable bond can be rated “A” by one rating agency and “BBB” by another. 7
No more than 10% of the City’s surplusfunds may be invested in any one mutual fund. 8 Must receive the highest ranking by two NRSROs or the fund must retain an investment adviser who isregistered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least City Council/RSA Agenda 409 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
5 years of experience investing in instruments authorized by California Government Code Sections 53601 and 53635.
9 Must receive the highest ranking by two NRSROs or the fund must retain an investment adviser who isregistered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least 5 years of experience managing money market funds. 10 Investments include mortgage pass-through securities, collateralized mortgage obligations, mortgage-backed or other pay-through bonds, equipment lease-backed certificates, consumer receivable pass-through certificates, or consumer receivable-backed bonds. 11United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, and eligible for purchase and sale within the United States. 12 Shares of beneficial interest issued by a joint powers authority organized pursuant to California Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. 13 To be eligible under this section, the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: a) The adviser is registered or exempt from registration with the Securities and Exchange Commission; b) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q) California Government Code Section 53601, inclusive, and c) The adviser has assets under management in excess of $500 million.
It is the intent of the City that the foregoing list of authorized securities and transactions is strictly interpreted. However, any investment that subsequently fails to meet the requirements listed in the table above may be held to maturity if, in the opinion of the Finance Director, it is in the City's best interest to do so. If the decision is made to retain such a security, it will be closely monitored by the Finance Director and reported to the City Council on a monthly basis. When the investment matures or is liquidated, the proceeds shall be reinvested only as provided by this Investment Policy.
Under Resolution No. 3262-06, dated October 16, 2006, the City Council authorized the use of any portion of the City's pooled cash to fund the Employee Housing Assistance Program. Home loans approved under this program shall be secured by a Deed of Trust and shall bear a variable rate of interest at the same rate as City funds deposited with the Local Agency Investment Fund (LAIF).
Prohibited Investments and Practices
Provided below are certain prohibited investments and investment practices intended to help safeguard invested balances:
• Investments not specifically described as Authorized Securities and Transactions in this Policy are prohibited.
• In accordance with California Government Code Section 53601.6, investments in inverse floaters, range notes, mortgage-derived interest-only strips, and any security that could result in zero interest accrual if held to maturity are prohibited. • The purchase or sale of securities on margin is prohibited. • The purchase of securities denominated in foreign currencies is prohibited. • The purchase or sale of securities done solely to speculate on the direction of future interest rates is prohibited.
City Council/RSA Agenda 410 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, any such monies shall be reinvested only as provided for in this Policy.
Portfolio Maturities and Liquidities
To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. At least 10% of the portfolio must be invested in securities that mature in less than one year and the City will not invest in securities maturing more than five years from the date of purchase. Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding five years if the maturities are made to coincide as nearly as practical with the expected use of funds, and the City Council has, by resolution, granted authority to make such an investment.
Portfolio Performance
The investment portfolio shall be designed to attain a market rate ofreturn throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities and cash flow requirements. The performance of the City' s investments shall be compared to the average yield on the Local Agency Investment Fund, assuming the State does not adversely affect LAIF's returns due to budget constraints.
Selection of Brokers/Dealers
The Finance Director shall maintain a list of broker/dealers approved for investment purposes and it shall be the policy of the City to purchase securities only from those authorized firms. These may include “primary” dealers orregional dealers that qualify underthe Securities and Exchange Commission (“SEC”) Rule 15c3-1 (uniform net capital rule).
Institutions eligible to transact investment business with the City must be licensed by the State of California as a broker/dealer as defined in Section 25004 of the California Corporations Code and may include:
• Primary Government Dealers as designated by the Federal Reserve Bank; • Regional broker/dealers qualified under SEC Rule 15c3-1; • National or state-chartered banks;
• The Federal Reserve Bank; or
• Direct issuers of securities eligible for purchase.
Each authorized broker/dealer shall be required to submit and periodically update a Cityapproved Broker/Dealer Information Request form that includes the firm's most recent financial statements. The Finance Director shall maintain a list of the broker/dealers that have been approved by the City, along with each firm's mostrecent broker/dealerInformation Request form.
Each broker/dealer shall receive a copy of the Investment Policy and a list of those authorized to execute investment transactions. Each firm must acknowledge receipt of such materials to qualify City Council/RSA Agenda 411 Tuesday, November 26, 2024 for the approved list of broker/dealers.
City of Union City
Investment Policy
Dated: January 1, 2025
The City may purchase commercial paper from direct issuers even though they are not on the approved broker/dealerlist as long as the investment meets the criteria set forth in the Authorized Securities and Transactions section of this Investment Policy.
Selection of Banks
The Finance Director shall maintain a list of banks approved to provide depository and other banking services for the City. To be eligible, a bank must be a member of the Federal Deposit Insurance Corporation (FDIC), must qualify as a depository of public funds in the State of California, as defined in California Government Code Section 53630. 5, and shall secure deposits in excess of FDIC insurance coverage in accordance with California Government Code Section 53652.
Safekeeping and Custody
Third-Party Safekeeping
To protect against fraud, embezzlement, or losses caused by the collapse of an individual securities dealer and to enhance access to securities and interest payments, all securities owned by the City shall be held in safekeeping by a third-party bank trust department acting as agent for the City under the terms of a duly executed custody agreement. In connection with the City’s annual independent audit, securities held in custody are audited to verify investment holdings.
All exceptions to this safekeeping policy must be approved by the Finance Director in written form and be included in the quarterly reporting to the City Council.
Delivery-Versus-Payment
All trades of marketable securities shall be cleared and settled on a standard delivery-versuspayment (“DVP”) basis to ensure that securities are deposited in the City’s safekeeping account prior to the release of funds.
Internal Controls
The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgments by management.
Accordingly, the Finance Director shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal control shall address the following points:
• Control of collusion;
• Separation of transaction authority from accounting and recordkeeping; • Custodial safekeeping; City Council/RSA Agenda 412 Tuesday, November 26, 2024 City of Union City
Investment Policy
Dated: January 1, 2025
• Avoidance of physical delivery of securities;
• Clear delegation of authority to subordinate staff members; • Written confirmation of transactions for investment and wire transactions; and • Development of a wire transfer agreement with the lead bank and third-party custodian.
