Union City City Council
June 28, 2022

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, June 28, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
Meeting will Also be Held Via Teleconference. To access meeting, please see Teleconference Guidelines.

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call
Mayor Carol Dutra-Vernaci
Vice Mayor Jaime Patiño
Councilmember Emily Duncan
Councilmember Pat Gacoscos
Councilmember Gary Singh

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation in Recognition of Bahadur Saroya as 2021 Southern California Regional Katherine McClary Award Winner

3.b. Proclamation in Honor of Dance Instructor, Teacher, and Community Ambassador Joanne Brown for her Outstanding
Service to Union City for the Past 40 Years

4. ORAL COMMUNICATIONS
City Council/RSA Agenda 1 Tuesday, June 28, 2022
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.

Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.

5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Approve the Minutes of the City Council Meeting Held on June 14, 2022

5.c. Adopt a Resolution Authorizing the Award of a Construction Contract to Marina Landscape, Inc., in the Amount of $88,342, Funded with $65,000 of State Gas Tax Funds (Fund 2510) and $32,176 of General Fund - Economic Development Funds
(Fund 1110), for a Total, with Contingencies, of $97,176, for the Union Landing Gateway Walls Improvement Project, City
Project No. 21-23

5.d. Adopt a Resolution Authorizing the City Manager to Execute Contract Amendment No. 10 to Extend the Union City Transit Fixed-Route and Demand Response Operations and
Maintenance Agreement with MV Transportation for an
Additional Six Months Through December 31, 2022

5.e. Adopt a Resolution Authorizing the City Manager to Declare a Paratransit Van as Surplus and Dispose of It Pursuant to the Provisions of the Union City Municipal Code

5.f. Adopt a Resolution to Reschedule the Public Hearing Date for the Renewal of the 2022-23 Citywide Landscape & Lighting District No. 3 (LLAD No. 3) from June 28, 2022 to July 12, 2022

5.g. Adopt a Resolution Authorizing the Union Landing Property Owners' Association to Enter into an Agreement with Zooka Creative in a Form Approved by the City Attorney in an Amount City Council/RSA Agenda 2 Tuesday, June 28, 2022
not to Exceed $123,000, for Marketing Services for the Union Landing Shopping Center

5.h. Adopt a Resolution Approving the Sixth Amendment to the Consulting Services Agreement with ROMA Collaborative, in the Amount of $245,720, for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14, for a Total Contract Amount of $624,280

5.i. Adopt a Resolution Authorizing the City Manager to Execute Contract Amendment No. 1 in the Amount of $99,400 with CSG Consultants, Inc. for Municipal Programming and Project Management Services for a Total Amount of $314,400

5.j. Adopt a Resolution Accepting a $221,000 Transportation Fund for Clean Air Grant from the Alameda County Transportation Commission, Project Funding Agreement A19-0066.A1, for
Construction of Union City IDEA Grant Traffic Signal Control Upgrades, City Project No. 17-27, and Passive Pedestrian Detection Improvement Project, City Project No. 17-27A, and Increasing Revenue Projections in the Capital Projects Fund by $221,000 and Appropriating $221,000 to the Capital Projects Fund, As Part of the Required City Local Match

5.k. Adopt a Resolution Approving and Authorizing the City Manager to Execute a Side Letter Agreement Between the City Of Union City and the Professional Employees Group Approving a OneTime Payout of Floating Holiday Hours as a Result of Providing Critical Services

5.l. Adopt a Resolution Establishing the GANN Appropriations Limit for FY 2022-2023

6. PUBLIC HEARINGS

6.a. Adopt a Resolution (Public Hearing) Approving Site Development Review (SD-22-001) for the Development of
Three (3) Residential Buildings Containing Nine (9) Townhome Units Located at 4312 Dyer Street (APN 483-119-17)

6.b. Public Hearing and Adoption of a Resolution Approving the Proposed Amendments to the FY 2022-2023 Budget

7. CITY MANAGER REPORTS

7.a. Adopt Two Resolutions: 1) Approve the Annual Report for the Union Landing Property and Business Improvement District (PBID) for the Fiscal Year 2021/22; and 2) Adopt a Resolution to Order the Levy and Collection of Assessments for the Union Landing Property and Business Improvement District (PBID for the Fiscal Year 2022/2023

7.b. Update on the Lazuli Landing Affordable Housing Project (Midpen Housing Corporation) at Mission Boulevard, D Street, E Street, and 2nd Street

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
City Council/RSA Agenda 3 Tuesday, June 28, 2022
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL

13. GOOD OF THE ORDER

14. CLOSED SESSION - None

15. ADJOURNMENT
A complete agenda packet is available for review at City Hall or on our website www.unioncity.org
Any writings or documents provided to a majority of City Council members regarding any item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall, located at 34009 Alvarado-Niles Road, Union City, California, during normal business hours.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.

Interested person must request the accommodation at least two working days in advance of the meeting by contacting the City Clerk at (510) 675- 5348.

TELECONFERENCING GUIDELINES FOR THE CITY OF UNION CITY REGULAR COUNCIL

MEETING
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City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting. 3511412.1
City Council/RSA Agenda 5 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: PROCLAMATION IN RECOGNITION OF BAHADUR SAROYA AS 2021

SOUTHERN CALIFORNIA REGIONAL KATHERINE MCCLARY AWARD
WINNER

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Steve Adams, Transit Manager
Submitted by:

City Council/RSA Agenda 6 Tuesday, June 28, 2022
Steve Adams, Transit Manager
ATTACHMENTS:

Description Type
Proclamation Attachment
Presentation Attachment
City Council/RSA Agenda 7 Tuesday, June 28, 2022

CITY OF UNION CITY

PROCLAMATION
In Recognition of Bahadur Saroya for
2021 Southern California Regional Katherine McClary Award Winner WHEREAS, Union City Transit is the local transit operator for the City of Union City; and

WHEREAS, Union City Transit contracts its service with MV Transportation to provide safe, clean, and reliable service to the community; and
WHEREAS, Union City Transit is included in the Southern California Region for the purposes of this award; and

WHEREAS, MV Transportation honors its safest drivers in each of its regions through the Katherine McClary Award, named in honor of a young woman that was killed as a result of tragic preventable incident by a bus operator; and
WHEREAS, Union City Transit’s local MV Transportation division nominate bus operator Bahadur Saroya amongst the other 1,500 drivers in the Southern California region because of his driving and safety records along with commitment to customer service; and
WHEREAS, Bahadur Saroya has been safely driving and providing customer service for Union City Transit for over 15 years.

NOW, THEREFORE, the City Council of the City of Union City hereby expresses its gratitude and commendation to Bahadur Saroya for receiving the 2021 Southern California Regional Katherine McClary Award in recognition of his safe driving and customer service and for his 15 years of service to Union City Transit, the City of Union City, and its customers and residents.

DATED this 28
th day of June 2022.
____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
JAIME PATIÑO, Vice Mayor
____________________________________
EMILY DUNCAN Councilmember
____________________________________
PAT GACOSCOS, Councilmember
____________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 8 Tuesday, June 28, 2022
© 2022 MV Transportation, Inc. All rights reserved. 1 © 2022 MV Transportation, Inc. All rights reserved.

MV Transportation Safe Operator of the Year Award
June 2022
City Council/RSA Agenda 9 Tuesday, June 28, 2022
© 2022 MV Transportation, Inc. All rights reserved. 2
• The Katherine McClary award recognizes the safest
transit operators and is the company’s highest recognition. • Award named for Katherine “Katie” McClary, who was
tragically killed in a bus accident in 2004 when one of MV’s operators made a turn and did not see her.
• The objective of the safety award is to use Katie’s
inspiration to help MV operators learn from this accident and continue driver safety programs and pedestrian safety – and to promote that safety is the #1 focus across the company.
• The McClary family supports MV’s Katherine McClary
Operator of the Year Award program and believes it to be a positive extension of her life.

MV Katherine McClary Safety Award
City Council/RSA Agenda 10 Tuesday, June 28, 2022
© 2022 MV Transportation, Inc. All rights reserved. 3
• Upon hiring, each new MV Transportation employee learns Katie’s story and the significance of the company’s absolute focus and commitment on safety.
• Every employee reviews the story annually.
• Yearly, each MV division nominates operators who
demonstrate the very best performance with scoring
measured against the following:
» DriveCam Events
» Driving Record
» Safety Record
» Complaints- If any
» Community Service
• Award winners are selected regionally, with one national MV award winner
MV Katherine McClary Safety Award
City Council/RSA Agenda 11 Tuesday, June 28, 2022
© 2022 MV Transportation, Inc. All rights reserved. 4
• MV Union City operator Bahadur Saroya was
named 2021 Southern California Region Katie
McClary Award Winner!
• Bahadur was nominated for his commitment to the
safety of his passengers, his overall performance
and for embodying the MV spirit in the safe and
reliable customer service that he delivers to his
Union City customers.
• Bahadur’s recognition is most impressive, with
more than 1,500 employees in MV’s Southern
California Region
• Congratulations to Bahadur for an incredible job
well done! And thank you for 15 years of service.

Union City Operator Named 2021 Regional Award Winner
City Council/RSA Agenda 12 Tuesday, June 28, 2022
Agenda Item
ATTACHMENTS:

Description Type
Proclamation for Joanne Brown 40th Anniv Attachment
City Council/RSA Agenda 13 Tuesday, June 28, 2022

CITY OF UNION CITY

PROCLAMATION
In Recognition of Joanne Brown’s 40 years of Outstanding Service as a Dance Instructor, Teacher, and Community Ambassador for Union City

WHEREAS, in the summer of 1980, professional dancer and credentialed teacher, Joanne Brown began teaching dance classes for Union City Leisure Services: Joanne’s dance classes grew in popularity and 1981, Joanne held her first dance recital at the James Logan High School Little Theatre to showcase what her students had learned in the past year, and Joanne continued to teach dance and perform at the annual Gladiola Festival for the City of Union City for thirteen years; and

WHEREAS, in 1993, Joanne opened up her own dance studio, named Joanne Brown Dancers, where she and her staff still continue to teach dance classes to this day, and in 1998, Joanne re-joined Union City Leisure Services to offer dance classes through her studio and at both the Holly and Kennedy Community centers; and WHEREAS, in 1999, Joanne served as a community ambassador to Union City as she was a key part to the Union City winning its All-American City award because of her choreography and direction of the performance Union City submitted for the competition, and in 2009 Joanne’s dancers performed for the Union City’s 50th anniversary celebration held at the James Logan High School stadium: and
WHEREAS, for many years, Joanne has taught dance classes at Union City’s elementary schools, including Alvarado, Kiityama, Pioneer and Delaine Eastin elementary, where she still continues to teach dance, and sometimes fills in as a substitute teacher; and she continues to hold recitals at the James Logan Pavilion; and WHEREAS, Joanne just held her latest dance recital on June 11th at James Logan High School Pavilion to celebrate her teaching dance for over 40 years in Union City; and WHEREAS, Joanne’s outstanding contributions of teaching, dance and being a positive role model for youth, while also serving as a community ambassador for Union City with her dance program, has shown a real commitment to the City of Union City, and we will be forever grateful to Joanne for all of her dedication and hard work; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby extends its recognition and sincere appreciation to Joanne Brown.

DATED: June 28, 2022
____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
JAIME PATINO, Vice Mayor
____________________________________
EMILY DUNCAN, Councilmember
____________________________________
PAT GACOSCOS, Councilmember
____________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 14 Tuesday, June 28, 2022
Agenda Item
ATTACHMENTS:

Description Type
Draft Min 06/14/2022 Attachment
City Council/RSA Agenda 15 Tuesday, June 28, 2022

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, June 14, 2022
7:00 PM
Held Via Teleconference
Consistent with California State Assembly Bill 361, the City Council participated in public meetings via phone/video conferencing.

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:03 p.m.

1.a. Pledge of Allegiance
In lieu of the Pledge of Allegiance due to the City Council Meeting being held via teleconference, Mayor Dutra-Vernaci noted Sunday, June 19, 2022 will be the first official celebration of the Federal Holiday of Juneteeth.

1.b. Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci

Absent: None

2. UNFINISHED BUSINESS – None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclaiming June 2022 as Pride Month
Harris Mojadedi accepted the Proclamation and expressed gratitude to the Mayor, Councilmembers, and City Manager Joan Malloy.

4. ORAL COMMUNICATIONS – None
City Council/RSA Agenda 16 Tuesday, June 28, 2022

5. CONSENT CALENDAR
It was moved by Councilmember Duncan and seconded by Councilmember Gacoscos to adopt consent calendar items 5.a. through 5.m. The motion was carried by unanimous roll call vote.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Approve the Minutes of the Regular City Council Meeting Held on May 24, 2022

5.c. Adopted Resolution No. 5946-22 of the City Council of the City of Union City Confirming the Continued Existence of a Local Emergency due to COVID-19

5.d. Adopted Resolution No. 5947-22 Finding That There Is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Union City for the 30-Day Period Beginning June 14 Pursuant to AB 361

5.e. Adopted Resolution No. 5948-22 Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2022 for the Election of Certain Officers; Requesting the Board of Supervisors of the County of Alameda to Consolidate a General Municipal Election to be held on Tuesday, November 8, 2022 with the General Election to be Held on that Date Pursuant to Section 10002 of the Elections Code, and Requesting Certain Services of the Registrar of Voters; and Establishing Regulations for Candidate Statements on the Sample Ballot

5.f. Adopted Ordinance No. 899-22 Adding Chapter 2.62, "Military Equipment Use Policy" to the Union City Municipal Code and Approve the Military Equipment Use Policy

5.g. Adopted Resolution No. 5949-22 Accepting a $75,000 Grant from the California Department of Resources, Recycling and Recovery, Project Funding Agreement No. TRP14-21-0007, for the Base Failure Repair and Slurry Seal Project, City Project No. 23-02

5.h. Adopted Resolution No. 5950-22 Accepting Completion of Work for the Dyer Street Rehabilitation Project, City Project No. 18-20

5.i. Adopted Resolution No. 5951-22 Approving a List of Projects for Fiscal Year 2022-23 Funded by SB 1: The Road Repair and Accountability Act of 2017

5.j. Adopted Resolution No. 5952-22 Approving an Award of a Contract Amount and Contingency and Authorizing the City Manager to Execute a Contract, in the Amount of $940,000 with JV Lucas Paving, Inc., for the 2021-2022 Citywide Street Pavement Rehabilitation Project, City Project No. 22-01
City Council/RSA Agenda 17 Tuesday, June 28, 2022

5.k. Adopted Resolution No. 5953-22 Authorizing the City Manager to Enter into a Contractual Services Agreement with Swinerton Management & Consulting in the Amount of $75,630 for the City-Owned Building Repairs and Renovations Project, City Project No. 22-21, and Directing Staff to Include Funding for this Agreement in the FY 2022-2023 Budget Amendments

5.l. Adopted Resolution No. 5954-22 Approving a Master License Agreement for Small Cell Pole Attachment Installations with Crown Castle Fiber LLC and Approving and Authorizing the City Manager to Enter Substantively Similar Agreements with Other Providers

5.m. Adopted Resolution No. 5955-22 Approving a One-Time Off-Salary Schedule Lump Sum Payment Equivalent to the Increases Effective April 18, 2022 for the Period of January 10, 2022 through April 17, 2022 for Unrepresented Police Department Positions

6. PUBLIC HEARINGS

6.a. Adopt a Resolution (Public Hearing) Approving the 2022-2023 Community Development Block Grant Annual Action Plan and Authorizing the City Manager to Submit the 2022-2023 CDBG Annual Action Plan to the U.S Department of Housing and Urban Development and to Execute All Documents and Certifications Necessary to Secure and Award the CDBG Funding
City Attorney Kris Kokotaylo noted for the record, as required under government code, that he serves as President of the Board of Directors for Spectrum Community Services; he is a non-compensated officer of the non-profit organization, which is a tax-exempt corporation and recipient of CDBG funds.

Vice Mayor Patino disclosed he is an unpaid officer of Tiburcio Vasquez Health Center, a non-profit organization that will receive funds from this report.

Housing & Community Development Manager Francisco Gomez presented the staff report and responded to questions from Council.

Mayor Dutra-Vernaci opened the public hearing. There were no comments from the public. Mayor Dutra-Vernaci closed the public hearing.

Council provided comment.

It was moved by Councilmember Singh and seconded by Councilmember Gacoscos to adopt Resolution No. 5956-22 Approving the 2022-2023 Community Development Block Grant Annual Action Plan and Authorizing the City Manager to Submit the 2022-2023 CDBG Annual Action Plan to the U.S Department of Housing and Urban Development and to Execute All Documents and Certifications Necessary to Secure and Award the CDBG Funding.

The motion was approved by unanimous roll call vote.

City Council/RSA Agenda 18 Tuesday, June 28, 2022

6.b. Public Hearing Report on Voting Results on Proposed Increase of Solid Waste, Compost, and Recycling Service Rates for Fiscal Year 2022-2023 and Adopt a Resolution Establishing Annual Rates for Solid Waste, Compost and Recycling Services Effective July 1, 2022 and Amending the Master Fee Schedule for Fiscal Year 2022-2023 Incorporating the Updated Rates
Recycling & Solid Waste Program Manager Cliff Feldman presented the staff report and responded to questions from Council.

City Clerk’s Office Administrative Specialist Johanna Ota stated notices were issued to 17,394 parcels and 166 protest forms were received, which does not constitute a majority protest.

Mayor Dutra-Vernaci opened the public hearing. There were no comments from the public. Mayor Dutra-Vernaci closed the public hearing.

Council provided comment.

It was moved by Councilmember Duncan and seconded by
Councilmember Singh to adopt Resolution No. 5957-22 Adopt a Resolution Establishing Annual Rates for Solid Waste, Compost and Recycling Services Effective July 1, 2022 and Amending the Master Fee Schedule for Fiscal Year 2022-2023 Incorporating the Updated Rates.

The motion was approved by unanimous roll call vote.

7. CITY MANAGER REPORTS

7.a. Proposed Amendments to the FY 2022-2023 Budget
Finance Director Jackie Acosta presented the staff report and responded to questions from Council.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY – None

9. AUTHORITIES AND AGENCIES – None

10. CITY COMMISSION / COMMITTEE REPORTS – None

11. SCHEDULED ORAL COMMUNICATION – None

12. ITEMS REFERRED BY COUNCIL
Vice Mayor Patino reported on his attendance of Waste Management Authority meetings held on May 25 and June 9; the East Bay Community Energy Marketing, Regulatory, and Legislative Subcommittee meeting held on June 3; and the League of California Cities Governance, Transparency, and Labor Relations Subcommittee meeting held on June 9.

City Council/RSA Agenda 19 Tuesday, June 28, 2022
Councilmember Duncan reported on her attendance of the League of California Cities, East Bay Division meeting held on May 26.

Mayor Dutra-Vernaci noted her recent trip to Washington D.C. as a member of the Alameda County Transportation Commission (ACTC) was funded by ACTC.

Mayor Dutra-Vernaci reported on her attendance of the Metropolitan Transportation Commission (MTC) Workshop held on May 25-26, and at the time of the City Council meeting was attending an MTC Delegation meeting in Washington, D.C. held on June 14, funded by the MTC.

13. GOOD OF THE ORDER
Vice Mayor Patiño reported on his attendance of the opening of Lemonnade Cannabis Dispensary held on May 25, and the National League of Cities (NLC) 2022 Hispanic Elected Local Officials (HELO) Summer Conference in San Juan, Puerto Rico held from June 5-8.

Councilmember Singh announced an upcoming Union City Chamber of Commerce Fundraising Event at Gerry’s Grill on June 15.

Councilmember Gacoscos announced the upcoming Annual Sister City Event on August 7 and Twinning Ceremony with Mushin, Lagos, Nigeria, and reported there is a new application for Union City’s 9
th Sister City from
Khushab, Pakistan that will be presented to the Human Relations Commission on June 22.

Councilmember Duncan reported on her attendance of the opening of Lemonnade Cannabis Dispensary with the Mayor and Vice Mayor, held on May 25.

Mayor Dutra-Vernaci reported on her attendance of the U.S. Conference of Mayors (USCM) 2022 Annual Meeting in Reno, Nevada held from June 3-6.

14. CLOSED SESSION – None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:47 p.m.

Respectfully submitted,
Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 20 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE AWARD OF A
CONSTRUCTION CONTRACT TO MARINA LANDSCAPE, INC., IN THE AMOUNT OF $88,342, FUNDED WITH $65,000 OF STATE GAS TAX FUNDS (FUND 2510) AND $32,176 OF GENERAL FUND - ECONOMIC DEVELOPMENT FUNDS (FUND 1110), FOR A TOTAL, WITH CONTINGENCIES, OF $97,176, FOR THE

UNION LANDING GATEWAY WALLS IMPROVEMENTS PROJECT, CITY
PROJECT NO. 21-23
Staff recommends that the City Council adopt a resolution authorizing the award of a construction contract to Marina Landscape, Inc., in the amount of $88,342, funded with $65,000 of State Gas Tax funds (Fund 2510) and $32,176 of General Fund - Economic Development Funds (Fund 1110), for a total, with contingencies, of $97,176 for the Union Landing Gateway Walls Improvements Project, City Project No. 21-23.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following: Goal C, Strategy 4:

Enhance the City’s partnership with Union Landing property owners and tenants to grow the vitality of the business district and revenue to the City.

BACKGROUND
On July 13, 2021, the City Council approved the levy and collection of annual assessment fees for the Union Landing Property and Business Improvement District (PBID) for FY 2021-2022, to fund the necessary activities (Resolution No. 5802-21). The City Council also approved the PBID Annual Report for FY 2021-2022, which identified the activities that would be funded and the assessments that would be levied to pay for those activities (Resolution No. 5801-21). The PBID funds provide funding for three dedicated full-time sworn Union City Police Officers at Union Landing, the provision of marketing and promotional efforts, other administrative costs and the rental for the police substation.

The Union Landing Property Owners Association Board of Directors (ULPOA Directors) are responsible for City Council/RSA Agenda 21 Tuesday, June 28, 2022
managing funds dedicated for marketing services. The Marketing Program adopted by the ULPOA Directors is a combination of marketing efforts and improvements to maintain the visibility and desirability of Union Landing as a regional retail destination. As part of these efforts, the ULPOA Directors, with the support of City staff, implemented the center’s new brand and logo as reflected in banners and parking lot signage. Improvement of the gateway walls is the next phase of implementing the center’s new brand. Gateway wall improvements include Phase I – wall painting and installation of new signage and logo (completed) and Phase II – landscaping of the areas in front of the walls. Landscape design was paid for by the City and approved by both the City and the ULPOA Directors.

DISCUSSION
In FY 2021-2022, Gates & Associates presented a landscape design for the three gateway walls at the Union Landing shopping center to the ULPOA Directors and City staff. The gateway wall located at Alvarado-Niles Road and Dyer (referred to as Gateway Wall A) is owned by Sywest Development. Since public funds cannot be used on Gateway Wall A, the ULPOA Directors will cover the cost of new landscaping at this wall. Gateway Walls B and C, located on Dyer at Courthouse Drive, are City-owned walls that were constructed by the Redevelopment Agency for the benefit of the entire shopping center.