Reporting
The Finance Director shall submit investmentreports quarterly to the City Council which should include a list of the portfolio’s holdings by investment asset class, name of institution, purchase date, maturity date, call date, par value, amount of deposit or cost of security, amortized book value, current market value of securities, coupon and effective yield. In addition, the report will indicate the portfolio’s duration, total weighted average maturity and yield. The report will be signed and mandated in compliance with California Government Code Sections 53607 and 53646.
Investment Earnings
With the exception of monies held in certain restricted and special funds, the City commingles its investable assets to maximize interest earnings and to increase efficiencies with respect to investment pricing, safekeeping, and administration. Investment income will be allocated to the various funds based on their respective percentage of participation in the total fund and in accordance with generally accepted accounting principles and State Law.
Policy Review
The City of Union City's Investment Policy shall be adopted by City Council resolution. It shall be reviewed at least annually by the Finance Director to ensure its consistency with the City's overall investment objectives and its relevance to current law and economic trends. The Investment Policy, including any recommended amendments, shall be submitted to City Council annually for approval and adoption by resolution.
City Council/RSA Agenda 413 Tuesday, November 26, 2024
Exhibit A
CITY OF UNION CITY
INVESTMENT POLICY
Effective Date: January 1, 2025
Policy Statement
Under authority granted by the City Council, the Finance Director is responsible for investing the surplus funds of the City. The intent of this Investment Policy is to formalize the framework for the investment activities that shall be exercised to ensure the effective and judicious fiscal and investment management of the City’s funds. The City’s portfolio shall be designed and managed in a manner that will provide a market rate of return consistent with the public trust and the prioritized objectives of safety, liquidity and yield.
Governing Authority
The City’s investment program shall be managed in conformance with federal, state and other legal requirements, including California Government Code (Government Code) Sections 16429.1 through 16429.4, and 53600 through 53686 (“State Law”). This Investment Policy is endorsed and adopted by the City Council with an effective date as indicated above. This Investment Policy shall replace all previous versions.
Scope
This Investment Policy applies to all financial assets of the City as accounted for in the annual comprehensive financial statements. Policy statements outlined in this Policy focus on the City' s pooled surplus funds but will also apply to all other funds under the Finance Director’s span of control unless specifically exempted by resolution.
Proceeds arising from the issuance of debt shall be invested in accordance with the provisions of their governing bond documents and in a manner consistent with the City’s general investment philosophy as outlined in this Investment Policy. Retirement, pension funds, deferred compensation funds, and funds invested in irrevocable trusts dedicated to future payment of retirement and post-employment benefit obligations (“IRS Code Section 115 Trusts”) are also not governed by this Investment Policy, but rather by the policies, trust documents, and federal or State statutes explicitly applicable to such funds.
City Council/RSA Agenda 414 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
Objectives
The prioritized objectives of the City’s investment program are to: 1) preserve principal (Safety), 2) ensure sufficient liquidity to meet operational and capital needs (Liquidity), and 3) generate a market rate of return (Return), as described below.
Safety
Safety or preservation of principal is the foremost objective of the investment program.
Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio and to mitigate credit risk (the risk of loss due to the failure of the security issuer or backer) and market risk (the risk that the market value of securities in the portfolio will fall due to changes in general interest rates).
Liquidity
An adequate percentage of the portfolio should be maintained in liquid short-term securities which can be converted to cash, if necessary, to meet disbursement requirements that might be reasonably anticipated. Since all possible cash demands cannot be anticipated, the portfolio will consist largely of securities with active secondary or resale markets. A portion of the portfolio may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds.
Yield or Return on Investment
The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City' s investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of the investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity, except under the following circumstances:
Liquidity needs requires that the security be sold;
A security with declining credit may be sold at the first notice of downgrading to minimize the loss of principal;
A security swap that will improve the quality yield, or target duration in the portfolio.
Managing Portfolio and Investment Risks
Safety of principal is the foremost investment objective of the City. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker/dealer default, or erosion of market value. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. In a diversified portfolio, it must be recognized that occasional measured losses are inevitable and must be considered within the context of the overall portfolio’s investment return, provided that adequate diversification has City Council/RSA Agenda 415 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
been implemented. The City shall seek to preserve principal by mitigating credit risk and market risk as set forth below.
Mitigating Credit Risk
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City shall seek to mitigate credit risk by adopting the following strategies:
Adhering to the diversification requirements set forth in the Authorized Securities and Transactions section of this policy which limit the amount of the total portfolio that may be invested in any single issuer.
Utilizing an active management strategy that allows for the sale of securities prior to their scheduled maturity dates for purposes of improving the portfolio’s credit quality, liquidity, or yield in response to changing market conditions or City circumstances. Reviewing downgraded securities. Should the credit rating of a security owned by the City be downgraded to a level below thatrequired by this Investment Policy, the City will review the credit situation and determine if such securities should be sold or retained in the portfolio based upon its remaining term to maturity, the credit outlook for the issuer, and other relevant facts and circumstances.
Monitoring any downgraded securities. If the decision is made to retain a downgraded security, it will be closely monitored by the City and reported on quarterly to the City Council.
Mitigating Market Risk
Market risk is the risk that the value of a security or portfolio will fluctuate due to changes in the general level of interest rates. The City understands that while longer-term portfolios have the potential to generate higher investment returns over time, they also exhibit a greater volatility of return. In addition, the City further recognizes certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded call options, will affect the market risk characteristics of the portfolio differently. Accordingly, the City will mitigate market risk by adopting the following strategies:
The City shall maintain sufficient balances in short-term investments to provide liquidity for expected and contingent expenditures.
Liquidity funds shall be maintained in short-term investments such as LAIF, deposit accounts collateralized in accordance with State Law, and money market funds and instruments with minimal market risk.
Longer-term securities shall be scheduled to mature in advance of known expenditure requirements whenever possible.
The City shall avoid the purchase of securities for the sole purpose of short-term speculation.
The maximum stated final maturity of any security in the portfolio shall be five years, except as otherwise stated in this Investment Policy.
At least 10% of the portfolio must be invested in securities that mature in less than 1 year.
City Council/RSA Agenda 416 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
The maximum percentage of callable securities (excluding securities with “make whole” call provisions) held in the portfolio shall be 30%.
The weighted average duration of the actively managed portion of the portfolio, i.e. non liquidity funds, shall be calculated and maintained at a rate based upon the City’s risk tolerances and investment objectives.
Standard of Care
The standard of prudence to be used by City investment officials shall be the “Prudent Investor Standard” and shall be applied in the context of managing the overall portfolio. As set forth in California Government Code Section 53600.3, the Prudent Investor Standard states:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.
Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.” Consistent with the objectives set forth in this Investment Policy, in addition to safeguarding invested principal and ensuring sufficient liquidity for the City, a prudent investor should also seek to optimize return or yield subject to these constraints.
Ethics and Conflicts of Interest
Investment officials involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program or could impair or create the appearance of an impairment of their ability to make impartial investment decisions.
Employees and investment officials shall disclose to the City Manager any business interests they have in financial institutions that conduct business with the City and they shall subordinate their personal investment transactions to those of the City. The Finance Director and his/her designee shall file a Statement of Economic Interests each year pursuant to California Government Code Section 87203 and regulations of the Fair Political Practices Commission.
City Council/RSA Agenda 417 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
Delegation of Authority
The management responsibility for the City' s investment program is delegated to the Finance Director. The Finance Director, or his/her designee, shall participate in or conduct investment transactions and manage the operation of the investment portfolio. No person may engage in an investment transaction unless so authorized under the terms of this Investment Policy.
The Finance Director shall develop written administrative procedures and internal controls, consistent with this Investment Policy, for the operation of the City's investment program. Such procedures shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, or imprudent actions by employees of the City.
The City may engage the support services of one or more outside investment advisers in regard to its investment program, so long as it can be clearly demonstrated that these services produce a net financial advantage or necessary financial protection of the City' s financial resources. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940.
Authorized Securities and Transactions
All investments and deposits of the City shall be made in accordance with State Law. Any revisions or extensions of applicable code sections in State Law will be assumed to be part of the Investment Policy immediately upon being enacted.
Authorized investments may include:
Investment Type
Maximum
Maturity at
Time of
Purchase
Maximum
Specified
% of Portfolio
at
Time of
Purchase Minimum Quality Requirements
Municipal bonds and
obligations 5 years 30% ”A” credit rating or higher at time of purchase US Treasury obligations 5 years None None
Federal agency obligations 5 years None None
State of California
bonds and obligations 5 years None None
Bankers’ acceptances
180 days 40%1
”A1” credit rating or higher at time of purchase;
if the issuer has issued long-term debt, it must
be rated “A” without regard to modifiers
1 No more than 10% of the surplus funds may be in Bankers’ acceptances of any one commercial bank.
City Council/RSA Agenda 418 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
Investment Type
Maximum
Maturity at
Time of
Purchase
Maximum
Specified
% of Portfolio
at
Time of
Purchase Minimum Quality Requirements
Commercial paper
270 days
25% of the
agency’s
money2
“A-1” credit rating or higher at time of
purchase; if the issuer hasissued long-term
debt, it must be rated “A” without regard to
modifiers
Negotiable certificates of
deposit 5 years 30% None
All other bank/time
deposits3 5 years None None
Repurchase agreements 1 year None4 None
Reverse repurchase
agreements and securities
lending agreements
92 days 20% None5
Medium-term corporate
notes
5 years 30% A rating6
Mutual funds N/A 20%7 Multiple8
Money market mutual
funds N/A 20% Multiple9
Collateralized bank deposits 5 years None None
Local government
investment pools N/A None None
State of California Local
Agency Investment Fund
(LAIF)
N/A None None
Mortgage or AssetBacked Securities
(ABS)10
5 years or less
measured on
a weighted
average life
(WAL) basis
20%
“AA” credit rating or its equivalent or better
by a Nationally Recognized Statistical Rating
Organization (“NRSRO”)
Supranational
Obligations11
5 years 30% “AA” credit rating or its equivalent or better by a NRSRO
Joint Powers Authority
Pools12 N/A None Multiple13
2 Commercial paper issuers must be U.S. corporations with total assets in excess of $500 million. Purchases may not represent more than 10% of the outstanding paper of the issuing corporation. 3 This category may also include federally insured time deposits, collateralized time deposits, and certificate of deposit placement services (CDARS).
4 The collateralization level required for repurchase agreements will be 102% of market value of principal and accrued interest. The City must have a Master Repurchase Agreement signed with the bank or dealer. 5 Reverse repurchase agreements must be made with primary dealers of the Federal Reserve Bank of New York and the securities used for the agreements must have been held by the issuer for at least 30 days. 6 City Council/RSA Agenda 419 Tuesday, November 26, 2024 “A” or equivalent rating by at least one NRSRO. Split-rated corporate bonds are permissible, meaning an investable bond can be City of Union City
Investment Policy
Dated: January 1, 2025
rated “A” by one rating agency and “BBB” by another.
7No more than 10% of the City’s surplus funds may be invested in any one mutual fund. 8 Must receive the highest ranking by two NRSROs or the fund must retain an investment adviser who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least 5 years of experience investing in instruments authorized by California Government Code Sections 53601 and 53635.
9 Must receive the highest ranking by two NRSROs or the fund must retain an investment adviser who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least 5 years of experience managing money market funds.
10 Investments include mortgage pass-through securities, collateralized mortgage obligations, mortgage-backed or other pay-through bonds, equipment lease-backed certificates, consumer receivable pass-through certificates, or consumer receivable-backed bonds.
11United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, and eligible for purchase and sale within the United States. 12 Shares of beneficial interest issued by a joint powers authority organized pursuant to California Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. 13 To be eligible under this section, the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: a) The adviser is registered or exempt from registration with the Securities and Exchange Commission; b) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q) California Government Code Section 53601, inclusive, and c) The adviser has assets under management in excess of $500 million.
City Council/RSA Agenda 420 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
It is the intent of the City that the foregoing list of authorized securities and transactions is strictly interpreted. However, any investment that subsequently fails to meet the requirements listed in the table above may be held to maturity if, in the opinion of the Finance Director, it is in the City's best interest to do so. If the decision is made to retain such a security, it will be closely monitored by the Finance Director and reported to the City Council on a monthly basis. When the investment matures or is liquidated, the proceeds shall be reinvested only as provided by this Investment Policy.
Under Resolution No. 3262-06, dated October 16, 2006, the City Council authorized the use of any portion of the City's pooled cash to fund the Employee Housing Assistance Program. Home loans approved under this program shall be secured by a Deed of Trust and shall bear a variable rate of interest at the same rate as City funds deposited with the Local Agency Investment Fund (LAIF).
Prohibited Investments and Practices
Provided below are certain prohibited investments and investment practices intended to help safeguard invested balances:
Investments not specifically described as Authorized Securities and Transactions in this Policy are prohibited.
In accordance with California Government Code Section 53601.6, investments in inverse floaters, range notes, mortgage-derived interest-only strips, and any security that could result in zero interest accrual if held to maturity are prohibited. The purchase or sale of securities on margin is prohibited. The purchase of securities denominated in foreign currencies is prohibited. The purchase or sale of securities done solely to speculate on the direction of future interest rates is prohibited.
Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, any such monies shall be reinvested only as provided for in this Policy.
Portfolio Maturities and Liquidities
To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. At least 10% of the portfolio must be invested in securities that mature in less than one year and the City will not invest in securities maturing more than five years from the date of purchase. Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding five years if the maturities are made to coincide as nearly as practical with
City Council/RSA Agenda 421 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
the expected use of funds, and the City Council has, by resolution, granted authority to make such an investment.
Portfolio Performance
The investment portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities and cash flow requirements. The performance of the City' s investments shall be compared to the average yield on the Local Agency Investment Fund, assuming the State does not adversely affect LAIF's returns due to budget constraints.
Selection of Brokers/Dealers
The Finance Director shall maintain a list of broker/dealers approved for investment purposes and it shall be the policy of the City to purchase securities only from those authorized firms. These may include “primary” dealers orregional dealers that qualify under the Securities and Exchange Commission (“SEC”) Rule 15c3-1 (uniform net capital rule).
Institutions eligible to transact investment business with the City must be licensed by the State of California as a broker/dealer as defined in Section 25004 of the California Corporations Code and may include:
Primary Government Dealers as designated by the Federal Reserve Bank; Regional broker/dealers qualified under SEC Rule 15c3-1; National or state-chartered banks;
The Federal Reserve Bank; or
Direct issuers of securities eligible for purchase.
Each authorized broker/dealer shall be required to submit and periodically update a Cityapproved Broker/Dealer Information Request form that includes the firm's most recent financial statements. The Finance Director shall maintain a list of the broker/dealers that have been approved by the City, along with each firm's mostrecent broker/dealerInformation Request form.
Each broker/dealer shall receive a copy of the Investment Policy and a list of those authorized to execute investment transactions. Each firm must acknowledge receipt of such materials to qualify for the approved list of broker/dealers.
The City may purchase commercial paper from direct issuers even though they are not on the approved broker/dealerlist as long as the investment meets the criteria set forth in the Authorized Securities and Transactions section of this Investment Policy.
City Council/RSA Agenda 422 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
Selection of Banks
The Finance Director shall maintain a list of banks approved to provide depository and other banking services for the City. To be eligible, a bank must be a member of the Federal Deposit Insurance Corporation (FDIC), must qualify as a depository of public funds in the State of California, as defined in California Government Code Section 53630. 5, and shall secure deposits in excess of FDIC insurance coverage in accordance with California Government Code Section 53652.
Safekeeping and Custody
Third-Party Safekeeping
To protect against fraud, embezzlement, or losses caused by the collapse of an individual securities dealer and to enhance access to securities and interest payments, all securities owned by the City shall be held in safekeeping by a third-party bank trust department acting as agent for the City under the terms of a duly executed custody agreement. In connection with the City’s annual independent audit, securities held in custody are audited to verify investment holdings.
All exceptions to this safekeeping policy must be approved by the Finance Director in written form and be included in the quarterly reporting to the City Council.
Delivery-Versus-Payment
All trades of marketable securities shall be cleared and settled on a standard delivery-versuspayment (“DVP”) basis to ensure that securities are deposited in the City’s safekeeping account prior to the release of funds.
Internal Controls
The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgments by management.
Accordingly, the Finance Director shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal control shall address the following points:
Control of collusion;
Separation of transaction authority from accounting and recordkeeping; Custodial safekeeping;
Avoidance of physical delivery of securities;
Clear delegation of authority to subordinate staff members; City Council/RSA Agenda 423 Tuesday, November 26, 2024
City of Union City
Investment Policy
Dated: January 1, 2025
Written confirmation of transactions for investment and wire transactions; and Development of a wire transfer agreement with the lead bank and third-party custodian.
Reporting
The Finance Director shall submit investment reports quarterly to the City Council which should include a list of the portfolio’s holdings by investment asset class, name of institution, purchase date, maturity date, call date, par value, amount of deposit or cost of security, amortized book value, current market value of securities, coupon and effective yield. In addition, the report will indicate the portfolio’s duration, total weighted average maturity and yield. The report will be signed and mandated in compliance with California Government Code Sections 53607 and 53646.
Investment Earnings
With the exception of monies held in certain restricted and special funds, the City commingles its investable assets to maximize interest earnings and to increase efficiencies with respect to investment pricing, safekeeping, and administration. Investment income will be allocated to the various funds based on their respective percentage of participation in the total fund and in accordance with generally accepted accounting principles and State Law.
Policy Review
The City of Union City's Investment Policy shall be adopted by City Council resolution. It shall be reviewed at least annually by the Finance Director to ensure its consistency with the City's overall investment objectives and its relevance to current law and economic trends. The Investment Policy, including any recommended amendments, shall be submitted to City Council annually for approval and adoption by resolution.
City Council/RSA Agenda 424 Tuesday, November 26, 2024
Approval of the City’s Investment Policy
November 26, 2024
City Council/RSA Agenda 425 Tuesday, November 26, 2024
2 Updates to the City’s Investment Policy
• While not required, it is recommended and considered
best practice to have the local governing body review and approve the local agency’s investment policy on an annual basis.
City Council/RSA Agenda 426 Tuesday, November 26, 2024
3 Updates to the City’s Investment Policy
• The City’s investment policy sets forth the City’s
investment objectives, risk preferences, authorized investments and other investment-related priorities.
City Council/RSA Agenda 427 Tuesday, November 26, 2024
4 Updates to the City’s Investment Policy
• The prioritized objectives of the City’s investment
program are:
1. Safety – to preserve principal2. Liquidity – to ensure that funds are available to meet our operational and capital needs
3. Return – to generate a market rate of return
City Council/RSA Agenda 428 Tuesday, November 26, 2024
5 Updates to the City’s Investment Policy
• Proposed updates to the policy:
• Replace the statement regarding the weighted average maturity of the portfolio with a statement requiring that at least 10% of the portfolio must be invested in securities that mature in less than one year. This will allow us more flexibility in our investment strategy. • Update the chart in the Section entitled “Authorized Securities and Transactions” to accurately summarize the allowed investments per CA Government Code Section 53601.