On April 20, 2022, plans and specifications for the project were released and advertised for bids. Two (2) bids were received and opened on May 17, 2022, as noted on Attachment A, Bid Summary. The lowest responsive and responsible base bid submitted was $88,342, by Marina Landscape, Inc., of Orange, California.

The low bid is approximately 9% higher than the engineer’s construction base bid estimate. This increase may be related to the rise in inflation, labor and equipment costs, as wellas supply chain issues. Staff believes that the bids received were competitive since both bids were mostly in the $100,000-dollar range.

Following the standard practice of allocating a contingency amount to address any unforeseen conditions that may require additional work, the Public Works Department recommends about 8% for a construction contingency to ensure a successful project. In addition, an additional 2% of the construction costs is recommended to be set aside for design support during construction. The totalestimated cost for the construction phase is as follows:

Construction Contract $88,342
Contingency (8%) $7,067
Design Support (2%) $1,767
Total Construction Cost $97,176
Marina Landscape, Inc., has not performed work for Union City within the last five (5) years. Reference checks found their most recent work to be satisfactory. Staff recommends the award of the construction contract to Marina Landscape, Inc.

FISCAL IMPACT
The total project cost is $97,176 and will be funded as shown in the chart below:

Funding Source
2021-2022
State Gas Tax
Fund
General Fund –
Economic
Development
Total Project
Budget
Account Number
(2510-3199-
92123-54111)
(1110-6109-
41022-54110)
Construction Contract $65,000 $23,342 $88,342
City Council/RSA Agenda 22 Tuesday, June 28, 2022
Construction Contingency (8%) $7,067 $7,067
Design Contingency (2%) $1,767 $1,767
Totals $65,000 $32,176 $97,176

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authorizing the award of a construction contract to Marina Landscape, Inc., of Orange, California, in the amount of $88,342, funded with $65,000 of State Gas Tax funds and $32,176 of General Fund - Economic Development funds, for a total construction budget of $97,176, for the Union Landing Gateway Walls Improvements Project, City Project No. 21-23.

Prepared by:

Jose Gutierrez, Supervising Construction Inspector
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit A - Bid Summary Exhibit
City Council/RSA Agenda 23 Tuesday, June 28, 2022
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO MARINA LANDSCAPE, INC., IN THE AMOUNT OF $88,342, FUNDED WITH $65,000 OF STATE GAS TAX FUNDS AND $32,176 OF GENERAL FUND - ECONOMIC DEVELOPMENT FUNDS (FUND 1110), FOR A TOTAL, WITH CONTINGENCIES, OF $97,176, FOR THE UNION LANDING GATEWAY WALLS IMPROVEMENTS PROJECT, CITY PROJECT NO. 21-23
WHEREAS, on July 13, 2021, the City Council approved the levy and collection of annual assessment fees for the Union Landing Property and Business Improvement District (PBID) for FY 2021-2022, to fund activities in calendar year 2022 (Resolution No. 5802-21); and WHEREAS, on July 13, 2021, the City Council also approved the PBID Annual Report for FY 2021-2022, which identified the activities that would be funded and the assessments that would be levied to pay for those activities (Resolution No. 5801-21); and WHEREAS, The Union Landing Property Owners’ Association Board of Directors (ULPOA Directors) is responsible for managing PBID funds allocated for marketing services; and have spent a considerable amount of time focusing on marketing services and activities to improve the center; and

WHEREAS, the ULPOA Directors support the improvement of the gateway walls as the next phase of implementing the center’s new brand. Gateway wall improvements include the completed wall painting, installation of new signage and logo, and as proposed by this resolution installation of landscaping in areas in front of the walls; and WHEREAS, on April 20, 2022, plans and specifications for the project were released and advertised for bids. Two (2) bids were received and opened on May 17, 2022, as noted on Exhibit A, Bid Summary. The lowest responsive and responsible base bid submitted was $88,342, by Marina Landscape, Inc., of Orange, California; and
WHEREAS, although the low bid is approximately 9% higher than the engineer’s construction base bid estimate, staff believes that the bids received were competitive since both bids were mostly in the $100,000 dollar range; and
WHEREAS, a review of the firm’s qualifications finds Marina Landscape, Inc. to be an experienced and appropriately licensed contractor; and
WHEREAS, in addition to the contract award, staff also recommends allocating $7,067 for construction contingency and $1,767 for design support, totaling $97,176 for all constructionrelated costs; and WHEREAS, the construction cost is funded with $65,000 of State Gas Tax funds (Fund 2510) identified in the approved Fiscal Year 2021-22 and 2022-2023 Operating Budget; and City Council/RSA Agenda 24 Tuesday, June 28, 2022
WHEREAS, the remaining construction cost will be funded with $32,176 of General Fund – Economic Development funds (Fund 1110), totaling $97,176.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards the construction contract for the Union Landing Gateway Walls Improvements Project, City Project No. 21-23, to Marina Landscape, Inc, of Orange, California, in the amount of $88,342; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the construction budget, with contingencies and construction support, in the total amount of $97,176 for the Union Landing Walls Improvements Project, City Project No. 21-23, funded with $65,000 of State Gas Tax funds (2510-3199-92123-54111) and $32,176 of General Fund - Economic Development funds (1110-6109-41022-54110).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of June 2022, by the following vote:

City Council/RSA Agenda 25 Tuesday, June 28, 2022

BASE BID
ITEM No. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE UNIT PRICE AMOUNT UNIT PRICE AMMOUNT 1 Construction Fencing 1 LS 2400 $ 2,400.00 5200 $ 5,200.00 2 Traffic Control System 1 LS 18000 $ 18,000.00 25000 $ 25,000.003 Redwood Header 126 LF 17 $ 2,142.00 25 $ 3,150.004 Fine grading, soil prep & soil amendment 4145 SF 1.3 $ 5,388.50 1.9 $ 7,875.505 Bark Mulch 2622 SF 1.75 $ 4,588.50 1.75 $ 4,588.506 1-galon Shrubs 840 EA 15 $ 12,600.00 19 $ 15,960.007 Sod Groundcover 1510 SF 5 $ 7,550.00 6 $ 9,060.008 90-day Maintenance 4145 SF 1.4 $ 5,803.00 3 $ 12,435.009 Irrigation for Planting Areas 4145 SF 6 $ 24,870.00 9 $ 37,305.00 10 Irrigation Controller 1 EA 5000 $ 5,000.00 6800 $ 6,800.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 88,342.00 $ 127,374.00 $ 88,342.00 $ 127,374.00
Suarez & Munoz Construction, Inc.

CITY OF UNION CITY
34009 Alvarado Niles Road
Marina Landscape, Inc.
2021-22 Union Landing Gateway Walls Renovations
(City Proj. No. 21-23)

BID SCHEDULE
Grand Total (Base+Alt)
Total (Basis of Award)
City Council/RSA Agenda 26 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 10 TO EXTEND THE UNION

CITY TRANSIT FIXED-ROUTE AND DEMAND RESPONSE OPERATIONS

AND MAINTENANCE AGREEMENT WITH MV TRANSPORATION FOR
AN ADDITIONAL SIX MONTHS THROUGH DECEMBER 31, 2022
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Contract Amendment No. 10 to extend the Union City Transit Fixed-Route and Demand Response Operations and Maintenance Agreement with MV Transportation (MV) for an additional six months through December 31, 2022.

STRATEGIC PLAN ALIGNMENT
The adoption of this resolution is in response to unforeseen circumstances as a result of the COVID-19 pandemic and is thus not directly related to the City Council’s five-year Strategic Plan. However, it is generally consistent with GoalA of the Strategic Plan to foster fiscal health through cost control.

BACKGROUND
MV has been the operations and maintenance contractor for both Union City Transit and Paratransit since July 1, 2000. MV was awarded the operations and maintenance contract again after a request for proposal (RFP) process with a contract beginning October 3, 2009. Contract optional years and subsequent extensions now expire on June 30, 2022.

On June 6, 2022, MV sent a formal request to the City to continue its transportation partnership for an additional six (6) months. Their proposal includes for consideration:
• An overall 0.0% increase for the first six (6) months of FY 2023 with improved technology that will provide reporting functions and real time customer information.

City Council/RSA Agenda 27 Tuesday, June 28, 2022

DISCUSSION
Staff is presenting a proposal to extend the operations and maintenance contract with MV for an additional six (6) months in response to the ongoing COVID-19 pandemic. Staff is preparing a new RFP for a long-term operations and maintenance contractor but has had to continuously respond to a rapidly changing environment for transit service that has taken precedence over issuing the RFP. An extension enables staff to issue an RFP that enables potential bidders the ability to properly evaluate Union City Transit (Fixed-Route), Union City Paratransit (Demand Response), and the Union City Flea (Demand Response Microtransit) as a potential business, this includes MV.

For all Fixed-Route and Demand Response services, MV is paid a monthly flat fee as wellas a variable hourly fee for the actual hours of revenue service provided. MV has submitted a proposal that includes a 0.0% increase to the fixed monthly fees and a 0.0% increase to the variable rate fees, for an overall approximate cost increase of 0.0% for the duration of this six (6) month extension. Calculations in the table below are based on 21,000 Fixed-Route hours and 7,600 Demand Response hours while the increase is to keep Union City Transit drivers’ rates at competitive levels within the region to keep drivers while other operators are hiring to fill massive vacancies. The current and proposed rates are:

FY21
(July-Dec)
FY21
(Jan-June)
FY22
(July-Dec)
FY22
(Jan-June)
FY23
(July-Dec)
Fixed-Route
Monthly Fixed Fee $103,310 $113,538 $113,538 $118,549 $118,549 Variable (Hourly) Rate $47.60 $52.33 $54.32 $58.10 $58.10 Demand Response
Monthly Fixed Fee $21,451 $23,575 $23,575 $24,615 $24,615 Variable (Hourly) Rate $49.03 $53.88 $55.93 $59.77 $59.77 Annual Total $4,073,004 $4,662,192 $4,776,932 $5,066,672 $5,066,672* Six Month Extension Total $2,036,502 $2,331,096 $2,388,466 $2,533,336 $2,533,336* *MV’s offer letter in Attachment A does not disclose the number of service hours to be provided, but the offer amount is the same as the maximum hours of 21,000 for fixed-route and 7,600 for demand response.

MV will continue to adhere to the terms of the agreement from the current agreement that was approved by City Counciland signed in January 2022.

MV has continued to provide quality service for Union City. They have continued to operate in a safe and professional manner, have been responsive to the City’s requests and are a cooperative partner in the delivery of the City’s vital transit and paratransit services. By extending the agreement through December 31, 2022, the City will retain a responsible operator while staff administers an RFP process to select the next quality service provider for Union City Transit (Fixed-Route), Union City Paratransit (Demand Response), and the Union City Flea (Demand Response Microtransit).

FISCAL IMPACT
The total estimated costs for Contract Amendment No. 10 through December 31, 2022 are $2,533,336. The costs are based on six (6) months of service estimated at 21,000 service hours for Union City Transit (FixedRoute) and 7,600 service hours for Union City Paratransit (Demand Response) and Union City Flea (Demand Response Microtransit). Contract Amendment No. 10 will be funded with $1,931,394 from Account Number City Council/RSA Agenda 28 Tuesday, June 28, 2022
5110-3141-34002-54114 (Transit Fund – Transit – Transit Operations – Purchased Transportation Contract) and $601,942 from Account Number 5120-3141-34022-54114 (Paratransit Fund – Transit – Paratransit Operations – Purchased Transportation Contract). Funds for this contract were included in the FY 2022- 2023 Adopted Budgets of the Transit and Paratransit Funds. There will be no impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Contract Amendment No. 10 to extend the Union City Transit Fixed-Route and Demand Response Operations and Maintenance Agreement with MV Transportation for an additional six months through December 31, 2022.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment A -Amendment 10 Resolution
Resolution Resolution
City Council/RSA Agenda 29 Tuesday, June 28, 2022
CONTRACT AMENDMENT NO. 10 TO EXTEND THE UNION CITY

TRANSIT FIXED-ROUTE AND DEMAND RESPONSE OPERATIONS

AND MAINTENANCE AGREEMENT WITH MV TRANSPORTATION
FOR AN ADDITIONAL SIX MONTHS THROUGH DECEMBER 31, 2022
This Contract Extension to the Agreement between the City of Union City, California, hereinafter referred to as “City” and MV Transportation, Inc., hereinafter referred to as “Contractor” is dated this 28th day of June 2022.

WHEREAS, CITY and CONTRACTOR entered into a transportation services agreement on the 3rd day of October, 2009, hereinafter referred to as “Agreement”; and, WHEREAS, CITY and CONTRACTOR previously extended the Agreement through June 30, 2013, through June 30, 2016, through June 30, 2018, through June 30, 2020, through December 31, 2020, through June 30, 2021, through December 31, 2021, and again through June 30, 2022; and
WHEREAS, the current Agreement, as extended, expires on June 30, 2022; and, WHEREAS, CONTRACTOR has submitted a proposal to extend the Agreement for an additional six months through December 31, 2022; and,
WHEREAS, CITY and CONTRACTOR wish to mutually extend the Agreement through December 31, 2022;
NOW THEREFORE, CITY and CONTRACTOR hereby agree that the Agreement is amended to include the following particulars only:

1. Section 2. Time Period. This term of this Agreement is extended to include the term of July 1, 2022 – December 31, 2022.

2. Section 3, Maximum Obligation, through December 31, 2022, the maximum obligation shall not exceed $2,533,336 (Two Million Five Hundred Thirty-Three Thousand Three Hundred Thirty-Six Dollars). The maximum obligation is based on a fixed monthly cost for administration, an estimated 21,000 (Twenty-One Thousand) fixed-route revenue vehicle service hours and an estimated 7,600 (Seven Thousand Six Hundred) demand response revenue vehicle service hours.

3. Section 4, Price Formula, sub-section entitled Fixed-Route Service, is amended in part as follows:

Through December 31, 2022, there shall be a fixed cost payment of $118,549 (One Hundred Eighteen Thousand Five Hundred Forty-Nine Dollars) per month plus a fixed hourly rate per revenue vehicle service hour of $58.10 (Fifty-Eight Dollars and Ten Cents). The maximum obligation shall not exceed $1,931,394 (One DocuSign Envelope ID: 7DBB114D-ABDF-4904-B95C-2DE7CFDCA1AF City Council/RSA Agenda 30 Tuesday, June 28, 2022
Million Nine Hundred Thirty-One Thousand Three Hundred Ninety-Four Dollars).

4. Section 4, Price Formula, sub-section entitled Paratransit Service, is amended in part as follows:

Through December 31, 2022, there shall be a fixed cost payment of $24,615 (Twenty-Four Thousand Six Hundred Fifteen Dollars) per month plus a fixed hourly rate per revenue vehicle service hour of $59.77 (Fifty-Nine Dollars and Seventy-Seven Cents). The maximum obligation shall not exceed $601,942 (Six Hundred One Thousand Nine Hundred Forty-Two Dollars).

Except as expressly amended herein, all terms and conditions of the Agreement shall remain in full force and effect as originally executed, unless modified in writing signed by both parties.

Joan Malloy, City Manager Marie Meisenbach Graul, Executive CITY OF UNION CITY Vice President and Chief Financial Officer MV TRANSPORTATION, INC.

Date Date
Kristopher Kokotaylo, City Attorney Mark Collins, President and Chief Operating Officer
MV TRANSPORTATION, INC.

Date Date
ATTEST
Anna Brown, City Clerk
DocuSign Envelope ID: 7DBB114D-ABDF-4904-B95C-2DE7CFDCA1AF 6/22/2022
6/22/2022
City Council/RSA Agenda 31 Tuesday, June 28, 2022
MV Transportation, Inc. 2711 N Haskell Ave | Suite 1500 | Dallas, Texas 7502 June 6, 2022
Stephen Adams
Transit Manager, Union City Transit & On Demand Response Services 34650 Seventh Street
Union City, Ca 94587
RE: Contract extension of the Operation and Management of Union City Transit and Demand Response Services (07/01/2021 Through 12/31/2022) – MV Transportation, Inc.

Dear Mr. Adams,
Please accept this letter as MV Transportation’s request to extend our contract with Union City. As you are aware, our current contract terminates on June 30, 2022, marking the end of over twenty (20) consecutive successful years of MV’s service to the Union City Community. MV Transportation is requesting that the City review and consider the extension proposals outlined below. MV also understands that current circumstances with the COVID-19 pandemic continue to make it difficult to put the operation out to bid.

With that understanding, the rates fellow reflects MV’s willingness to work with Union City through the pandemic and continue the partnership in the future.

Current Proposed
1/1/2022 -
6/30/2022
7/1/2021 -
12/31/2022
Fixed Route Transit
Monthly Fee:

Variable (Hourly) rate:
$118,549.00
$ 58.10
$118,549.00
$ 58.10
On Demand Services
Paratransit/Microtransit Monthly Fee:

Variable (Hourly) rate:
$24,615.00
$ 59.77
$24,615.00
$ 59.77
Annual Total $2,633,336 $2,633,336
Dennis Shipman
MV Transportation, Inc.

Senior Vice President Business Development
214.490.2891
DocuSign Envelope ID: 7DBB114D-ABDF-4904-B95C-2DE7CFDCA1AF City Council/RSA Agenda 32 Tuesday, June 28, 2022
RESOLUTION NO. XXXX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 10

TO EXTEND THE UNION CITY TRANSIT FIXED-ROUTE AND DEMAND RESPONSE

OPERATIONS AND MAINTENANCE AGREEMENT WITH MV TRANSPORTATION FOR AN ADDITIONAL SIX MONTHS THROUGH DECEMBER 31, 2022
WHEREAS, City Council Resolution 3855-09 approved a Contract Agreement between the City of Union City and MV Transportation to provide the operations and maintenance of Union City Transit and Union City Paratransit beginning October 3, 2009; and WHEREAS, the City Council previously extended the Contract Agreement through June 30, 2013 with Resolution 4269-12, through June 30, 2016 with Resolution 4435-13, through June 30, 2018 with Resolution 4778-15, through June 30, 2020 with Resolution 5216-18, through December 31, 2020 with Resolution 5592-20, through June 30, 2021 with Resolution 5691-20, through December 31, 2021 with Resolution 5759-21, and again through June 30, 2022 with Resolution 5877-22; and
WHEREAS, the current Contract Agreement Extension (Contract Amendment No. 9) expires on June 30, 2022; and
WHEREAS, MV Transportation has submitted a proposal to extend the Contract Agreement for an additional six months through December 31, 2022; and WHEREAS, the City of Union City and MV Transportation mutually wish to extend the Agreement (Contract Amendment No. 10) through December 31, 2022; and WHEREAS, Contract Amendment No. 10 will be funded with $1,931,394 from Account Number 5110-3141-34002-54114 (Transit Fund – Transit – Transit Operations – Purchased Transportation Contract) and $601,942 from Account Number 5120-3141-34022-54114 (Paratransit Fund – Transit – Paratransit Operations – Purchased Transportation Contract). Funds for this contract were included in the FY 2022-2023 Adopted Budgets of the Transit and Paratransit Funds.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute Contract Amendment No. 10 with MV Transportation through December 31, 2022, funded with $1,931,394 from Transit Fund Account Number 5110-3141-34002-54114 and $601,942 from Paratransit Fund Account Number 5120- 3141-34022-54114; and
BE IT FURTHER RESOLVED that the Contract Agreement is amended in the following particulars only:

1. Section 2. Time Period. The term of this Agreement is extended to include the term of July 1, 2022 through December 31, 2022.

City Council/RSA Agenda 33 Tuesday, June 28, 2022
Resolution No. XXXX-22

2. Section 3. Maximum Obligation. The maximum obligation through December 31, 2022, shall not exceed $2,533,336 (Two Million, Five Hundred Thirty-Three Thousand, Three Hundred Thirty-Six Dollars). The maximum obligation is based on a fixed monthly cost for administration, an estimated 21,000 (Twenty-One Thousand) fixed-route revenue vehicle service hours and an estimated 7,600 (Seven Thousand, Six Hundred) demand response revenue vehicle service hours.

3. Section 4. Price Formula. The sub-section entitled Fixed-Route Service, is amended, in part, as follows:

Through December 31, 2022, there shall be a fixed cost payment of $118,549 (One Hundred Eighteen Thousand, Five Hundred Forty-Nine Dollars) per month plus a fixed hourly rate per revenue vehicle service hour of $58.10 (Fifty-Eight Dollars and Ten Cents). The maximum obligation shall not exceed $1,931,394 (One Million, Nine Hundred Thirty-One Thousand, Three Hundred Ninety-Four Dollars).

4. Section 4. Price Formula. The sub-section entitled Paratransit Service, is amended, in part, as follows:

Through December 31, 2022, there shall be a fixed cost payment of $24,615 (Twenty-Four Thousand, Six Hundred Fifteen Dollars) per month plus a fixed hourly rate per revenue vehicle service hour of $59.77 (Fifty-Nine Dollars and Seventy-Seven Cents). The maximum obligation shall not exceed $601,942 (Six Hundred One Thousand, Nine Hundred Forty-Two Dollars).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of June 2022, by the following vote:

City Council/RSA Agenda 34 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

DECLARE A PARATRANSIT VAN AS SURPLUS AND DISPOSE OF IT

PURSUANT TO THE PROVISIONS OF THE UNION CITY MUNICIPAL CODE Staff recommends that the City Council adopt a resolution authorizing the City Manager to declare a paratransit van as surplus and dispose of it pursuant to the provisions of the Union City Municipal Code.

STRATEGIC PLAN ALIGNMENT
This action is not an identified strategy in the Strategic Plan.

BACKGROUND
The Transit Division has a paratransit van that has exceeded its useful life of seven (7) years per the Federal Transit Administration (FTA) guidelines, the vehicle has been fully depreciated, and its replacement is on order with an expected delivery date in early August 2022.

Year Make Model VIN/Serial # City Unit
#
Mileage
2009 Starcraft Allstar 1FD4E45S78DB60204 691 191,596

DISCUSSION
The above-listed 13-year-old paratransit van is determined to be no longer suitable due to its poor condition, age of the vehicle and estimated costs to repair. Any repair estimate for the vehicle to keep it in service would exceed the estimated amount expected from auction.

City Council/RSA Agenda 35 Tuesday, June 28, 2022
Pursuant to provisions of Union City’s Municipal Code Section 2.32.130, staff shall report to City Council regarding the disposition of surplus equipment. Such sales of surplus equipment may be made by auction.

Any money received from the auction of the vehicle will be deposited to the Transit vehicle replacement account.

Any money received in excess of $5,000 will require notifying the FTA and possibly refunding them any amount in excess of this threshold. This threshold is also a determining factor in whether to replace a vehicle or repair a vehicle.

FISCAL IMPACT
There will be no impact to the City’s General Fund. Pursuant to the provisions of Union City’s Municipal Code Section 2.32.130, surplus equipment may be prepared for sale. Proceeds from the sale will be credited to the Transit vehicle replacement account to be available for future vehicle and/or equipment replacements.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to declare a paratransit van as surplus and dispose of it pursuant to the Union City Municipal Code.

Prepared by:

Flore Mountsambote, Assistant Transit Planner
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution - Paratransit Van Resolution
City Council/RSA Agenda 36 Tuesday, June 28, 2022
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO DECLARE A PARATRANSIT VAN

AS SURPLUS AND DISPOSE OF IT PURSUANT TO

THE UNION CITY MUNICIPAL CODE
WHEREAS, there has been presented to the City Council of the City of Union City one (1) city paratransit vehicle (van) from the Transit Division which has reached the end of its usable service life and is no longer in use by the City of Union City; Year Make Model VIN/Serial # City Unit # Mileage
2009 Starcraft Allstar 1FD4E45S78DB60204 691 191,596
and
WHEREAS, said 13-year-old vehicle has been declared unusable and surplus by the City Council of the City of Union City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City authorizes the City Manager to declare a certain vehicle as surplus and dispose of it in accordance with the provisions of Union City Municipal Code Section 2.32.250; and BE IT FURTHER RESOLVED that said vehicle will be sent to auction with the proceeds funding future Transit procurements.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City, this 28th day of June, 2022, by the following vote:

City Council/RSA Agenda 37 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION TO RESCHEDULE THE PUBLIC HEARING DATE FOR THE RENEWAL OF THE 2022-23 CITYWIDE LANDSCAPE & LIGHTING DISTRICT NO. 3 (LLAD NO.3) FROM JUNE 28, 2022 TO JULY 12, 2022
Staff recommends that the City Counciladopt the attached Resolution to reschedule the public hearing date for the renewal of the 2022-23 Citywide Landscape & Lighting District No. 3 (LLAD No. 3) from June 28, 2022 to July 12, 2022.

This public hearing is being rescheduled because the required 10-day published notice deadline was inadvertently missed.

STRATEGIC PLAN ALIGNMENT
Renewal of the Landscape and Lighting District is an annual action that is required to continue the assessment for the maintenance of landscape and lighting throughout the City. There is no direct alignment with the Strategic Plan.

BACKGROUND
In accordance with the Landscape and Lighting Act of 1972 and the California Government Code, the City Council is required to conduct a public hearing regarding the levy of assessments for the upcoming fiscal year.

Pursuant to state law, the City must publish a hearing notice, accept the annual Engineer's Report, and conduct a public hearing.

At its meeting of May 10, 2022, City Council reviewed the draft Engineer’s Report and authorized staff to send out the public hearing notice a minimum of 10-days prior to the previously scheduled public hearing date of June 28, 2022. Unfortunately, the notice deadline was missed.

City Council/RSA Agenda 38 Tuesday, June 28, 2022

DISCUSSION
The services provided through this assessment district are described in the preliminary Engineer’s report that was presented to the City Council on May 10, 2022. These services include, but are not limited to, maintaining public landscaping, traffic signals and street lighting.

By the attached Resolution, and pursuant to State law, on July 12, 2022, the City Council is to hold a public hearing regarding the proposed district and assessments. Following the public hearing, the City Council may take action to amend the Engineer's Report, overrule minority protests, and order the levy of assessments.

FISCAL IMPACT
A detailed description of the fiscal impact was provided on the May 10, 2022 meeting at which the preliminary Engineer’s report was approved. To summarize, the base assessment levy is proposed to remain at the assessment rate of $90.19 per parcel for single family residential, the same assessment rate as in the previous twenty-four (24) years since the formation of the District in 1996.

The total net assessment amount is expected to generate $2,673,6424 of revenue to be applied against $4,606,153 of eligible costs. This will leave a maintenance funding shortfall of $1,932,511 which will be covered by the General fund.

As noted in the Engineer’s Report, the City would need to conduct an assessment ballot procedure to enable the property owners to express their support for or opposition to any proposed increase in the assessment amount.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to reschedule the public hearing date for the renewal of the 2022-23 Citywide Landscape & Lighting District No. 3 (LLAD No. 3) from June 28, 2022 to July 12, 2022.

Prepared by:

Farooq Azim, City Engineer
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 39 Tuesday, June 28, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

TO RESCHEDULE THE PUBLIC HEARING DATE FOR THE RENEWAL OF THE 2022-23 CITYWIDE LANDSCAPE & LIGHTING DISTRICT NO. 3 (LLAD NO.3) FROM JUNE 28, 2022 TO JULY 12, 2022
WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City’s Landscape and Lighting Maintenance District No. 3 (the “District”); and WHEREAS, the City has retained NBS for the purpose of assisting Public Works Staff with the annual levy of the Assessment District, and to prepare and file an Annual Report.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS:

1. Intention: The Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2022 and ending June 30, 2023. The Council finds that the public’s best interest requires such action.

2. Improvements: The Improvements include, but are not limited to, the operating, maintaining and servicing of all the public landscaping improvements, consisting of plant materials, shrubs, trees, ground cover, irrigation systems, pathways, hardscapes, walls, fences, street lighting, traffic signals and associated appurtenant facilities. Operating, maintaining and servicing include, but is not limited to, personnel, materials, electrical energy and water. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and satisfactory condition.

3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference.

4. Annual Report: Reference is made to the Annual Report prepared by Public Works Staff and NBS, on file with the Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within the District.

5. Notice of Public Hearing: The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act.

All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on July 12, 2022 at 7:00 pm or as soon thereafter as is feasible in the Council Chambers located at City Hall, 34009 Alvarado-Niles Road, Union City. The Council further orders the Clerk to publish notice of this resolution in accordance with Section 22626 of the Act.

City Council/RSA Agenda 40 Tuesday, June 28, 2022

6. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that previously approved by the property owners (as “increased assessment” is defined in Section 54954.6 of the Government Code).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on June 28, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________________
Carol Dutra-Vernaci
Mayor
ATTESTED: APPROVED AS TO FORM:
__________________________________ ________________________________ Anna M. Brown Kristopher J. Kokotaylo
City Clerk Deputy City Attorney
City Council/RSA Agenda 41 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE UNION LANDING

PROPERTYOWNERS' ASSOCIATION TO ENTER INTO AN AGREEMENT

WITH ZOOKA CREATIVE, IN A FORM APPROVED BY THE CITY
ATTORNEY, IN AN AMOUNT NOT TO EXCEED $123,000, FOR

MARKETING SERVICES FOR THE UNION LANDING SHOPPING
CENTER
On June 9, 2022, a special Board Meeting was held with the Union Landing Property Owners' Association ("ULPOA") Board of Directors who approved a proposal (Exhibit A) in the amount of $123,000 with Zooka Creative (“Zooka”) to continue to provide marketing services for the Union Landing Shopping Center. These services include web site management, social media, marketing, promotions services, and other technological support. Since the City receives the Union Landing Property and Business Improvement District ("ULPBID") assessments and manages them for the ULPOA, the City must approve the expenditure of these funds. Due to the amount of the agreement exceeding $75,000, this action has been referred to the City Council. Staff recommends that the City Counciladopt the attached resolution (Attachment 1) approving the resolution authorizing the ULPOA to enter into an agreement with Zooka for marketing services for Union Landing Shopping Center.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal C, Strategy 4: Enhance the City’s partnership with Union Landing property owners and tenants to grow the vitality of the business district and revenue to the City.

BACKGROUND
The ULPBID generates approximately $202,500 annually for marketing services. For FY 22-23, as part of the City Council/RSA Agenda 42 Tuesday, June 28, 2022
annual budget approval, the ULPOA Board of Directors approved the following to support marketing services: increase the marketing budget by the allowed 4%; authorize another one-time $50,000 contingency; and to continue web site management, social media, marketing, and promotions services.

Since the City receives the ULPBID assessments and manages them for the ULPOA, the City must approve the expenditure of these funds. Due to the amount of the agreement exceeding $75,000, this action has been referred to the City Council.

DISCUSSION
The ULPOA, at a special Board Meeting that took place on June 9, 2022, approved renewal of the Zooka agreement to provide marketing services for the Union Landing Shopping Center. Zooka's scope of work includes the following:

Marketing Services - business outreach, website management and promotions, social media, analytics and monthly newsletters;
Paid Media and Sweepstakes Prizes; and
Technology - website hosting, domain registry and licensing fees.

For a more detailed overview, see attached Zooka scope of work (Exhibit A) The ULPOA Board of Directors will manage the Zooka agreement with assistance from staff from the Economic and Community Development Department.

FISCAL IMPACT
There is no fiscal impact to the General Fund by authorizing the agreement between the ULPOA and Zooka Creative for marketing services for the term ending June 30, 2023. The City maintains all funds collected pursuant to the ULPBID assessment and ensures that such funds are accounted for separately from the City’s General Fund. The FY 22/23 annual revenue to be collected for marketing services is approximately $202,505, which is sufficient to cover the Zooka agreement. In addition, the ULPOA has approximately $234,006 dollars in surplus funds that have rolled over from previous years that can be used to supplement any marketing activities.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment 1) authorizing the ULPOA to enter into an agreement with Zooka Creative, in a form approved by the City Attorney, in an amount not to exceed $123,000, for marketing services for the Union Landing Shopping Center.

Prepared by:

Gloria Ortega, Economic Development Manager
Submitted by:

City Council/RSA Agenda 43 Tuesday, June 28, 2022
Gloria Ortega, Economic Development Manager
ATTACHMENTS:

Description Type
Resolution - Zooka Creative/ULPOA Resolution
Exhibit A - Zooka Creative Scope of Work Exhibit
City Council/RSA Agenda 44 Tuesday, June 28, 2022
CITY COUNCIL RESOLUTION NUMBER XXXX-22

RESOLUTION AUTHORIZING THE UNION LANDING PROPERTY OWNERS

ASSOCIATION TO ENTER INTO AN AGREEMENT WITH ZOOKA CREATIVE FOR

MARKETING SERVICES FOR THE UNION LANDING SHOPPING CENTER, IN A

FORM APPROVED BY THE CITY ATTORNEY, IN AN AMOUNT
NOT TO EXCEED $123,000
WHEREAS, On June 28, 2022, the City Council adopted Resolution number _____-22 to renew the Union Landing Property and Business Improvement District (“ULPBID”) to levy and collect assessment for FY 2022-2023 in accordance with the provisions of the Property and Business Improvement District Law of 1994, California Streets and Highways Code section 36600 et seq.;
WHEREAS, the ULPBID Management District Plan identified the Union Landing Property Owners Association (“ULPOA”,) as the owner’s association for the ULPBID and established the duties and responsibilities of the ULPOA with regard to management of the ULPBID;
WHEREAS, the mission of the ULPOA, is to create and promote a high quality entertainment and shopping environment in the Union Landing center, to protect the safety of its visitors and provide businesses within the shopping center with valuable marketing efforts; WHEREAS, the ULPBID includes an annual assessment of approximately $202,505 for contractual marketing services for the five-year PBID term from FY 20-21 through FY 24-25. In addition, the ULPOA has approximately $234,006 dollars in surplus funds to support marketing efforts that were rolled over from previous years;
WHEREAS, the ULPOA Board of Directors approved a proposal, labeled Exhibit A, attached hereto and made a part hereof, in the amount of $123,000 with Zooka Creative to continue to provide marketing services for the Union Landing Shopping Center including web site management, social media, marketing, and promotions services through June 30, 2023; and WHEREAS, since the City receives the Union Landing Property and Business Improvement District (ULPBID assessments and manages them for the ULPOA the City must approve the expenditure of these funds.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City authorizes the ULPOA to enter into an agreement with Zooka Creative for marketing services as described in Exhibit A for the Union Landing Shopping Center, in a form approved by the City Attorney, in an amount not to exceed $123,000.

City Council/RSA Agenda 45 Tuesday, June 28, 2022
City Council Resolution No. XXXX-22
Union Landing PBID

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28 day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
______________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 46 Tuesday, June 28, 2022
Exhibit A
Zooka Creative
Union Landing Property Owners Association
Scope of Work FY 2022/23
This Scope of Work is hereby incorporated as a statement of work into the Consulting Agreement dated July 1st 2022 (the “Agreement”) by and between Union Landing Property Owners Association on behalf of the Union Landing Property Owners Association (“Client”) and Zooka Creative Corp. with offices at 800 W. El Camino Real, Suite 180, Mountain View, CA 94040 This project promotes visitors to Union Landing from July 1, 2022, to June 30th, 2023 City Council/RSA Agenda 47 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE SIXTHAMENDMENT TO THE

CONSULTING SERVICES AGREEMENT WITH ROMA
COLLABORATIVE, IN THE AMOUNT OF $245,720, FOR THE BART
PEDESTRIAN AT-GRADE CROSSING PROJECT, CITY PROJECT NO. 14-14, FOR A TOTAL CONTRACTAMOUNT OF $624,280
Staff recommends that the City Council adopt a resolution approving the Sixth Amendment to the Consulting Services Agreement with ROMA Collaborative, in the amount of $245,720, for the BART Pedestrian AtGrade Crossing, City Project No. 14-14, for a totalamount of $624,280.

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 C, Strategy 2: Economic, Community Development and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, upgrades to the BART Station and completion of the Pedestrian Rail Crossing and the sale and development to of City-owned land.

BACKGROUND
The mission of Alameda County Transportation Commission (Alameda CTC) is to plan, fund and deliver transportation programs and projects that expand access and improve mobility to foster a vibrant and livable Alameda County. Alameda CTC coordinates transportation efforts; programs local, regional, state, and federal funding; and delivers projects and programs including those approved by voters in Alameda County transportation expenditure plan (TEP) for Measure B, Measure BB and Vehicle Registration Fee (VRF) funds City Council/RSA Agenda 48 Tuesday, June 28, 2022
On November 13, 2014, the City Counciladopted Resolution No. 4654-14 which authorized the City Manager to execute a Project Funding Agreement (PFA) A13-0058 with Alameda CTC in the amount of $5,730,000 of VRF Grant Funds contributing to the BART Station, Phase 2 Project and Pedestrian Railroad At-Grade Crossing, City Project No. 14-14, estimated at $16,914,974, and funded with other federal transit and local grants.

On July 23, 2013, the City Council of Union City under Resolution No. 4475 authorize the City Manager to entered into a Consulting Services Agreement (the "Agreement"), C3567 with ROMA Design Group (sometimes referred to as "Parties") to provide construction support services for BART Phase 2, City Project No. 10-06 in the amount of $360,000 and with optional design services for BART Pedestrian A-Grade crossing across the Union Pacific (UP) railroad tracks (Oakland Subdivision), City Project No. 14-14, in the amount of $87,350.

On September 8, 2015, the Parties had previously entered into First Amendment to the Agreement (the "First Amendment"), C3567a to expand Scope of Work to develop architectural plan and section for BART Pedestrian At-Grade Crossing, City Project 14-14, which will connect to the proposed Union City BART Station east entrance and Transit Loop Road, in the amount of $116,490.

On September 12, 2017, the Parties has previously entered into the Second Amendment to the Agreement (the “Second Amendment”), C3567b to expand the Scope of Work for completion of the construction documents for the architectural portions BART Pedestrian At-Grade Crossing, City Project No. 14-14, in the amount of $20,000.

On February 13, 2018, the Parties previously entered into the Third Amendment to the Agreement (the “Third Amendment”), C3567c to revise and update the project plans for BART Pedestrian At-Grade Crossing, City Project No. 14-14, to incorporate Union Pacific comments in the amount of $134,720.

On May 14, 2019, the City Council of Union City under Resolution No. 5475-19 authorized the Fourth Amendment, C3567d to Consulting Service Agreement with ROMA Design Group for BART Pedestrian AtGrade Crossing, City Project No. 14-14, in the amount of $20,000.

On June 24, 2019, City also executed a Novation Agreement with ROMA Design Group and ROMA Collaborative, that renewed some of the provisions of the old agreement between ROMA Design Group and the City and transferred all rights, benefits and obligations to ROMA Collaborative. The only amendment to the contract executed solely between the City and ROMA Collaborative was the Fifth Amendment, C3567a dated August 2019, which extended the agreement through December 31, 2022.

DISCUSSION
The BART Phase 2A Project was completed in December 2022 and since then Union Pacific Railroad continue to coordinate with Union City on the BART Pedestrian At-Grade Crossing including the recent installation of concrete railroad ties at the location of the at-grade crossing.

The Sixth Amendment with ROMA Collaborative, in the amount of $245,720, will include completion of the Final Plans and Specifications including architectural and landscape details, the railing and fencing details, coordination with HDR, incorporating the City, BART and Union Pacific Railroad comments, and providing design support services during construction for BART Pedestrian At-Grade Crossing Project, City Project No. 14-14
Construction is anticipated to begin in the late 2022, following the approval of plans by Union Pacific Railroad Company (UPRR) with completion anticipated in 2023.

City Council/RSA Agenda 49 Tuesday, June 28, 2022

FISCAL IMPACT
The total cost for Sixth Amendment to the Consultant Services Agreement with ROMA Collaborative for the additional architectural and landscape design work for the At-Grade Crossing Project, City Project No. 14-14, is $245,720 and will be funded with Public Improvement Fund (Account Number 4160-3199-91414-54110) identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2021/22 to Fiscal Year 2025/26. This additionalcost will bring the totalcontract amount to $624,280.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving Sixth Amendment to the Consulting Services Agreement with ROMA Collaborative, in the amount of $245,720, for the BART Pedestrian AtGrade Crossing Project, City Project 14-14, for a totalcontract amount of $624,280.

Prepared by:

Farooq Azim, City Engineer
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment A -Amendment 6 Attachment
Resolution Resolution
City Council/RSA Agenda 50 Tuesday, June 28, 2022
City Council/RSA Agenda 51 Tuesday, June 28, 2022
City Council/RSA Agenda 52 Tuesday, June 28, 2022
City Council/RSA Agenda 53 Tuesday, June 28, 2022
City Council/RSA Agenda 54 Tuesday, June 28, 2022
City Council/RSA Agenda 55 Tuesday, June 28, 2022
City Council/RSA Agenda 56 Tuesday, June 28, 2022
RESOLUTION NO._____________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ADOPT A RESOLUTION APPROVING THE SIXTH AMENDMENT TO THE

CONSULTING SERVICES AGREEMENT WITH ROMA COLLABORATIVE,
IN THE AMOUNT OF $245,720, FOR

BART PEDESTRIAN AT-GRADE CROSSING PROJECT,
CITY PROJECT NO. 14-14, FOR A CONTRACT TOTAL AMOUT OF $624,280 WHEREAS, the mission of Alameda County Transportation Commission (Alameda CTC) is to plan, fund and deliver transportation programs and projects that expand access and improve mobility to foster a vibrant and livable Alameda County. Alameda CTC coordinates transportation efforts; programs local, regional, state, and federal funding; and delivers projects and programs including those approved by voters in Alameda County transportation expenditure plan (TEP) for Measure B, Measure BB and Vehicle Registration Fee (VRF) funds; and WHEREAS, on November 13, 2014, the City Council adopted Resolution No. 4654-14 which authorized the City Manager to execute a Project Funding Agreement (PFA) A13-0058 with Alameda CTC in the amount of $5,730,000 of VRF Grant Funds contributing to the BART Station, Phase 2 Project and Pedestrian Railroad At-Grade Crossing, City Project No. 14-14, estimated at $16,914,974, and funded with other federal transit and local grants; and WHEREAS, on July 23, 2013 the City Council of Union City authorized the City Manager, Reso. 4475-13 to execute a Consulting Service Agreement, C3567 with ROMA Design Group (ROMA) to provide construction support services for the BART Phase 2 project in the amount of $360,000 and for the optional design services for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14 in the amount of $87,350 and WHEREAS, on September 08, 2015 the City Council of Union City under Resolution No. 4784-15 approved the First Amendment, C3567a of the Consulting Service Agreement for ROMA Design Group to prepare construction drawings for the At-Grade Pedestrian Crossing, City Project No. 14-14 in the amount of $116,490; and

WHEREAS, on September 12,2017 the City of Union City under Resolution No. 5126- 17 approved Second Amendment to the Agreement (the “Second Amendment”), C3567b to the Consulting Service Agreement with ROMA Design Group to expand the Scope of Work for completion of the construction documents for the architectural portions BART Pedestrian AtGrade Crossing, City Project No. 14-14 in the amount of $20,000; and WHEREAS, on February 13, 2018 the City Council under Resolution No. 5179-18 authorized the City Manager to enter into Third Amendment, C3567c to the Consulting Service Agreement with ROMA Design Group to revise and update the project plans for BART Pedestrian At-Grade Crossing, City Project No. 14-14 to incorporate Union Pacific comments in the amount of $134,720; and
WHEREAS, on May 14, 2019 the City Council of Union City under Resolution No. 5475-19 authorized the Fourth Amendment, C3567d to Consulting Service Agreement with ROMA Design Group for BART Pedestrian At-Grade Crossing, City Project No. 14-14 in the amount of $20,000; and
City Council/RSA Agenda 57 Tuesday, June 28, 2022
WHEREAS, on June 24, 2019, City also executed a Novation Agreement with ROMA Design Group and ROMA Collaborative, that renewed some of the provisions of the old agreement between ROMA Design Group and the City and transferred all rights, benefits, and obligations to ROMA Collaborative and the only amendment to the contract executed solely between the City and ROMA Collaborative was the Fifth Amendment, C3567e dated August 2019, which extended the agreement through December 31, 2022; and WHEREAS, the Sixth Amendment with ROMA Collaborative in the amount of $245,720 will include completion of the Final Plans and Specifications including architectural and landscape details, the railing and fencing details, coordination with HDR, incorporating the City, BART, and Union Pacific Railroad comments, and providing design support services during construction for BART Pedestrian At-Grade Crossing Project, City Project No. 14-14; and
WHEREAS, the Sixth Amendment with ROMA Collaborative in the amount of $245,720 will be funded with Public Improvement Fund (Account Number 4160-3199-91414- 54110) identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2021/22 to Fiscal Year 2025/26; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the use of $245,720 from the budgeted Five-Year Capital Improvement Funds (Fund 4160) for Fiscal Year 2021/2022 to Fiscal Year 2025/2026 for Sixth Amendment to the Consulting Service Agreement with ROMA Collaborative for the design revisions of the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14; and BE IT FURTHER T RESOLVED that the City Council of the City of Union City does hereby authorizes the City Manager to execute the Sixth Amendment to Contracts C3567, C3567a, C3567b, C3567c, C3567d and C3567e with ROMA Collaborative of San Francisco, CA, which increases the current contracts by $245,720, bringing the total contract amount to $624,280 to assist Public Works with the completion of the BART Pedestrian At-Grade Crossing Project, City Project 14-14.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of June 2022, by the following vote:
[NEED TO ADD SIGNATURE BLOCKS]
City Council/RSA Agenda 58 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZATING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 1, IN THE AMOUNT OF
$99,400, WITH CSG CONSULTANTS, INC., FOR MUNICIPAL

PROGRAMMING AND PROJECT MANAGEMENT SERVICES, FOR A
TOTAL CONTRACT AMOUNT OF $314,400
Staff recommends that the City Counciladopt the attached Resolution authorizing the City Manager to execute Contract Amendment No. 1 in the amount of $99,400 with CSG Consultants, Inc. for Municipal Programming and Project Management Services for a totalcontract amount of $314,400.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
At the September 8, 2020, City Council Meeting the City Council, under Resolution No. 5649-20, approved a List of Qualified Consultants from an On-Call Professional Engineering Services Request for Proposal, released in July 2020. The firm, CSG Consultants, Inc., of Pleasanton, CA, is on the List of Qualified Consultants.

At the September 22, 2020, City Council Meeting, the City Council passed Resolution No. 5665-20, approving a Consulting Services Agreement (C5464) with CSG Consultants, Inc., in the amount of $215,000, for Municipal Programming and Project Management Services, which included the review and issuance of Encroachment Permits.