City Council/RSA Agenda 429 Tuesday, November 26, 2024
6 Updates to the City’s Investment Policy
• Proposed updates to the policy (Cont.):
• Change the timeline for submitting investment reports to the City Council from monthly to quarterly.
• Non-substantive corrections to spelling and/or grammatical errors.
City Council/RSA Agenda 430 Tuesday, November 26, 2024
7 Updates to the City’s Investment Policy
Authorized Securities and Transactions:
Investments not included in this list (in Government Code Section 53601) are specifically prohibited.
• Municipal Bonds & Obligations • All Other Bank/Time Deposits • Local Government Investment Pools
• US Treasury Obligations • Repurchase Agreements • State of CA Local Agency Investment Fund (LAIF)
• Federal Agency Obligations • Reverse Repurchase
Agreements & Securities
Lending Agreements
• Mortgage or Asset-Backed
Securities
• State of CA Bonds &
Obligations
• Medium-Term Corporate Notes • Supranational Organizations • Bankers’ Acceptances • Mutual Funds • Joint Powers Authority Pools• Commercial Paper • Money Market Mutual Funds• Negotiable Certificates of Deposit
• Collateralized Bank Deposit
City Council/RSA Agenda 431 Tuesday, November 26, 2024
8 Updates to the City’s Investment Policy
Summary of the City’s Investment Portfolio:
City Council/RSA Agenda 432 Tuesday, November 26, 2024
9 Updates to the City’s Investment Policy
• Staff Recommendation:
• Adopt a Resolution approving the City’s Investment Policy as presented.
• If the City Council would like to consider other changes to the Investment Policy, staff recommends that the City Council adopt the updates as presented and then send the Investment Policy to the Finance Committee for a more in-depth and thoughtful discussion on this issue.
City Council/RSA Agenda 433 Tuesday, November 26, 2024
From: Michael Garcia Picazo
To: Carol Dutra-Vernaci; [email protected]; Gary Singh; Jaime Patino; Scott Sakakihara; Public Comment Subject: Annual Review of the City"s Statement of Investment Policy - Divest from Genocide and Apartheid Date: Tuesday, November 26, 2024 12:35:13 PM
WARNING: External email. Please verify sender before opening attachments or clicking on links.
Dear Mayor and City Council Members,
I am writing to you as a concerned citizen of Union City, deeply troubled by the ongoing humanitarian crisis and acts of violence occurring in Palestine. The situation has escalated to a point where it is imperative for us, as a community, to take a stand against the atrocities being committed and to advocate for justice and human rights.
The reports of widespread violence, displacement, and loss of innocent lives in Palestine are heart-wrenching. As a city that prides itself on diversity, inclusivity, and respect for human rights, it is our moral obligation to condemn these acts of violence and take concrete steps to support the victims and promote peace.
I urge the Union City Council to consider the following actions:
1. Divest from Companies Involved in Human Rights Violations: Conduct a thorough review of the city's investments and contracts to ensure that we are not financially supporting companies that are complicit in the violence and human rights abuses in Palestine. Divesting from such companies sends a strong message that Union City stands against genocide and supports the rights and dignity of all the people.
2. Public Statement of Solidarity: Issue a public statement condemning the violence in Palestine and expressing solidarity with the victims. This statement should reaffirm our commitment to human rights and call for an immediate end to the violence and a peaceful resolution to the conflict.
3. Support for Humanitarian Aid: Allocate resources or partner with organizations that provide humanitarian aid to the affected populations in Palestine. This support can help alleviate the suffering of those who have been displaced and are in dire need of assistance.
4. Educational Initiatives: Implement educational programs and initiatives within our community to raise awareness about the situation in Palestine and the importance of human rights. These programs can foster a deeper understanding of the conflict and encourage our residents to advocate for peace and justice.
Thank you for your attention to this urgent matter. I look forward to your prompt response and action.
MIchael
--
Take care,
________________________________________
Michael Garcia-Picazo, CHW, he/him/they
Vice-Chair & Director of Behavioral Health
City Council/RSA Agenda 434 Tuesday, November 26, 2024
Together We Stand
NPI #1093552804
Cell: 510-598-9137 E: [email protected]
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City Council/RSA Agenda 435 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: REPORT TO THE CITY COUNCIL ON THE CONSIDERATION FOR FUTURE USES OF THE HISTORICAL MUSEUM BUILDING LOCATED AT 3841 SMITH STREET
EXECUTIVE SUMMARY
Staff is seeking direction from the City Council on the future use of the City-owned building located at 3841 Smith Street that was previously occupied by the Union City Historical Museum non-profit organization (“Historical Museum”). The Historical Museum has not operated in the building since it was closed in March 2020 due to the COVID-19 pandemic. The building remained closed because there was significant interior water damage from a leaking roof that was causing mold and mildew on the walls. Staff was unsure if the building was safe to occupy.
Additionally, two prominent members of the Historical Museum passed away, which severely impacted the organization’s ability to function.
In February 2024, the Union City Chamber of Commerce (“Chamber of Commerce”) proposed to the City to repurpose the building to serve as a hub and as a vibrant space for community engagement and economic development. Since that time, the Chamber of Commerce revised their proposal to include a partnership with the Washington Township Museum of Local History (“Washington Township Museum”) to operate a museum at the building. The City has completed limited repairs to the building to stop further deterioration, but the structure still needs additional work before it can be occupied. It does not meet minimum building codes in its current condition.
Since there is no active lease, this is an opportunity for the City Council to consider the future use of the building. As noted, there is interest from two non-profit organizations to use the property. Or the City Council may consider leasing the property at market rate to a commercial tenant, or using the building for its own purposes, such as a community rental facility, staff offices, or for other City programming.
STRATEGIC PLAN ALIGNMENT
This project does not align with the Strategic Plan.
City Council/RSA Agenda 436 Tuesday, November 26, 2024
BACKGROUND
The brick building located at 3841 Smith Street was built as a fire station. The fire station closed with the construction of Fire Station 32 on Alvarado Boulevard. A Site Development Review approval was given to Tiburcio Vasquez Health Center in 1984, but it appears the clinic never opened in this location. In October 1992, the City Council authorized a month-to-month rental agreement with Robert Martin for interim residential use until a permanent commercial tenant could be identified.