City Council/RSA Agenda 59 Tuesday, June 28, 2022

DISCUSSION
Periodically, there has been a need for engineering resources to assist the Engineering Division to ensure required permits such as Encroachment, Grading and Transportation continue during times when workload is especially heavy and when the services being utilized are specialized and beyond the capacity of existing staff.

The On-Call List of Qualified Consultants allows the Engineering Division access to those resources when needed.

For about two years, CSG Consultants, Inc. staff have been instrumental is assisting the Engineering Division with the review, coordination and approval of Encroachment Permits required by utility companies and development contractors who construct utility, traffic signal, roadway, or sidewalk improvements within the City’s public rights-of-way to ensure that proposed improvements meet the City’s design criteria and standard details. This permit process also includes the plan review to ensure that the contractors comply to Alameda County’s Clean Water Program with details showing protection of existing storm drain inlets from debris during construction. During this time, the City has issued about 640 Encroachment Permits totaling over $900,000, allowing the Engineers to focus on Capital Improvement Program (CIP) projects, reporting, various meetings, and responding to public inquiries.

Amendment No. 1, in the amount of $99,400, will allow CSG Consultants, Inc. to continue to help with Encroachment Permits, design support for pavement overlay projects, and plan review support of City facility projects

FISCAL IMPACT
Amendment No. 1 to the Consulting Services Agreement with CSG Consultants, Inc., will enable them to continue to assist with Encroachment Permits, design support for overlay projects, and plan review for City facility project plans. The cost for these services is $99,400 and will be funded with $29,820 (30%) from the General Fund (Account Number 1110-3103-33003-54110), $19,880 (20%) from the Clean Water Fund (Account Number 2580-3199-33041-54110) and $49,700 (50%) from the Gas Tax Fund (Account Number 2510-3103-33003-54110).

Revenues generated from the issuance of Encroachment Permits are deposited into the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Contract Amendment No. 1 in the amount of $99,400 with CSG Consultants, Inc. for Municipal Programming and Project Management Services for a totalcontract amount of $314,400.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
City Council/RSA Agenda 60 Tuesday, June 28, 2022
ATTACHMENTS:

Description Type
Attachment A -Amendment 1 Attachment
Resolution - CSGContract Amendment No. 1 Resolution
City Council/RSA Agenda 61 Tuesday, June 28, 2022

FIRST AMEMDMENT TO THE

CONSULTING SERVICES AGREEMENT
THIS FIRST AMENDMENT (the “First Amendment”) is effective as of this 28th day of June 2022 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and CSG Consultants, Inc. ("Consultant"), collectively referred to as the "Parties".

W I T N E S S E T H:

WHEREAS, on September 22, 2020, the Parties entered into a Consulting Services Agreement, C5464 (the “Agreement”) for Municipal Programming and Project Management and Consultant agreed to provide the City with services for the Engineering Division; and WHEREAS, the Parties desire to amend the Agreement to further clarify the scope of services to be provided by the Consultant and increase the compensation to be paid by City to Consultant to reflect the change in the scope of services; and
WHEREAS, the City and Consultant desires to enter into this First Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. The term of the Agreement as set forth in the first sentence of Section 1.1, “Term of Services,” is hereby extended to June 30, 2023.

2. The services to be performed by Consultant, as set forth in Section 1, “Services,” Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this First Amendment, attached hereto and incorporated herein by reference.

3. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of ninety-nine thousand and four hundred dollars ($99,400). The total compensation under the Agreement, including this Amendment, shall not exceed a total amount of three hundred and fourteen thousand and four hundred dollars ($314,400). The first sentence of Section 2 is hereby amended to read as follows:

City hereby agrees to pay Consultant a sum not to exceed three hundred and fourteen thousand and four hundred dollars ($314,400), notwithstanding any contrary indications that may be contained in Consultant' s proposal, for services to be performed and reimbursable costs incurred under this Agreement.

4. All other provisions of the Agreement remain in full force and effect, except as modified by this First Amendment.

IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.

City Council/RSA Agenda 62 Tuesday, June 28, 2022
First Amendment to the Contractual Services Agreement
CSG Consultants, Inc.

THE CITY OF UNION CITY CSG CONSULTANTS, INC.

By By
Joan Malloy, Hatem Ahmed,
City Manager Vice President, Engineering
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 63 Tuesday, June 28, 2022
First Amendment to the Contractual Services Agreement
CSG Consultants, Inc.

EXHIBIT A
First Amendment to the Contractual Services Agreement for CSG Consultants, Inc.
for
Project Management Services
TASK 1: Municipal Programming
CSG will provide the following:

Catherine Chan, EIT (Associate Engineer) to assist the City with encroachment permit services including but not limited to review of construction plans, traffic control measures, and bond requirements. Catherine is expected to assist the City up to 8 hours a week at an hourly rate of $180/hour from July 1st, 2022, until June 30th, 2023.

Task 1 Cost: $77,400
TASK 2: Plan Review Support and Code Compliance Assistance CSG will provide mechanical, electrical, and plumbing (MEP) plan review and code compliance assistance for City Facility Projects. Hal Williams, PE will lead the CSG team and will be assisted by building planner staff at the rates of $240/hour and $180/hour, respectively.

Task 2 Cost: $ 4,000
TASK 2: Project Management/Engineering Design
CSG will provide the following:

CSG will continue offering design support services for the design of Decoto Road improvements, including the completion of existing plans for roadway rehabilitation, striping, and curb ramp type selection. The plans will include updates in accordance with other work currently proposed within the corridor. Hal Williams, PE will lead the CSG team and will be assisted by Cesar Caronongan at the rates of $240/hour and $180/hour, respectively.

Task 2 Cost: $18,000
Total Cost – Contract Amendment #1: $99,400
5125151.1
City Council/RSA Agenda 64 Tuesday, June 28, 2022
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 1, IN THE AMOUNT $99,400, WITH CSG CONSULTANTS, INC., FOR

MUNICIPAL PROGRAMMING AND PROJECT MANGEMENT SERVICES, FOR A TOTAL CONTRACT AMOUNT OF $314,400
WHEREAS, the Engineering Division periodically has the need for professional consulting services to ensure that required work continues during times when workload is especially heavy or when the services being utilized are specialized and beyond the capacity of existing staff; and
WHEREAS, at the September 8, 2020, City Council Meeting, the City Council, under Resolution No. 5649-20, approved a List of Qualified Consultants from an On-Call Professional Engineering Services Request for Proposal, released in July 2020, and CSG Consultants, Inc., of Pleasanton, CA, is on the List of Qualified Consultants; and WHEREAS, at the September 22, 2020, City Council Meeting, the City Council passed Resolution No. 5665-20, approving a Consulting Services Agreement (C5464) with CSG Consultants, Inc., in the amount of $215,000, for Municipal Programming and Project Management Services, which included the review and issuance of Encroachment Permits; and WHEREAS, in less than two years, CSG Consultants, Inc., has assisted the Engineering Division with the issuance of about 640 Encroachment Permits totaling over $900,000 and allowing the Engineers to focus on Capital Improvement Program (CIP) projects, reporting, various meetings and responding to public inquiries; and WHEREAS, the revenues generated from the issuance of Encroachment Permits required by utility companies and development contractors who construct improvements within public Right of Way are deposited into the General Fund; and WHEREAS, Contract Amendment No. 1, in the amount of $99,400, will allow CSG Consultants, Inc., to continue to provide assistance with Encroachment Permits, design support for pavement overlay projects and plan review support of city facility projects; and WHEREAS, Contract Amendment No. 1, in the amount of $99,400, will be funded with $29,820 (30%) from the General Fund (Account Number 1110-3103-33003-54110), $19,880 (20%) from the Clean Water Fund (Account Number 2580-3199-33041-54110 and $49,700 (50%) from the Gas Tax Fund (Account Number 2510-3103-33003-54110).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager execute Contract Amendment No. 1 in the amount of $99,400 with CSG Consultants, Inc. for Municipal Programming and Project Management Services for a total contract amount of $314,400.

City Council/RSA Agenda 65 Tuesday, June 28, 2022
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of June 2022, by the following vote:

City Council/RSA Agenda 66 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING A$221,000 TRANSPORTATION FUND

FOR CLEAN AIR GRANT FROM THE ALAMEDA COUNTY
TRANSPORTATION COMMISSION, PROJECT FUNDING AGREEMENT A19- 0066.A1, FOR CONSTRUCTION OF UNION CITY IDEAGRANT TRAFFIC SIGNAL CONTROL UPGRADES, CITY PROJECT NO. 17-27, AND PASSIVE

PEDESTRIAN DETECTION IMPROVEMENT PROJECT, CITY PROJECT
NO. 17-27A, AND INCREASING REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND BY$221,000 AND APPROPRIATING $221,000 TO THE

CAPITAL PROJECTS FUND, AS PART OF THE REQUIRED CITY LOCAL MATCH
Staff recommends that the City Council adopt the attached resolution accepting a $221,000 Transportation Fund for Clean Air Grant (TFCA) from the Alameda County Transportation Commission (Alameda CTC), Project Funding Agreement No. A19-0066.A1, for the construction of IDEA Grant Traffic Signal Control Upgrades, City Project No. 17-27, and Passive Pedestrian Detection Improvement Project, City Project No. 17-27A, and increasing revenue projections in Account Number 4100-91727-44502 (Capital Projects Fund – Misc.

County/Local Grants) by $221,000 and appropriating $221,000 to Account Number 4100-3199-91727-54111 (Capital Projects Fund – PW – IDEA Grant Traffic Signal Control Upgrades Project – Contractual Services), as part of the required City local match.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal D, Strategy 1: Environmental Sustainability and Infrastructure

BACKGROUND
Alameda County Transportation Commission (Alameda CTC) administers funding programs consisting of 2000 Measure B, 2010 Vehicle Registration Fee, 2014 Measure BB, CMA-TIP, and Transportation Fund for Clean Air Programs (TFCA) for projects and programs that benefit the Alameda County transportation system.

City Council/RSA Agenda 67 Tuesday, June 28, 2022
Acceptance of the Metropolitan Transportation Commission’s (MTC) Innovative Deployments to Enhance Arterials (IDEA) Grant for Union City’s IDEA Grant Traffic Signal Control Upgrades Project, City Project No. 17-27, including Alameda CTC TFCA funds provided for City local match, in the amount of $221,000. The Passive Pedestrian Detection Improvement Project, City Project No. 17-27A was later added to maximize use of the IDEA Grant & TFCA Funds.

Amendment No. 1 (PFA A19-0066.A1) was agreed to on January 18, 2022 extending the original agreement expiration date from December 31, 2021 to December 31, 2022 to use up to $221,000 of Alameda CTC TFCA funds.

DISCUSSION
Acceptance of the $221,000 in TFCA funding from Alameda CTC will allow the City to fund the IDEA Grant Traffic Signal Control Upgrades Project along with the Passive Pedestrian Detection Project. Both projects will significantly improve transportation safety for all modes of travel within Union City.

FISCAL IMPACT
Union City will receive $221,000 in TFCA grant funds identified in Alameda CTC Project Funding Agreement No.

A19-0066.A1. These funds will be used to fund the IDEA Grant Traffic Signal Control Upgrades Project, City Project 17-27 and the Passive Pedestrian Detection Project, City Project 17-27A, and increasing revenue projections in Account Number 4100-91727-44502 (Capital Projects Fund – Misc. County/Local Grants) by $221,000 and appropriating $221,000 to Account Number 4100-3199-91727-54111 (Capital Projects Fund – PW – IDEA Grant Traffic Signal Control Upgrades Project – Contractual Services), as part of the required City local match.

There will be no fiscal impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting a $221,000 Transportation Fund for Clean Air Grant (TFCA) from the Alameda County Transportation Commission (Alameda CTC), Project Funding Agreement No. A19-0066.A1, for the construction of IDEA Grant Traffic Signal Control Upgrades, City Project No. 17-27, and Passive Pedestrian Detection Improvement Project, City Project No. 17-27A, and increasing revenue projections in Account Number 4100-91727-44502 (Capital Projects Fund – Misc.

County/Local Grants) by $221,000 and appropriating $221,000 to Account Number 4100-3199-91727-54111 (Capital Projects Fund – PW – IDEA Grant Traffic Signal Control Upgrades Project – Contractual Services), as part of the required City local match.

Prepared by:

Trieu Tran, Engineer II
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

City Council/RSA Agenda 68 Tuesday, June 28, 2022
Description Type
Resolution Resolution
Exhibit A - Project Funding Agreement Exhibit
City Council/RSA Agenda 69 Tuesday, June 28, 2022

RESOLUTION NO. ____________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING A $221,000 TRANSPORTATION FUND FOR CLEAN AIR GRANT

FROM THE ALAMEDA COUNTY TRANSPORTATION COMMISSION, PROJECT FUNDING AGREEMENT A19-0066.A1, FOR CONSTRUCTION OF UNION CITY IDEA GRANT TRAFFIC SIGNAL CONTROL UPGRADES, CITY PROJECT NO. 17-27,

AND PASSIVE PEDESTRIAN DETECTION IMPROVEMENT PROJECT, CITY PROJECT NO. 17-27A, AND INCREASING REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND BY $221,000 AND APPROPRIATING $221,000 TO THE

CAPITAL PROJECTS FUND, AS PART OF THE REQUIRED CITY LOCAL MATCH WHEREAS, Alameda County Transportation Commission (“AlamedaCTC”) administers funding programs consisting of 2000 Measure B, 2010 Vehicle Registration Fee, 2014 Measure BB, CMA-TIP, and Transportation Fund for Clean Air Programs (TFCA) for projects and programs that benefit the Alameda County transportation system, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”; and WHEREAS, Alameda CTC awarded $221,000 of TFCA funding to be used as City’s local match for the Metropolitan Transportation Commission’s (MTC) Innovative Deployments to Enhance Arterials (IDEA) Grant; and
WHEREAS, The Alameda CTC Project Funding Agreement (PFA) Amendment 1, PFA A19-0066.A1 was agreed to on January 18, 2021 extending the original agreement expiration date from December 31, 2021 to December 31, 2022; and
WHEREAS, the TFCA funding will be split among the two projects and their respective contractors. The IDEA Grant Traffic Signal Controller Upgrade Project will have Q-Free Intelight finish installations and finalize system configurations with $35,000. While the Passive Pedestrian Detection Project will have Rhythm Engineering install equipment and software with the remaining $186,000; and
WHEREAS, as part of the requirements to receive Alameda CTC Administered Funds awarded to the Project, Alameda CTC requires a resolution adopted by the responsible funding recipient stating the following:

1. Acceptance of a $221,000 TFCA grant from Alameda CTC to be used as City local match for the IDEA Grant Traffic Signal Control Upgrades Project, City Project No. 17-27 and the Pedestrian Passive Detection Project, City Project No. 17-27A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts the $221,000 TFCA Grant from Alameda CTC, Project Funding Agreement No. A19-0066.A1 (Exhibit A), for the City Project No. 17-27 and 17-27A; and BE IT FURTHER RESOLVED that the City of Union City, by adopting this Resolution, does hereby state that:

City Council/RSA Agenda 70 Tuesday, June 28, 2022

1. The City of Union City understands that the amount of Alameda CTC Administered Funds funding for the project is capped at the amount awarded by Alameda CTC, and that any cost increases will be funded through other means by the City of Union City, and will not to be funded with additional Alameda CTC Administered Funds; and

2. The Project will be implemented as described in the application, Agreement, and in this Resolution; and

3. The City of Union City and the Project will comply with the requirements as set forth in the Agreement; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the Applicant’s ability to implement and deliver the proposed Project; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to Alameda CTC.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the required budget appropriation and the use of those funds for City Project No. 17-27 and No. 17-27A.

BE IT FURTHER RESOLVED that the City Council of Union City hereby increases revenue projections in Account Number 4100-91727-44502 (Capital Projects Fund – Misc.

County/Local Grants) by $221,000 and appropriates $221,000 to Account Number 4100-3199- 91727-54111 (Capital Projects Fund – PW – IDEA Grant Traffic Signal Control Upgrades Project – Contractual Services), as part of the required City local match.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of June 2022, by the following vote:

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Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

AMENDED AND RESTATED

PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF UNION CITY
for the

UNION CITY TRAFFIC SIGNAL CONTROL IMPROVEMENTS
This Amended and Restated Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of March 15, 2021, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF UNION CITY, a public agency (“PROJECT SPONSOR”).

This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below.
☐ 2000 Measure B
☐ 2014 Measure BB
☐ Vehicle Registration Fee
☒ Transportation Fund for Clean Air
☐ CMA TIP

RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

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C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.

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I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

N. ALAMEDA CTC and PROJECT SPONSOR previously entered into that certain Project Funding Agreement dated for reference purposes only as of June 17, 2019, (the “effective date”) governing the implementation of, and funding for, the PROJECT, as such Project Funding Agreement may have been subsequently amended by the parties (“CURRENT AGREEMENT”). ALAMEDA CTC has updated the requirements generally applicable to such Project Funding Agreements, and the parties have agreed to amend and restate the CURRENT AGREEMENT so as to incorporate these updated requirements, without affecting or amending (i) the effective date, the Agreement Expiration Date, or any allowable start date as set forth in the CURRENT AGREEMENT, or (ii) any of the funding commitments set forth in the CURRENT AGREEMENT.

O. Notwithstanding anything to the contrary in Recital N above, the parties further wish to amend the CURRENT AGREEMENT to extend the Agreement Expiration Date to December 31, 2022, pursuant to a request from PROJECT SPONSOR in the interim progress report dated October 22, 2021. This one-time extension to the Agreement Expiration Date does not require approval from ALAMEDA CTC’s governing body.

NOW, THEREFORE, it is agreed by and between the parties that the CURRENT AGREEMENT is hereby amended and restated in its entirety as set forth in this AGREEMENT, and the parties agree as follows:

SECTION I
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Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

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PROJECT SPONSOR AGREES:

1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT.

7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 75 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

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included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT.

9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff.

10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.

11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or thirdparty contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR.

13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.

14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.

15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

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Project No. 1511004

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16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.

17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.

18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts.

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b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT.

20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.
e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.

21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.

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22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.

23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.

24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.

25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT.

SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

SECTION II
ALAMEDA CTC AGREES:

1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 79 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS.

SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:

1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR.

3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 80 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.

6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.

7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.

8. The laws of the State of California shall govern this AGREEMENT.

9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.

11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a prorated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 81 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.

ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.

14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San FranciscoOakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 82 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”. c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 83 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.

18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.
b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT.
c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT.

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 84 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.

21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.

22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT.

26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties.

[Signatures on the next page]
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 85 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

CITY OF UNION CITY
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Joan Malloy
City Manager Date
Tess Lengyel Date
Executive Director
Recommended
By:

Gary Huisingh Date
Deputy Executive Director of
Capital Projects
Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form:

Approved as to Legal Form:

By: By:

Kristopher J. Kokotaylo Date
Legal Counsel to CITY OF UNION CITY
Wendel Rosen LLP Date
Legal Counsel to ALAMEDA CTC

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA 1/13/2022 1/13/2022
1/13/2022
1/13/2022
1/13/2022
1/18/2022
City Council/RSA Agenda 86 Tuesday, June 28, 2022
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Project No. 1511004

2021 PFA Version

LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 87 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 88 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION
Project Description:

Project will deploy Adaptive Signal Control Technology (ASCT) at 13 intersections along two major arterial corridors: Union City Boulevard and Decoto Road and Automated Traffic Signal Performance Measures (ATSPM) at 35 intersections, including deployment of new local controllers/software, communications system upgrade and new Central Signal Management System (CSMS) to support ASCT and ATSPM. Project also deploys bicycle lane detection at 24 intersections and passive pedestrian detection at four intersections (16 crosswalks).

Project Location/Limits
 Various intersections along Union City Boulevard and Decoto Road in the City of Union City.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 89 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

OPERATIONS
 ALAMEDA CTC funds obligated by this AGREEMENT will be used to implement the project as described in Appendix A-1. The overall project has been awarded funding through MTC’s IDEA Grant Program and the ALAMEDA CTC funds obligated by this AGREEMENT are providing $221,000 of the required local match for the construction phase.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 90 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Scoping 10/2019 5/2020
Preliminary Engineering/Environmental Studies 12/2019 5/2020 CEQA Approval 2/2020 3/2020
NEPA Approval N/A N/A
Final Design (Plans, Specifications and Estimate (PS&E)) 6/2019 10/2019 Right-of-Way Acquisition NA
Right of Way Certification NA
Procurement & Construction 1/2021 6/2022
Project Closeout 6/2022 9/2022
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 91 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 5
APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
PHASE
Alameda CTC
Administered Funds Other Funds
Total Cost TFCA FY 2019/20
County Program
Manager (CPM)
Other Local
Funds

MTC IDEA
Grant
Construction Capital $221,000 $80,000 $623,000 $924,000 Total Cost $221,000 $80,000 $623,000 $924,000
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 92 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered Funds
Total Other/
Matching
Funds
Total
Funding
Reimbursement
Ratio
TFCA Percentage
FY 2019-20 CPM
Construction Capital $221,000 $703,000 $924,000 N/A
Total Funding $221,000 $703,000 $924,000
Notes:
 PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.  If a reimbursement ratio is not identified in the above table the Other/Matching Funds are included for informational purposes.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 93 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 7
APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.

PHASE COST DETAIL

CONSTRUCTION PHASE
TFCA
FY 2019/20
CPM
Other
Funds
Total
Cost
Contract(s)/Other Direct Cost1 $221,000 $703,000 $924,000 Total Phase Cost
(Contract Costs) $221,000 $703,000 $924,000
Notes:
 Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 94 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix B - Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source Fund Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
TFCA FY 2019-20
CPM Construction 6/17/2019 7/1/2019 12/31/2022 $221,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $221,000 Previously Approved
Agreement Expiration Date: December 31, 2021
Revised
Agreement Expiration Date: December 31, 2022
Notes:

1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.

2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, the Alameda CTC may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD. Table B-1 reflects the first one-year extension to the Expenditure Deadline Date, from December 31, 2021 to December 31, 2022.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 95 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix B - Page 2
APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Fund Source FY Drawdown
Limitation Amount
Cumulative
Drawdown Limitation
Amount
Not Applicable
Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 96 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☐
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31st
By January 31st
By April 30th
By July 31st
☒ Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30 By January 31st
By July 31st
☒ Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30 By July 31st
☒ Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 97 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
 Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity  Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/getinvolved/contracting-forms/  The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
 Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 98 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 TFCA FY 2019-20 Annual (Interim) Report (for BAAQMD) July 31, 2020 2 TFCA FY 2020-21 Annual (Interim) Report (for BAAQMD) July 31, 2021 3 TFCA FY 2020-21 Annual (Interim) Report (for BAAQMD)
(This report will be due only if project is not completed by June 30, 2022) July 31, 2022
4 Final Invoice Within 3 months of the
actual project
completion date, but no
later than the Agreement
Expiration Date.
5 TFCA Final Report (for BAAQMD)
(Including documentation of required funding agency logo usage) Note:
 Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 99 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Project Performance Measures and Targets
Performance Measure Target
Increase in average travel speeds within the segments of Union City Blvd and Decoto Road where Adaptive Signal Control Technology was deployed. 25% increase in average
travel speeds.

Notes:

1. It is expected that the Project will achieve the performance measures targets and/or project outcomes as established herein.

2. Targets are consistent with the assumptions provided in the funding application for Project, up to a maximum proposed speed increase of 25%.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 100 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 1

APPENDIX G

TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

Appendix Index
Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 101 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 2
APPENDIX G-1
TFCA PROJECT NUMBER AND “YEARS OF EFFECTIVENESS”
The PROJECT’s established TFCA Project Number is to be included on all PROJECT reports and invoices.

The PROJECT’s established period for TFCA “Years of Effectiveness” is used by Alameda CTC and BAAQMD to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/or operate the PROJECT, per BAAQMD requirements. It is not intended to reflect the number of years a capital project is expected to last.

TFCA Project Number:
 20ALA08
TFCA “Years of Effectiveness”:
 Two (2) years
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 102 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 3
APPENDIX G-2

BAAQMD-APPROVED TFCA COUNTY PROGRAM MANAGER FUND POLICIES Projects awarded TFCA County Program Manager funding by Alameda CTC are to be consistent with the BAAQMD’s Board-Adopted TFCA County Program Manager Fund Policies.

The following policies apply to the BAAQMD TFCA County Program Manager funding awarded to PROJECT:
 BAAQMD Board-Adopted TFCA County Program Manager Fund Policies for FYE 2020  These Policies are available for view and download from the Alameda CTC’s website:
 https://www.alamedactc.org/wpcontent/uploads/2019/07/FYE_2020_TFCA_CPM_Policies_only.pdf?x33781 Note: The above link provides a copy of Appendix D: Board-Adopted TFCA County Program Manager Fund Policies for FYE 2020 from BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending 2020. As incorporated into this AGREEMENT, (i) the term “Air District” in the policies shall be deemed to mean and refer to BAAQMD, (ii) “Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “GRANTEE” shall be deemed to mean and refer to SPONSOR.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 103 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 4
APPENDIX G-3

TFCA INSURANCE REQUIREMENTS
[See Below and Attached]
Note: The below Alameda CTC insurance requirements for TFCA projects are followed by a copy of BAAQMD’s Insurance Guidelines, Appendix F of BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending (FYE) 2020. As incorporated into this Agreement, (i) the term “Air District” in the attached shall be deemed to mean and refer to BAAQMD, (ii) “County Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “Grantee” shall be deemed to mean and refer to SPONSOR.

INSURANCE REQUIREMENTS
Verification of Coverage
SPONSOR is required to provide certificates and/or other evidence of the required insurance coverage prior to the execution of a fund-transfer agreement and annually thereafter throughout and until project completion.

Certificates, policies and other evidence provided shall specify that the ALAMEDA CTC and BAAQMD shall receive 30 days advanced notice of cancellation from the insurers.

Additionally, SPONSOR is to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by SPONSOR for PROJECT.

Minimum Scope of Insurance
Throughout the Term of the AGREEMENT, SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below:

1. Liability Insurance: with a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor.

2. Property Insurance: in an amount of not less than the insurable value of SPONSOR’s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

3. Workers Compensation Insurance: As required by California law and employers’ insurance with a limit not less than $1 million.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 104 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 5
County Program Manager Fund Expenditure Plan Guidance FYE 2020 Appendix F: Insurance Guidelines     This appendix provides guidance on the insurance coverage and documentation typically required for TFCA County Program Manager Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement.

The typical Funding Agreement requires that each Grantee provide documentation showing that they meet the following requirements for each of their projects. The County Program Manager is not required to meet these requirements itself, unless it is acting as a Grantee.

1. Liability Insurance:

Corporations and Public Entities ‐ a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

Single Vehicle Owners ‐ a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, engines or equipment operated by the Grantee.

2. Property Insurance:

New Equipment Purchases ‐ an amount of not less than the insurable value of Grantee’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

Retrofit Projects ‐ 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Grantee’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

3. Workers Compensation Insurance:

Construction projects – including but not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers’ insurance with a limit not less than $1 million.

4. Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self‐insurance in lieu of any required policy of insurance.

The following table lists the type of insurance coverage generally required for each project type. The requirements may differ in specific cases. County Program Managers should contact the Air District liaison with questions, especially about unusual projects. __________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 25 DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 105 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 6
County Program Manager Fund Expenditure Plan Guidance FYE 2020 __________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 26 DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 106 Tuesday, June 28, 2022
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 7
APPENDIX G-4

REPORTING FORMS FOR TFCA-FUNDED PROJECTS
TFCA Interim Report Form:

The latest electronic version of the BAAQMD TFCA Interim Report form is available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-andreporting-forms/ TFCA Final Report Form:

The latest electronic version of the BAAQMD TFCA Final Report forms are available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-andreporting-forms/ Note: There are four TFCA report form templates. Use the appropriate form, as follows:
 Form 1 - Trip Reduction Projects, for shuttles/feeder bus operations, ridesharing and transportation demand management (TDM) programs, and Smart Growth projects  Form 2 - Alternative Fuel Vehicles, for all vehicle projects  Form 3 - Bicycle Projects, for bicycle lanes, bike sharing, lockers and racks  Form 4 - Arterial Management, for signal timing coordination and upgrades and transit signal priority (TSP)
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 107 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY

MANAGER TO EXECUTE A SIDE LETTER AGREEMENT BETWEEN THE

CITYOF UNION CITYAND THE PROFESSIONAL EMPLOYEES GROUP

APPROVING AONE-TIME PAYOUT OF FLOATING HOLIDAYHOURS AS A

RESULT OF PROVIDING CRITICAL SERVICES
Staff recommends that the City Counciladopt the proposed resolution authorizing the City Manager to execute a side letter between the City and the Professional Employees Group ("PEG") approving a one-time payout of unused Floating Holiday hours for fiscal year 2021-2022.

STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategy plan in aligning the provision of criticalcity services with current staffing levels as wellas supporting growth ad demonstrating commitment to employees' careers.

BACKGROUND
The Professional Employees Group ("PEG") Memorandum of Understanding (“MOU”) provides those employees with certain benefits including floating holiday hours. Floating holiday hours expire annually at the end of each fiscal year and are ineligible for sellback under the MOU.

DISCUSSION
PEG includes a number of single position classifications. As a result of the continued pandemic and staffing shortages, these single position classifications have been needed to provide critical services, making it challenging for employees to receive approval for time off and utilize floating holiday hours.

The proposed side letter would provide for an automatic sellback of any unused floating holiday hours for any PEG employees for fiscal year 2021-2022 only.

City Council/RSA Agenda 108 Tuesday, June 28, 2022

FISCAL IMPACT
The fiscal impact will be no more than $6,500.

RECOMMENDATION
Staff recommends that the City Councilapprove and authorize the City Manager to execute the side letter which would provide for a sellback for PEG employees for any unused floating holiday hours that would otherwise be forfeited for fiscal year 2021-2022.

Prepared by:

Lilybell Nakamura, Human Resources Director
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Resolution Resolution
Side Letter Attachment
City Council/RSA Agenda 109 Tuesday, June 28, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

SIDE LETTER AGREEMENT BETWEEN THE CITY OF UNION CITY AND

THE PROFESSIONAL EMPLOYEES GROUP APPROVING A ONE-TIME

PAYOUT OF FLOATING HOLIDAY HOURS AS A RESULT OF PROVIDING

CRITICAL SERVICES
WHEREAS, the City of Union City (the "City") and the Professional Employees Group ("PEG") are parties to a memorandum of understanding in effect between January 1, 2022 and December 31, 2024 (“MOU”); and
WHEREAS, employees in PEG are provided certain benefits under the MOU; and WHEREAS, in accordance with Government Code Section 8630 and Union City Municipal Code Section 2.28.060, the City Manager, acting as Director of Emergency Services, proclaimed the existence of a local emergency caused by COVID-19 on March 16, 2020; and
WHEREAS, on March 16, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency issued by the Director of Emergency Services; and
WHEREAS, the City Council has continuously ratified the confirmed the proclamation of the existing of a local emergency; and
WHEREAS, as a result of the continued pandemic, staffing shortages and increased workload, certain employees may have not been able to utilize floating holidays due to the need to provide critical staffing and provide necessary services; and WHEREAS, without any changes, PEG employees will lose their floating holidays without compensation; and
WHEREAS, the City believes that it is in the best interests of the City to ensure that PEG employees do not lose their floating holidays without compensation; and WHEREAS, the City Manager or designee has offered to meet and confer with PEG’s authorized representatives regarding the proposed side letter and provisions identified above.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the City Council hereby:

1. Approves the Side Letter Agreement for PEG in substantive form attached to this Resolution as Exhibit A, as may be modified in a form approved by the City Attorney.

City Council/RSA Agenda 110 Tuesday, June 28, 2022

2. Approves providing PEG with the following: providing for a one-time opportunity pay out any unused Floating Holiday hours for fiscal year 2021-2022. 5126546.1
City Council/RSA Agenda 111 Tuesday, June 28, 2022
Side Letter to the Memorandum of Understanding
Between
The City of Union City
and
Professional Employees Group
The City of Union City ("City") and the Professional Employees Group ("PEG") (collectively the "Parties") enter into this side letter to the Parties' Memorandum of Understanding effective January 1, 2022 through December 31, 2024 (MOU), to modify provisions related to the City's floating holiday hours.

PEG members with floating holiday hours at the end of fiscal year 2021-2022 shall receive a one-time payout for the hours that would otherwise be forfeited for this fiscal year only.

FOR THE CITY: FOR PEG:
_______________________________ ___________________________ _______________________________ ___________________________ _______________________________ ___________________________ Date:______________ Date:______________
City Council/RSA Agenda 112 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE GANN APPROPRIATIONS LIMIT FOR FISCALYEAR 2022-2023
Staff recommends that the City Council adopt a resolution approving the GANN Appropriations Limit for FiscalYear 2022-2023.

STRATEGIC PLAN ALIGNMENT
This staff report aligns with GoalA: Financial Stability and Sustainability.

BACKGROUND
State law requires that each fiscal year every city in California prepares a calculation to determine the City’s maximum allowed appropriations, called the GANN Appropriations Limit. The formula used to make these calculations involves adjusting the City’s previous appropriations limit by factors tied to population changes and per capita income changes. Once calculated, cities are not permitted to spend more than the calculated limit. The population and per capita income factors are provided by the California Department of Finance.

DISCUSSION
The Fiscal Year 2021-2022 appropriations limit for the City of Union City was $189,917,513. For Fiscal Year 2022-2023, that amount has been adjusted by the following factors – the change in California per capita personal income (+7.55%) and the change in population in Union City (-1.66%). The new appropriations limit for Fiscal Year 2022-2023 is $200,865,631. The Fiscal Year 2022-2023 citywide budget is $159,549,623 which is significantly under the Fiscal Year 2022-2023 appropriations limit of $200,865,631, therefore, the City is in compliance with state law.

The calculation of the FY 2022-2023 GANN Appropriations Limit is shown on the following page:

City Council/RSA Agenda 113 Tuesday, June 28, 2022

CITYOF UNION CITY

GANN APPROPRIATIONS LIMIT CALCULATION
FISCALYEAR 2022-2023
Appropriations Limit for FY2021-2022 $189,917,513
Change Factors to apply to previous year:

Per Capita Personal Income Change 7.55%
Per Capita Personal Income Change 7.55 + 100 = 1.0755
converted to a ratio 100
City of Union City Population Change -1.66%
City of Union City Population Change -1.66 + 100 = 0.9834 converted to a ratio 100
Calculation of Factor for FY 2022-2023 1.0755 X 0.9834 = 1.0576467 Appropriations Limit for FY2022-2023 $200,865,631
Change in Appropriations Limit $10,948,118

FISCAL IMPACT
None

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the GANN Appropriations Limit for FiscalYear 2022-2023.

Prepared by:

Anita Castillo, Budget Manager
Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
City Council/RSA Agenda 114 Tuesday, June 28, 2022
Resolution Approving the GANNAppropriations Limit for FY2022- 2023
Resolution
City Council/RSA Agenda 115 Tuesday, June 28, 2022
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-2023 WHEREAS, pursuant to Article XIII B of the Constitution of the State of California, the City of Union City has calculated its GANN Appropriations Limit for Fiscal Year 2022- 2023; and
WHEREAS, the annual adjustment factors used in the calculation of the City’s GANN Appropriations Limit for Fiscal Year 2022-2023 are the change in California’s per capita personal income (+7.55%) and the change in Union City’s population growth (-1.66%); and WHEREAS, the GANN Appropriations Limit has been calculated in accordance with State law and for Fiscal Year 2022-2023 is $200,865,631.

WHEREAS, the calculation of the GANN Appropriations Limit for Fiscal Year 2022- 2023 is attached hereto as Exhibit A.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby approve the GANN Appropriations Limit for Fiscal Year 2022-2023 of $200,865,631; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby selects the following factors for use in calculating the GANN Appropriations Limit for Fiscal Year 2022-2023 – the change in Union City’s population (-1.66%) and the change in California’s per capita personal income (+7.55%).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on June 28, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
[SIGNATURES ON FOLLOWING PAGE]
City Council/RSA Agenda 116 Tuesday, June 28, 2022
APPROVED:
___________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
____________________________
ANNA M. BROWN KRISTOPHER K. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 117 Tuesday, June 28, 2022
$189,917,513

7.55%

7.55 + 100 = 1.0755
100
-1.66%
-1.66 + 100 = 0.9834
100

1.0755 X 0.9834 = 1.0576467
$200,865,631
Change in Appropriations Limit $10,948,118
Appropriations Limit for FY 2022-2023
Change Factors to apply to previous year:

Per Capita Personal Income Change
Per Capita Personal Income Change
converted to a ratio
City of Union City Population Change
City of Union City Population Change
converted to a ratio
Calculation of Factor for FY 2022-2023

CITY OF UNION CITY

GANN APPROPRIATIONS LIMIT CALCULATION
FISCAL YEAR 2022-2023
Appropriations Limit for FY 2021-2022
City Council/RSA Agenda 118 Tuesday, June 28, 2022
Agenda Item
DATE: 6/28/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION (PUBLIC HEARING) APPROVING SITE DEVELOPMENT REVIEW (SD-22-001) FOR THE DEVELOPMENT OF
THREE (3) RESIDENTIAL BUILDINGS CONTAINING NINE (9)
TOWNHOME UNITS LOCATED AT 4312 DYER STREET (APN 483-119-17) Staff recommends that the City Council hold a public hearing and adopt the attached Resolution (Attachment 1) approving Site Development Review (SD-22-002) for the development of three (3) residential buildings containing nine (9) townhome units located at 4312 Dyer Street (APN 483-119-17) within the RM 2500 (Multi-family) zoning district.

The Planning Commission recommended approval of this application with modified findings and conditions to the City Council at its May 19, 2022 meeting on a 5-0 vote. Attached to this staff report are the Planning Commission Staff Report (Attachment 2), Planning Commission Desk Item (Attachment 3), Planning Commission Meeting Minutes (Attachment 4), and Planning Commission Resolution (Attachment 5).

STRATEGIC PLAN ALIGNMENT
While this agenda item 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 site originally contained a single-family detached residence which was constructed prior to the City’s incorporation. The use of the residence was converted from a single-family residence to a preschool facility under Use Permit, UP-11-74. The property has been zoned RM 2500 since that time. The school ceased operation in 2005.

A previous property owner applied for Site Development Review (SD-04-05) and Tentative Tract Map City Council/RSA Agenda 119 Tuesday, June 28, 2022
(TTM 7668) approval from the City Council for the construction of 15 residential townhomes. The project was approved on November 22, 2005. As part of the approval, the City Council required that the applicant provide three affordable units, instead of providing two and paying an in-leu fee for the third as the applicant proposed. At that time, the Council encouraged the applicant to reapply with a 16-unit project to help offset the cost of providing all three (3) affordable units on site.

The applicant followed up with a modification to the project to update the original design to allow for one extra market rate consistent with Council direction. This modification was approved by the Council on September 26, 2006. Subsequently, construction commenced for Phase 1, which included the front two (2) buildings containing a total of seven (7) units. Phase Two, which consisted of the remaining three (3) buildings with a total of nine (9) units, was also started. However, due to the financial crisis in 2008, construction halted and never completed. The original entitlements also included approval of a tentative subdivision map creating lots for each of the townhomes and common space areas, which was recorded a few years later.

The property owner, who received the original approvals, sold the portion of the project not constructed (Phase 2) to the applicant, Naeem Akram, who is seeking approval to develop the remaining three (3) buildings for a total of nine (9) townhome units.

DISCUSSION
The project site is located within the RM 2500 Zoning District. The purpose of the RM District is to provide allowable uses and property development standards to further the public health, safety, and general welfare in a manner consistent with the City’s General Plan. The project as proposed complies with or exceeds, the relevant development standards of the RM 2500 District. For a detailed overview of the project’s compliance with City requirements, see attached Planning Commission staff report (Attachment 2).

Architecture
The applicant is proposing to construct the townhouses in a “Craftsman” style. This is articulated by the use of stucco and wood siding in complementary colors, hipped tile roofs, wood knee braces, decorative roof brackets, and trim on windows and doors (See Exhibit A). A high level of detail and architectural articulation is proposed. The use of a variety of finish types will further enhance the façade, including the stone treatment on allcolumns. Additionally, as conditioned, alternating garage door design and enhanced driveway paving will be incorporated, further enhancing the overall design of the project The proposed architecture is identical to the original approvals and the buildings that have already been constructed on the site, resulting in the appearance of one, cohesive project, rather than two distinct, separate projects.

To ensure the site is consistently and adequately maintained, Condition #14 has been added. This condition requires that the applicant and/or property owner address existing and future maintenance issues which includes replacing or fixing the lighted bollards, painting the existing buildings as needed, replacing missing tiles, repainting faded red curbing, and general cleanup of the site. Condition #52 also addresses deferred maintenance issues on the site and requires the replacement of dilapidated and failing fencing along the east and north property lines. Condition #54 requires the installation of adequate street lighting along Meteor Drive, which could be either public or private streetlight poles located along the lot frontage.

Landscaping
A preliminary landscaping plan has been submitted, and the final landscape plan will be subject to review and approval by the Economic and Community Development Department. The preliminary landscape plan incorporates a similar theme from the original landscaping seen on the existing site. Further, the condition also requires that any existing dead or dying landscaping across the site be replaced.

Reuse of the Existing, Partially Constructed Foundations The applicant is seeking to reuse an existing building foundation which was constructed prior to the abandonment of the original project. Staff has expressed concern with the reuse of this foundation due to it being exposed to the elements over the last approximately 15 years. To address this concern, as City Council/RSA Agenda 120 Tuesday, June 28, 2022
conditioned, the applicant and or property owner must provide evidence that the foundations are structurally sound and will meet the requirements of the current California Building Codes.

Af ordable Housing Density Bonus
The original project provided 15 percent of the total units as affordable to moderate-income families, per Union City Municipal Code (UCMC) Section 18.33.030. Additionally, per UCMC Sec. 18.33.060, the City granted the project a density bonus of ten (10) percent.

The General Plan land use designation for the site was and remains R 10-17 (10 – 17 dwelling units per acre). The site is 0.9 acres, and therefore, the General Plan allows up to 15.3 units (17 dwelling units x 0.9 acres). The 10% density bonus allows a total of 16.83 units (15.3 x 1.10 = 16.83), allowing for the approval of the 16-unit project.

The Affordable Housing Ordinance requires three (3) affordable units per the 15% requirement (16 x .15 = 2.4). The affordable units were identified as units 6, 9 and 12. Only one (1) affordable unit was constructed prior to the project being abandoned. The current project, as conditioned, will provide for the remaining two affordable units consistent with the originalconditions of approval.

Planning Commission Meeting
The public hearing for the project was held on May 19, 2022. The Commission considered feedback from staff, the applicant, and members of the public. For a detailed overview of the Planning Commission discussion, see attached Meeting Minutes labeled Attachment 4. The Commissioners’ questions focused on clarifying project details and also addressed property maintenance and usable open space on site. Staff referred to project conditions that had been included (Conditions #14 and #52), which address deferred safety and maintenance issues. Commission members also expressed concerns regarding the lack of residential amenities within the common open space areas. To address this issue, staff added language to Condition #10 requiring seating and/or other residential amenities within the common open space.

During the public hearing, three (3) members of the public spoke. They discussed concerns ranging from property maintenance to parking in and around the site. To address the parking concern, a condition was added (Condition #13) to require signage be installed for each guest spot restricting the spot to be used by guests only (as opposed to residents). Regarding the property maintenance issues, staff reiterated that Conditions #14 and #52 are intended to address any deferred safety and maintenance issues.

The Commission also considered a Desk Item (Attachment 3) concerning questions and comments from Commissioner Lew regarding the project and staff report. The feedback addressed modified language for the Site Development Review findings, clarification on conditions of approval, and clarification on the status of the HOA and its maintenance responsibilities. The Desk Item includes responses to each of these items, and any edits have been incorporated in the attachments to this staff report.

After consideration of the application materials, and testimony from staff, the applicant, and the public, the Commission voted 5-0 to recommend the City Council adopt a resolution approving the project application.

FISCAL IMPACT
All new development, including this project, will result in additional revenue to the City through a one-time payment of permit fees. The proposed work will also result in an increase of assessed property value (exact amount to be determined by the County Assessor's Office once the project is completed), increasing the amount of property tax the City will receive.

RECOMMENDATION
Consistent with the Planning Commission recommendation, staff recommends that the City Council hold a public hearing and adopt the attached Resolution (Attachment 1) approving Site Development Review (SD-22-002) for the development of three (3) residential buildings containing nine (9) townhome units City Council/RSA Agenda 121 Tuesday, June 28, 2022
located at 4312 Dyer Street (APN 483-119-17).

Prepared by:

Brandon H DeLucas, Associate Planner
Submitted by:

Brandon H DeLucas, Associate Planner
ATTACHMENTS:

Description Type
Attachment 1 - CCResolution Approving SD-22-001 Resolution Exhibit A: Project Plans Exhibit
Attachment 2: Planning Commission Staff Report dated 05/19/2022 Attachment Attachment 3: Desk Itemdated 05/19/2022 Attachment
Attachment 4: Draft Minutes for the Regular Planning Commission Meeting dated 5/19/2022
Attachment
Attachment 5: Planning Commission Resolution Attachment Power Point Attachment
City Council/RSA Agenda 122 Tuesday, June 28, 2022
ATTACHMENT 1
CITY COUNCIL RESOLUTION NUMBER XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING SITE DEVELOPMENT REVIEW (SD-22-001), FOR THE
DEVELOPMENT OF THREE (3) RESIDENTIAL BUILDINGS WHICH WILL CONTAIN NINE (9) TOWNHOME UNITS LOCATED AT 4312 DYER STREET (APN 483-119-17), WITHIN THE RM 2500 ZONING DISTRICT
WHEREAS, Mr. Naeem Akram, is requesting approval of Site Development Review (SD22-001), for the development of three (3) residential buildings which will contain nine (9) townhome units including two (2) affordable units; and
WHEREAS, Site Development Review (SD-04-05) and Tentative Tract Map (TTM 7668) were approved in 2005 for the project site for the construction of 15 residential townhomes including three (3) affordable units. A modification was granted in 2006 to add one (1) additional unit. The prior property owner constructed seven (7) of the units, including one (1) affordable unit and then construction stopped due to the financial recession in 2008. The current approvals will facilitate completion of the project, which is generally consistent with the prior approvals; and WHEREAS, the project site is located at 4312 Dyer Street (APN: 483-119-17); and WHEREAS, the project site has a General Plan designation of Residential (10-17 dwelling units per acre) and a Zoning designation of RM 2500 (Multi-family); and WHEREAS, pursuant to Section 65854 of the Government Code, a duly advertised public hearing was held before the Planning Commission of the City of Union City on May 19, 2022, to consider the application and at which time all interested parties had the opportunity to be heard.