An engineering analysis report was prepared in October 1999 and the building appears (by visual observation) to have had some seismic retrofit upgrades, likely installed at about the same time. Steel anchors are visible along the parapet and a steel column and steel beam are visible in the apparatus bay; however, staff has not located any records documenting the construction of the retrofits. The building was then leased in an “as is” condition to the newly established Union City Historical Museum on January 23, 2001.
The museum operated for nearly 20 years under the guidance of Myrla Raymundo, the founder and executive director. The building abruptly closed in March 2020 because of the COVID-19 emergency declaration; however, the Historical Museum organization continued to function in an informal manner. In November 2021, Ms. Raymundo passed away. Within 26 months, the president of the Historical Museum, Domingo Filardo, also passed away (January 2024). Since that time, the Historical Museum organization has not been active.
With the closure of the building in March 2020, the City took the opportunity to evaluate its physical condition. The structure was known to have a leaking roof, and damage from water penetration was visible on the walls and floors. In limited areas, the walls were discolored by what appeared to be mold or mildew. Further, the Historical Museum organization had not met its responsibilities under the lease agreement, the legal status of the non-profit was unclear, and the lease with the City had expired. For these reasons the City stopped public use of the building by the organization. Their materials remained in the building and files and documents were made available to the group on an appointment basis.
While the roof and the front room of the building have been repaired - the walls, flooring, windows, and electrical wiring have been replaced - the condition of the remainder of the building’s rooms has not been fully evaluated. For example, it is known that the heating system does not operate, there is dry rot in the exterior beams, the bathroom fixtures should be replaced, at least one exterior window is broken, and the interior lighting is very poor. Additionally, the grounds around the building have not been maintained or brought up to the current code and need to be upgraded to be made safe for public use. For example, the original repair pit for the fire trucks is still in place. There are old foundations, and the grades of the rear yard are warped and do not meet current ADA standards.
With the passing of the two key members of the Historical Museum organization, Ms. Raymundo and Mr. Filardo, staff reached out to other members of the Historical Museum to determine if there was any interest in reestablishing the museum. The response was that there was no interest.
Shortly after Mr. Filardo’s passing, in February of 2024 the Chamber of Commerce submitted a proposal to staff to repurpose the building. Community interest was also expressed to preserve the use of the property as a history museum, though as noted, no one from the Historical Museum stepped forward to continue the effort. A communityorganized meeting was held at Old Alvarado Park on September 12, 2024 to support the reestablishment of the museum. City staff also met with the leadership of Washington Township Museum on October 3, 2024 to discuss their vision for use of the Historical Museum building and to better understand their operations. Now, the Washington Township Museum and the Chamber of Commerce have come together and made an initial proposal to share the City Council/RSA Agenda 437 Tuesday, November 26, 2024
building (Attachment 1).
DISCUSSION
The purpose of this report is to provide the City Council with a summary of the building's condition, provide an overview of the proposal from the Chamber of Commerce and the Washington Township Museum, and to consider the next steps.
There are two decision points for the City Council to consider:
1) Does the City Council desire to move forward with discussions to lease the building to the Chamber of Commerce and the Washington Township Museum; and
2) What additional investments may be needed to make the building safe and functional for public use? Proposal:
The Washington Township Museum and the Chamber of Commerce are proposing to partner to revitalize the old fire station. Their vision is to transform the facility into a vibrant, multi-purpose community center that will host various events, workshops, and activities. This center is envisioned to be a “welcoming place for residents, businesses, and organizations to gather, collaborate, and build community connection, … and be a place to honor and celebrate history….”
The Washington Township Museum would be the lead organization to operate and maintain the museum and the Chamber of Commerce would operate an office and sponsor economic development events. This centralized location would be accessible for businesses and the public, which is intended to facilitate stronger engagement with local stakeholders and offer educational opportunities. As an attraction for visitors, the two complimentary uses are envisioned to boost local economic activity.
The proposal to the City uses the term "acquisition." It is not clear what is meant by the term; however, staff is interpreting the meaning as a lease and not a sale.
Summary of Building Repairs:
Staff visually evaluated the condition of the building that included walk throughs by the Building Official and the Public Works staff (Attachment 2). Based upon the repairs that were recently completed, Public Works staff estimate that an additional $150,000 investment would be needed to bring the remainder of the building up to a similar finished standard.
However, to meet minimum code, the following repairs are required:
Required Repairs
Replace the heating and ventilation system and extend climate control into the front room to meet minimum code for occupiable space and maintain appropriate conditions for "archival" purposes for the museum. Note, Washington Township Museum is seeking a ventilation system that is appropriate for archival purposes.
Staff has not explored what type of ventilation system meets this purpose; Replace the electrical subpanel in the kitchen area;
Replace GFCI wiring (ground fault circuit interrupter) to all kitchen and bathroom outlets. An electrical contractor should inspect the building to ensure no additional code issues are present; Ensure the front door meets ADA standards of access;
Replace broken windowpanes in rear of building;
Replace bathroom fixtures (toilets, sinks, lighting) and confirm no additional plumbing repairs are needed; and City Council/RSA Agenda 438 Tuesday, November 26, 2024
Repair exterior dry rot under the eaves to prevent further deterioration.
Desirable Repairs
Replace sliding glass door and windows in the rear of the building with energy efficient vinyl or fiberglass double pane windows;
Paint interior and exterior (as needed);
Evaluate window film on apparatus bay doors and consider replacing; and Remove interior wall paneling and replace (if needed).
Exterior site improvements, such as to the rear bay door and repair pit can be considered separately in a future phase. In its current condition, the rear yard is not safe for public use because it does not meet minimum code.
Improvements to the rear yard are not included in this initial cost estimate.
The side yard is a graveled parking lot that would be available for the visitors and tenants at the site. No improvements are being proposed for the parking lot at this time.
Hazardous Materials:
Prior to starting any repairs, the building will need to be evaluated for lead paint, asbestos, and other possible hazards. Based on the testing analysis of the front room in 2022, staff does not expect to find any hazardous materials, though asbestos was commonly used in heating and ventilation duct systems and in floor tiles.
Next Steps:
To fully evaluate the condition of the Historical Museum building by a licensed contractor, the first step would be to remove all materials and furnishings from the kitchen, dormitory, and bathrooms, especially the binders, files, photographs, maps, etc. Valuable historical furnishings and files may possibly be stored in the apparatus bay if space can be made. Items with no value should be tossed. A storage container may need to be brought to the site to provide temporary storage. Once the building has been cleared, a contractor could provide a more accurate cost estimate for the repairs. It would be advised to engage local historians who are familiar and experienced with handling historical objects and materials to oversee the cleanup of the building and determine what items to keep for further evaluation, and what items to dispose of.