The Planning Commission considered a staff report dated May 19, 2022, and all other recommendations, reports, and testimony before making a recommendation on the project; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from environmental review per CEQA Guidelines Section 15332, In-Fill Development Projects. This exemption applies to in-fill developments where it can be seen with certainty that the project will have no potential for a significant effect on the environment; and WHEREAS, after consideration of the staff report, and all other recommendations, reports, and testimony, the Planning Commission recommended approval to the City Council on a vote of 5-0 with some modifications to the draft conditions of approval and findings; and WHEREAS, a duly advertised public hearing was held before the City Council of the City of Union City on June 28, 2022 to consider the application and at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated June 28, 2022, and all other recommendations, reports and testimony before making a recommendation on the project.

NOW THEREFORE, BE IT RESOLVED, that the City Council of Union City does hereby find as follows:

1. That the project is categorically exempt under Section 15332, In-Fill Development Projects, of the California Environmental Quality Act (CEQA); and
Site Development Review

2. The project is consistent with the General Plan. The General Plan designates the project site for multi-family residential uses allowing 10-17 dwelling units per acre. The project is City Council/RSA Agenda 123 Tuesday, June 28, 2022
City Council Resolution XXXX-22
SD-22-001, 4312 Dyer Street

consistent with the following goals and policies of the General Plan: 1) Policy LU-1.2, Promote Infill and Enhance Neighborhoods, and Policy LU-4.6 Appropriate Scale and Massing. There are no applicable specific plans for this site; and

3. The project, as conditioned, is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people, to protect the character and maintain the stability of residential areas within the city, and to promote the orderly and beneficial development of such areas. The proposed project, as conditioned, complies with, or exceeds, the relevant development standards of the RM 2500 zoning district; and

4. The project, as conditioned, is consistent with the purpose of Site Development Review, which seeks to promote orderly, attractive, and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clause or performance standard requirement of the zoning title. The project proposes the development of well-designed buildings, which are consistent with applicable Zoning standards, incorporates complementary materials and is in scale with the neighboring developments.

BE IT FURTHER RESOLVED that the City Council of Union City hereby approves Site Development Review, SD-22-001, as set forth in Exhibit A, attached hereto and made a part hereof, and based upon the following conditions of approval:

CONDITIONS OF APPROVAL
Planning Division
General

1. All actual site improvements shall be made with adherence to the plans, listed in Exhibit A, except as they may be modified by other conditions of approval listed below. Any variation or modification from the approved plans are subject to the review and approval of the Economic and Community Development Department.

2. This application shall expire one year from the date of City Council approval unless building permits have been issued and construction diligently pursued.

3. The applicant and/or property owner shall include an annotated copy of the approved City Council Resolution with each set of detailed construction plans submitted for plan check review. Notations to the plans shall be made to clearly indicate how all conditions of approval will be or have been complied with. Construction plans shall not be accepted without the annotated final conditions of approval included as a note sheet with each set of plans.

4. The applicant and/or property owner shall apply for and take out all required building and fire permits prior to beginning any on-site work. Plans submitted to the Building Division City Council/RSA Agenda 124 Tuesday, June 28, 2022
City Council Resolution XXXX-22
SD-22-001, 4312 Dyer Street

and Fire Department must demonstrate compliance with all applicable local and State requirements.

5. Plans submitted for building permit issuance shall show the proposed location of the mailbox for the residences subject to the standards of the United States Postal Service.

6. The applicant and/or property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.

Building Materials and Finishes

7. Prior to the issuance of building permits, the applicant and/or property owner shall submit samples and details of color palettes and all exterior materials, including but not limited to roof materials, siding materials, metalwork, exterior doors and windows, and exterior lighting fixtures for review and approval by the Economic & Community Development Department. The color samples shall be provided in a binder with paint and material schemes for each model along with full-size brush-outs as opposed to paint chips. Color swatches shall also be painted on the buildings on site for review and approval by the Economic and Community Development Department prior to full painting. The applicant shall use an integral color coat for the final color coat on all stucco walls. Any future amendments or changes to the approved painting schemes shall be submitted to the Economic and Community Development Department for approval prior to the repainting of any buildings or structures on site.

8. The applicant and/or property owner shall provide factory-processed color finishes, such as baked enamel, on all exterior metal surfaces.

9. All garage doors within the project shall be a fully insulated metal or fiberglass roll-up design with baked-on finish and top window bands and installed with automatic door openers. No two adjacent garage doors shall match.

Landscaping

10. Prior to the issuance of building permits, the applicant and/or property owner shall submit a final landscape package, which is consistent with the preliminary landscape package except as may be modified by the following requirements, other project conditions of approval, and/or by feedback from the City’s consulting Landscape Architect. The landscape package shall also be consistent with Chapter 18.112, Water Efficient Landscape, of the Municipal Code and the Landscape Standards Policy Statement. The final landscape plan will be subject to review and approval by the City’s consulting Landscape Architect. Additional fees for consultant’s review and inspection are required to be paid with the building permit fees. A final inspection of the installed landscaping and irrigation shall be completed prior to the issuance of the Certificate of Occupancy. a. Trees shall be 24” box size.
b. The applicant and/or property owner shall be responsible for maintaining all irrigation and landscaping and shall replace any dead or dying vegetation on the entire site for the life of the project.

City Council/RSA Agenda 125 Tuesday, June 28, 2022
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SD-22-001, 4312 Dyer Street

c. Plans submitted for building permit issuance shall include seating and other resident amenities within the common open space, subject to review and approval by the Economic and Community Development Department.

11. The applicant and/or property owner shall provide a cash deposit equal to 50% of the estimated installation cost of the landscaping, up to $10,000.00, in order to ensure the installation of the planting shown on the approved landscape plan. The required deposit shall be submitted to the Economic and Community Development Department prior to the issuance of building permits. The project landscaping shall be installed and inspected, pursuant to the above-stated requirements, prior to issuance of a Certificate of Occupancy for the building.

Site Improvements

12. The applicant and/or property owner shall provide enhanced driveway paving for each of the lots within the project. Examples of such enhanced paving include, but are not limited to: textured concrete banding, trowel finish banding, stamped concrete, integral concrete, broom finish, salt finish, exposed aggregate finish, and trowel joints. The final design of the enhanced driveway paving shall be consistent with the existing driveways and be reviewed and approved by the Planning Division prior to issuance of building permits.

13. The unassigned parking spaces within the development shall be labeled "guest parking", except those parking spaces designated for persons with physical disabilities.

14. The applicant and/or property owner shall ensure the existing development is well maintained and is brought up to date as part of this development. Including, replacing or fixing lighted bollards, painting the existing buildings as needed, replacing the missing tiles, repainting faded red curbing, and general cleanup of the site.

15. Plans submitted for building permit issuance shall include a detail of the guest parking signage, for review and approval by the Public Works and Economic and Community Development Departments.

Affordable Housing

16. The applicant and/or property owner shall satisfy the affordable housing requirements set by the original approvals for this project by providing two moderate-income affordable housing units, which must be sold at the income levels as set by the Affordable Housing Regulatory Agreement dated March 13, 2019.

Fees

17. Prior to issuance of building permit, the applicant/property owner shall pay all applicable fees (Capital Facilities Fee, Park Facilities Fee, etc.) that are in effect at the time of building permit issuance.

18. Prior to issuance of building permits, the applicant and/or property owner shall pay the General Plan Cost Recovery Fee in effect at the time of building permit issuance. The current fee is $1.00 per $1,000.00 of construction valuation per City Council Resolution Number 3379-07.

BUILDING DIVISION
City Council/RSA Agenda 126 Tuesday, June 28, 2022
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SD-22-001, 4312 Dyer Street

19. Project construction shall fully comply with the California Building Standards Codes in effect at the time of building permit issuance.

20. The applicant and/or property owner shall provide detailed construction plans (working drawings) and calculations to the Building Division for plan review prior to issuance of a building permit. Plans and supporting documents shall be prepared by a state-licensed architect or engineer. Upon completion of the plan check, all applicable fees shall be paid, and a building permit issued prior to commencement of any actual construction work onsite.

21.  The applicant and/or property owner shall submit a soils report prior to building permit issuance. The proposed building foundation design shall be reviewed by the Geotechnical Engineer who prepared the soils investigation. A letter shall be provided to the Building Department that is stamped and signed by the engineer that verifies the foundation design has been reviewed and found to be in conformance with the soil report requirements. a. Prior to requesting a foundation inspection from the City, the Geotechnical Engineer or Civil engineer who prepared the soil investigation shall provide a field report in writing which shall state that the building pad was prepared and compacted in accordance with the soil report and specification and that the foundation and/or pier excavation, depth, backfill materials, and drainage, substantially conforms with the soil report and approved plans.

22.  The applicant and/or property owner shall provide documentation clearly identifying all existing construction to be reused, and their condition. Plans submitted for building permit issuance shall detail how the reused items meet or will be modified to meet current building code requirements. This documentation shall be signed by a licensed structural engineer.

The documentation shall be reviewed by the City prior to allowing their reuse.

23. The applicant and/or property owner shall maintain the property to be free of litter, weeds, debris, etc., both before and after the issuance of building permits. Daily litter and debris collection rounds shall be conducted on the site and an adequate number of trash receptacles shall be provided to minimize litter accumulation.

24. The applicant and/or property owner shall comply with the Construction and Demolition Ordinance 576-01 to divert recyclable debris away from landfills. The applicant shall submit a completed Construction and Demolition Waste Management Plan with their application for a construction or demolition permit.

25. The applicant and/or property owner shall not locate construction debris boxes within the public right-of-way (ROW), driveways, or on adjacent private properties.

FIRE DEPARTMENT

26. The structure shall be provided with a Fire Protection System meeting National Fire Protection Association (NFPA) 13D standards, as adopted by Union City (the edition in effect at the time of sprinkler submittal). The applicant/property owner shall submit plans to the Fire Department for review and approval prior to doing any work on the system.

City Council/RSA Agenda 127 Tuesday, June 28, 2022
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SD-22-001, 4312 Dyer Street

27. Plans submitted for fire/building permit issuance shall show Carbon Monoxide detectors installed in all units per manufacture specifications in accordance with the California Residential and Building Code (2019 edition or current edition).

28. Plans submitted for fire permit issuance shall show interconnected smoke alarms installed per the California Fire Code (2019 edition or current edition) and NFPA 72 Fire Alarm Code.

29. Plans submitted for fire and building permit issuance shall show locations of every sleeping room and shall have at least one operable emergency escape and rescue window opening to be installed per the California Fire / Building / Residential Code (2019 edition or current edition).

30. The applicant and/or property owner shall apply for a hot work permit for all welding and cutting operations prior to any work being performed

31. The applicant and/or property owner shall ensure access to the building during construction is not impeded or obstructed to allow responding personnel to enter and workers to evacuate the property.

POLICE DEPARTMENT

32. The front door shall be of a design that does not include any windows or clear vision panels within 36 inches of any entry door locking device unless the glazing material is rated burglar-resistant (impact resistant).

33. The garage door glazing material shall be rated burglar-resistant (impact resistant).

34. The applicant and/or property owner shall equip the front doors of the unit with a minimum 180-degree door viewer (as appropriate).

35. The applicant and/or property owner shall provide illuminated addressing on the forward most portion of the residence with four-inch high numerals and painted addressing on the curb.

PUBLIC WORKS DEPARTMENT
General

36. The applicant and/or property owner shall include an annotated copy of the approved Public Works Conditions with each set of grading/improvement plans submitted for plan check review. Notations to the plans shall be made to indicate how all conditions of approval will be or have been complied with. Grading/improvement plans shall not be accepted without the annotated conditions of approval included as a note sheet with each set of plans.

37. The applicant and/or property owner shall grade the lot so that all stormwater is released onto the public right-of-way.  No drainage to adjacent private properties shall be allowed without the applicant first securing drainage easements from adjoining properties.

38. The applicant and/or property owner shall apply for a grading permit and submit a grading plan showing the existing and proposed grades on the entire lot.

City Council/RSA Agenda 128 Tuesday, June 28, 2022
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39. The applicant and/or property owner shall pay a Grading Permit fee and post a bond based upon the amount of Cut and Fill shown on the grading plan.

40. The applicant and/or property owner shall provide an engineer’s cost estimate for the work related to grading and other ‘Civil’ work, including, but not limited to, demolition, excavation, and off-haul of existing foundation, concrete, drainage system, retaining walls, fencing, irrigation system, and landscaping. The Plan Check & Inspection fee shall be based on the accepted engineer’s construction cost estimate for all on-site civil work.

41. The applicant and/or property owner shall secure an encroachment permit from the Public Works Department for all work in the public right-of-way. The applicant shall be responsible for any repairs within the limits of the development, including streets and paving, curbs and gutters, sidewalks, and street lights, or installation of same where not existing, as determined by the City Engineer.

42. The applicant and/or property owner shall ensure that all new electrical and communication facilities to the new buildings are undergrounded. No overhead facilities will be allowed from the pole to the new structures.

43. The applicant and/or property owner shall pay all Public Works Department fees prior to the issuance of the Grading permit. Encroachment Permit fees may be paid at the time of issuance of the permit for work in the public right of way.

44. The applicant and/or property owner shall show all existing and proposed utilities on the improvement plans submitted for review and approval. This shall include the backflow preventor/ Fire Dept. connection located at the southeast corner of the lot as well as the three electrical cabinets located along the north side of the lot.

45. The applicant and/or property owner shall work with utilities, such as ACWD, PG&E, and USD to ensure that their current requirements are met, as well as provide documentation that the utilities will allow the use of any existing utilities that were installed.

46. The applicant and/or property owner shall submit a ‘Stormwater Requirements Checklist’ for review and approval.

47. The applicant and/or property owner shall ensure that construction activity on-site shall comply with Section 9.40.053 of the Union City Municipal Code, and is limited to the following hours:

Monday through Friday - 8:00 a.m. to 8:00 p.m.

Saturday - 9:00 a.m. to 8:00 p.m.

Sundays & Holidays - 10:00 a.m. to 6:00 p.m.

48. The applicant and/or property owner shall ensure and provide documentation that any existing storm drain to be used is still functioning as originally intended. This effort may include cleaning out the storm drain inlets, power flushing pipes and submitting a video survey of the drainage system.

City Council/RSA Agenda 129 Tuesday, June 28, 2022
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SD-22-001, 4312 Dyer Street

49. The applicant and/or property owner shall execute an operations & maintenance (O&M) agreement with the City to ensure the ongoing maintenance of the bio-treatment areas to be installed to meet the requirements of the Alameda County Clean Water Program.

Site Improvements

50. The applicant and/or property owner shall replace any cracked or uplifted portions of the sidewalk and gutter along the entire frontage of the portion of lot being developed, including any such damaged concrete items along existing portions of the existing development.

51. The applicant and/or property owner shall ensure that the retaining wall at the corner of Dyer St./ Meteor Dr. is repainted and the missing letters from the ‘Pacific Landing’ sign are replaced.

52. The applicant and/or property owner shall ensure that low areas in the existing asphalt paved drive aisle area are filled, and the drive aisle slurry sealed or repaved.

53. The applicant and/or property owner replace the existing fences on the east and north of the development which are dilapidated and failing.

54. The applicant and/or property owner install “No Dumping -Drains to Bay” stencils at all inlets within the existing and proposed areas of the development.

55. The applicant and/or property owner shall provide adequate street lighting along Meteor Dr. which may consist of public or private streetlight poles located along the lot frontage.

A photometric study may be required to better understand the proposed lighting levels within the development and along the public sidewalk.

Stormwater “during Construction” best Management Practices

56. The applicant and/or property owner shall ensure that all contractors, subcontractors, and suppliers are aware of all current stormwater pollution prevention measures and their implementation requirements.

57. The applicant and/or property owner shall ensure that concrete/gunite supply trucks or concrete/plaster and finishing operations discharge washout water into a designated cleanout area that is designed to prevent pollutants from entering the stormwater and/or sanitary sewer system.

58. The applicant and/or property owner shall ensure that discharge restrictions shall also apply to the operation of general construction machinery including masonry cutting equipment, and the washing of tools, brushes, containers, etc. These operations shall not be performed in the street, gutter, or where pollutants can enter the stormwater system.  Failure to comply with the approved construction requirements will result in the issuance of correction notices, citations, or project stop-work orders.

59. The applicant and/or property owner shall install filter materials (sandbags, filter fabric, straw wattle, etc.) at the storm drain inlet nearest the downstream side of the project site and any other inlets along property frontage, prior to the start of work. Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and prevent street City Council/RSA Agenda 130 Tuesday, June 28, 2022
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SD-22-001, 4312 Dyer Street

flooding. Filtered particles shall be disposed of in an appropriate manner based upon content.

60. The applicant and/or property owner shall gather all construction debris on a regular basis and place it in a dumpster or other container, which is emptied or removed at a minimum on a weekly basis. When appropriate, tarp shall be used on the ground to collect falling debris, paint over-spray, etc. that could contribute to stormwater pollution.

61. The applicant and/or property owner shall ensure that trash enclosures and/or recycling containers, staging, or lay down areas shall be designed and constructed to prevent pollutants from entering the storm drain system.

62. The applicant and/or property owner shall create a contained and covered area on site for the storage of bags of cement, paints, flammables, oils, fertilizers, pesticides, or any other materials used on the project site that have the potential of becoming a pollutant and/or being discharged to the storm drain system.

63. The applicant and/or property owner shall ensure that dirt, gravel, debris, and green waste shall be removed from the sidewalk, street pavement, and storm drains adjoining the project site. These areas shall be broom swept on a daily basis. Caked-on mud or dirt shall be scraped before sweeping. During wet weather, the applicant should avoid excavation and other activities that lead to pollutants entering stormwater such as driving vehicles on unpaved areas, etc.

UNION SANITARY DISTRICT

64. A Lateral Permit from Union Sanitary District (USD) will be required to connect to the sewer system and sewer capacity will need to be purchased for the residence. Please see USD’s website (https://www.unionsanitary.com) for permit requirements, fees, and additional information.

ALAMEDA COUNTY WATER DISTRICT

65. Copies of the District’s Standard Specifications for Water Main Installation and Development Specifications for Public Water System Extensions are available on the District's website at http://www.acwd.org.

66. For modifications of existing water facilities or to initiate new water service to the property, the applicant and/or property owner shall contact the District Engineering Department.

Any existing water services which will not be used in the new development must be removed by the District at the applicant and/or property owner’s expense

67. The applicant/property owner shall provide the minimum clearance requirements specified by ACWD between water meters, service lines, fire hydrants or mains, and the nearest utilities, buildings, and trees. Reference District Standard Drawings CL-1-08 through CL5-08.

68. Each irrigation service, and separate dedicated fire service to each building, may require, an above-ground reduced pressure backflow prevention device. Backflow prevention devices must be located in accordance with District Standard Drawings BP-1-08 through BP-3-08.  The location and screening of these above-ground devices should be considered City Council/RSA Agenda 131 Tuesday, June 28, 2022
City Council Resolution XXXX-22
SD-22-001, 4312 Dyer Street

in the site design to address both District installation standards as well as aesthetic concerns of the development.  Backflows located within buildings are not acceptable.

69. Easements dedicated to the District shall be provided for all water mains and Districtowned appurtenances located in private property and outside the public right-of-way.  For more information related to easements dedicated to the District, reference Section 2.2.3 of the District’s Development Specifications

70. For domestic water meters not installed directly in front of the unit being served, prior to meter installation by the District, the applicant and/or property owner would be responsible to provide written confirmation to the District that they have confirmed and certified that the private side piping from each meter to the unit matches the address to the unit being served by that meter install.

71. Meters are not allowed within the sidewalk.  The applicant and/or property owner shall either meander the sidewalk around the proposed meter locations providing the required minimum clearance or install the meters behind the sidewalk within either a dedicated Public Utility Easement (PUE) or provide the District with a dedicated Water Line Easement (WLE).  New service lines and meters would be installed by District forces at applicants and/or property owners’ expense

72. Particular attention should be paid to any proposed work underneath existing District asbestos cement pipe (ACP) water main fronting the project site.  The District has an existing 8 inch ACP water main located within Meteor Drive.  No excavations or crossings under the ACP are allowed.  If utility installations below the ACP are required for the project, the District may replace a portion of the existing main with PVC or steel pipe.

Such replacement must be done by District forces at the applicants’ and or property owners’ expense.

City Council/RSA Agenda 132 Tuesday, June 28, 2022
City Council Resolution XXXX-22
SD-22-001, 4312 Dyer Street

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28
th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 133 Tuesday, June 28, 2022
Proposed
Mr. Naeem Akram
4312 Dyer Street
9-Unit Townhouses
Union City, California
For
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering

EXHIBIT A
Recived
May 11, 2022
City Council/RSA Agenda 134 Tuesday, June 28, 2022
BUILDING 3 BUILDING 4 BUILDING 5
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering
3 City Council/RSA Agenda 135 Tuesday, June 28, 2022
REF.

REF.

DINNING
ROOM
UP

KITCHEN
LIVING
ROOM 12

BATHDUCT

DINNING
ROOM
UP

KITCHEN
LIVING
ROOM DUCT 12
BATH
FAMILY
ROOM
ENTRY
UP
UP
UP
UP
FAMILY
ROOM
FAMILY
ROOM
LIVING
ROOM

DINNING
ROOM

KITCHEN
UP
DN
DN

UP DUCT DUCT DUCT
F/P
F/P
F/P
ENTRY
ENTRY
DECK
DECK
DECK
UP
DN
UP
UP
GARAGE
GARAGE
GARAGE
UP
9'-912" 10'-212" 15'-10" 7'-8" 8'-712" 3' 8'-912" 20'-11" 21'-11" 22'-1" 12' 12'-2" 8'-612" 12'-2" 8'-612" 6'-1012"
6'-101211'-10 " 12"
11'-1012"
2'-1012"
6'-3" 5'-5" 3'-412"
3' 8'-5" 10'-10" 10'-4" 10'-912"
10'-2129'-9 " 15'-10" 12" 9' 8'-912"
2'-1012" 6'-3" 5'-5" 3'-412" 8'-912"
3' 8'-5"3' 8'-712"
11'-8" 7'-412"
10'-612" 2'-312" 10'-6" 3' 3'
3'-2" 10" 3'-8"
2'-712" 2'-712"
10'-2 15'-10" 129'-9 " 12" 1' 8'-912" 3' 12
BATH
8'-012" 10'-6" 3'-8" 7'
6'-1112" 8'-912" 12'-2" 8'-612"
6'-101211'-10 " 12" 10'-4" 9' 10'-10"
2'-1012" 6'-3" 5'-5" 3'-412" 8'-912"
3' 8'-5"8'-712"
11'-8" 3'
8'-012" 10'-6" 10'-8"
7'-1" 8'-912" 3'

ENTRANCE
CRAWL
SPACE
CRAWL
SPACE
CRAWL
SPACE
17'-712" 2'-6"
20'-3" 21'-2" 21'-2" 21'-2"
17'-712" 2'-012" 3'
17'-712" 2'-012" 3'
17'-712" 2'-6" 5'-612" 3' 11'-9" 5'-612" 3' 11'-9"
3'-512" 9'-1012"
3'-512" 9'-1012" 11'-9" 11'-9" 9'-1012" 11'-9"
3'-512"
2'-2"
17'-712" 2'-012" 3'
20'-112" 3' 5'-612" 8'-5" 3'-4"
7'-8" 8'-2"
11'-8"
24' 22'-1" 22'-1" 22'-1" 10'-2"
BUILDING 3 & 5
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering 6 Building 3, 5
Floor Plans
SCALE: 1/4"=1'-0"
F I R S T F L O O R P L A N 2
SCALE: 1/4"=1'-0"
S E C O N D F L O O R P L A N 2
City Council/RSA Agenda 136 Tuesday, June 28, 2022
BUILDING 3 & 5
BED
ROOM
BED
ROOM
BED
ROOM
BED
ROOM
BED ROOM # 3
BED ROOM # 2
MASTER
BED
ROOM
BED
ROOM
BED
ROOM
LOBBY
BATH
DRESS
DRESS
WI CL
BATH
BATH
BATH
LOBBY

HALL WAY
BATH
BATH
DN
DN
DN
5' 4'-3" 5' 2'-312" 11'-5" 12'-2" 8'-612" 12'-2" 8'-612" 12'-2" 8'-612" 9'-5" 11'-312" 9'-5" 9'-5" 11'-312" 11'-312" 5' 4'-3" 5'
1'-11"
11'-5"
11'-1012" 6'-1012" 2' 12'-9" 8'-712" 8'-712" 1' 3'-11" 3' 13'-8"
7'-10" 2'-9" 6'-4"
3'-4"
11'-1012" 8'-712" 8'-712"
5'-10" 7'-10"
13'-8" 1' 3'-11" 3'
6'-10 2' 12'-9" 1211'-10 " 12"
6'-10 2' 12'-9" 12" 6'-4"
3'-4" 6'-4"
3'-4" 9'-3" 9'-3" 8'-712" 8'-712"
4'-3" 5'
1'-11"
5' 11'-5"
10'-7"
10'-7"
10'-7"
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering 6a
SCALE: 1/4"=1'-0"
T H I R D F L O O R P L A N 3 Building 3, 5
Floor Plans
City Council/RSA Agenda 137 Tuesday, June 28, 2022
Building 4
SEE SHEET 5 FOR DIMENSIONS, NOT SHOWN ON THIS SHEET FOR CLARITY NOTES:

1. Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering
7 Building 4
Floor Plans
SCALE: 1/8"=1'-0"

S E C O N D F L O O R P L A N
2 SCALE: 1/8"=1'-0"

T H I R D F L O O R P L A N
SCALE: 1/8"=1'-0" 3
F I R S T F L O O R P L A N 2
City Council/RSA Agenda 138 Tuesday, June 28, 2022
EXTERIOR WALLS: "LA HABRA STUCCO" CEMENT PLASTER, COLOR AND TEXTURE TO MATCH BUILDINGS TRIMS: RESAWN LUMBER 2x4 WOOD TRIM, COLOR TO MATCH FASCIA BOARDS. TRIM INSTALLED OVER ROOFING: CLASS "A" TILE ROOF BY PRESIDENTIAL OR EQUIVALENT, COLOR SELECTION TO MATCH AS FASCIA/ GUTTER: 2x8 FASCIA BOARD w/ 5-1/2" OGEE G.I. FASCIA GUTTER, PAINTED. COLOR AS APPROVED WINDOWS: VINYL DUAL PANE WINDOWS BY "MILGAURD" OR EQUIVALENT AND SHALL BE DUAL PANE SECTIONAL ROLL UP GARAGE DOOR, COLOR TO MATCH WITH BUILDINGS CONSTRUCTED ALREADY.

SCREED @ +6" MINIMUM ABOVE FINISH GRADE (2" ABOVE PAVED AREAS). PROVIDE MINIMUM 26 GAGE WOOD SIDING INSTALLED OVER WATER PROOFING PAPER. INSTALL SIDING PER MANUFACTURER INSTRUCTIONS PROVIDE TWO LAYERS OF GRADE "D" PAPER OVER ALL WOOD BASED SHEATHING.

INSTALLATION OF ROOFING SHALL BE IN ACCORDANCE WITHMANUFACTURER'S SPECIFICATIONS.

10. 9.

BY PLANNING FOR BUILDINGS CONSTRUCTED ALREADY.

ELEVATION NOTES:

3. 2.

1. 7.

6. 5.

8. 4.

11. ROOF TO WALL FLASHING.

BROWN COAT.

12. 2x RE-SAWN WOOD KICKERS (NON-STRUCTURAL), INSTALLED AT LOCATIONS SHOWN.

13. SUB-FLOOR VENTS WITH WIRED MESH.

14. 2"x2" DOWNSPOUTS PAINTED TO MATCH WITH STUCCO.

ROOF MATERIAL TO BUILDING INSPECTOR AT TIME OF INSPECTION.

15. LOCATION & SIZE OF BUILDING ADDRESS, MUST BE CLEARLY VISIBLE AND LEGIBLE FROM ADJACENT PUBLIC WAY OR STREET. ADDRESS LETTERS/ NUMBERS SHALL BE MINIMUM 4" HIGH WITH A MINIMUM STROKE WIDTH OF 1/2" & SHALL CONTRAST WITH THEIR BACKGROUND (CRC R319) CONSTRUCTED ALREADY. STUCCO SHALL BE 3-COAT, 7/8 INCH MINIMUM THICK (PER CRC R703.6.2) GALVANIZED WEEP SCREED AT FOUNDATION PLATE LINE (CRC R703.6.2.1) COMPLYING WITH T24.

16. STONE VENEER INSTALLED OVER STUCCO BROWN COAT, AT LOCATIONS SHOWN (TYPICAL). INSTALL VENEER AS PER MANUFACTURER RECOMMENDATIONS.

APPROVED BY PLANNING FOR BUILDING CONSTRUCTED ALREADY. PROVIDE MANUFACTURE DATA OF

PLATE LEVEL

FLOOR LEVEL

PLATE LEVEL

FLOOR LEVEL

TOP PLATE LEVEL

FINISH GRADE LEVEL
ROOF LEVEL 32'-512" 8' 9' 1' 8' 5'-512" 1'

PLATE LEVEL

FLOOR LEVEL

PLATE LEVEL

FLOOR LEVEL
TOP PLATE LEVEL 32'-512" 8'
FINISH GRADE 9' 1' 8' 5'-512" ROOF LEVEL 1'
06 06 06
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering 8

ELEVATIONS
SCALE: 1/4"=1'-0"
R E A R E L E V A T I O N 1
SCALE: 1/4"=1'-0"
F R O N T E L E V A T I O N 2
City Council/RSA Agenda 139 Tuesday, June 28, 2022
EXTERIOR WALLS: "LA HABRA STUCCO" CEMENT PLASTER, COLOR AND TEXTURE TO MATCH BUILDINGS TRIMS: RESAWN LUMBER 2x4 WOOD TRIM, COLOR TO MATCH FASCIA BOARDS. TRIM INSTALLED OVER ROOFING: CLASS "A" TILE ROOF BY PRESIDENTIAL OR EQUIVALENT, COLOR SELECTION TO MATCH AS FASCIA/ GUTTER: 2x8 FASCIA BOARD w/ 5-1/2" OGEE G.I. FASCIA GUTTER, PAINTED. COLOR AS APPROVED WINDOWS: VINYL DUAL PANE WINDOWS BY "MILGAURD" OR EQUIVALENT AND SHALL BE DUAL PANE SECTIONAL ROLL UP GARAGE DOOR, COLOR TO MATCH WITH BUILDINGS CONSTRUCTED ALREADY.

SCREED @ +6" MINIMUM ABOVE FINISH GRADE (2" ABOVE PAVED AREAS). PROVIDE MINIMUM 26 GAGE WOOD SIDING INSTALLED OVER WATER PROOFING PAPER. INSTALL SIDING PER MANUFACTURER INSTRUCTIONS PROVIDE TWO LAYERS OF GRADE "D" PAPER OVER ALL WOOD BASED SHEATHING.

INSTALLATION OF ROOFING SHALL BE IN ACCORDANCE WITHMANUFACTURER'S SPECIFICATIONS.

10. 9.

BY PLANNING FOR BUILDINGS CONSTRUCTED ALREADY.

ELEVATION NOTES:

3. 2.

1. 7.

6. 5.

8. 4.

11. ROOF TO WALL FLASHING.

BROWN COAT.

12. 2x RE-SAWN WOOD KICKERS (NON-STRUCTURAL), INSTALLED AT LOCATIONS SHOWN.

13. SUB-FLOOR VENTS WITH WIRED MESH.

14. 2"x2" DOWNSPOUTS PAINTED TO MATCH WITH STUCCO.

ROOF MATERIAL TO BUILDING INSPECTOR AT TIME OF INSPECTION.

15. LOCATION & SIZE OF BUILDING ADDRESS, MUST BE CLEARLY VISIBLE AND LEGIBLE FROM ADJACENT PUBLIC WAY OR STREET. ADDRESS LETTERS/ NUMBERS SHALL BE MINIMUM 4" HIGH WITH A MINIMUM STROKE WIDTH OF 1/2" & SHALL CONTRAST WITH THEIR BACKGROUND (CRC R319) CONSTRUCTED ALREADY. STUCCO SHALL BE 3-COAT, 7/8 INCH MINIMUM THICK (PER CRC R703.6.2) GALVANIZED WEEP SCREED AT FOUNDATION PLATE LINE (CRC R703.6.2.1) COMPLYING WITH T24.

16. STONE VENEER INSTALLED OVER STUCCO BROWN COAT, AT LOCATIONS SHOWN (TYPICAL). INSTALL VENEER AS PER MANUFACTURER RECOMMENDATIONS.

APPROVED BY PLANNING FOR BUILDING CONSTRUCTED ALREADY. PROVIDE MANUFACTURE DATA OF

TOP PLATE LEVEL

UPPER FLOOR LEVEL

PLATE LEVEL

LOWER FLOOR LEVEL

PLATE LEVEL

FINISH GRADE LEVEL

ROOF LEVEL

TOP PLATE LEVEL

UPPER FLOOR LEVEL

PLATE LEVEL

LOWER FLOOR LEVEL

PLATE LEVEL

FINISH GRADE LEVEL
ROOF LEVEL 32'-5
1 2
" 8' 9' 1' 8' 5'-5
1 2
" 1'
RIGHT SIDE ELEVATION 32'-5
1 2
" 8' 9' 1' 8' 5'-5
1 2
" 1' Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering
9 ELEVATIONS
SCALE: 1/4"=1'-0"
S I D E E L E V A T I O N 1
SCALE: 1/4"=1'-0"

S I D E E L E V A T I O N
1 City Council/RSA Agenda 140 Tuesday, June 28, 2022
HIP
HIP
HIP
HIP
VALLEY
VALLEY
VALLEY

VALLEY RIDGE RIDGE HIP HIP HIP
HIP
VALLEY
VALLEY
VALLEY

VALLEY RIDGE RIDGE HIP HIP
HIP
HIP
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering 10 ROOF PLAN
City Council/RSA Agenda 141 Tuesday, June 28, 2022
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering G1

PROJECT

OVERVIEW
City Council/RSA Agenda 142 Tuesday, June 28, 2022
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering EL-1
STREET

ELEVATION
City Council/RSA Agenda 143 Tuesday, June 28, 2022
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering EL-2
STREET

ELEVATION
City Council/RSA Agenda 144 Tuesday, June 28, 2022
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering EL-3
STREET

ELEVATION
City Council/RSA Agenda 145 Tuesday, June 28, 2022
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering L1

TENTATIVE

LANDSCAPE PLAN
City Council/RSA Agenda 146 Tuesday, June 28, 2022
BUILDING 3 BUILDING 4 EXISTING AC BUILDING 5

PAVED DRIVE
TO REMAIN A.C. PAVED DRIVEWAY (3" A.C., 9"

CL-II BASE)
UNIT 8
UNIT 9
UNIT 10
UNIT 11
UNIT 12
UNIT 13
UNIT 14
UNIT 15
UNIT 16
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering
C1a

UTILITY
PLAN
SCALE: NONE
EXISTING WATER SERVICE PLAN 2
SCALE: NONE

EXISTING SEWER PLAN
3 City Council/RSA Agenda 147 Tuesday, June 28, 2022
BUILDING 3 BUILDING 4 EXISTING AC BUILDING 5

PAVED DRIVE
TO REMAIN A.C. PAVED DRIVEWAY (3" A.C., 9"

CL-II BASE)
UNIT 8
UNIT 9
UNIT 10
UNIT 11
UNIT 12
UNIT 13
UNIT 14
UNIT 15
UNIT 16
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering
C1
SCALE: 1"=10'-0"

I M P R O V M E N T P L A N
1 IMPROVEMENTS
PLAN
City Council/RSA Agenda 148 Tuesday, June 28, 2022
BUILDING 3 BUILDING 4 EXISTING AC BUILDING 5

PAVED DRIVE

TO REMAIN
UNIT 8
UNIT 9
UNIT 10
UNIT 11
UNIT 12
UNIT 13
UNIT 14
UNIT 15
UNIT 16
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering
C2

EROSION

CONTROL PLAN
SCALE: 1"=10'-0"

E R O S I O N C O N T R O L P L A N
2 City Council/RSA Agenda 149 Tuesday, June 28, 2022
Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering C3

EROSION

CONTROL DETAILS
City Council/RSA Agenda 150 Tuesday, June 28, 2022
BUILDING 3 BUILDING 4 EXISTING AC BUILDING 5

PAVED DRIVE

TO REMAIN
UNIT 8
UNIT 9
UNIT 10
UNIT 11
UNIT 12
UNIT 13
UNIT 14
UNIT 15
UNIT 16

EXISTING AC

PAVED DRIVE

TO REMAIN

DMA - A DMA - B DMA - C
5,211 SF 6,769 SF 7,043 SF
IMPERVIOUS AREA=3310 SF IMPERVIOUS AREA=4802 SF IMPERVIOUS AREA=4954 SF Proposed
Union City, CA 9-Unit Townhouses For 4312 Dyer Street Mr. Naeem Akram 19 Pine Valley Place San Ramon, CA 94583 VOICE: 925.594.2302 e-mail: [email protected] IBC Engineering
C4

STORM WATER

CONTROL
PLAN
City Council/RSA Agenda 151 Tuesday, June 28, 2022
Agenda Item
DATE: MAY 19, 2022
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: SITE DEVELOPMENT REVIEW (SD-22-001) FOR THE
CONSTRUCTION OF NINE (9) TOWNHOME UNITS
APPLICANT: Naeem Akram
LEGAL OWNER: Naeem Akram
REQUEST: Site Development (SD-22-001) approval for the development of three (3) residential buildings which will contain nine (9) townhome units located at 4312 Dyer Street (APN 483-119-17).

LOCATION: 4312 Dyer Street (APN: 483-119-17)
SIZE OF PARCEL: 39,062 square feet (0.9 acers)
GENERAL PLAN: Residential (10-17 du/ac)
ZONING: RM 2500 (Multi-Family Residential)
SURROUNDING LAND USES:

Table 1 - Surrounding Land Uses
Location General Plan Designation Zoning District Land Use North Residential (10-17 du/ac) RM 2500 Multi-family residences South Residential (10-17 du/ac) RM 2500 Multi-family residences East Residential (10-17 du/ac) RM 2500 Multi-family residences West Private Institutional,
Residential (3-6 du/ac)
PI and
RS 6000
Religious facility and
Single-family residences
ENVIRONMENTAL ASSESSMENT:

Pursuant to the California Environmental Quality Act (CEQA), this project is categorically exempt under Section 15332, In-Fill Development Projects, of the CEQA Guidelines. Discussion of the criteria related to the exemption are discussed in Section II of this report.

ATTACHMENT 2
City Council/RSA Agenda 152 Tuesday, June 28, 2022
Planning Commission Staff Report, May 19, 2022
SD-22-001, 4312 Dyer Street, Page 2
LOCATION MAPS:

I. BACKGROUND & PROPOSAL
The applicant, Naeem Akram, is requesting Site Development Review (SD) approval for the development of three (3) residential buildings which will contain nine (9) townhome units located at 4312 Dyer Street.

The site originally contained a single family detached residence which was constructed prior to the City’s incorporation. The use of the residence was converted from a singleFigure 1 – Location Map of 4312 Dyer Street Figure 2 – Zoning Map of 4312 Dyer Street

N

N
Project Site
City Council/RSA Agenda 153 Tuesday, June 28, 2022
Planning Commission Staff Report, May 19, 2022
SD-22-001, 4312 Dyer Street, Page 3
family residence to a preschool facility under Use Permit, UP-11-74. The property has been zoned RM 2500, since that time. Subsequently, the school was expanded to add a modular classroom building under Use Permit, UP-08-84. The school ceased operation in 2005.

A previous property owner applied for Site Development Review (SD-04-05) and Tentative Tract Map (TTM 7668) approval from the City Council for the construction of 15 residential townhomes. The project was approved on November 22, 2005. As part of the approval, the City Council required that the applicant provide three affordable units, instead of providing two and paying an in-leu fee for the third as the applicant proposed.

At that time, the Council encouraged the applicant to reapply with a 16-unit project to help offset the cost of providing all three (3) affordable units on site.

The applicant followed up with a modification to the project to modify the original design to allow for one extra market rate consistent with Council direction. This modification was approved by the Council on September 26, 2006. The project started and completed Phase One of construction which included the front two (2) buildings which contained a total of seven (7) units. Phase Two, which consisted of the remaining three (3) buildings with a total of nine (9) units, was also started. However, due to the financial crisis in 2008, the project was halted and never completed.

The proposed project maintains the same architectural design and layout as the original project which will allow the new nine (9) units to integrate into the existing seven (7) units.

II. PROJECT ANALYSIS
A. Permit Requirements
The Site Development Review (SD-04-05) approval for the remaining three (3) buildings expired approximately 15 years ago; therefore, a new Site Development Review approval is required for these buildings in order to complete the overall project. Please see Exhibit A for the project plans.

B. Project Design and Development Standards Compliance
The project site is in the RM-2500 zoning district. The purpose of the RM District is to provide allowable uses and property development standards to further the public health, safety, and general welfare in a manner consistent with the City’s General Plan. The project as proposed complies with, or exceeds, the relevant development standards of the RM 2500 District as illustrated by Table 2.

City Council/RSA Agenda 154 Tuesday, June 28, 2022
Planning Commission Staff Report, May 19, 2022
SD-22-001, 4312 Dyer Street, Page 4
Table 2 - Development Standards
Chapter 18.32 (RM 2500 Zoning District)
Development Standard Required Projects Provides Complies? Front Setback (Dyer Street) 20 feet (min) 20 feet Yes
Street Side Setback (Meteor
Dr.) 10 feet (min) 10 feet Yes
Side Setback (North) 10 feet (min) 10 feet (min) Yes
Rear Setback (East) 20 feet(min) 20 feet Yes
Height 30 feet (max) 30 feet Yes
Lot Coverage 40 percent (max) 31 percent Yes
Open Space (Per Unit) 300 square feet
373.44 Square feet
(private and common
open space)
Yes
Table 3 – Unit Summary
Unit Numbers Total Sq. ft. Bedrooms Bathrooms Parking
9, 12, 15 1,201 sq. ft. 3 2.5 2 covered per unit
8, 10, 11, 13, 14, 16 1,295 sq. ft. 3 2.5 2 covered per unit This project consists of nine (9) three-bedroom, two and one-half bath units that range from 1,201 square feet to 1,295 square feet in size. Each unit will provide a two-car garage and there will be four shared guest parking spaces. The project meets or exceeds the required parking standards. Two of the nine (9) units (units 9 and 12) will be affordable, consistent with the requirements of the original approvals.

Architecture
The applicant is proposing to construct the townhouses in a “Craftsman” style. This is articulated by the use of stucco and wood siding in complimentary colors, hipped tile roofs, wood knee braces, decorative roof brackets, and trimming on windows and doors (See Exhibit A). A high level of detail and architectural articulation is proposed. The use of a variety of finish types will further enhance the façade, including the stone treatment on all columns. Additionally, as conditioned (COA #09 and #12), Alternating garage door design and enhanced driveway paving will be incorporated further enhancing the overall design of the project The proposed architecture is identical with the original approvals and the buildings that have already been constructed on the site, resulting in the appearance of one, cohesive project, rather than two distinct, separate projects.

To ensure the site, as a whole, is consistent and well maintained, Condition 14 has been added. Condition 14 requires that the applicant and/or property owner address maintenance issues which includes replacing or fixing the lighted bollards, painting the existing buildings as needed, replacing missing tiles, repainting faded red curbing and City Council/RSA Agenda 155 Tuesday, June 28, 2022
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general cleanup of the site. Condition 52 also addresses deferred maintenance issues on the site and requires the replacement of dilapidated and failing fencing along the east and north property lines. Condition 54 requires the installation of adequate street lighting along Meteor Dr., which could be either public or private streetlight poles located along the lot frontage.

Landscaping
A preliminary landscaping plan has been submitted, and the final landscape plan will be subject to review and approval by the Economic and Community Development Department (COA #10). The preliminary landscape plan incorporates a similar theme from the original landscaping seen on the existing site. Further, the condition #10 also requires that any existing dead or dying landscaping across the whole site shall be replaced
Reuse of the Existing, Partially Constructed Foundations The applicant is seeking to reuse an existing building foundation which was constructed prior to the abandonment of the original project. Staff has expressed concern with the reuse of this foundation due to it being exposed to the elements over the last approximately 15 years. To address this concern, as conditioned (COA #21), the applicant and or property owner must provide evidence to the Building Division and Public Works Department, that the foundations are structurally sound and will meet the requirements of the current California Building Codes.

Affordable Housing Density Bonus
The original project provided 15 percent of the total units as affordable to moderateincome families, per Union City Municipal Code (UCMC) Section 18.33.030.

Additionally, per UCMC Sec. 18.33.060, the City granted the project a density bonus of ten (10) percent.

The General Plan land use designation for the site was and still is R10-17 (10 – 17 dwelling units per acre). The site is 0.9 acres, and therefore, the General Plan allows up to 15.3 units (17 dwelling units x 0.9 acres). The 10% density bonus allows a total of 16.83 units (15.3 x

1.10 = 16.83), allowing for the approval of the 16-unit project.

The Affordable Housing Ordinance at the time also required three (3) affordable units per the 15% requirement (16 x .15 = 2.4). The affordable units were identified as units 6, 9 and 12. Only one (1) affordable unit was constructed prior to the project being abandoned. The project, as conditioned (COA #15), will provide for the remaining two affordable units consistent with the original conditions of approval.

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Consistency with the General Plan
As discussed above, the project is generally consistent with the subject property's General Plan designation of Residential (10-17 du/ac), which allows duplexes and multifamily dwellings.