FISCAL IMPACT
Receipt of this report does not impact the General Fund.
Once the building is cleaned out, a more accurate assessment of the needed repairs to occupy the building would be made. At that time, additional funding would need to be identified. Based on the cost of the recent repairs, staff believes a budget of $150,000 is reasonable. Staff will also explore grant funding for the purpose of renovating the building.
There could be some minimal costs to clean out the building, including acquiring a storage container or off-hauling garbage. Staff would expect the cleanup costs to be less than $10,000 and this could be paid from existing accounts.
The fiscal impact of a lease to the Chamber of Commerce and the Washington Township Museum is unknown at this time; however, based on initial conversations with the Washington Township Museum, the nonprofit is seeking a nominal lease agreement, such as $1 per year. This is the amount that is paid to the city of Fremont for their current location at 190 Anza Street.
City Council/RSA Agenda 439 Tuesday, November 26, 2024
Lastly, if the City Council is interested in pursuing a commercial lease, staff would need to do more research to understand the viability of this option.
RECOMMENDATION
Staff is seeking the City Council’s direction on the next steps for the Historical Museum building. If there is interest in repurposing the building as proposed by the Chamber of Commerce and the Washington Township Museum, staff will enter into discussions with the organizations with the intent to lease the property to the nonprofit organization(s).
Additional information would be brought back to the City Council for their consideration, as well as a timeline.
Staff is also seeking feedback from the City Council regarding the repairs to the building. Staff acknowledges that the use of the building by the Chamber of Commerce and the Washington Township Museum (and by extension, the public) will require some investment to meet minimum codes for occupiable space. Repairs to the building may impact the timeline for the effective dates of any possible lease agreements or public use.
The City could also consider leasing the building to a commercial use or retaining the building for its own use as a rental facility, as office space for staff, or other programming. There has been no consideration or planning regarding retaining the building for City use or leasing it to a commercial tenant. More analysis would be needed, but these are options.
Regardless of the final decision on any possible lease arrangements, or the extent of repairs to be made on the building, staff recommends that the City offer the tools to the community members to begin cleaning out the building as soon as possible. This would include storage boxes, dumpsters, trash bags, cleaning supplies, and a possible storage container. Members of Washington Township Museum have expressed an interest to support the cleanup, but only if there was a commitment from the City to a future lease arrangement for their use.
Prepared by:
Joan Malloy, City Manager
Submitted by:
Joan Malloy, City Manager
ATTACHMENTS:
Description Type
Attachment 1: Proposal, Union City Chamber of Commerce and Washington Township Museum of Local History
Attachment
Attachment 2: Photographs of Property Resolution
PowerPoint Presentation - Item 7.2 Attachment
City Council/RSA Agenda 440 Tuesday, November 26, 2024
Proposal for Repurposing and Acquisition of the Historical Museum Building Presented by the Union City Chamber of Commerce in partnership with the Washington Township Museum of Local History
Proposal Overview:
1. Acquisition and Repurposing: The Union City Chamber of Commerce “UCCOC” and the Washington Township Museum of Local History “WTMLH” (two already established 501(c)(3) non-profits) are proposing a joint effort to acquire the use of the Union City Historical Museum from the City of Union City. This acquisition would allow both organizations to invest in the revitalization of the facility, preserving its historical significance while reshaping the space into a community asset.
2. Multi-Purpose Community Center: Our vision includes transforming the facility into a vibrant, multi-purpose community center that will host various events, workshops, and activities. This center will be a welcoming place for residents, businesses, and organizations to gather, collaborate, and build community connections. This will also be a place to honor and celebrate history, as the museum will be located onsite.
3. Economic Development Opportunities: Once renovated, the facility will be promoted as a venue for local events and exhibitions. By attracting visitors, it will stimulate economic growth, boost local tourism, support small businesses, and create new job opportunities in Union City.
4. Chamber of Commerce Office: The UCCOC plans to establish its central office within the repurposed museum building. This new location will increase accessibility for businesses and the public, facilitating stronger engagement with local stakeholders.
5. Upkeep and Maintenance: Both the UCCOC and WTMLH will be valuable stewards of the facility. A consistent presence with regular “open” hours will be established, with a minimum of 15 regularly scheduled open and staffed hours per week. Maintenance needs will be brought to the attention of the City of Union City in a timely manner. Water and garbage will be paid by the City of Union City. All other standard operating costs will be shouldered jointly by UCCOC and WTMLH, including: PG&E, internet, phone, liability insurance, and the continuance of a valid non-profit status with the State of California.
Together, the two groups will clean up, re-design, and maintain the landscaping at the facility to ensure the property remains a valuable asset for the community both inside and out.
6. Community Involvement: To ensure the project meets the community's needs, we will host town hall meetings and solicit feedback from Union City and area residents. The facility will reflect the desires of the local population while also honoring its historical significance.
City Council/RSA Agenda 441 Tuesday, November 26, 2024
Historical Context and WTMLH’s Role:
The Union City General Plan supports the preservation of the Union City Historical Museum. The city has shown its dedication to preserving local history by offering the historic firehouse on Smith Street rent-free for museum use.
However, after the dissolution of the group that previously managed the museum, the facility fell into disrepair, resulting in a loss of this key historical resource.
WTMLH, will partner with the UCCOC to restore this valuable community asset. WTMLH has a deep commitment to preserving Union City’s history and is experienced in operating historical sites throughout Southern Alameda County.
WTMLH’s Contribution to the Project:
WTMLH will collaborate with the City of Union City to evaluate the historical items currently stored in the museum. Once these items are triaged, WTMLH will create space to display Union City’s most important historical artifacts. The museum will feature archival and research repositories, exhibit spaces, and meeting areas that serve the community, including hosting Chamber of Commerce activities.
Together, we envision the new museum as a place of community building, where Union City’s history is celebrated and preserved through research, tours, and events. The museum will be a key site for local engagement, fostering pride in Union City’s past and future.
Why Choose WTMLH?
WTMLH is the right partner for this project due to their:
- Expertise in preserving Union City’s historical artifacts, with an established archival collection and active programs including walking tours, school tours, and public lectures. - History of supporting Union City research efforts, including works by local historians. - Strong community ties, with two WTMLH board members residing in Union City, and an extensive network across Southern Alameda County.
Next Steps for Acquisition:
Both the UCCOC and WTMLH are committed to acquiring the use of the museum property and investing in its revitalization. We believe this joint effort will restore the museum as a cornerstone of community and historical preservation in Union City.
We are ready to begin negotiations for a memorandum of understanding with the City of Union City, and in turn a lease agreement. Together we can ensure that the historic firehouse can once again serve as a space for community engagement, economic development, and a celebration of Union City’s history.
Funding:
Together, the UCCOC and WTMLH will fund this venture. On top of current assets, both groups will pursue continued funding through a combination of private investments, grants, and community fundraising. We will also explore partnerships with local businesses and stakeholders who are interested in supporting this important community project.
City Council/RSA Agenda 442 Tuesday, November 26, 2024
Conclusion:
The UCCOC and WTMLH believe that the acquisition and revitalization of the historical museum building will benefit the entire Union City community. By restoring the historic firehouse and creating a dynamic, multi purpose community center, we can foster both economic growth and cultural preservation.
This proposal highlights the collaborative effort between the Union City Chamber of Commerce and the Washington Township Museum of Local History to acquire and revitalize the museum.
We look forward to discussing this proposal further and working with the City of Union City to bring this vision to life.
Thank you.
Contact Information:
X___________________________________ X___________________________________ Union City Chamber of Commerce Union City Chamber of Commerce Cara Milgate, President Jim Navarro, Vice President
(510) 910-2410 (510) 468-3402
[email protected] [email protected]
http://ucchamber.org/ http://ucchamber.org/
X___________________________________ X___________________________________ Washington Township Washington Township
Museum of Local History Museum of Local History
Kelsey Camello, President Patricia Schaffarczyk, Collections Manager (510) 673-2806 (510) 677-8461
[email protected] [email protected]
[email protected] [email protected] www.museumoflocalhistory.org www.museumoflocalhistory.org City Council/RSA Agenda 443 Tuesday, November 26, 2024
UNION CITY HISTORICAL MUSEUM
November 19, 2024
Front entrance with new windows
Renovated front room with new walls, flooring, lighting, and windows City Council/RSA Agenda 444 Tuesday, November 26, 2024
Exterior of building with graveled parking lot
City Council/RSA Agenda 445 Tuesday, November 26, 2024
Kitchen (office)
Bathrooms
City Council/RSA Agenda 446 Tuesday, November 26, 2024
Dormitory of old fire station (library)
Apparatus bay
City Council/RSA Agenda 447 Tuesday, November 26, 2024
Rear elevation
Rear bay door and repair pit of old fire station
City Council/RSA Agenda 448 Tuesday, November 26, 2024
REPORT ON CONSIDERATIONS FOR FUTURE
USES OF THE HISTORICAL MUSEUM
BUILDING, 3841 SMITH STREET
Item 7.2 City Council Meeting, November 26, 2024
City Council/RSA Agenda 449 Tuesday, November 26, 2024
2 Proposal
• Union City Chamber of
Commerce
• Washington Township
Museum of Local History
• Proposing to operate out
of old fire station, 3841
Smith Street
• Previously occupied by
the Union City Historical
Museum
Located in the Historical Alvarado District
City Council/RSA Agenda 450 Tuesday, November 26, 2024
3 Background
• Built as a fire station
• Closed when Fire Station 32 on Alvarado Boulevard was built City Council/RSA Agenda 451 Tuesday, November 26, 2024
4 Background
• Used as the Union City Historical Museum 2001-2023
• Museum organization currently inactive
• Interest by community to see museum operation continue City Council/RSA Agenda 452 Tuesday, November 26, 2024
5 Vision
• Partner to revitalize the old fire station
• Vibrant, multi-purpose community center that
will host various events, workshops, and
activities
• Welcoming place for residents, businesses,
and organizations to gather, collaborate, and
build community connection,
• A place to honor and celebrate history
City Council/RSA Agenda 453 Tuesday, November 26, 2024
6 Vision
• Washington Township Museum - lead organization
• Chamber of Commerce operate an office and sponsor economic development events
• This centralized location would be accessible for businesses and the public
• Engagement with local stakeholders and offer educational opportunities
• Two complimentary uses are envisioned to boost local economic activity.
City Council/RSA Agenda 454 Tuesday, November 26, 2024
7 Condition of Building
NEEDED
• Heating and ventilation
system
• Electrical subpanel
• Electrical upgrades to
kitchen and bathrooms
• ADA standards at entrance
• Repair broken
windowpanes
• Replace bathroom fixtures
• Repair dry rot
DESIRED
• Replace sliding glass door
and windows to energy
efficient
• Paint interior and exterior
• Window film on front of
building
• Remove interior wall
paneling
• Replace/repair flooring
City Council/RSA Agenda 455 Tuesday, November 26, 2024
8 Current Condition – Front of Building
City Council/RSA Agenda 456 Tuesday, November 26, 2024
9 Current Condition – Front of Building
City Council/RSA Agenda 457 Tuesday, November 26, 2024
10 Current Condition - Kitchen
City Council/RSA Agenda 458 Tuesday, November 26, 2024
11 Current Condition - Bathrooms
City Council/RSA Agenda 459 Tuesday, November 26, 2024
12 Current Condition – Dormitory and Apparatus Bay
City Council/RSA Agenda 460 Tuesday, November 26, 2024
13 Current Condition – Rear of Building
City Council/RSA Agenda 461 Tuesday, November 26, 2024
14 Damage From Leaking Roof
City Council/RSA Agenda 462 Tuesday, November 26, 2024
15 Current Condition – Renovated Front Room
City Council/RSA Agenda 463 Tuesday, November 26, 2024
16 Fiscal Impact
• Cost to repair building interior - $150,000
• Cost to clean out building - $10,000
• Lease for Chamber and Museum – Unknown
• Museum’s current lease in Fremont: $1/year
• Market rate?
• Commercial lease – requires more research since
building was purchased with RDA funds. Possible
limitations.
City Council/RSA Agenda 464 Tuesday, November 26, 2024
17 Options
• Continue discussions with Chamber and Museum
regarding a possible lease
• Explore possibility to lease for commercial use
• Retain the building for City programming and City rentals • Retain the building for City offices
Note: To occupy the building, it must meet minimum code.
Building must be cleaned out to fully assess damage and repair. Timeline to repair depends on funding.
City Council/RSA Agenda 465 Tuesday, November 26, 2024