The project is also consistent with General Plan Policy LU-1.2: Promote infill and enhance Neighborhoods. The project proposes the construction of nine (9) units on a vacant portion of a lot. The project offers well-designed buildings and landscaping which will enhance the visual quality and residential character of the surrounding neighborhoods. The project also completes an unfinished residential project that previously had several incomplete physical features, thereby addressing what had become a blight issue for the neighborhood.

Additionally, the project is consistent with General Plan Policy LU-4.6: Appropriate Scale and Massing. The project provides buildings that meets all setback and height requirements and has a consistent massing and design as the completed units on the same site.

California Environmental Quality Act (CEQA)
This project is categorically exempt under Section 15332, In-Fill Development Projects, of the CEQA Guidelines as it is consistent with the following five criteria 1) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The project as conditioned is consistent with the General Plan designation of R 10-17 and applicable General Plan policies as discussed above. Additionally, as discussed, the project is consistent with applicable provisions of the RM 2500 zoning designation. 2) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The project occurs within the city limits on a site that is 0.9 acres and substantially surrounded by urban uses.
3) The project site has no value, as habitat for endangered, rare or threatened species.

The project site has already been partially developed and is surrounded by urban residential uses, and has no value as habitat for endangered, rare or threatened species. Additionally, the site is not on any federal or state list for endangered, rare, or threatened species. 4) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

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The project would result in the addition of nine (9)residential units in a location that is already substantially surrounded by multi-family residential uses. The project would not significantly increase traffic volumes above existing levels on the local road network, and would not result in potential noise levels that exceed standards for land use compatibility with surrounding uses. The project is well below the screening levels identified in the Bay Area Air Quality Management District CEQA Guidelines. As such, the project would not result in significant air quality emissions. The project would also comply with all conditions of approval regarding on-site treatment, and drainage of stormwater, therefore not resulting in significant impacts to water quality.
5) The site can be adequately served by all required utilities and public services.

As conditioned, the project can be adequately served by all required utilities and public services.

D. Noticing and Public Feedback
Consistent with State law noticing requirements, public hearing notices were posted on site and were mailed to neighbors within 300 feet of the project site boundary. Staff has not received any public feedback regarding the project.

E. Conclusion
The City's Development Review Committee recommends that the Planning Commission recommend approval of SD-22-001 to the City Council, subject to conditions, and making the specific findings, listed in Section III, in support of this recommendation.

III. REQUIRED FINDINGS
Site Development Review

1. Approval of this application is consistent with the General Plan and any applicable specific plans;
The project is consistent with the General Plan. The General Plan designates the project site for multi-family residential uses allowing 10-17 dwelling units per acre. The project is consistent with the following goals and policies of the General Plan: 1) Policy LU-1.2, Promote infill and enhance Neighborhoods, and Policy LU-4.6 Appropriate Scale and Massing. There are no applicable specific Plans for this site.

2. Approval of this application is consistent with the purpose of Title 18 and the requirements of the RM 2500 zoning district; and
The project, as conditioned, is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people, to protect the character and maintain the stability of residential areas within the City Council/RSA Agenda 158 Tuesday, June 28, 2022
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city, and to promote the orderly and beneficial development of such areas. The proposed project, as conditioned, complies with, or exceeds, the relevant development standards of the RM 2500 zoning district.

3. Approval of this application is consistent with the purpose of Site Development review as outlined in Section 18.76.010.

The project, as conditioned, is consistent with the purpose of Site Development Review, which seeks to promote orderly, attractive, and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clause or performance standard requirement of the zoning title. The project proposes the development of well-designed buildings, which are consistent with applicable Zoning standards, incorporates complementary materials and is in scale with the neighboring developments.

IV. ALTERNATIVES

1. Recommend approval of the Site Development Review as proposed;

2. Recommend approval of the Site Development Review with modified conditions;

3. Recommend denial of the Site Development Review with stated findings; or

4. Continue the matter for further consideration.

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V. CONDITIONS OF APPROVAL
Planning Division
General

1. All actual site improvements shall be made with adherence to the plans, listed in Exhibit A, except as they may be modified by other conditions of approval listed below. Any variation or modification from the approved plans are subject to the review and approval of the Economic and Community Development Department.

2. This application shall expire one year from the date of City Council approval unless building permits have been issued and construction diligently pursued.

3. The applicant and/or property owner shall include an annotated copy of the approved City Council Resolution with each set of detailed construction plans submitted for plan check review. Notations to the plans shall be made to clearly indicate how all conditions of approval will be or have been complied with. Construction plans shall not be accepted without the annotated final conditions of approval included as a note sheet with each set of plans.

4. The applicant and/or property owner shall apply for and take out all required building and fire permits prior to beginning any on-site work. Plans submitted to the Building Division and Fire Department must demonstrate compliance with all applicable local and State requirements.

5. Plans submitted for building permit issuance shall show the proposed location of the mailbox for the residences subject to the standards of the United States Postal Service.

6. The applicant and/or property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.

Building Materials and Finishes

7. Prior to the issuance of building permits, the applicant and/or property owner shall submit samples and details of color palettes and all exterior materials, including but not limited to roof materials, siding materials, metalwork, exterior doors and windows, and exterior lighting fixtures for review and approval by the Economic & Community Development Department. The color samples shall be provided in a binder with paint and material schemes for each model along with full-size brushouts as opposed to paint chips. Color swatches shall also be painted on the buildings on site for review and approval by the Economic and Community Development Department prior to full painting. The applicant shall use an integral color coat for the City Council/RSA Agenda 160 Tuesday, June 28, 2022
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final color coat on all stucco walls. Any future amendments or changes to the approved painting schemes shall be submitted to the Economic and Community Development Department for approval prior to the repainting of any buildings or structures on site.

8. The applicant and/or property owner shall provide factory-processed color finishes, such as baked enamel, on all exterior metal surfaces.

9. All garage doors within the project shall be a fully insulated metal or fiberglass rollup design with baked-on finish and top window bands and installed with automatic door openers. No two adjacent garage doors shall match.

Landscaping

10. Prior to the issuance of building permits, the applicant and/or property owner shall submit a final landscape package, which is consistent with the preliminary landscape package except as may be modified by the following requirements, other project conditions of approval, and/or by feedback from the City’s consulting Landscape Architect. The landscape package shall also be consistent with Chapter 18.112, Water Efficient Landscape, of the Municipal Code and the Landscape Standards Policy Statement. The final landscape plan will be subject to review and approval by the City’s consulting Landscape Architect. Additional fees for consultant’s review and inspection are required to be paid with the building permit fees. A final inspection of the installed landscaping and irrigation shall be completed prior to the issuance of the Certificate of Occupancy.
a. Trees shall be 24” box size.
b. The applicant and/or property owner shall be responsible for maintaining all irrigation and landscaping and shall replace any dead or dying vegetation on the entire site for the life of the project.
c. Plans submitted for building permit issuance shall include seating and other resident amenities within the common open space, subject to review and approval by the Economic and Community Development Department.

11. The applicant and/or property owner shall provide a cash deposit equal to 50% of the estimated installation cost of the landscaping, up to $10,000.00, in order to ensure the installation of the planting shown on the approved landscape plan. The required deposit shall be submitted to the Economic and Community Development Department prior to the issuance of building permits. The project landscaping shall be installed and inspected, pursuant to the above-stated requirements, prior to issuance of a Certificate of Occupancy for the building.

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Site Improvements

12. The applicant and/or property owner shall provide enhanced driveway paving for each of the lots within the project. Examples of such enhanced paving include, but are not limited to: textured concrete banding, trowel finish banding, stamped concrete, integral concrete, broom finish, salt finish, exposed aggregate finish, and trowel joints.

The final design of the enhanced driveway paving shall be consistent with the existing driveways and be reviewed and approved by the Planning Division prior to issuance of building permits.

13. The unassigned parking spaces within the development shall be labeled "guest parking", except those parking spaces designated for persons with physical disabilities.

14. The applicant and/or property owner shall ensure the existing development is well maintained and is brought up to date as part of this development. Including, replacing or fixing lighted bollards, painting the existing buildings as needed, replacing the missing tiles, repainting faded red curbing, and general cleanup of the site.

15. Plans submitted for building permit issuance shall include a detail of the guest parking signage, for review and approval by the Public Works and Economic and Community Development Departments.

Affordable Housing

16. The applicant and/or property owner shall satisfy the affordable housing requirements set by the original approvals for this project by providing two moderateincome affordable housing units, which must be sold at the income levels as set by the Affordable Housing Regulatory Agreement dated March 13, 2019 Fees

17. Prior to issuance of building permit, the applicant/property owner shall pay all applicable fees (Capital Facilities Fee, Park Facilities Fee, etc.) that are in effect at the time of building permit issuance.

18. Prior to issuance of building permits, the applicant and/or property owner shall pay the General Plan Cost Recovery Fee in effect at the time of building permit issuance.

The current fee is $1.00 per $1,000.00 of construction valuation per City Council Resolution Number 3379-07.

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BUILDING DIVISION

19. Project construction shall fully comply with the California Building Standards Codes in effect at the time of building permit issuance.

20. The applicant and/or property owner shall provide detailed construction plans (working drawings) and calculations to the Building Division for plan review prior to issuance of a building permit. Plans and supporting documents shall be prepared by a state-licensed architect or engineer. Upon completion of the plan check, all applicable fees shall be paid, and a building permit issued prior to commencement of any actual construction work on-site.

21. The proposed building foundation design shall be reviewed by the Geotechnical Engineer who prepared the soils investigation. A letter shall be provided to the Building Department that is stamped and signed by the engineer that verifies the foundation design has been reviewed and found to be in conformance with the soil report requirements.
a. Prior to requesting a foundation inspection from the City, the Geotechnical Engineer or Civil engineer who prepared the soil investigation shall provide a field report in writing which shall state that the building pad was prepared and compacted in accordance with the soil report and specification and that the foundation and/or pier excavation, depth, backfill materials, and drainage, substantially conforms with the soil report and approved plans.

22. The applicant and/or property owner shall provide documentation clearly identifying all existing construction to be reused, and their condition. Plans submitted for building permit issuance shall detail how the reused items meet or will be modified to meet current building code requirements. This documentation shall be signed by a licensed structural engineer. The documentation shall be reviewed by the City prior to allowing their reuse.

23. The applicant and/or property owner shall maintain the property to be free of litter, weeds, debris, etc., both before and after the issuance of building permits. Daily litter and debris collection rounds shall be conducted on the site and an adequate number of trash receptacles shall be provided to minimize litter accumulation.

24. The applicant and/or property owner shall comply with the Construction and Demolition Ordinance 576-01 to divert recyclable debris away from landfills. The applicant shall submit a completed Construction and Demolition Waste Management Plan with their application for a construction or demolition permit.

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25. The applicant and/or property owner shall not locate construction debris boxes within the public right-of-way (ROW), driveways, or on adjacent private properties.

FIRE DEPARTMENT

26. The structure shall be provided with a Fire Protection System meeting National Fire Protection Association (NFPA) 13D standards, as adopted by Union City (the edition in effect at the time of sprinkler submittal). The applicant/property owner shall submit plans to the Fire Department for review and approval prior to doing any work on the system.

27. Plans submitted for fire/building permit issuance shall show Carbon Monoxide detectors installed in all units per manufacture specifications in accordance with the California Residential and Building Code (2019 edition or current edition).

28. Plans submitted for fire permit issuance shall show interconnected smoke alarms installed per the California Fire Code (2019 edition or current edition) and NFPA 72 Fire Alarm Code.

29. Plans submitted for fire and building permit issuance shall show locations of every sleeping room and shall have at least one operable emergency escape and rescue window opening to be installed per the California Fire / Building / Residential Code (2019 edition or current edition).

30. The applicant and/or property owner shall apply for a hot work permit for all welding and cutting operations prior to any work being performed

31. The applicant and/or property owner shall ensure access to the building during construction is not impeded or obstructed to allow responding personnel to enter and workers to evacuate the property.

POLICE DEPARTMENT

32. The front door shall be of a design that does not include any windows or clear vision panels within 36 inches of any entry door locking device unless the glazing material is rated burglar-resistant (impact resistant).

33. The garage door glazing material shall be rated burglar-resistant (impact resistant).

34. The applicant and/or property owner shall equip the front doors of the unit with a minimum 180-degree door viewer (as appropriate).

35. The applicant and/or property owner shall provide illuminated addressing on the forward most portion of the residence with four-inch high numerals and painted addressing on the curb.

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PUBLIC WORKS DEPARTMENT
General

36. The applicant and/or property owner shall include an annotated copy of the approved Public Works Conditions with each set of grading/improvement plans submitted for plan check review. Notations to the plans shall be made to indicate how all conditions of approval will be or have been complied with. Grading/improvement plans shall not be accepted without the annotated conditions of approval included as a note sheet with each set of plans.

37. The applicant and/or property owner shall grade the lot so that all stormwater is released onto the public right-of-way. No drainage to adjacent private properties shall be allowed without the applicant first securing drainage easements from adjoining properties.

38. The applicant and/or property owner shall apply for a grading permit and submit a grading plan showing the existing and proposed grades on the entire lot.

39. The applicant and/or property owner shall pay a Grading Permit fee and post a bond based upon the amount of Cut and Fill shown on the grading plan.

40. The applicant and/or property owner shall provide an engineer’s cost estimate for the work related to grading and other ‘Civil’ work, including, but not limited to, demolition, excavation, and off-haul of existing foundation, concrete, drainage system, retaining walls, fencing, irrigation system, and landscaping. The Plan Check & Inspection fee shall be based on the accepted engineer’s construction cost estimate for all on-site civil work.

41. The applicant and/or property owner shall secure an encroachment permit from the Public Works Department for all work in the public right-of-way. The applicant shall be responsible for any repairs within the limits of the development, including streets and paving, curbs and gutters, sidewalks, and street lights, or installation of same where not existing, as determined by the City Engineer.

42. The applicant and/or property owner shall ensure that all new electrical and communication facilities to the new buildings are undergrounded. No overhead facilities will be allowed from the pole to the new structures.

43. The applicant and/or property owner shall pay all Public Works Department fees prior to the issuance of the Grading permit. Encroachment Permit fees may be paid at the time of issuance of the permit for work in the public right of way.

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44. The applicant and/or property owner shall show all existing and proposed utilities on the improvement plans submitted for review and approval. This shall include the backflow preventor/ Fire Dept. connection located at the southeast corner of the lot as well as the three electrical cabinets located along the north side of the lot.

45. The applicant and/or property owner shall work with utilities, such as ACWD, PG&E, and USD to ensure that their current requirements are met, as well as provide documentation that the utilities will allow the use of any existing utilities that were installed.

46. The applicant and/or property owner shall submit a ‘Stormwater Requirements Checklist’ for review and approval.

47. The applicant and/or property owner shall ensure that construction activity on-site shall comply with Section 9.40.053 of the Union City Municipal Code, and is limited to the following hours:

Monday through Friday - 8:00 a.m. to 8:00 p.m.

Saturday - 9:00 a.m. to 8:00 p.m.

Sundays & Holidays - 10:00 a.m. to 6:00 p.m.

48. The applicant and/or property owner shall ensure and provide documentation that any existing storm drain to be used is still functioning as originally intended. This effort may include cleaning out the storm drain inlets, power flushing pipes and submitting a video survey of the drainage system.

49. The applicant and/or property owner shall execute an operations & maintenance (O&M) agreement with the City to ensure the ongoing maintenance of the biotreatment areas to be installed to meet the requirements of the Alameda County Clean Water Program.

Site Improvements

50. The applicant and/or property owner shall replace any cracked or uplifted portions of the sidewalk and gutter along the entire frontage of the portion of lot being developed, including any such damaged concrete items along existing portions of the existing development.

51. The applicant and/or property owner shall ensure that the retaining wall at the corner of Dyer St./ Meteor Dr. is repainted and the missing letters from the ‘Pacific Landing’ sign are replaced.

52. The applicant and/or property owner shall ensure that low areas in the existing asphalt paved drive aisle area are filled, and the drive aisle slurry sealed or repaved.

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53. The applicant and/or property owner replace the existing fences on the east and north of the development which are dilapidated and failing.

54. The applicant and/or property owner install “No Dumping -Drains to Bay” stencils at all inlets within the existing and proposed areas of the development.

55. The applicant and/or property owner shall provide adequate street lighting along Meteor Dr. which may consist of public or private streetlight poles located along the lot frontage. A photometric study may be required to better understand the proposed lighting levels within the development and along the public sidewalk.

Stormwater “during Construction” best Management Practices

56. The applicant and/or property owner shall ensure that all contractors, subcontractors, and suppliers are aware of all current stormwater pollution prevention measures and their implementation requirements.

57. The applicant and/or property owner shall ensure that concrete/gunite supply trucks or concrete/plaster and finishing operations discharge washout water into a designated cleanout area that is designed to prevent pollutants from entering the stormwater and/or sanitary sewer system.

58. The applicant and/or property owner shall ensure that discharge restrictions shall also apply to the operation of general construction machinery including masonry cutting equipment, and the washing of tools, brushes, containers, etc. These operations shall not be performed in the street, gutter, or where pollutants can enter the stormwater system. Failure to comply with the approved construction requirements will result in the issuance of correction notices, citations, or project stop-work orders.

59. The applicant and/or property owner shall install filter materials (sandbags, filter fabric, straw wattle, etc.) at the storm drain inlet nearest the downstream side of the project site and any other inlets along property frontage, prior to the start of work.

Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and prevent street flooding. Filtered particles shall be disposed of in an appropriate manner based upon content.

60. The applicant and/or property owner shall gather all construction debris on a regular basis and place it in a dumpster or other container, which is emptied or removed at a minimum on a weekly basis. When appropriate, tarp shall be used on the ground to collect falling debris, paint over-spray, etc. that could contribute to stormwater pollution.

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61. The applicant and/or property owner shall ensure that trash enclosures and/or recycling containers, staging, or lay down areas shall be designed and constructed to prevent pollutants from entering the storm drain system.

62. The applicant and/or property owner shall create a contained and covered area on site for the storage of bags of cement, paints, flammables, oils, fertilizers, pesticides, or any other materials used on the project site that have the potential of becoming a pollutant and/or being discharged to the storm drain system.

63. The applicant and/or property owner shall ensure that dirt, gravel, debris, and green waste shall be removed from the sidewalk, street pavement, and storm drains adjoining the project site. These areas shall be broom swept on a daily basis. Cakedon mud or dirt shall be scraped before sweeping. During wet weather, the applicant should avoid excavation and other activities that lead to pollutants entering stormwater such as driving vehicles on unpaved areas, etc.

UNION SANITARY DISTRICT

64. A Lateral Permit from Union Sanitary District (USD) will be required to connect to the sewer system and sewer capacity will need to be purchased for the residence. Please see USD’s website (https://www.unionsanitary.com) for permit requirements, fees, and additional information.

ALAMEDA COUNTY WATER DISTRICT

65. Copies of the District’s Standard Specifications for Water Main Installation and Development Specifications for Public Water System Extensions are available on the District's website at http://www.acwd.org.

66. For modifications of existing water facilities or to initiate new water service to the property, the applicant and/or property owner shall contact the District Engineering Department. Any existing water services which will not be used in the new development must be removed by the District at the applicant and/or property owner’s expense

67. The applicant/property owner shall provide the minimum clearance requirements specified by ACWD between water meters, service lines, fire hydrants or mains, and the nearest utilities, buildings, and trees. Reference District Standard Drawings CL-1- 08 through CL-5-08.

68. Each irrigation service, and separate dedicated fire service to each building, may require, an above-ground reduced pressure backflow prevention device. Backflow prevention devices must be located in accordance with District Standard Drawings City Council/RSA Agenda 168 Tuesday, June 28, 2022
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BP-1-08 through BP-3-08. The location and screening of these above-ground devices should be considered in the site design to address both District installation standards as well as aesthetic concerns of the development. Backflows located within buildings are not acceptable.

69. Easements dedicated to the District shall be provided for all water mains and Districtowned appurtenances located in private property and outside the public right-ofway. For more information related to easements dedicated to the District, reference Section 2.2.3 of the District’s Development Specifications

70. For domestic water meters not installed directly in front of the unit being served, prior to meter installation by the District, the applicant and/or property owner would be responsible to provide written confirmation to the District that they have confirmed and certified that the private side piping from each meter to the unit matches the address to the unit being served by that meter install.

71. Meters are not allowed within the sidewalk. The applicant and/or property owner shall either meander the sidewalk around the proposed meter locations providing the required minimum clearance or install the meters behind the sidewalk within either a dedicated Public Utility Easement (PUE) or provide the District with a dedicated Water Line Easement (WLE). New service lines and meters would be installed by District forces at applicants and/or property owners’ expense

72. Particular attention should be paid to any proposed work underneath existing District asbestos cement pipe (ACP) water main fronting the project site. The District has an existing 8 inch ACP water main located within Meteor Drive. No excavations or crossings under the ACP are allowed. If utility installations below the ACP are required for the project, the District may replace a portion of the existing main with PVC or steel pipe. Such replacement must be done by District forces at the applicants’ and or property owners’ expense.

VI. RECOMMENDATION
The City's Development Review Committee recommends that the Planning Commission recommend approval of SD-22-001 to the City Council, subject to conditions, and making the following specific findings in support of the recommendation:

CEQA
a. That the project is categorically exempt under Section 15332, In-Fill Development, of the California Environmental Quality Act (CEQA); and
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Site Development Review
b. The project is consistent with the General Plan. The General Plan designates the project site for multi-family residential uses allowing 10-17 dwelling units per acre. The project is consistent with the following goals and policies of the General Plan: 1) Policy LU-1.2, Promote infill and enhance Neighborhoods, and Policy LU-4.6 Appropriate Scale and Massing. There are no applicable specific plans for this site; and
c. The project, as conditioned, is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people, to protect the character and maintain the stability of residential areas within the city, and to promote the orderly and beneficial development of such areas. The proposed project, as conditioned, complies with, or exceeds, the relevant development standards of the RM 2500 zoning district; and
d. The project, as conditioned, is consistent with the purpose of Site Development Review, which seeks to promote orderly, attractive, and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clause or performance standard requirement of the zoning title. The project proposes the development of well-designed buildings, which are consistent with applicable Zoning standards, incorporates complementary materials and is in scale with the neighboring developments.

It is further recommended that the Planning Commission adopt a Resolution confirming this action.

Prepared by
Brandon H. DeLucas, Associate Planner
Attachments
Exhibit A: Project Plans (Date stamped May 11, 2022)
City Council/RSA Agenda 170 Tuesday, June 28, 2022
______________________________________________________________________ STAFF REPORT Ruby Homes 9 townhomes SD-22-001
4312 Dyer Street May 19, 2022
City Council/RSA Agenda 171 Tuesday, June 28, 2022
Desk Item
DATE: MAY 19, 2022
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: SITE DEVELOPMENT REVIEW (SD-22-001) - 4312 DYER ST.

Staff received questions/comments from Commissioner Lew regarding the project. The following are the questions received and staff’s responses (in red italics).

Commissioner Lew Comments

1. Staff report, page 7, Section III, #1 please clarify whether there is a specific plan applicable to this project site and add a clarifying statement here and on page 18 under Section VI, Item b.

There is no specific plan which applies to this project site. Staff recommends the following modified language: