Union City City Council
August 9, 2022

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, August 9, 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. Sister Cities Twinning Ceremony for Mushin, Lagos, Nigeria

3.b. Union City Transit Fall 2022 Service Changes

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the City Council/RSA Agenda 1 Tuesday, August 9, 2022
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 July 26, 2022 and Adopt a Resolution Ratifying and Approving Actions Taken at the July 26, 2022 City Council Meeting and Directing the Legislation And Policy Committee to Analyze and Propose Rules for Hybrid and Virtual Council Meetings

5.c. Adopt a Resolution Approving a Five-Year Extension of Tentative Parcel Map 11004 (TPM 11004) (Lazuli Landing - MidPen Housing Corporation)

5.d. Adopt a Resolution Approving Amendment No. 1 to
Employment Agreement with Lola Tapia

5.e. Adopt a Resolution Accepting the Report on State-Mandated Fire and Life Safety Inspections in Union City from Alameda County Fire Department

5.f. Adopt a Resolution Approving Amendment No. 2 to the Consultant Services Agreement with William R. Gray and
Company, Inc., DBA Gary-Bowen-Scott, in the Amount of
$240,000, for Progress Reporting and Reimbursement
Process for Alameda County Transportation Commission
(Alameda CTC) Funded Projects for a Total Contract Amount of $464,000

5.g. Adopt a Resolution 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 August 9
Pursuant to AB 361 and Adopt a Resolution Confirming the Continued Existence of a Local Emergency Due to COVID-19 City Council/RSA Agenda 2 Tuesday, August 9, 2022

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Study Session and Informational Report on Current Condition of City Hall and Other City Facilities, and Seeking Direction on Next Steps

7.b. Informational Progress Report On The City’s Strategic Plan And City Council Priorities For Fiscal Year 2021-2022

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

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
COVID-19 Notice: Consistent with State of California Executive Order No. 29-20 dated March 17, 2020, the City Council will be participating in public meetings via phone/video conferencing. The City Council Chambers will not be open to the public. Members of the public can observe and address the Council using the below technological processes.

How to watch the meeting remotely:

City Council/RSA Agenda 3 Tuesday, August 9, 2022

1. Comcast TV Channel 15 (UCTV 15)

2. Live stream https: https://www.unioncity.org/199/City-Meetings-Video How to Address Council:

Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments received before 3:00 p.m. will be e-mailed to the City Council and made publicly available. Comments received after 3:00 p.m. will be read into the record for up to the first 300 words (approximately 3 minutes consistent with the time limit provided for public speakers) and added to the official record.

Public Comment via Teleconference: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Raise your virtual hand to notify the host that you would like to speak during that portion.

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Please click the link below to join the webinar:
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Passcode: Mr6%qH6P
Or Telephone:

Dial (for higher quality, dial a number based on your current location):

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ADA Accessibility: If you require a reasonable modification or accommodation for a disability, please email the
City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting. 3511412.1
City Council/RSA Agenda 4 Tuesday, August 9, 2022
Agenda Item
ATTACHMENTS:

Description Type
Sister City Letter of Intent - Mushin Attachment
City Council/RSA Agenda 5 Tuesday, August 9, 2022

Letter of intent
Between the
City of Union City
California, United States of America
and the
City of Mushin
Lagos, Nigeria
This letter of intent between the City of Mushin, Lagos, Nigeria and the City of Union City, California, United States of America serves to establish a sister city relationship.

The City of Mushin and the City of Union City, for the purpose of further developing and enhancing current friendly cooperation and promoting mutual understanding and friendship between the two cities, have, through friendly discussions, combined to express their intent to establish a sister city relationship.

The two cities agree to make concerted efforts, on the basis of equal partnership and mutual benefits, to jointly promote friendly people-to-people contacts as well as business and trade relationships, and to actively conduct exchange and cooperation in the areas of culture, education, science, technology, sports, and health.

This letter of intent is signed on this 9
th day of August 2022.
____________________ _ ____________________ _
Carol Dutra-Vernaci Emmanuel O. Bamigboye
Mayor Executive Chairman
City of Union City City of Mushin
United States of America Nigeria
City Council/RSA Agenda 6 Tuesday, August 9, 2022
Agenda Item
ATTACHMENTS:

Description Type
Draft Minutes Reg Mtg 07262022 Attachment
Resolution Resolution
City Council/RSA Agenda 7 Tuesday, August 9, 2022

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, July 26, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Councilmember Gacoscos called the meeting to order at 7:00 p.m.

Staff removed item 7.a. from the agenda.

1.a. Pledge of Allegiance – Councilmember Gacoscos led the salute to the flag.

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

Absent: Mayor Dutra-Vernaci

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Update on the Status of the Cargill Mixed Sea Salt Pipeline Project Impacting Union City Boulevard, Notice of Preparation, Presented by East Bay Discharge Authority (EBDA)
Presentation given by Don Brown, Cargill’s Director, NA Government Relations and Jackie Zipkin, General Manager of the East Bay Dischargers Authority (EBDA),

3.b. Update of the Union City Boulevard Bike Lanes Project, City Project No. 17-29, Presented by Kimley-Horn
Presentation given by John Pulliam, Municipal and County Roadway Practice Builder at Kimley-Horn, and Public Works Director, Marilou Ayupan.

3.c. Update on Human Resources Department Operational Plan and Onboarding Presentation, Lilybell Nakamura, Human Resources Director City Council/RSA Agenda 8 Tuesday, August 9, 2022
Presentation given by Human Resources Director, Lilybell Nakamura.

4. ORAL COMMUNICATIONS
Public comment given by individual identified as Soorya.

5. CONSENT CALENDAR
It was moved by Councilmember Singh and seconded by Councilmember Duncan to adopt consent calendar items 5.a. through 5.j. The motion was carried by a unanimous roll call vote of all those present.

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. Approved the Minutes of the City Council Meetings Held on July 12, 2022

5.c. Adopted Resolution No. 5979-22 Authorizing the City Manager to Execute Amendment No. 2 to Agreement, C5460, with Bay Area Tree Specialists, in the Amount of $500,000, for the 2022-2023 Tree Pruning Project, City Project No. 20-10, for a Total Contract Amount of $1,160,000

5.d. Adopted Resolution No. 5980-22Authorizing the City Manager to Execute the Sea Salt Pipeline and Bike Lanes Project Construction and Cost Sharing Agreement Between the City of Union City and Cargill, Incorporated, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, and Increasing the Revenue Projections in the Gas Tax Fund by $405,000

5.e. Adopted Resolution No. 5981-22 Authorizing the Award of the Construction Contract to Ray's Electric, in the Amount of $170,334, for the Enhancement of Pedestrian Infrastructure (Safe Routes to School (SRTS) Improvements) at James Logan High School and Guy Emanuele, Jr. Elementary School Project, City Project No. 21-27, and Appropriating an Additional $8,367 of Gas Tax Funds (Fund 2510), Bringing the Total Project Cost to $187,367

5.f. Adopted Resolution No. 5982-22 Approving the City's Investment Policy

5.g. Adopted Resolution No. 5983-22 Endorsing the Alameda County Home Together 2026 Draft Implementation Plan

5.h. Adopted Resolution No. 5984-22 Approving an Amendment to the Classification Plan and Adopting a Side Letter Between with the City of Union City and Service Employees International Union Local 1021 (SEIU) To Create Technical Support Specialist I and Technical Support Specialist II Positions for the Information Technology Services Department and Approving an Amendment to the City’s Compensation Plan and Salary Schedule

5.i. Adopted Resolution No. 5985-22 Approving the Migration of the Police Department’s Cellular Service from Verizon to FirstNet by AT&T, for a OneTime Equipment Cost of $6,755.98, a One-Time Credit of $18,275.00, and a Monthly Service Charge Of $4,028.15, For A Total Two-Year Cost of $85,156.58, and Authorizing the City Manager to Execute Agreements to Purchase the New Equipment and Services
City Council/RSA Agenda 9 Tuesday, August 9, 2022

5.j. Adopted Resolution No. 5986-22 Approving the Replacement of Computers and Peripherals for City Staff and Police Vehicles Through Provider Dell Technologies, for a Total Four-Year Lease Cost of Approximately $545,000.00, Through Bank of America, and Authorizing the City Manager to Execute the Purchase and Lease Agreements

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Provide Feedback on the Sixth Cycle (2023-2031) Draft Housing Element and Related General Plan and Zoning Amendments and Authorize Submittal to the State Department of Housing and Community Development This item was pulled by staff and not considered by the Council because staff had not received direction from the Fair Political Practices Commission (FPPC) on whether certain Councilmembers could participate, which was needed for a quorum.

7.b. Adopt a Resolution Approving an Amendment to the Compensation and Benefit Plan for Unrepresented Employees
City Attorney Kristopher J. Kokotaylo presented the staff report. There were no questions or comments from Council.

It was moved by Councilmember Duncan and seconded by Vice Mayor Patiño to adopt Resolution No. 5987-22 Approving an Amendment to the Compensation and Benefit Plan for Unrepresented Employees. The motion was carried by a roll call vote of all those present.

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 Patiño reported on his attendance of the StopWaste meeting and the Board of Directors meeting for the East Bay Community Energy Committee.

Vice Mayor Patiño was reporting from his current location of Atlanta, GA, where he was attending the League of National Cities Summer Board and Leadership Meeting.

13. GOOD OF THE ORDER
Councilmember Duncan commended staff for the Boards and Commissions event held on July 20.

Councilmember Singh noted that people are barbequing on the streets, notably near the Shell on Whipple.

Vice Mayor Patiño also commended staff for the Boards and Commissions event held on July 20.

Vice Mayor Patiño also noted that people are barbequing on the streets, notably near Mission and D Street and on Whipple just over the railroad tracks.

City Council/RSA Agenda 10 Tuesday, August 9, 2022
Vice Mayor Patiño thanked the Public Works staff for installing a new streetlight at 8 th
and A Streets.

Vice Mayor Patiño requested maintenance of the rain gardens throughout the Decoto neighborhood.

Vice Mayor Patiño provided sentiment on management staff actions regarding the conduct of the meeting.

14. CLOSED SESSION – None

15. ADJOURNMENT
Councilmember Gacoscos adjourned the meeting at 8:52 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 11 Tuesday, August 9, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY RATIFYING AND APPROVING ACTIONS
TAKEN AT THE JULY 26, 2022 CITY COUNCIL MEETING AN

DIRECTING THE LEGISLATION AND POLICY COMMITTEE

TO ANALYZE AND PROPOSE RULES FOR HYBRID AND

VIRTUAL COUNCIL MEETINGS
WHEREAS, the City Council of Union City (“Council”) held a duly-noticed regular meeting on July 26, 2022 (“Meeting”) and, in accordance with state law, took multiple actions at the Meeting including the adoption of multiple resolutions as reflected in the minutes attached hereto as Exhibit A; and
WHEREAS, Chapter 2.04 of the Union City Municipal Code governs the procedure for City Council, but is silent as to the procedure to be followed when both the Mayor and Vice Mayor are physically absent, but participate virtually in a meeting; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and WHEREAS, on March 16, 2020, the Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID19; and WHEREAS, the statewide and local emergency due to the COVID-19 pandemic have existed since March 2020 and numerous state actions have authorized the Council to conduct virtual and hybrid meetings; and
WHEREAS, in accordance in with state law, the Council has conducted virtual and hybrid meetings; and
WHEREAS, numerous provisions of Chapter 2.04 have not been updated for nearly 50 years with the most recent updates related to Council procedures occurring in 2016, prior to the COVID-19 pandemic, a result of which virtual meetings were authorized as compliant with the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963) (the “Brown Act”), and the widespread use ensued; and
WHEREAS, the Meeting was hybrid and the Council voted on the items considered and the public was provided with an opportunity to participate as required by the Brown Act; and
WHEREAS, the Council now seeks to ratify and affirm the actions taken on July City Council/RSA Agenda 12 Tuesday, August 9, 2022
26, 2022 as well as the procedures used; and
WHEREAS, the Council finds it necessary to further establish procedures to account for the practical needs of the Council, the need to conduct efficient and effective meetings and eliminate any perceived or actual ambiguity that may exist in Council procedures.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby ratifies and affirms the actions taken by the Council on July 26, 2022 as well as the procedures used.

BE IT FURTHER RESOLVED that the City Council hereby directs the Legislation and Policy Committee to propose revisions to Chapter 2.04 of the Union City Municipal Code and/or the establishment of any other policies and procedures to account for the practical needs of the City Council and the need to conduct efficient and effective meetings.

City Council/RSA Agenda 13 Tuesday, August 9, 2022
Agenda Item
DATE: 8/9/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A 5-YEAR EXTENSION OF TENTATIVE PARCEL MAP 11004 (TPM 11004) (LAZULI LANDING - MIDPEN

HOUSING CORPORATION)
Staff recommends that the City Counciladopt a resolution to approve the extension of Tentative Parcel Map 11004 (TPM 11004) for a 5-year period until September 26, 2027. The extension, which is allowed by the Subdivision Map Act and Municipal Code, will enable the developer, MidPen Housing Corporation (MidPen), to secure additional financing required for Lazuli Landing (“Project”). The extension will have no impact on City’s General Funds.

STRATEGIC PLAN ALIGNMENT
Goal C, Strategy 5 - Promote housing development for all income levels in the community by updating the zoning ordinance to include objective standards for new multi-family residential development in order to streamline the review of applications for housing developments, and update the Housing Element, to facilitate the development of affordable housing.

BACKGROUND
At its meeting of July 28, 2020, City Council approved TPM 11004 to combine several underlying parcels into a single 1.65-acre parcel to develop 81 affordable apartments and 6,319 square feet of office space, which is to be leased to the City for Youth and Family Services and Centro de Servicios.

Pursuant to the Municipal Code, a tentative map expires if a final map is not recorded within 2 years. However, before MidPen can record a final map, the Project is required to submit plans for the offsite public improvements, including, but not limited to, planned ACWD water line main replacement and upsizing, to ACWD and the City for review and approvaland post bonds for these improvements before construction could start. The Project expects to submit these offsite public improvement plans and record the final map closer to the Project’s construction start date, currently anticipated for November 2024. The start date has been delayed due to the challenges faced in securing construction funding for the Project.

City Council/RSA Agenda 14 Tuesday, August 9, 2022
The Subdivision Map Act allows a developer to apply to the City Council for an extension of a tentative map prior to its expiration and upon receipt of the extension request, the City has 60 days from the expiration date to approve the extension. To ensure that a subsequent extension is not requested, MidPen is seeking a 5-year extension and plans to record the final map prior to the requested expiration date of September 26, 2027.

DISCUSSION
The rectangular block owned by the City and to be developed is located adjacent to Mission Boulevard, and is bounded by D Street, E Street, Mission Boulevard and Second Street.

The Lazuli Landing Project continues to move forward towards construction and acquiring the necessary funding to bring this Project to fruition. To date, public funding has been committed from the City of Union City, Alameda County’s Measure A1 Funds, and State Housing and Community Development (HCD) Affordable Housing and Sustainable Communities (AHSC) program. Once all public funding applications have been approved and funds have been awarded to Lazuli Landing, MidPen Housing will apply to the California Tax Credit Allocation Committee (CTCAC) for 4% tax credit funding and California Debt Limit Allocation Committee (CDLAC) for tax-exempt bond financing.

Since the Project received its approvals on July 28, 2020, MidPen diligently pursued funding. The application and award process for affordable housing can take several months and MidPen is continuing to work through those processes with HCD. The City has also supported MidPen in the application process. Specifically, as part of the AHSC award, the City committed to repaving a portion of Decoto Road to accommodate bike lanes. The participation in this grant was authorized by the City Council on May 25, 2021, Resolution 5760-21.

In July 2022, MidPen submitted an HCD SuperNOFA application requesting additional funding for the Project.

Awards for the SuperNOFA are expected to be announced in Fall 2022. After the Project secures all financing, including competitive tax-exempt bond and tax credit financing, the Project will be positioned to start construction, currently anticipated in November 2024. Prior to construction start, MidPen will record the final map.

The developer has indicated intent to begin construction as soon as the design is finalized, all permits and approvals are obtained and the financing is secured. However, to ensure that an additional extension is not needed, the developer is requesting that the TPM be extended for a period of 5 years, until September 26, 2027. This would also allow MidPen sufficient time to secure any other additional funding from highly sought-after competitive State funding programs, in case any of its applications were not to be successful.

The developer will pay all fees that are in effect at the time of securing the various City and utility agency permits.

There will be no other changes to the Project, and the existing conditions of approval for the Project will remain in place. If the City Council grants the 5-year extension, the tentative parcel map will remain valid until September 26, 2027.

FISCAL IMPACT
This is a developer-funded Project and extending the tentative map expiration date will have no impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to approve the extension of Tentative Parcel Map 11004 (TPM 11004) for a 5-year period until September 26, 2027.

City Council/RSA Agenda 15 Tuesday, August 9, 2022
Prepared by:

Farooq Azim, City Engineer
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit A - TPM 11004 Exhibit
Exhibit B- TPM 11004 - Request for 5-Year Extenson Exhibit City Council/RSA Agenda 16 Tuesday, August 9, 2022
RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING A 5-YEAR EXTENSION
OF TENTATIVE PARCEL MAP 11004 (TPM 11004)
(LAZULI LANDING – MIDPEN HOUSING CORPORATION)
WHEREAS, at its meeting of July 28, 2020, the City Council approved Tentative Parcel Map 11004 (TPM 11004), attached as Exhibit A, to combine several underlying parcels into a single 1.65-acre parcel to develop 81 affordable apartments and 6,319 square feet of office space; and
WHEREAS, pursuant to the Municipal Code, a tentative map expires if a final map is not recorded within 2 years; and
WHEREAS, the Project is required to submit plans for the offsite public improvements, including ACWD water line main replacement and upsizing work, for ACWD and City review and approval before construction could start; and
WHEREAS, project continues to acquire the necessary funding and has received public funding commitments from the City of Union City, Alameda County’s Measure A1 Funds, and State Housing and Community Development (HCD) Affordable Housing and Sustainable Communities (AHSC) program; and
WHEREAS, The AHSC program assists projects that reduce greenhouse gas emissions by such means as improving connectivity to transit, including pedestrian and bicycle paths, and providing affordable housing; and
WHEREAS, in January 2022, the Project received a funding award in the amount of $21,123,592, which is comprised of a $13.5 million loan for the development of Lazuli Landing and the remainder of $7,623,592 for the construction of BART improvements and transportation improvements in the City, such as Class IV bike facility on Decoto Road from Station Way to Mission Boulevard and upgrades to ADA ramps in the Decoto neighborhood; and WHEREAS, the repaving of Decoto Road in both directions between Station Way and Mission Boulevard that will be needed prior to installing the Class IV bike facility will be an eligible item under the AHSC grant (City Council Resolution 5760-21); and WHEREAS, once all public funds have been secured for Lazuli Landing project, MidPen Housing will apply to the California Tax Credit Allocation Committee (CTCAC) for 4% tax credit funding and California Debt Limit Allocation Committee (CDLAC) for tax-exempt bond financing; and
WHEREAS, the Project expects to submit the offsite public improvement plans and record the final map after securing funding required for construction prior to the construction start date, currently anticipated for November 2024; and City Council/RSA Agenda 17 Tuesday, August 9, 2022
WHEREAS, the Subdivision Map Act allows a developer to apply to the City Council for an extension of a tentative map prior to its expiration and upon receipt of the extension request, the City has 60 days from the expiration date to approve the extension; and WHEREAS, to ensure that a subsequent extension is not requested, MidPen Housing is seeking a 5-year extension and plans to record the final map prior to the requested expiration date of September 26, 2027 (Exhibit B); and
WHEREAS, the Subdivision Map Act and Municipal Code allow the City Council to grant the requested 5-year extension of a tentative map; and WHEREAS, there will be no other changes to the project, and the existing conditions of approval for the project will remain in place; and
WHEREAS, this is a developer-funded project and extending the tentative map expiration date will have no impact on the General Fund; and
WHEREAS, the developer will pay all fees that are in effect at the time of securing the various City and utility agency permits; and
WHEREAS, the City Council previously certified an Environmental Impact Report and adopted a Mitigation Monitoring and Reporting Program for the Project, both of which remain valid and unchanged by the extension granted by this Resolution; and WHEREAS, the City Council has determined that it is appropriate to extend TPM 11004 by five years; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby approve the extension of tentative Parcel Map 11004 (TPM 11004), for a 5-year period until September 26, 2027.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
City Council/RSA Agenda 18 Tuesday, August 9, 2022
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRIS KOKOTAYLO
City Clerk City Attorney
3601024.1
City Council/RSA Agenda 19 Tuesday, August 9, 2022
City Council/RSA Agenda 20 Tuesday, August 9, 2022
City Council/RSA Agenda 21 Tuesday, August 9, 2022
City Council/RSA Agenda 22 Tuesday, August 9, 2022
City Council/RSA Agenda 23 Tuesday, August 9, 2022
City Council/RSA Agenda 24 Tuesday, August 9, 2022
July 1, 2022
Mr. Farooq Azim, City Engineer
Public Works
City of Union City
34009 Alvarado-Niles Rd
Union City, CA 94587
RE: Lazuli Landing – Tentative Parcel Map Extension Application

Dear Mr. Azim,
Per City Council Resolution Number 5631-20, City Council approved Lazuli Landing’s Tentative Parcel Map (TPM-19-001) on July 28, 2020. According to Conditions of Approval G.3, the project’s tentative parcel map expires 2 years from the date of the City Council approval, unless an extension is granted in accordance with Section 66452.6 of the State Subdivision Map Act.

Please consider this written request as an extension application for the project’s Tentative Parcel Map approval. We request that the Tentative Parcel Map approval be approved within 60 days after Tentative Parcel Map expiration and be extended for 5 years, expiring on September 26, 2027.

This extension is being requested so that the Project, Lazuli Landing, has adequate time to secure additional public funding required to start construction and submit offsite improvement plans to the City for review and approval. The Project is anticipating construction start in November 2024; however, due to the highly competitive environment for State funding, MidPen is requesting a 5 year extension for its tentative parcel map in order to allow for additional application submissions if in the case any of its applications are not successful.

If you have any questions about the above, please contact me at (650) 356-2982 or at [email protected].

Sincerely,
Michelle Kim
Project Manager
City Council/RSA Agenda 25 Tuesday, August 9, 2022
Agenda Item
DATE: 8/9/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE

POST-RETIREMENT EMPLOYMENT AGREEMENT WITH RETIRED

ANNUITANT LOLA TAPIA
Staff recommends that the City Council adopt the attached resolution approving Amendment No. 1 to the post-retirement employment agreement with retired annuitant Lola Tapia. This employment agreement allowed the City to hire retired annuitant Lola Tapia on a limited and temporary basis to perform services that require specialized skills while the City completes the transfer of information to current staff and the recently-hired Senior Accountants. This resolution approves an extension from August 11, 2022 through December 31, 2022, and increases the hourly pay rate in conformance with the recently-approved salary increases.

STRATEGIC PLAN ALIGNMENT
There is no direct alignment with the Strategic Plan.

BACKGROUND
On July 15, 2021, Lola Tapia, Senior Accountant, retired from the City of Union City's workforce, thus becoming a CalPERS retired annuitant. Ms. Tapia possesses specialized skills needed to perform certain work that the City must carry out as information is transferred to current and recently-hired employees. Ms. Tapia also possesses knowledge that will need to be documented and transferred to other staff related to payroll processing and other specific, detailed accounting functions.

The nature of Ms. Tapia's extension continues to be as an extra help retired annuitant. She will continue to assist current and recently-hired staff as needed to learn the complicated and detailed tasks associated with payroll processing and certain general ledger accounting work. As a CalPERS extra help retired annuitant, she will perform work of limited duration (no more than 960 hours per fiscal year) including the elimination of backlogs, limited-term special project work, and/or work in excess of what regular permanent staff can do. In this instance, this limited term special project relates to the elimination of backlog and the transfer and City Council/RSA Agenda 26 Tuesday, August 9, 2022
documentation of knowledge related to the City’s payroll and accounting functions for which Ms. Tapia is the only person qualified.

DISCUSSION
Retired Annuitant Lola Tapia has been assisting City staff for the past year with several special projects such as the restoration of the City’s electronic timesheet function which was compromised as a result of the ransomware attack. Now she is working with the two new Senior Accountants to help train them and transfer her extensive knowledge in payroll and other accounting tasks to them. City Council’s approval of the attached resolution will allow Ms. Tapia to continue to provide extra help to the City through the end of the calendar year. The resolution also approves an increase in Ms. Tapia’s hourly rate from $55.60 to $57.27, in accordance with the new salary pay table for PEG positions. Such terms are in conformance with CalPERS regulations.

FISCAL IMPACT
The costs related to the adoption of this Resolution and the approval of this Amendment No. 1 to the Employment Agreement will be covered by salary savings resulting from a current vacancy in the Finance Department.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving Amendment No. 1 to the post-retirement employment agreement with retired annuitant Lola Tapia.

Prepared by:

Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Resolution Approving Amendment No. 1 to Employment Agreement with Lola Tapia
Resolution
Amendment No. 1 to Employment Agreement with Lola Tapia Exhibit City Council/RSA Agenda 27 Tuesday, August 9, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AMENDMENT NO. 1 TO THE POST RETIREMENT EMPLOYMENT

AGREEMENT WITH RETIRED ANNUITANT LOLA TAPIA

WHEREAS, Lola Tapia retired from the City of Union City in the position of Senior Accountant on July 15, 2021; and
WHEREAS, on August 10, 2021, the City Council approved a resolution appointing Lola Tapia as an extra help retired annuitant to perform the duties of the Extra Help Senior Accountant for the City of Union City under Government Code Section 21224, effective August 11, 2021; and WHEREAS, the City desires to extend the term of said appointment through December 31, 2022, in order to allow Ms. Tapia to continue to assist with special projects and the transfer of knowledge to the recently-hired Senior Accountants; and WHEREAS, this Amendment No. 1 to the Employment Agreement between Lola Tapia and the City of Union City has been reviewed by this body and is attached herein; and WHEREAS, the continued employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule, divided by 173.333 to equal the hourly rate; and WHEREAS, the minimum base salary for this position or its equivalent is $8,169 per month, and the hourly equivalent is $47.13, and the maximum base salary for this position or its equivalent is $9,927 per month, and the hourly equivalent is $57.27; and WHEREAS, the hourly rate paid to Lola Tapia will be $57.27; and WHEREAS, Lola Tapia has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby approves Amendment No. 1 to the Employment Agreement with Lola Tapia extending the term through December 31, 2022, and increasing the hourly rate to $57.27 in accordance with the new salary pay table for PEG positions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of August 2022, by the following vote:

AYES:

NOES:

City Council/RSA Agenda 28 Tuesday, August 9, 2022
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 29 Tuesday, August 9, 2022
Attachment No. 1

AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND LOLA TAPIA
This Amendment No. 1 to Employment Agreement (“Amendment”) is entered into this 9th day of August 2022, by and between the City of Union City (“City”) and Lola Tapia (“Lola Tapia” or “Annuitant”) collectively referred to as “Parties.”

RECITALS
WHEREAS, on August 10, 2021, the Parties entered into an Employment Agreement, C5774, for Ms. Tapia to serve as an extra help retired annuitant; and WHEREAS, the Parties desire to amend the Agreement to extend the term and increase the salary rate in accordance with the current PEG salary table; and WHEREAS, the Parties desire to enter into this Amendment No. 1 to the Employment Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

1. TERM. The term of this Agreement is hereby extended through and until December 31, 2022.

2. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help retired annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Fifty-Seven Dollars and Twenty-Seven Cents ($57.27) per hour, effective August 8, 2022. Annuitant shall receive no other payment, benefit, or remuneration other than her hourly wage for her services.

There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life, disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to the Employment Agreement to be executed on the dates hereinafter respectively set forth.

City of Union City:

DATED: ____________________ By: _____________________________ Joan Malloy
City Manager
Annuitant:

DATED: ____________________ By: _____________________________ Lola Tapia
City Council/RSA Agenda 30 Tuesday, August 9, 2022
Attachment No. 1

Attested:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 31 Tuesday, August 9, 2022
Agenda Item
DATE: 8/9/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: STANLEY FERNANDEZ, DEPUTY FIRE MARSHAL, ALAMEDA COUNTY

FIRE DEPARTMENT
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE REPORT ON STATE- MANDATED FIRE AND LIFE SAFETY INSPECTIONS IN UNION CITY

FROM ALAMEDA COUNTY FIRE DEPARTMENT
Staff recommends that the City Council adopt a Resolution accepting the report from Alameda County Deputy Fire Marshal Stanley Fernandez on State mandated fire and life safety inspections conducted within the City of Union City in accordance with California Senate Bill No. 1205 and Section 13146.4 of the California Health and Safety Code.

STRATEGIC PLAN ALIGNMENT
There is no strategic plan alignment associated with this report.

BACKGROUND
On September 27, 2018, the Governor of the State of California signed Senate Bill No. 1205. The Bill mandates that every city fire department shall report annually to its administering authority, its compliance with the Health and Safety Code, Sections 13146.2 and 13146.3. Bill 1205 also states that the report shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.

DISCUSSION
The California State Fire Marshal, through the California Health and Safety Code 13146.2 and 13146.3, states specific occupancy classifications shall be inspected annually, commonly referred to as “mandated inspections.” The mandated inspections are Educational (E-Occupancies), both public and private, under California Code of Regulation (CCR) 13146.3 and Residential (R-Occupancies), under CCR 13146.2, which excludes single family dwelling, duplexes, and mobile homes, but includes hotels, motels, apartments, and condominium buildings. An City Council/RSA Agenda 32 Tuesday, August 9, 2022
apartment complex shall consist of three or more attached units and excludes all duplex and townhome buildings as defined by code. The purpose of conducting annual fire inspections is to identify and mitigate known hazards, reduce community risk and to ensure owner and occupants maintain compliance with the California Fire Code. It is the intent of the Alameda County Fire Department to perform the annually mandated inspections, as well as inspect unmandated inspections of new businesses and other commercial inspections as part of the Alameda County Fire Department's fire inspection program as contracted by the City of Union City.

As a result of SB 1205, Alameda County Fire Department has conducted inspections as mandated by the States CCRs. The table below is the outcome of those inspections.

Table 1: 2022 Mandated Inspection Statistics
Occupancy Type # Of
Facilities
# Of
Facilities
Inspected
FY
2020-21
FY
2021-22
Educational E): K-12, Including Charter
Schools 14 14 100% 100%
Residential (R-1): Hotels, Motels, Lodging
Houses 4 4 100% 100%
Union City Police Department
Institution (I-1): Jail / Holding Cells 1 1 100% 100%
Residential (R-2): 3= Units; Apartments &
Condominiums, excluding *townhomes. 27 27 100% 100%
Performance Totals: 46 46 100% 100%
*Note: New 2023 California Fire Code will add townhomes with adjustment of 3% increase.

Throughout the COVID-19 pandemic, Alameda County Fire Prevention staff have continued to achieve a 100% completion rate for the State Mandated Inspection Compliance Program.

Future Development
The City of Union City has embarked on a new development located east of the BART Station known as, Station East, a residential mixed-use project by Integral Communities. As a result of this development, Alameda County Fire Department will be required to inspect these buildings under the State Mandated Inspection Program.

FISCAL IMPACT
There is no fiscal impact for providing this report. The funds for the Fire Prevention Program in managing and conducting field assessments/inspections is through a contractual agreement between the Alameda County Fire Department and the City of Union City. The fees for annual state mandated inspections are established within the City of Union City adopted 2021-22 fee schedule and excludes schools and jails.

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution accepting the report from Alameda County Deputy Fire Marshal Stanley Fernandez on State mandated fire and life safety inspections conducted within the City of City Council/RSA Agenda 33 Tuesday, August 9, 2022
Union City in accordance with California Senate Bill No. 1205 and Section 13146.4 of the California Health and Safety Code.

Prepared by:

Stanley Fernandez, Deputy Fire Marshal, Alameda County Fire Department Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Resolution - State-Mandated Fire Inspections Resolution City Council/RSA Agenda 34 Tuesday, August 9, 2022
RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ACCEPTING THE REPORT ON ALL STATE MANDATED FIRE AND LIFE SAFETY

INSPECTIONS IN THE CITY OF UNION CITY IN ACCORDANCE WITH CALIFORNIA SENATE BILL NO. 1205 AND SECTION 13146.4 OF THE CALIFORNIA

HEALTH AND SAFETY CODE
WHEREAS, on September 27, 2018, the Governor of the State of California signed Senate Bill No. 1205; and
WHEREAS, SB1205 mandates that every city fire department shall report annually, to its administering authority, its compliance with the Health and Safety Code, Sections 13146.2 and 13146.3; and
WHEREAS the bill states that the report shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNION CITY that the adoption of this Resolution fulfills the statutory requirements contained in the California Health and Safety Code, Sections 13146.2, 13146.3 and 13146.4, as amended by CA SB1205 per Exhibit A.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9th day of August 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_______________________________

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ________________________________ ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 35 Tuesday, August 9, 2022
Occupancies by Category

EXHIBIT A
Union City - Public School E - Occupancy
1 31100 Fredi Street Alvarado Elementary
2 34901 Eastin Drive Delaine Eastin Elementary
3 100 DeCoto Road Guy Emanuele Elementary
4 1959 Sunsprite Drive Kitayama Elementary
5 32737 Bel Aire Street Pioneer Elementary
6 33629 15 Street Searles Elementary
7 31604 Alvarado Blvd Itliong-Vera Cruz Middle School
8 2801 Hop Ranch Road Cesar Chavez Middle School
9 1800 H Street James Logan High School
Union City – Private Schools E - Occupancy
10 33700 Alvarado Niles Road Union City Christian School 11 725 Whipple Road Northstar School / Bernard White
12 250 Tamarack Drive Mission Hills Middle School
13 B Street Our Lady of the Rosary School
14 703 C Street Connecting Waters – Charter School
Union City – Police Department – Jail I - Occupancy
1 34900 Alvarado Niles Road Union City Police Department Hotels R.1 - Occupancy
1 32083 Alvarado-Niles Road Crown Plaza Hotel (268 rooms) 2 31040 Alvarado-Niels Road Hampton Inn (90 Rooms)
3 31950 Dyer Street Extended Stay America Suits (121 Rooms) 4 31140 Alvarado-Niles Road Holiday Inn Express (77 Rooms) City Council/RSA Agenda 36 Tuesday, August 9, 2022
Occupancies by Category

EXHIBIT A
Apartments / Condominium Complexes R.2 - Occupancy
1 33883 Alvarado-Niles Road Pacifica Senior Living
2 33935 Alvarado-Niles Road Rosewood Terrace
3 33821 Alvarado-Niles Road Wisteria Apartments
4 32300 Almaden Blvd Los Robles Apartments
5 34588 11 Street The Union Flats Apartments
6 34800 11 Street Station Center Apartments
7 1501 DeCoto Road Parkside Apartments
8 2600 DeCoto Road West View Park Apartments
9 2175 DeCoto Road Eves Apartment Complex
10 2499 DeCoto Road Vintage Court Apartments
11 4125 Dyer Street Mission View Apartments
12 33 Union Square Verandas Apartments
13 24 Union Square Avalon Apartment Complex
14 34770 Perry Road Perry Road Apartments
15 2501 Medallion Drive Parkway Green Apartments
16 2500 Medallion Drive Parc Medallion Apartments
17 35400 Monterra Terrace Union City Monte Vista
18 35500 Monterra Terrace Monte Vista Villas
19 31755 Alvarado Blvd Adrienne Village Apartments
20 31770 Alvarado Blvd Sofi Apartments
21 2563 Copa Del Oro Place Villa De Oro
22 3900 Horner Street Summerhill Place Apartments
23 34655 Skylark Drive Skylark Apartments
24 33155 Mission Blvd Mission Gateway Apartments
25 33300 Mission Blvd Dry Creek Apartments
26 34864 Mission Blvd Mission Sierra Apartments
27 34400 Mission Blvd Masonic Homes / Apartment Complex City Council/RSA Agenda 37 Tuesday, August 9, 2022
Agenda Item
DATE: 8/9/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONSULTANT SERVICES AGREEMENT WITH WILLIAM R. GRAY AND
COMPANY, INC., DBA GRAY-BOWEN-SCOTT, IN THE AMOUNT OF
$240,000, FOR THE PROGRESS REPORTING AND REIMBURSEMENT

PROCESS FOR ALAMEDA COUNTY TRANSPORTATION COMMISSION
(ALAMEDA CTC) FUNDED PROJECTS, FOR A TOTAL CONTRACT
AMOUNT OF $464,000
Staff recommends that the City Council adopt the attached resolution approving Amendment No. 2 to the Consultant Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, in the amount of $240,000, for the Progress Reporting and Reimbursement Process for Alameda CTC-Funded Projects, for a totalcontract amount of $464,000.

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 and with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.

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

BACKGROUND
The mission of Alameda County Transportation Commission (Alameda CTC) is to plan, fund and deliver transportation projects and programs 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 City Council/RSA Agenda 38 Tuesday, August 9, 2022
funding; and delivers projects and programs including those approved by voters in Alameda County’s Transportation Expenditure Plan (TEP) for Measure B, Measure BB and Vehicle Registration Fee (VRF) funds.

Alameda CTC makes monthly direct local distribution (DLD) payments of Measure B, Measure BB and VRF funds to Union City for transportation improvements related to the Local Streets and Roads Program and the Bicycle and Pedestrian Program. Alameda CTC also makes monthly DLD payments of the same funds to UC Transit for the Paratransit Program and the Transit Program. At the end of each fiscal year, Public Works and UC Transit gather funding and project documentation weeks in advance and coordinate with the Finance Department for preparation of the annual Compliance Report Forms at the end of December.

Alameda CTC also awards and oversees the expenditure of capital grant funds to projects and programs through Project Funding Agreements (PFA) with localcities.

Union City initially had four (4) active Project Funding Agreements with Alameda CTC and within the past 12 months, three (3) additional Project Funding Agreements have been executed as noted below:

1. PFA No. A13-0058 for the BART Station Improvements/BART Pedestrian At-Grade Crossing, City Project No. 14-14, in the amount of $5,730,000. (The total project cost is $16,914,974)

2. PFA No. A17-0126 for 2021 Bicycle and Pedestrian Master Plan, City Project No. 17-30, in the amount of $150,000. (The total project cost is $320,000)

3. PFA No. A17-0125 for all project phases of the Union City Boulevard Bikes Lane Project, City Project No. 17-29, in the amount of $7,800,000. (The total project cost is $8,800,000)

4. PFA No. A18-0046 for the East West Connector (renamed Quarry Lakes Parkway), City Project No. 18-04, in the amount of $2,500,000, for Design Phases only. (The total project estimated prepared by Alameda CTC is $320M).

5. PFA No. A22-0053 for Quarry Lakes Parkway, City Project No. 18-04, in the amount of $4,200,000, for Final Design of Phases (Segments) 1 and 2 only. The project cost for Quarry Lakes Parkway, Phase 1 (7
th Street Connection) is $16.7 million and for Quarry Lakes Parkway, Phase 2 (Gateway Site Connection) is $ 20.3 million.

6. PFA No. A22-0017 for enhancement of pedestrian infrastructure at James Logan High School and Guy Emanuele, Jr. Elementary School, City Project No. 21-27, in the amount of $81,000. (The total project cost is $187,367)

7. PFA No. A19-0066.A1, in the amount of $221,000, for the City’s Local Match of Metropolitan Transportation Commission’s (MTC’s) Grant for Union City IDEA Grant Traffic Signal Upgrades, City Project No. 17-27, and Passive Pedestrian Detection Improvements, City Project No. 17-27A. (The total project cost is $1,069,975)

DISCUSSION
Transportation projects funded with Alameda CTC funds require an extensive reporting and documentation process with due dates that are both semi-annual and annual. This reporting process includes a Project Progress Report, which includes detailed project status, reporting actions, anticipated reporting actions, procurement status, amendments, performance measures, expenditures, reimbursements, annual publicity requirements and cash flow reporting of Alameda CTC funds. Additionally, any changes to a project scope, cost, or schedule require specific reporting on an Amendment Request Form. Finally, the capital grants require Union City to expend local funds first and then prepare the Request for Reimbursement package to Alameda CTC for their review and approval. Preparation and submittal of the Project Progress Report, Amendment Request Forms, and Request for Reimbursement Form packages is time consuming and requires special knowledge about reporting requirements. It is not unusual for Alameda CTC to require multiple iterations of submittals before a reimbursement package is approved for payment.

City Council/RSA Agenda 39 Tuesday, August 9, 2022
On April 14, 2020, the City entered into a Consulting Services Agreement, C5428, with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott (GBS), in the amount of $74,000, to assist the Public Works and Finance Departments with the preparation and timely submittal of the Project Progress Reports and the Request for Reimbursement packages for Alameda CTC-funded projects. GBS, who supports other small cities with transportation fund reporting, was tapped to support Union City because of their expertise with Alameda CTC, state and federal funds reporting and reimbursement processes. GBS has successfully assisted Finance and Public Works staff with the year-end closeout of active transportation projects, and the City is now on schedule with the Alameda CTC-funded projects reporting.

On July 27, 2021, the City Council adopted Resolution No. 5809-21, approving Amendment No. 1, C5428b, to the Consulting Services Agreement with GBS, in the amount of $150,000, to enable continued support and assistance to the Public Works and Finance Departments, bringing the totalcontract amount to $224,000.

Most recently, Alameda CTC has revised the reporting requirements for the Local Business Contract Equity (LBCE) Program. This program creates economic growth and jobs within Alameda County by requiring local contracting that supports residents and businesses in Alameda County. The LBCE Program helps to identify and engage the participation of Local Business Enterprise (LBE), Small Local Business Enterprise (SLBE) and Very Small Local Business Enterprise (VSLBE) firms located in Alameda County on applicable contracts as specified in Section I.C (Applicability). Further, the LBCE Program contributes to the overall economic vitality of the County by:

1. Encouraging businesses to locate and remain in Alameda County; and

2. Providing employment opportunities for residents of Alameda County; and

3. Generating economic activity and stimulating the localeconomy.

Sponsor agencies are to ensure that Alameda CTC-funded projects within their jurisdiction utilize LBE/SLBE/VSLBE businesses or at least notice and give the opportunity to capture local funds. To ensure compliance is being met, Alameda CTC requires that the sponsor agencies submit bi-annual reports that track and verify the use of funds.

On October 12, 2021, the City Council adopted Resolution No. 5841-21, which accepted a $4,200,000 Grant from Alameda County Transportation Commission (Alameda CTC), Project Funding Agreement No. A22- 0053, for Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (formerly East West Connector) Project, City Project No. 18-04. One of rare requirements specific to the Quarry Lakes Parkway’s funding agreement is that City agrees to host quarterly, publicly noticed design updates for the benefit of the public and bicycle, pedestrian and transit advocates, as identified as (h) in Alameda CTC’s Resolution No. 20- 013. These required quarterly meetings are now part of the City’s Bicycle and Pedestrian Advisory Commission (BPAC) meetings. BPAC meeting minutes along with project presentations are now required to be included in Alameda CTC’s project quarterly reports.

Staff continues to rely heavily on GBS to provide expertise and coordination for all active Alameda CTCfunded project reporting, reimbursement requests, LBCE program reports and, therefore, seeks to increase the contract amount by $240,000, bringing the totalcontract amount to $464,000.

FISCAL IMPACT
The total cost for Amendment No. 2 to the Consultant Services Agreement with Gray-Bowen-Scott for preparation of the Project Progress Reports, Request for Reimbursement packages, Addendums and Project Closeout reports required for Alameda CTC-funded projects is $240,000 and will be funded with $210,000 of State Gas Tax funds (Account Number 2510-3103-33003-54110), $20,000 of Measure BB Streets and Road City Council/RSA Agenda 40 Tuesday, August 9, 2022
funds (Account Number 2545-3103-33003-54110) and $10,000 of Measure BB Bicycle and Pedestrian funds (Account Number 2546-3103-33003-54110) identified in the recently approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2021-2022 to Fiscal Year 2025-2026, bringing the total contract amount to $464,000.

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving Amendment No. 2 to the Consultant Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, in the amount of $240,000, for the Progress Reporting and Reimbursement Process for Alameda CTC-Funded Projects, for a totalcontract amount of $464,000.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment A -Amendment No. 2 Attachment
Attachment B-AlaCTCReso 20-013 Attachment
Resolution Resolution
City Council/RSA Agenda 41 Tuesday, August 9, 2022
First Amendment of the Contractual Services Agreement
between City of Union City and Gray-Bowen-Scott

SECOND AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT (C5428)
THIS SECOND AMENDMENT (the “Second Amendment”) is effective as of this 9th day of August 2022 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and William R. Gray and Company, Inc. DBA Gray-Bowen-Scott, ("Consultant"), collectively referred to as the "Parties".

W I T N E S S E T H:

WHEREAS, on April 14, 2020, the Parties entered into a Contractual Services Agreement, (C5428) (“Agreement”) wherein the Consultant will provide the City with services for the Public Works Department; and
WHEREAS, on July 21, 2021, the Parties entered into a First Amendment to modify the scope of services and increase the compensation by $150,000; and WHEREAS, the Parties desire to further amend the Agreement to expand the scope of services to be provided by the Consultant; and
WHEREAS, the City and Consultant desire to enter into this Second Amendment.

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

1. The Scope of Work, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Second Amendment, attached hereto and incorporated herein by reference.

2. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Two Hundred Forty Thousand Dollars ($240,000). The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Four Hundred Sixty-Four Thousand Dollars ($464,000). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed Four Hundred SixtyFour Thousand Dollars ($464,000), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

3. All other provisions of the Agreement, remain unchanged except as modified by this Second Amendment.

City Council/RSA Agenda 42 Tuesday, August 9, 2022
First Amendment of the Contractual Services Agreement
between City of Union City and Gray-Bowen-Scott

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

THE CITY OF UNION CITY WILLIAM R. GRAY AND COMPANY, INC.,

DBA GRAY-BOWEN-SCOTT
By By
Joan Malloy Leo Scott
City Manager President
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 43 Tuesday, August 9, 2022
First Amendment of the Contractual Services Agreement
between City of Union City and Gray-Bowen-Scott

EXHIBIT A
AMENDMENT NO. 2
City of Union City: Public Works Department
Progress Reporting and Reimbursement Process
for Alameda CTC Funded Projects

TASK COST
Public Works and Finance Department- Agency Coordination and Preparation of Project Progress Reports, Amendment Requests, Request for Reimbursement and Close-Out process for Alameda CTC Funded Projects, and coordination with Caltrans and CTC A. ACTC Fund Admin. Support w/ Project Funding Agreements (PFA) Projects:
$ 110,000
BART Railroad Ped At-Grade Crossing, Bicycle and Pedestrian Master Plan Union City Blvd Bike Lanes, Student Transit Pass, Signal Control Improvements, Safe Routes to School Project
• Coordinate with City Finance Dept and ACTC staff
• Prepare ACTC Progress Reports
• Review and Coordinate Consultant Invoices
• Review and advise on other ACTC related funding documents • Assist with reporting for ACTC’s LBE/SLBE/VSLBE Goals B. East West Connector PFA and Quarry Lakes Parkway (QLP) PFA $ 110,000 • Assist with administration for East West Connector 2018 PFA • Assist with administration for East West Connector/QLP 2021 PFA • Coordinate with Finance Dept and ACTC staff
• Prepare ACTC Progress Reports
• Review and Coordinate Consultant Invoices
• Review and advise on other ACTC related funding documents • Assist with LBE/SLBE Goals
• Assist with Caltrans and CTC coordination
C. Federal and State Assistance - Other Grant Funded Projects $ 20,000 • Support for other City sponsored projects including federal aid and STIP • Assist with update of DBE Goals and other FHWA requirements TOTAL- Contract Amendment #2 $ 240,000
City Council/RSA Agenda 44 Tuesday, August 9, 2022
City Council/RSA Agenda 45 Tuesday, August 9, 2022
City Council/RSA Agenda 46 Tuesday, August 9, 2022
City Council/RSA Agenda 47 Tuesday, August 9, 2022
City Council/RSA Agenda 48 Tuesday, August 9, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AMENDMENT NO. 2 TO THE CONSULTANT SERVICES
AGREEMENT WITH WILLIAM R. GRAY AND COMPANY, INC.,
DBA GRAY-BOWEN-SCOTT, IN THE AMOUNT OF $240,000,

FOR THE PROGRESS REPORTING AND REIMBURSMENT PROCESS FOR

ALAMEDA COUNTY TRANSPORTATION COMMISSION (ALAMEDA CTC)
FUNDED PROJECTS, FOR A TOTAL CONTRACT AMOUNT OF $464,000 WHEREAS, the mission of Alameda County Transportation Commission (Alameda CTC) is to plan, fund and deliver transportation projects and programs 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’s 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/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 September 12, 2017, the City Council adopted Resolution No. 5121-17, which authorized the City Manager to execute a Project Funding Agreement (PFA) A17-0126 with Alameda CTC, in the amount of $150,000, for the Bicycle and Pedestrian Master Plan Update, City Project No. 17-30, and appropriated $150,000 for the required local match; and
WHEREAS, on September 12, 2017, the City Council adopted Resolution No. 5121-17, which authorized the City Manager to execute a Project Funding Agreement (PFA) A17-0125 with Alameda CTC, in the amount of $7,800,000, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, and appropriated $1,000,000 for the required local match; and
WHEREAS, on August 14, 2018, the City Council adopted Resolution No. 5374- 18, which authorized the City Manager to execute a Project Funding Agreement (PFA) A18-0046 with Alameda CTC, in the amount of $2,500,000, for the East West Connector Project, City Project No. 18-04, and Union City became the project sponsor for Quarry Lakes Parkway (formerly East West Connector) responsible for the Final Design and reevaluation of the Traffic Study of the estimated $320 million transportation corridor project; and
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 5841-21, which accepted a $4,200,000 Grant from Alameda County Transportation City Council/RSA Agenda 49 Tuesday, August 9, 2022
Commission (Alameda CTC), Project Funding Agreement No. A22-0053, for Final Design of Phases (Segments) 1 and 2 for Quarry Lakes Parkway (formerly East West Connector) Project, City Project No. 18-04 only with the project cost estimate for Quarry Lakes Parkway, Phase 1 (7th Street Connection) at $16.7 million and for Quarry Lakes Parkway, Phase 2 at $20.3 million; and
WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 5868-21, accepting an $81,000 Grant from Alameda County Transportation Commission, Project Funding Agreement A22-0017, for the enhancement of pedestrian infrastructure at James Logan High School and Guy Emanuele, Jr. Elementary School Project, City Project No. 21-27, and appropriating $98,000 as the required Local Match, with $48,000 from Gas Tax Funds (Fund 2510) and $50,000 from Measure BB Bike and Pedestrian Funds (Fund 2546), for a Total Project Cost of $179,000; and WHEREAS, on June 28, 2022, the City Council adopted Resolution No. 5965- 22, accepting a $221,000 Transportation Fund for Clean Air Grant from Alameda County Transportation Commission, Project Funding Agreement A19-0066.A1, for the 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 the revenue projections in the Capital Projects Fund by $221,000 and appropriating $221,000 to the Capital Projects Fund, as part the required City Local Match; and
WHEREAS, Alameda CTC-funded projects require quarterly, semi-annual, or annual Project Progress Reports, which includes detailed project status, reporting actions, anticipated reporting actions, procurement status, amendments, performance measures, expenditures/reimbursements, annual publicity requirements and cash flow reporting of Alameda CTC funds and preparation of Amendment Request documentation for any changes to project scope, schedule, and project costs; and WHEREAS, Alameda CTC-funded projects require the preparation of quarterly, semi-annual, or annual Request for Reimbursement packages to Alameda CTC for their review and approval before Union City is reimbursed: and WHEREAS, on April 14, 2020, the City of Union City entered into a Consultant Services Agreement, C5428, with William R. Gray and Company, Inc. DBA GrayBowen-Scott, in the amount of $74,000, to assist the Public Works and Finance Departments with the preparation and timely submittal of the Project Progress Reports, Amendment Requests and Request for Reimbursement packages for Alameda CTCfunded projects; and WHEREAS, on July 27, 2021, the City Council adopted Resolution No. 5809-21, approving Amendment No. 1 to the Consultant Services Agreement, C5428b, with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, in the amount of $150,000, for a total contract amount of $224,000, to allow for the continued support and assistance to the Public Works and Finance Departments for the four (4) active Alameda City Council/RSA Agenda 50 Tuesday, August 9, 2022
CTC-funded projects; and
WHEREAS, Amendment No. 2, in the requested amount of $240,000, if approved, will bring the total contract amount to $464,000, and will allow the firm of William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, to continue to assist the Public Works and Finance Departments with Project Progress Reports, Amendment Request Forms, Requests for Reimbursement packages and Close-Out documentation for Alameda CTC-funded projects for the now seven (7) active Alameda CTC-funded projects and the bi-annual reporting for Alameda CTC’s Local Business Contract Equity (LBCE) Program; and
WHEREAS, State Gas Tax funds (Fund 2510) will provide $210,000, Measure BB Streets and Roads funds (Fund 2545) will provide $20,000, and Measure BB Bicycle and Pedestrian funds (Fund 2546) will provide $10,000, totaling $240,000, to fund this Amendment No. 2 for Project Progress Reports, Amendment Request Forms, Requests for Reimbursement packages and Close-Out documentation for Alameda CTC-funded projects and there are sufficient funds available in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2021-2022 to Fiscal Year 2025-2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves $240,000 from State Gas Tax funds (Fund 2510), Measure BB Street and Roads funds (Fund 2545), and Measure BB Bicycle and Pedestrian funds (Fund 2546) for this Amendment No. 2 to the Consultant Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, for continued support and assistance to the Public Works and Finance Departments with Project Progress Reports, Amendment Request Forms, Requests for Reimbursement and Close-Out documentation for Alameda CTC-funded projects; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute Amendment No. 2 to Contract C5428 with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, of Walnut Creek, CA.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of August 2022, by the following
vote:

City Council/RSA Agenda 51 Tuesday, August 9, 2022
Agenda Item
DATE: 8/9/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY; FINDING THAT MEETING IN PERSON
WOULD PRESENT IMMINENT RISKS 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 AUGUST 9 PURSUANT TO AB 361 AND ADOPT

A RESOLUTION CONFIRMING THE CONTINUED EXISTENCE OF A
LOCAL EMERGENCY DUE TO COVID-19
Staff recommends that the City Council adopt a resolution to continue conducting City Council and all other City Council appointed Board and Commission meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021). Additionally, staff recommends that the City Councilconfirm the continued existence of the localemergency.

On May 24, 2022, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days. Staff and the City Attorney recommend that the City Council adopt a resolution making the necessary findings pursuant to AB 361 to continue conducting virtual meetings. Absent further action of the City Council, the City's legislative bodies would need to continue in-person meetings 30 days after July 12, 2022.

The City Council ratified a proclamation of localemergency on March 16, 2020 as a result of the COVID-19 pandemic. The City Councilconfirmed the continued existence of the localemergency due to the COVID-19 pandemic in accordance with state law on May 12, 2020, June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2021, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, and January 11, 2022, March 8, 2022, April 26, 2022, June 14, 2022, and July 12, 2022. City staff and the City Attorney recommend that the City Councilconfirm the continued existence of the localemergency.

STRATEGIC PLAN ALIGNMENT
City Council/RSA Agenda 52 Tuesday, August 9, 2022
This action is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.

BACKGROUND
Assembly Bill 361
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID 19.

On March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.

On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.

The City has established virtual meetings for all City Council and City Council appointed Board and Commission meetings. The virtual meetings have allowed the Council and advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in fullcompliance with the Brown Act.

Since the Governor issued Executive Order N-08-21, the highly contagious Delta and Omicron variants have emerged, causing a spike in cases throughout the state and within the Alameda County. A highly contagious Omicron sub-variant has also emerged.

On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.

The City Counciladopted a resolution pursuant to AB 361 on September 28, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City has continued to adopt resolutions making the necessary findings to continue operating virtually since that time.

Confirming Continued Existence of a Local Emergency
On March 16, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Union City Municipal Code Chapter

2.28. The emergency declaration was based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of novel coronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County. On that same day, the City Council adopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.

On May 12, 2020, the City Council adopted a resolution confirming the continued existence of the local City Council/RSA Agenda 53 Tuesday, August 9, 2022
emergency due to the COVID-19 pandemic. Subsequently, on June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2020, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, January 11, 2022, March 8, 2022, April 26, 2022, June 14, 2022, and July 12, 2022 the City Council adopted resolutions confirming the continued existence of the localemergency.

DISCUSSION
AB 361
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16, 2021.

AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20 which suspended certain Brown Act provisions. Under AB 361, the City and its legislative bodies will be allowed to continue to meet remotely when:
· The localagency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; · Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.

The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a localemergency by the Director of Emergency Services; · County Health orders require that individuals in indoor public spaces wear masks and the CDC recommends social distancing of at least six feet due to COVID-19; · The Delta and Omicron variants of COVID-19 has resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County;
· Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.

AB 361 has been signed into law. Therefore, the City Council is required to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.

The City Council has previously acted to make continued findings pursuant to AB 361.

The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Counciland the City’s legislative bodies to continue meeting remotely.

Continued Emergency
Pursuant to Government Code Section 8630, the City Council must review and confirm the continued existence of a local emergency at least once every sixty (60) days. This Resolution comes to the City Council prior to the expiration of sixty (60) days from the previous confirmation of local emergency to ensure there is no interruption in the declaration of the continued localemergency.

City Council/RSA Agenda 54 Tuesday, August 9, 2022
The conditions that prompted the original declaration of a local emergency persist and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted. Community transmission of COVID-19 continues to occur, and the number of cases within Alameda County is still high.

There are now 333,725 cases within the County, and 1,966 deaths (as of August 3, 2022). The spread of COVID-19 continues as a result of the highly contagious Delta and Omicron variants of the virus. While the Alameda County Health Officer shelter in place order requiring that all residents shelter at home has been rescinded, public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist.

Declaring a state of emergency provides local governments with the power necessary to coordinate and implement plans aimed at protecting the community and property during a disaster. For example, a declaration of emergency is often necessary to secure mutual disaster aid from local, state and federal agencies. A declaration of emergency also permits the Director of Emergency Services to promulgate orders and regulations necessary for the protection of life and property, such as imposing a curfew and ordering use of facilities for governmental purposes. Additionally, declaring a state of emergency ensures that the local government and its officials and employees are immune from liability when exercising their official duties during an emergency.

If adopted, the declaration of emergency will continue to remain in place until the emergency conditions have ended. However, the City Council will be required to continue to review the declaration at least every 60 days.

FISCAL IMPACT
This is no fiscal impact of adopting this Resolution.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to make the necessary findings to continue conducting City Council and all other City Council appointed Board and Commission meetings remotely due to health and safety concerns for the public in compliance with AB 361 (2021). Staff and the City Attorney also recommend that the City Council adopt a resolution confirming the continued existence of the local emergency.

Prepared by:

Kristopher J. Kokotaylo, City Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
AB361 Resolution Resolution
Resolution Extending Emergency Proclamation Resolution
City Council/RSA Agenda 55 Tuesday, August 9, 2022
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY 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 AUGUST 9 PURSUANT
TO AB 361
WHEREAS, all meetings of the City of Union City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all legislative bodies within the City; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ends the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body City Council/RSA Agenda 56 Tuesday, August 9, 2022
determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City and Governor Newsom has declared a State of Emergency due to COVID-19; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants, in addition to Omicron sub-variants, of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household and CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine. State and local officials currently strongly recommend wearing masks indoors and state officials further recommend the use of masks when social distancing is not possible; and
WHEREAS, because of the rise in cases due to the Omicron variant and sub-variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, on September 28, 2021 the City Council found that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the highly contagious Omicron variant resulted in the greatest nationwide infection rate since the beginning of the COVID-19 pandemic; and WHEREAS, the highly contagious Omicron variant has since resulted in several highly contagious sub-variants; and
WHEREAS, due to the presence of the highly contagious Omicron sub-variants, the Counties of Marin, San Francisco, San Mateo, and Alameda are among the highest COVID-19 case rates in the state; and
WHEREAS, the City Council hereby finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:

1. The above recitals are true and correct, and incorporated into this Resolution.

City Council/RSA Agenda 57 Tuesday, August 9, 2022

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following continued findings:
a) The City Council has reconsidered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19, state and local officials continue to recommend the use of masks and physical distancing under certain circumstances, and as a result of the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.

3. City Council and City’s legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.

4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

City Council/RSA Agenda 58 Tuesday, August 9, 2022
1 CITY OF UNION CITY

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

CONFIRMING THE CONTINUED EXISTENCE OFA LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Government Code Section 8630 and Union City Municipal Code Section

2.28.060 authorize the Director of Emergency Services to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter; and WHEREAS, in accordance with Government Code Section 8630 and Union City Municipal Code Section 2.28.060, the Director of Emergency Services proclaimed the existence of a local emergency caused by the Novel Coronavirus (COVID-19), a respiratory disease first identified in China that may result in serious illness or death that is easily transmissible from person to person, 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, on May 12, 2020, the City Council adopted Resolution No. 5595-20 confirming the continued existence of the local emergency; and WHEREAS, on June 23, 2020 the City Council adopted Resolution No. 5618-20 confirming the continued existence of the local emergency; and WHEREAS, on August 11, 2020 the City Council adopted Resolution No. 5642-20 confirming the continued existence of the local emergency; and WHEREAS, on September 22, 2020 the City Council adopted Resolution No. 5656- 20 confirming the continued existence of the local emergency; and WHEREAS, on November 10, 2020 the City Council adopted Resolution No. 5684- 20 confirming the continued existence of the local emergency; and WHEREAS, on December 22, 2020 the City Council adopted Resolution No. 5700- 20 confirming the continued existence of the local emergency; and WHEREAS, on February 9, 2021 the City Council adopted Resolution No. 5710-21 confirming the continued existence of the local emergency; and WHEREAS, on March 23, 2021 the City Council adopted Resolution No. 5731-21 confirming the continued existence of the local emergency; and City Council/RSA Agenda 59 Tuesday, August 9, 2022
2 WHEREAS, on May 11, 2021 the City Council adopted Resolution No. 5752-21 confirming the continued existence of the local emergency; and WHEREAS, on June 22, 2021 the City Council adopted Resolution No. 5785-21 confirming the continued existence of the local emergency; and WHEREAS, on August 10, 2021 the City Council adopted Resolution No. 5817-21 confirming the continued existence of the local emergency; and WHEREAS, on September 28, 2021 the City Council adopted Resolution No. 5829- 21 confirming the continued existence of the local emergency; and WHEREAS, on November 23, 2021 the City Council adopted Resolution No. 5857- 21 confirming the continued existence of the local emergency; and WHEREAS, on January 11, 2022 the City Council adopted Resolution No. 5881-22 confirming the continued existence of the local emergency; and WHEREAS, on March 8, 2022 the City Council adopted Resolution No. 5904-22 confirming the continued existence of the local emergency; and WHEREAS, on April 26, 2022 the City Council adopted Resolution No. 5926-22 confirming the continued existence of the local emergency; and WHEREAS, on June 14, 2022 the City Council adopted Resolution No. 5946-22. confirming the continued existence of the local emergency; and WHEREAS, on July 12, 2022 the City Council adopted Resolution No. 5974-22. confirming the continued existence of the local emergency; and WHEREAS, pursuant to Government Code Section 8630 the City Council must periodically review the need for continuing the local emergency; and WHEREAS, pursuant to Government Code Section 8630, the City Council must review the need for continuing the local emergency at least every sixty (60) days; and WHEREAS, the conditions that prompted the original declaration of a local emergency continue to exist; and
WHEREAS, the recitals contained in Resolution No. 5572-20, adopted by the City Council on March 16, 2020, the recitals contained in Resolution No. 5595-20 adopted by the City Council on May 12, 2020, the recitals contained in Resolution No. 5618-20 adopted by the City Council on June 23, 2020, the recitals contained in Resolution No. 5642-20 adopted by the City City Council/RSA Agenda 60 Tuesday, August 9, 2022
3 Council on August 11, 2020, the recitals contained in Resolution No. 5656-20 adopted by the City Council on September 22, 2020, the recitals contained in Resolution No. 5684-20 adopted by the City Council on November 10, 2020, the recitals contained in Resolution No. 5700-20 adopted by the City Council on December 22, 2020, the recitals contained in Resolution No. 5700-20adopted by the City Council on February 9, 2021, and the recitals contained in Resolution No. 5710-21 adopted by the City Council on March 23, 2021 and the recitals contained in Resolution No. 5752- 21 adopted by the City Council on May 11 2021, and the recitals contained in Resolution No. 5785-21 adopted by the City Council on June 22, 2021, and the recitals contained in Resolution No. 5817-21 adopted by the City Council on August 10, 2021, and the recitals contained in Resolution No. 5829-21 adopted by the City Council on September 28, 2021, and the recitals contained in Resolution No. 5857-21 adopted by the City Council on November 23, 2021 and the recitals contained in Resolution No. 5881-22 adopted by the City Council on January 11, 2022, and the recitals contained in Resolution No. 5904-22 adopted by the City Council on March 8, 2022, and the recitals contained in Resolution No. 5926-22 adopted by the City Council on April 26, 2022, and the recitals contained in Resolution No. 5946-22 adopted by the City Council on June 14, 2022, and the recitals contained in Resolution No. 5974-22 adopted by the City Council on July 12, 2022 are incorporated into this Resolution as if stated herein; and WHEREAS, community transmission of COVID-19 has continued to occur and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted; and
WHEREAS, the number of cases within Alameda County has continued to rise, and as of August 3, 2022, there are now over 333,725 confirmed cases of COVID-19 within the County, and 1,966 deaths; and
WHEREAS, since the initial declaration of a local emergency on March 16, 2020 the highly contagious Delta and Omicron variants, as well as Omicron sub-variants, have emerged and resulted in COVID-19 infections; and
WHEREAS, the public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist; and WHEREAS, the health, safety, and welfare of Union City residents, businesses, visitors, and staff is of utmost importance to the City and additional future measures may be needed to protect the community; and
WHEREAS, the City may require additional assistance in the future, and a formal declaration of emergency allows the City to access resources in a timely manner in a timely fashion; and
WHEREAS, the City Council finds that conditions of extreme peril to the safety of persons and property within the territorial limits of the City related to COVID-19 pandemic continue in existence; and
City Council/RSA Agenda 61 Tuesday, August 9, 2022
4 WHEREAS, the City Council finds that extraordinary measures are required to protect the public health, safety, and of persons and property within the City that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Council desires to confirm the continued existence of a local emergency within Union City due to COVID-19.

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

1. The local emergency declared by Resolution No. 5572-20 due to the COVID-19 pandemic continues to exist within the City of Union City.

2. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City shall be those prescribed by State law and by ordinances and resolutions of the City of Union City.

3. The declaration of local emergency shall remain in effect until such time that the City Council determines that the emergency conditions have been abated.

4. City staff is directed to place an item on the agenda for review at least every sixty (60) days from the effective date of this Resolution to determine the need for continuing the local emergency pursuant to Government Code Section 8630.

City Council/RSA Agenda 62 Tuesday, August 9, 2022
Agenda Item
DATE: 8/9/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: STUDY SESSION AND INFORMATIONAL REPORT ON CURRENT

CONDITION OF CITYHALLAND OTHER CITY FACILITIES, AND

SEEKING DIRECTION ON NEXT STEPS
Staff recommends that the City Council receive this informational report, which includes the City Halland Police Building Draft Condition Assessment Report by Swinerton Management and Consulting (Swinerton) and consider other aging infrastructure issues of City facilities and discuss possible options. Based on the Council's feedback, staff could return with a more detailed report of next steps.

STRATEGIC PLAN ALIGNMENT
GoalA: Financial Stability and Sustainability.

Strategy: Determine the feasibility of a revenue ballot measure for November 2024 and/or November 2026 that could consider a new landscape and lighting district (indexed to CPI) and/or a tax to fund a new City Hall/ library.

GOAL C: Economic, Community Development and Public Safety Strategy: Develop a space needs assessment to evaluate police and other city departments' facility needs.

GOAL D. Environmental Sustainability and Infrastructure Strategy: Create and implement a plan to maintain and upgrade City's building.

BACKGROUND
The Civic Center complex was built in approximately 1977 and has served the City well for the past 45 years.

The Civic Center includes two buildings: the City Hall Administration and Police Department building and the Union City Library building. Over the years there have been some improvements to the City Hall Administration and Police Department building. These improvements, include tenant improvements in the first floor Police Department facilities, some office expansion in the second floor administration offices, bathroom City Council/RSA Agenda 63 Tuesday, August 9, 2022
upgrades, replacement of one air handler, structural seismic retrofit work, and roof repairs. The library building has also had minor upgrades and repairs to keep it operational.

Overall, the Civic Center facilities are in good condition though they are showing wear and tear. Some needed repairs have been identified, and some infrastructure is reaching its’ design life and should be considered for replacement. Two of the repair projects underway include the roof repairs to the library building, and rewaterproofing the landscaped planter in the atrium lobby of the administration building. As a result of these known waterproofing issues and other infrastructure concerns, staff sought a professional assessment from Swinerton. Attachment 1 to this staff report is Swinerton's City Hall and Police Building Draft Condition Assessment Report (Report). Recommended improvements in the Report focused on the City Halland Police Building and include a combination of infrastructure replacement, code upgrades and modernization improvements. This Report is to provide the City Council with a snapshot assessment of the city hall building, recommended improvements, and most important, a preliminary cost estimate for program level budgeting in the City’s Capital Improvement Program (CIP).

However, staff is also aware that other City facilities are aging and in need of repair and maintenance, but these facilities have not been fully evaluated or assessed in the same manner as the City Hall and Police Building.

Below is a summary of the repairs and upgrades that have been identified in the Swinerton Report and other City facilities that are highlighted in the current Five-Year Capital Improvement Plan (CIP) Attachment 2. A complete list of City facilities is attached as Attachment 3.

DISCUSSION

CIVIC CENTER
City Hall and Police Department Building
Swinerton reviewed the following elements of the City Halland Police Department Building:

Mechanical – HVAC system
Electrical – power and lighting
Plumbing
Life Safety – fire suppression and fire alarm
Accessibility per the Americans with Disabilities Act (ADA) Telecommunications and technology
Office Environment including conference rooms and Council Chambers Site – parking lot and access
Building shell
The report evaluated the cost to bring the building up to current code standards, including replacing and upgrading the outdated infrastructure to meet Climate Action Plan goals of the City and the state. The report concluded that the cost to upgrade City Hall would be approximately $17 million, which is less costly than building a new City Hall and Police Department Building. However, maintaining the current building will not address growing staffing needs as the City continues to add population, especially the staffing of the Police Department. Completing all or some of the proposed recommendations should keep the building in good operation for another 20-30 years.

Library Building
Swinerton is assisting City staff with the preparation of the Request for Proposal (RFP) process of the library City Council/RSA Agenda 64 Tuesday, August 9, 2022
building roof repair, which will also require interior repairs and repainting. The library roofing project will likely take place in two phases. The first phase is to repair the membrane under the tile roof this fall. The second phase, which will likely be deferred until spring, 2023, will be to repair the flat roof area. Due to material delays in the supply chain, it is unlikely that the flat roof area could be completed prior to the onset of winter rains.

Any identified leaks would be patched this fall, but the full reroof effort of the flat roof would take place in 2023.

Staff has informally consulted with roofing contractors on the needed library repairs, and costs have ranged from approximately $300,000 to over $450,000. To staff's knowledge, there are no other significant repairs needed to the library, though no assessment has been prepared.

OTHER CITY FACILITIES
Museum
The Old Alvarado Fire Station, which has been used by the Union City Historical Museum has a leaking roof that has also caused interior damage. It is suspected that the west facing wall of the building may also require waterproofing work, though more evaluation is needed. Staff is in the process of having this building better assessed to understand the full needs of the building. Initial estimates for this building's roof repairs were approximately $100,000, though the scope of work was incomplete and did not include interior and exterior wall repairs, or other possible repairs to reported plumbing problems.

Fire Stations
Union City owns and maintains the City's three fire stations: Fire Station 31 on CentralAvenue, Fire Station 32 on Alvarado Boulevard, next to the Holly Center, and Fire Station 33 on 7 th Street. Fire Stations 32 and 33
are the oldest stations in the City and updated diesel exhaust systems are planned to be installed in the near future as funding and staffing become available.

Fire Station 31 is also planned to have the kitchen and bathrooms renovated during the current Five-Year CIP.

Corporation Yard
Portions of the Corporation Yard remain unpaved, which limit the use of the yard during the winter season.

The Corporation Yard improvements includes adding paved areas for material storage, canopies to project vehicles and equipment, fencing, and additional storage containers. These upgrades are near-term improvement (identified in the CIP), pending available funding.

Over the course of the next five to 10 years, electric vehicle charging stations will need to be installed in the Corporation Yard in a number adequate to charge the Public Works fleet and Union City Transit and Paratransit vehicles. Staff is working with EBCE vendors to explore options to install charging stations to support the City’s vehicles.

In addition, the Corporation Yard will be impacted by the construction of Quarry Lakes Parkway and the relocation of the Line M Channel. These improvements will impact the southerly boundary of the yard, but have not been fully identified, yet.

Community Centers and Ancillary Facilities
The City operates four community centers and several ancillary facilities. The Kennedy Youth Center was renovated in 2017, but several items that were not completed as part of the renovation, including:

City Council/RSA Agenda 65 Tuesday, August 9, 2022
The transformer needs to be moved and replaced
HVAC needs replacement
Mop sink is needed in Café to lease out, per health department Exterior lighting should be improved
Amphitheater shade covering needs replacement
In approximately 2008 the Mark Green Sports Center was completed. Now, after 14 years of use, the facility is beginning to show wear. The motorized doors to the fitness room need to be replaced and the gym curtain and motors are beginning to fail.

The Ruggieri Senior Center has a heavily used commercial kitchen and the appliances are beginning to fail and need to be repaired or replaced.

The Holly Center has not been upgraded in many years and is due for improvements, including:

Alarms,
Roof, windows, and skylight leaks,
Exterior paint,
Interior finishes, including doors, tile, floors
Electrical systems
Kitchen and bathroom upgrades
HVAC improvement
Storage room expansion, and
A trash/recycling dumpster enclosure. As one of the most popular rental facilities in the City, the Holly Center does not have a trash enclosure, which has proved to be an operational issue.

All community centers are planned to be retrofitted with generators and/or backup batteries. In case of emergency or in a disaster situation, the community centers would function as essential City facilities that could be used as an emergency operation center, a point of distribution, a temporary shelter, or other need.

Several smaller community facilities that are listed in Attachment 3 are repaired on an as needed basis and at this time there are no planned or scheduled improvements.

INFORMATION TECHNOLOGY
Information Technology Infrastructure
The City’s telecommunication and security infrastructure that is managed by the Information Technology Services Department is integral to all City facilities operations. Telecommunication equipment has been deployed to provide required services like network connectivity, hosting of software applications, building security, video monitoring, and active and passive telephone equipment. The active equipment, like routers, servers, and audio/video equipment, has a life span of five to seven years. At the end of the life span, the electronic equipment becomes prone to failure, loses manufacture support, and becomes technically obsolete.

The passive equipment, like telecommunication cabling and patch panels have a life span of 15 to 20 years. At the end of the life span the cabling is more likely to cause data failures and not support new connectivity standards.

The electronic equipment at City facilities also requires ongoing monitoring as it is sensitive to power fluctuations and temperatures. Uninterrupted power supplies (UPS) are used to regulate voltage and keeps the equipment powered during outages. The data center and communication rooms at the City sites require separate cooling systems to keep the equipment within required temperature ranges. In additions, the City Hall City Council/RSA Agenda 66 Tuesday, August 9, 2022
Data Center has a dry fire suppression system in case of a room fire.

Information technology infrastructure is a critical part of City operations and supports all City facilities.

Similar to other infrastructure, information technology must be planned and budgeted to maintain operations.

NEXT STEPS
Staff has provided an overview to the City Council, with a focus on the City Hall and Police Department Building. As the Councilcan surmise, there is no clear path forward to implement the recommendations for the City Hall and Police Department Building because of the $17 million cost. Alternatives the Council could consider, include:
1 ) Budget bi-annually to pay-as-you-go to address the most immediate improvements and identify CIP projects as anticipated over the next five-years. This is the approach the City currently uses. This approach works for limited-cost items, but it is difficult to undertake significant improvement projects that may exceed the capacity for any two-year budget to absorb.
2) Annually set aside general funds into a 'sinking fund' to build a reserve for expensive improvements or use short-term loans at commercial banking interest rates, or a combination of general fund and loan. 3) Explore the use of Development Impact Fees for capital facilities improvements. This has been a source of funding for some improvements to capital facilities, but the revenue stream is unreliable as it is tied specifically to new development. Updating the Development Impact Fees is underway and the City Council will receive a briefing in the fall, specifically on the Capital Facilities Fee. 4) Combine efforts of Options 1, 2, and 3;and/or
5) Consider a voter-approved measure (such as a facilities bond measure) to rebuilding and improve facilities. As the Council is aware, the City of Newark recently completed the construction of a new Civic Center campus with a City Administration building, Police Department building and a separate library. The cost of this option would require about seven to ten years to complete because of the several steps that would be required:

Facilities Master Plan to set priorities;
Programming, preliminary design, and phasing;
Site acquisition, if needed;
Voter-approval for financing;
Set up financing (sell bonds, for example);
Final design and bid; and
Construction
Whichever steps the City Council may wish to consider, staff would suggest the completion of a comprehensive facilities master plan so that the Council could plan, budget, and prioritize projects that will be needed over the next several years. A facilities master plan will take several months to prepare and any conclusions or recommendations would likely come before the Council in 2023.

FISCAL IMPACT
There is no impact to the General Fund at this time. Should the Council support moving ahead with a master plan that is focused on the City facilties, a Parks and Community Facilities Master Plan is identified in the CIP as Project Q and is funded through the Special Parks Fund.

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RECOMMENDATION
No specific action is required as a result of receiving this report; however, staff requests that the City Council discuss and provide feedback on any specific approaches they would like to explore with regards to ongoing facilities improvements and repairs. Staff would also recommend that the City Councilconsider the preparation of a city-wide facilities master plan so priorities can be established, and projects can be properly planned for and budgeted.

Prepared by:

Joan Malloy
Submitted by:

Joan Malloy
ATTACHMENTS:

Description Type
Attachment 1 - Swinerton City Halland Police Building Assessment Report
Attachment
Attachment 2 - Five-Year CIP Attachment
Attachment 3 - List of City Facilities Attachment
City Council/RSA Agenda 68 Tuesday, August 9, 2022

CITY HALL AND POLICE BUILDING

DRAFT CONDITION ASSESSMENT REPORT
MAY 2022
Greg Armendariz, PE
Project Executive, SMC
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EXECUTIVE SUMMARY
The City Hall and Police building was built approximately in 1977 and has served the City well over the last 45 years. There have been some tenant improvements in the Police Department, some office expansion in the Engineering area of City Hall, replacement of one air handler, and structural seismic retrofit work to the building. Overall, the entire facility is in good condition, with normal wear and tear, and some infrastructure that is reaching its’ design life. Recommended improvements include a combination of infrastructure replacement, code upgrades and modernization improvements.

This assessment effort is to provide the City with a snapshot condition assessment of these facilities, recommended improvements, and most important, a preliminary cost estimate for program level budgeting in the City’s Capital Improvement Program (CIP).

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1. BUILDING SYSTEMS & ELEMENTS
Our review of the facility included the following building elements:
 Mechanical – HVAC system
Electrical – power and lighting
Plumbing
Life Safety – Fire Suppression and Fire Alarm
ADA
Telecommunications & Technology
Office Environment including conference rooms and Council Chambers Site – parking lot and access
Building shell
The following items are Not included in our review and are recommended for engineering review and analysis, by the appropriate consultants are:
• Structural system
• Geotechnical review
For purposes of providing the City with a comprehensive program budget, we have included some assumed costs for these two items, which would be adjusted, upon completion of the recommended engineering evaluations.

2. INITIAL ASSESSMENT:
a) Building Code Upgrades – Since the original construction of this facility, there have been numerous Building Code revisions. The following Building Code evaluations and upgrades are recommended to be included in a Program Budget:
i) Fire Suppression System – Add new system on both floors, this includes installation of a new fire service line to the building from the street. ii) ADA – restrooms and exterior walkways to entries. Restroom ADA improvements will require modifications to increase the floor space areas; and the exterior walkways will require reconstruction with more gentle slopes and platforms.

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iii) Electrical Vehicle Charge Stations for public and employees – we estimate 6 to 8 charge stations are required with the current building code. However, this number will increase significantly, with the next Building Code revision. This also does not consider the library needs, as this was not part of this scope. iv) Seismic Analysis to determine if additional seismic retrofit work is required.

Although the building was seismically retrofitted over 10 years ago, this analysis is highly recommended because City Hall/PD is an Essential Facility and needs to remain operational after a major seismic event.
b) Soil Settlement at northwest building corner – The City Hall and Police building is founded on a fill embankment, and over the years, some settlement has occurred at the northwest corner of the building which has caused some cracks on the concrete floor slabs and wall. A geotechnical evaluation is required to assess other possible settlement areas below the foundation, which are not visible nor currently known. There may be some repairs of the fill required, before repairing the cracked concrete areas. This can include low pressure grout injection, below the foundation.

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c) Infrastructure Replacement
i) IT – upgrades to the building fiber optic cabling, high speed data service drops to all offices, workstations and conference rooms, servers, terminations, and racks are needed. In addition, the Main IT room is too small for additional servers/rack systems, and improvements to cooling system are required. Relocation of the Main IT room to an adjacent larger room is possible with some room modifications.

ii) HVAC system – two of the rooftop HVAC units are approaching the end of their service life. The HVAC system air supply and return zones in several office spaces require “re-zoning” and adding more zones. This will improve the air supply and air return capacity and provide more complete and frequent air exchanges. The work would involve adding more supply and return registers and ductwork modifications, and Variable air Volume (VAV) boxes, to provide better temperature controls, and more importantly to improve the air exchanges in these spaces.

Replacement of the roof top HVAC units, with higher capacity units. These new HVAC units will improve the quality of the air supply with higher filtration and air disinfection using UV lamps, to disinfect the “return air” into the office spaces. The City Council/RSA Agenda 73 Tuesday, August 9, 2022

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additional zones and VAV boxes will also eliminate the “hot spots” at offices with window exposure, and cold spots at other locations.
two aging HVAC rooftop units and Low Ceiling and tall partitions ductwork
Need to increase the air exchanges in office spaces by adding more supply and return registers. This will also provide improved temperature control. iii) Electrical/backup Generator – the emergency backup power system did not perform as intended, during the last utility power outage event. Some retrofit work may be required to ensure that the emergency backup power system functions in a “failsafe” mode at all times. In addition, the City would also like to increase the building services areas with emergency power, during a major power outage event.

Additional building electrical work will be required.
iv) Office Lighting – office lighting in some office spaces is poor, and replacement of all lighting fixtures is recommended once the ceiling is removed for other infrastructure City Council/RSA Agenda 74 Tuesday, August 9, 2022

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work. New LED lighting fixtures are far more energy efficient, with dimming controls, room occupancy sensors, ambient outdoor light sensors, all providing significant energy savings.
v) Tile ceiling replacement – with all the “above ceiling” infrastructure work, the existing tile ceiling will require replacement and will enhance the office atmosphere.

Some hard ceilings may also require replacement due to the above ceiling work.

3. HIGH PRIORITY IMPROVEMENTS
The following are high priority items currently being addressed and will eventually be removed from the overall building renovation program:
• Emergency Generator and issues – Discussion with staff on proposed upgrades to issues with backup generator. Generator controls failed to perform during a recent utility power outage, and staff identified the need to perform a diagnostics test, which may lead to some controls or electrical modifications, to insure a “fail-safe” performance.

In addition, the emergency generator powers only a portion of the building, and an electrical load and capacity engineering analysis is required, to enable design modifications to the building electrical system to expand the service areas powered by the emergency generator.

Atrium Garden water leak issues – The City Hall lobby atrium garden is on the floor deck above the 1st floor police department. The subdrain system has become plugged with plant root intrusion, and it also appears that the waterproofing membrane has failed, so consequently this has resulted in water leaks in the ceiling above PD offices.

The atrium planter material, irrigation & subdrain system and waterproofing membrane requires removal and reconstruction. This problem will only worsen and deferring this work may cause more disruptive problems in the police offices below. The retractable roof will also need to be inspected for leaks and repaired if needed.

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4. APPROACH FOR IMPLEMENTING IMPROVEMENTS
Ideally, these improvements are done as a single project, due to the integration of all these systems. More specifically, many of the recommended improvements are above the ceilings, in the office spaces. These include HVAC ductwork, VAV boxes, registers, plumbing and controls, Fire sprinkler system, electrical system, lighting, and telecommunications fiber optic cabling, ceiling mounted WAPs, fire alarm detection and annunciation systems.

Our recommendation is to proceed with a top-down approach. This sequence for each phase can be as follows:
o Demolition of Ceiling and all above ceiling infrastructure o Install all new infrastructure including fire sprinkler & fire alarm systems, lighting fixtures, electrical power and telecom systems and ceiling o Paint walls and refinish all woodwork (doors and veneer walls) o Install new carpeting
o Install new cubicle stations
Secondly, the work can proceed while City Hall and PD remain in operation, with a two (2) phase approach for each floor, combined with off-hour construction for all disruptive work.

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Infrastructure above tiled ceiling
Analog duct pressure meters are outdated Aging Electric Control Panels City Council/RSA Agenda 77 Tuesday, August 9, 2022

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Conference room – Lighting, HVAC, skylight,
and Audio/Visual and telecom improvements
are needed.

If a funding plan for a single project approach, is not feasible, an alternative option for consideration, is for the City to establish a budget restricted reserve fund in the City Budget, with annual deposits, to safeguard against unexpected or emergency building expenses.

SCHEDULE & FUNDING
The following is a conceptual overview of a possible Project schedule, if an aggressive funding strategy is developed to provide a financing plan by mid- 2023 and a Design/Build project delivery method is implemented. Several funding sources will be required and could include external grants, new revenue generation such a new tax measure and/or parcel tax, use of “fair share” enterprise funds.

Design & permitting duration is 12 months and Construction duration is another 12 months.

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COST ESTIMATE
Cost estimate spreadsheet workbook – A workbook has been prepared for costing of all the identified and recommended improvements. The cost estimate includes all fully burdened construction costs (benchmarked with recent similar work,) and include all soft costs for implementing these improvements as well as contingencies for unforeseen work.

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BUILDING REPLACEMENT COMPARISON
Based on building age (45 years), the cost to tear down and construct a new building, should always be compared to cost of Major Improvements being considered. Rule of thumb is to build a new facility when the costs of major improvements reach or exceed 50% of replacement costs.

• For a new replacement building assume 40,000 square feet, • The current costs for a new replacement are $60 million In this case, the cost of Major Renovations @ $17 million is only 28% of a New building.

Therefore, it is far more economical to invest in major renovations of this facility, if this facility is still the “right” size, for the foreseeable future.

Whether the City invests in major improvements to extend the life and usefulness of the existing building or elects to construct a new building, new funding sources will be required. At a minimum, it is recommended that the City develop a financial sinking fund, to reserve funds for infrastructure replacement and improvements as they become due for replacement in the future. A building valuation analysis based on actual equipment and improvements installed, would determine annual deposits into a sinking fund, but generally, for this size building, it would be in the order of $300,000 to $600,000.

FINAL RECOMMENDATIONS
If a Project financing plan is not feasible at this point, it is recommended that the City develop a Building Improvement Reserve Fund (Sinking Fund), to be funded annually, specifically for the upcoming infrastructure replacements. Ideally, infrastructure can be replaced “just in time”, prior to catastrophic failure. However, careful monitoring and tracking of system performance, is critical with this strategy.

A Facilities Master Planning effort is also recommended, to assess current staffing areas, overflow issues, and future growth needs. This will also provide for strategic planning of City operations and influence the decisions and scope of building improvements, replacement, or repurposing.

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A

CITY FACILITIES
Location Address
1 City Hall 34009 Alvarado-Niles Rd
Union City, CA 94587
2 Corporation Yard 34650 7th St, Union City,
CA 94587
3 Union Landing Transit
Center
32080 Union Landing
Blvd, Union City, CA 94587
4 BART Mobile Trailer 1106 Decoto Rd. Union
City, CA 98587
5 Union Landing PD
Substation
32195 Union Landing -
Union City, CA 94587
6 Four Corners (ARC) PD
Substation
31880 Alvarado Blvd,
Union City, CA
7 Station 30 35000 Eastin Ct Union
City, CA 94587
8 Fire Station 31 33555 Central Ave Union
City, CA 94587
9 Fire Station 32 31600 Alvarado
Blvd Union City, CA 94587
10 Fire Station 33
33942 Seventh
Street Union City, CA
94587
11 Decoto Resource Center 505 H Street Union City,
CA 94587
12 10th Street Center 33948 10th St. Union City,
CA 94587
13 Holly Community Center
31600 Alvarado
Blvd Union City, CA
94587-5801
14 Kennedy Youth Center 1333 Decoto Rd Union
City, CA 94587
City Council/RSA Agenda 85 Tuesday, August 9, 2022
A

CITY FACILITIES
15 Ralph and Mary Ruggieri
Senior Center
33997 Alvarado-Niles
Road Union City,
California 94587
16 Mark Green Sports Center 31224 Union City
Blvd Union City, CA 94587
17 Larry Orozco Teen
Workshop
33623 Mission Blvd Union
City, CA 94587
18 William May Center 1200 J Street Union City,
CA 94587
19 Studio 11 34626 11th Street Union
City, CA 94587
20 Teen Workshop 33623 Mission Blvd. Union
City, CA 94587
21 Hedgehog Mobile Trailer 3871 Smith Street Union
City, CA 94587
22 Union City Historical
Museum
3841 Smith Street Union
City, CA 94587
23 Union City Library 34007 Alvarado-Niles Rd,
Union City, CA 94587
24 CERT/EOC Trailer 33555 Central Ave Union
City, CA 94587
City Council/RSA Agenda 86 Tuesday, August 9, 2022
Agenda Item
DATE: 8/9/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: INFORMATIONAL PROGRESS REPORT ON THE CITY’S STRATEGIC PLAN AND CITY COUNCIL PRIORITIES FOR FISCALYEAR 2021-2022.

Staff recommends that City Council accept this informational report on the progress and accomplishments on the Strategic Plan (see Attachment 1) and City Council priorities made from August 2021 and July 2022.

STRATEGIC PLAN ALIGNMENT
This report is in alignment with Goal E, Strategy 3, of the Strategic Plan.

GOAL E: Communication and Outreach
Strategy.3: Create and implement a plan for conveying progress and outcomes from the City’s Strategic Plan to employees and the community at large.

BACKGROUND
The five-year (FY2019-20 through FY 2024-25) Strategic Plan was adopted in 2019 as a tool to establish the priorities set by the City Counciland ensure accountability in implementing the strategies. Approximately a year ago, on August 5, 2021, City Council and department directors held a Strategic Plan workshop retreat to review the midpoint accomplishments of the five-year plan and establish new strategies for the coming FY of 2021-22 and 2022-23. The Strategic Plan Midpoint Updates were adopted in October 12, 2021.

At the August 2021 retreat, the Council restated its commitments to the Goals and added the following strategies:

GOAL A: Financial Stability and Sustainability

1. Study and prepare for placement of a revenue measure for the November 2022 election that addresses the expiration of the half-cent sales tax; or prepare for $6 million in service cuts.

2. Determine the feasibility of a revenue ballot measure for November 2024 and/or November 2026 City Council/RSA Agenda 87 Tuesday, August 9, 2022
that could consider a new landscape and lighting district (indexed to CPI) and/or a tax to fund a new City Hall/library.

3. Study the benefits and opportunity to update the City’s business license tax for voter consideration.

GOAL B:Governance and Organization Effectiveness
While no new strategies were added under this goal, the Council restated their commitment to staff recruitment, retention, and succession planning.

GOAL C: Economic, Community Development and Public Safety

1. Facilitate the development of entitlements and closing on the sale of the Gateway property to generate revenue to fund the construction of Phases 3 and 4 of the Quarry Lakes Parkway.

2. Continue providing support to City residents and businesses related to COVID-19 recovery.

3. Increase fines for illegal fireworks, develop and implement a public communication campaign about fireworks, consider banning the sale and deployment of all fireworks if the threat to community safety is not significantly reduced during the 4th of July season.

GOAL D: Environmental Sustainability and Infrastructure

1. Prepare RFP for Franchise Agreements for solid waste and recycling collections with emphasis on selecting vendors with resources to implement organics legislation

2. Enable a robust cyber security and information technology disaster recovery service.

GOAL E: Communication and Outreach

1. Develop and implement a diversity, equity and inclusion approach to citywide communications and outreach.

2. Collaborate with the Arts and Culture Commission and Bay Area Rapid Transit (BART) to place murals on the Kennedy Park BART pillars.

DISCUSSION
As the City recovers from COVID-19, staff continues to make progress in implementing and completing the strategies. This report documents the progress and outcomes of the strategies since the August 2021 workshop retreat and midpoint update of the Strategic Plan.

GOALA: FINANCIAL STABILITYAND SUSTAINABILITY
Foster fiscal health through disciplined long-term planning, cost control, heightened ef iciency, increased revenue, and cost recovery.

A.5: Implement the City cannabis program to attain anticipated new revenue with a commitment to adapting where necessary in light of evolving Statewide trends FLOR East Bay, LLC received a retail permit February 23, 2021. FLOR opened for business in late June 2021. Their expected cannabis business tax revenue was projected to be $279,000 in FY 2021-22.

As of March 31, 2022, the City had collected $310,573 in cannabis tax revenues, exceeding the initial projections.

Jiva Life, LLC had a grand opening for a retail location at 30545 and 30547 Union City Boulevard on May 25, 2022. The City anticipates a cannabis business tax revenue of $258,000 in FY 2022-23; $277,000 in FY 2023-24; $298,000 in FY 2024-25; and, $320,000 in FY 2025-26.

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To date, Union City has received $175,768.80 in cannabis community benefits payments. These funds support a variety of services and community needs, including marijuana drug recognition training for police officers, support for Youth and Family Services and the City’s CAREvan program, CRS scholarships, and other high-priority community programs.

A.6: Conduct routine evaluations of city fees and update as needed.

Based on strategies recommended by the Fiscal Stability Committee on August 2020, the Community & Recreation Services Department presented recommendations for increasing CRS fees to City Council in March 2021. City Council approved the fee increases, which is projected to increase CRS revenues to reduce City subsidies of classes, court maintenance, facility use, and field rentals. These adjustments included:

Increased sports field rental rates.

Increased reserved tennis court rates.

Increased Mark Green Sports Center membership fees.

A five (5) percent increase for all fee-based classes.

In addition, City staff have retained a consultant to perform a comprehensive update of our Development Impact Fees. The fee updates are expected to be completed by spring 2023 and will include a review of the Public Works Department’s Plan Check fees. Last, the FY 2022-23 Master Fee Schedule was adopted by City Council on May 24, 2022.

A7: Study and prepare for placement of a revenue measure for the November 2022 election that addresses the expiration of the half-cent sales tax; or prepare for $6 million in service cuts.

In January 2022, a City Council Ad Hoc Subcommittee, consisting of Councilmembers Singh and Duncan, was formed to consider the placement of the one-half cent sales tax on the November 2022 ballot. The Subcommittee also considered a possible update to the City’s business license tax, which would also require voter approval. The Subcommittee recommended that the Council consider placing the extension of the one-half cent sales tax on the ballot and further study the business license tax for consideration by the voters in November 2024.

A survey was conducted regarding the residents’ perspective on the half-cent sales tax and City services.

Other outreach methods included social media, web content, flyers, FAQs, and informational mailers sent to every household.

On July 12, 2022, City Council voted unanimously to place the measure on the November 2022 ballot for voter consideration.

A9: Study the benefits and opportunity to update the City’s business license tax for voter consideration.

On February 3, 2022, staff presented to the Council Ad Hoc Subcommittee to consider the placement of revenue measures (i.e., business license tax increase and/or the one-half cent sales tax extension) on the 2022 ballot.

On February 17, 2022, the Ad Hoc Subcommittee recommended deferring the consideration of the business license tax to 2024 to provide time to refine the analysis and understand the impact that raising the tax may have on Union City businesses.

On February 22, 2022, City Council accepted Ad Hoc Subcommittee recommendations. Finance is continuing to gather data from our local businesses to better assess the impact a business license tax increase may have.

City Council/RSA Agenda 89 Tuesday, August 9, 2022
GOAL B:GOVERNANCE AND ORGANZATIONAL EFFECTIVENESS
Produce high-quality services to the community through a commitment to local government best practices and employee development, support, and retention
B.1: Align the provision of critical city services and Strategic Plan implementation with current staffing levels.

Human Resources Director, Lilybell Nakamura, gave a report to City Council on July 26, 2022 detailing the operational plan for the Human Resources Department and the accomplishments in improving the onboarding process for new employees. The new onboarding process includes an in-person orientation where the employee will have an opportunity for an onsite tour of city hall, introduction to staff, a PowerPoint presentation about the City’s mission and values, an overview of the organizational structure, operations, employee resources, policies, and training.

GOAL C: ECONOMIC, COMMUNITY DEVELOPMENT AND PUBLIC SAFETY Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

C.1: Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses forthe benefit of the community.

Staff presented to EDAT in 2020 the feasibility of transforming warehouses and provided several options to explore. EDAT members supported updating the Zoning Ordinance to include standards for flex-industrial buildings and preparation of a study to analyze increasing the business tax on warehouse uses.

Staff hired HdL to prepare the analysis. Based on feedback from HdL, the scope of the analysis was expanded to review all the City's business license tax fees.

The draft study entitled "HdL Business Tax Analysis" was presented to EDAT in September 2021, which provided several methodologies for increasing the business license tax. EDAT members provided feedback on a preferred methodology.

In October 2021, staff provided an overview of the warehouse transformation options presented to EDAT, the draft HdL study, and EDAT’s recommendations to the City Council. The Council concurred with updating the Zoning Ordinance and evaluating the business license tax structure for consideration of putting it on the ballot. Staff noted the need for additional time to further refine the business license tax methodology and to outreach to businesses.

C3: Develop a multi-departmental approach to address homelessness through coordination with staff, community organizations andAlameda County.

The City applied for and received a Permanent Homeless Local Housing (PHLA) grant that provides funding for homelessness programs staffing (one full-time Coordinator/Case Manager and one part-time Outreach Worker).

The City hired a Homelessness Programs Coordinator/Case Manager, who will be the City’s central point of contact for homeless matters and will establish a City inter-departmental team that will meet regularly to address the circumstances of homeless individuals and encampments within City boundaries.

A recruitment plan is being prepared to hire a part-time Homeless Outreach Worker in the fall of 2022.

C.4: Work with the Union Landing Property Owner’s Association to ensure Union Landing remains a destination for shoppers through property improvements, on-going property maintenance, and a continued focus on public safety.

City Council/RSA Agenda 90 Tuesday, August 9, 2022
Economic Development staff provide direct support to the administrative function of the Union Landing Property Owners Association (ULPOA), which includes administration of the Union Landing Property Business Improvement District (PBID) funds and budget; tax filings; records retention; nonprofit filings; and budget reports. As a result of these efforts, an active, engaged ULPOA Board of Directors work to ensure the center’s viability and continued collaboration with the City and the Police Department.

Economic Development and Public Works staff worked with the ULPOA to complete Phase I of the gateway walls rebranding along Dyer Street. This work required removal of dead and dying landscaping, repair and repainting of the walls and the installation of new wall signage on each of the City-owned walls and the privately-owned wall.

Phase II of the rebranding is underway and includes re-landscaping both the City and privately-owned gateway wall landscape areas. This project will be largely overseen by Public Works staff.

The ULPOA and City Council approved the FY 2022-23 Annual Report with a budget that included funding for three dedicated police officers; web page and social media promotions; banner maintenance; funds for gateway wall landscaping, and a contingency fund to support ongoing improvement efforts. With the support of City staff, the ULPOA funded holiday festivities in 2001 to support enhanced holiday sales post pandemic.

C.5: Promote housing development for all income levels in the community by updating the zoning ordinance to include objective standards for new multi-family residential development in order to streamline the review of applications for housing developments, and update the Housing Element, to facilitate the development of affordable housing.

The draft Housing Element was prepared over the past year and was informed by extensive outreach efforts (i.e., community meetings, community survey in multiple languages, stakeholder interviews, and pop-up event at Farmers Market). The Housing Element was released for 30-day public review in June/July 2022 and the draft was reviewed by the Planning Commission during that time.

The draft has been submitted to the State Housing and Community Development (HCD) Department for their review. A formaladoption by City Council is expected in the Winter 2022-23.

Updates to the Zoning Ordinance are currently underway to streamline review of single-family developments including the addition of objective design standards for single-family and accessory dwelling units and SB 9 developments. Zoning Ordinance updates also address streamlining review of new single-family residences and accessory structures. Anticipated review by City Council in September 2022.

Updates to Zoning Ordinance are currently underway to create new residential/mixed use Zoning Districts to implement the 2040 General Plan and Station District Specific Plan and add objective design standards for multi-family developments. Anticipated review by the City Council is in first half of 2023.

Staff processed and City Council approved a 123-unit, 100 percent affordable housing development within the Station East area in June 2022.

Staff partnered with Midpen Housing, the developers for Lazuli Landing, which is an 80-unit, 100 percent affordable housing development, to successfully obtain an Affordable Housing and Sustainable Communities grant in the amount of $13.5 million.

C.6: Update the Economic Development Strategic Plan to meet the City’s financial goals and build regional partnerships.

City staff supported Management Partners’ effort to evaluate economic development practices. Staff support to this effort included Union City sector analysis including top 10 sectors based on NAICS codes; summarization of sales tax revenue reports; industrial real estate reports; and real estate trend reports for the region. This data will also feed into the Economic Development Strategic Plan update scheduled to begin in FY 2022-23.

C.7: Collaborate with commercial brokers on retail and commercial opportunities for new businesses City Council/RSA Agenda 91 Tuesday, August 9, 2022
and identify factors that will encourage high revenue-producing businesses to lease vacant properties.

Economic Development staff provides on-going response to broker and businesses inquiries regarding interest in both retailand industrial space.

C10: Strengthen the Community Emergency Response Team Program through the Alameda County Fire Department per agreement with the County
City staff conducted a hybrid CERT Academy, which will include a hands-on module with ACFD later this year.

City staff have also coordinated with Newark CERT to combine training and meetings together to allow for both programs to leverage our current membership. Staff are also beginning to conduct quarterly inperson hands-on training for all CERT members, and staff are holding monthly virtual trainings for CERT members and community members.

C.11: Complete the General Plan update, the Station District Specific Plan, and the Hillside Specific Plan.

The draft Station District Specific Plan and related draft EIR was released for public review in June 2022. The Specific Plan and EIR are anticipated to be brought back to the City Council for adoption/certification in Fall 2022.

Staff and the consultant team are preparing a Background Report for the Hillside area, which is the first step to develop a Specific Plan for the proposed Hillside development project.

C12: Provide employee training foremergency preparedness and conduct disasterresponse drill City staff is working with the Human Resources Department to develop the FEMA Incident Command System (ICS) training program, which is expected to begin later this summer. The program will cover the principles and basic function areas of the ICS system, online FEMA courses in IS 100, IS 700, National Incident Management System (NIMS) and up to operating a full Emergency Operations Center (EOC). The program will also offer employees Personal Emergency Preparedness (PEP) training to inform and prepare individuals and their families to be self-sufficient for days after an areawide emergency or disaster.

C.14: Update the police department strategic plan to include Reimagine Policing Initiatives In June 2020, the Policing and Community Engagement Committee convened eight virtual listening sessions where 15 stakeholders provided feedback on policing in Union City. The committee developed the following initiatives:

1. Accountability and Transparency

2. Hiring and Training

3. Mental Health & Social Services

4. Community Policing
City Council provided direction to establish work teams (Policing & Community Engagement Working Groups) to research opportunities and create an implementation plan.

Policing & Community Engagement Working Groups provided areas in which the Police Department could focus their efforts to reimagine policing within the strategic plan.

Internaland external surveys were conducted with employees and community members.

City Council/RSA Agenda 92 Tuesday, August 9, 2022
A Peace Officer Standards and Training (P.O.S.T) facilitated Team Building Workshop was attended by all supervisory ranks and above. This Team Building Workshop was used to build upon the recommendations from the Policing & Community Engagement Working Groups as it pertained to the Strategic Plan and their reimagining recommendations.

A five (5) year Police Department Strategic Plan was developed, reviewed, and approved by the City Council.

The Strategic Plan will be published on the Police Department website.

C.15: Continue to review development permitting processes to streamline service and improve efficiency and develop a communication plan to disseminate modifications to staff and customers.

Economic and Community Development Department staff refined internal processes to better facilitate on-line application submittals and updated public handouts further clarifying on-line submittal process.

C.17: Create a plan for leveraging the social services resources in Union City and the County to make efficient use of all limited resources
COVID-19 severed the traditional model of providing social services to the community. In, addition, staffing shortages made it more difficult to maintain relationships with community partners. Now that programming and services have returned, staff is forging new private/public partnerships to continue to serve the growing needs of the community.

A new client management software also has been launched for Youth and Family Services, which will significantly improve staff's ability to track and report on the clients that are served and the case loads that are managed. The software also meets federal privacy rules, commonly referred to as HIPAA standards.

C.20: Facilitate the development of entitlements and closing on the sale of the Gateway property to generate revenue to fund the construction of Phases 3 and 4 of the Quarry Lakes Parkway The City entered into an ENA with City Ventures in December 2021 for development of the Gateway property.

C21: Continue providing support to City residents and businesses to COVID-19 recovery Despite the business need for financial assistance as a result of the impacts of COVID-19, the business response has been slow to apply for funding. While not documented, businesses may be experiencing fatigue, and some have struggled to provide necessary documentation to receive funding.

On-going Business Support
Both Housing and Economic Development staff continually provided support to residents and businesses regarding COVID-19 relief grant opportunities at the state, federal, and regional level. Most funds are used for rent relief, payroll support and reimbursement for personal protection equipment (PPE) and other COVID-19 expenses. In addition, not allassistance is monetary, some include referral to legal or other resources
Union City’s Road to Recovery Loan Results (CARES Act and CDBG entitlement funding) Loan/grant amounts available Between $10,000 - $25,000
City Council/RSA Agenda 93 Tuesday, August 9, 2022
Number of loans awarded 23 businesses
Number of loans in pipeline 7 businesses
Total Amount Distributed $550,000
Temporary Outdoor Dining
The City established a COVID-19 Relief Temporary Outdoor Dining program to allow restaurants to install seating outdoors through a streamlined review process. Thirty restaurants took advantage of the outdoor dining temporary program and staff also worked with SyWest Development to address the sidewalk seating needs of smaller businesses.

Eastbay Community Energy (EBCE) Food Security Grant
Fifty thousand dollars was allocated to eight community organizations for COVID-19 response to support food security in the community. Funding helped aid in purchasing additional food and nongrocery items, the distribution of food and support for the expansion of operations, purchase of PPE and supplies, and the hiring of temporary staff.

Residential Rental Assistance
Approximately $284,000 in rental assistance was issued to provide rental assistance for tenant’s struggling financially due to the COVID-19 pandemic and who have been unable to pay their rent. The total number of household members that were able to stay housed with the help of the rental assistance payments was 202. Funding was provided from both the CARES Act and the City’s CDBG entitlement funding to provide rentalassistance for tenants.

Alameda County Emergency Rental Assistance Program
Alameda County was able to provide approximately $3.26 million in emergency rental assistance for tenants in Union City who were struggling financially due to the COVID-19 pandemic and were unable to pay rent and had accrued back rent through the pandemic. The County was able to approve 208 applications for Union City residents who were eligible for the program. City staff coordinated with the County on multiple communication outreach flyers to ensure that tenants struggling to pay rent had access to the Alameda County application portal to apply for rentalassistance C.22: Increase fines for illegal fireworks, develop and implement a public communication campaign about fireworks, consider banning the sale and deployment of all fireworks if the threat to community safety is not significantly reduced during the 4th of July season.

Staff explored strategies for increased penalties for the deployment of illegal fireworks, conducted a public opinion survey on community views regarding fireworks, formalized regulations and processes for the sale of Safe and Sane fireworks, and increased outreach and education. These efforts are described in full detail below.

Increase fines for illegal fireworks: The City Council introduced and adopted Ordinance No. 890-21 on October 26, 2021, which added Chapter 7.26 – Fireworks to the Union City Municipal Code, that:

Deleted UCMC Chapter 15.20.140 – Explosives and Fireworks.

City Council/RSA Agenda 94 Tuesday, August 9, 2022
Defined the deployment of illegal fireworks as a misdemeanor.

Created a $1,000 fine for deployment of illegal fireworks or for the deployment of Safe and Sane fireworks in violation of UCMC Chapter 7.26.

Established a Social Host Ordinance that created a $1,000 fine issued against the property owner where illegal fireworks are deployed.

Provided the authority to the Union City Police Department to issue administrative citations in violation of UCMC Chapter 7.26.

Determined that Union City would be responsible for collecting the fines for citations issued as opposed to the Alameda County District Attorney.

Public Opinion Survey: In response to the City Council's direction to seek the community’s viewpoint regarding the use of fireworks, staff engaged Godbe Research to prepare a survey. Results of the survey were presented to the City Council at the October 26, 2021, meeting. The polling results showed that the community is divided on the issue of supporting the sale of Safe and Sane Fireworks and supporting the banning of all fireworks. The results indicated that, should an ordinance banning all fireworks be adopted by the Council, the ordinance is unlikely to hold up in a referendum.

Updated Regulations for Safe and Sane Fireworks Sales: The City Council also adopted Resolution No. 5844-21 on October 26, 2021, which amended City Council Resolution No. 2537-03 as follows to reflect actual practices in the administration of Fireworks regulations for organizations issued a permit to sell State Fire Marshal-approved “Safe and Sane” fireworks:

Organizations issued a permit to sell fireworks are now required to document all costs and expenses incurred selling fireworks on a Fireworks Financial Report disclosure form prepared by the City.

Organizations selling fireworks must comply with state law and provide proof of payment to the California Department of Tax and Fee Administration (CDTFA) of state and local sales taxes.

Provided authority for the Fireworks Administrator not to issue a fireworks sales permit for the 2022 season if an organization did not provide proof of payment for state and local sales taxes.

Requires treasurer of the organization selling fireworks to determine the net income generated from fireworks sales and the amount deposited into the treasury.

Requires treasurer of the organization selling fireworks to attest to accuracy of the Fireworks Financial Report submitted to the City.

City staff also worked with the fireworks suppliers to design a Fireworks Financial Report disclosure form to identify revenues generated by fireworks sales and all expenses incurred, including the payment of sales taxes. The fireworks suppliers assisted the organizations selling fireworks to complete the form. The specific disclosure items included:

Retail value of fireworks sold.

Sales taxes and City surcharge fees charged to fireworks customers.

Payment to California Department of Tax and Fee Administration for state and local sales taxes.

Expenses incurred selling fireworks.

An attestation of the net fireworks income deposited into the treasury.

Outreach and Education: For the 2022 fireworks season, the City Attorney, staff, and the fireworks distributors Phantom and TNT worked together to prepare a brochure that was printed by the fireworks suppliers and provided to all customers purchasing Safe and Sane Fireworks. The brochure identifies safe practices for the deployment and disposal of Safe and Sane fireworks and discloses the new fines for the deployment of illegal fireworks and deployment of Safe and Sane fireworks in violation of UCMC Chapter

7.26. The brochure was also mailed as a fire safety educational postcard to all Union City residents (22,536 addresses) on June 13, 2022.

City Council/RSA Agenda 95 Tuesday, August 9, 2022
The Union City web page and City-sponsored social media advised residents about the increased fines for deploying illegal fireworks. From June 27
th – July 4th
, the City conducted a social media campaign on local
fireworks laws, penalties, and safety procedures, on Facebook, Twitter, Instagram, and Next Door. In addition, the City distributed the educational brochure on its email list-servs through GovDelivery on June 27 th
, July 1
st
, and July 4
th
.

The City and ACFD staff also participated in two nonprofit booth operator orientations coordinated through TNT and Phantom Fireworks in May 2022. Staff discussed the fireworks booth application process, financial reporting process, inspections, and answered questions. Staff will also train volunteers on how to document fireworks sales expenses and to complete a new online Fireworks Financial Report.

GOAL D: ENVIRONMENTAL SUSTAINABILITYAND INFRASTRUCTURE
Create a healthy, sustainable community and maintain and improve the City’s infrastructure.

D.4: Evaluate development impact fees for new development infrastructure: Decoto Industrial Park Study Area (DIPSA), Transportation Impact Fee, Fire, Parks Facilities Fee, Railroad Preemption Fees9
On February 8, 2022, City Council authorized staff to engage Economic Planning Systems, Inc. (EPS) to update several existing development impact fees and add a Transportation Impact Fee in accordance with AB 1600. The analysis is to ensure impact fees are aligned with the impact that new development will have on City services, infrastructure, and facilities. Staff anticipates the completion of the development impact fee update by spring 2023.

D.9: Convert the UC Transit fleet to electric
To date, Union City Transit has applied for multiple Federal Transit Administration (FTA) discretionary grants through the Bus & Bus Facilities (B&BF) and Low or No Emissions Vehicle (Low-No) programs without success. The discretionary funds are needed to cover the funding gap that exists between the secured FTA formula funds for replacement vehicles that only cover the cost of a diesel-hybrid buses and the much more expensive battery-electric buses (BEB). With the passage of the federal Bipartisan Infrastructure Law (BIL), several million dollars were allocated to FTA discretionary programs and FTA announced that a new notice of funding opportunity (NOFO) would be released in March 2022. Union City Transit has applied for these funds through the LowNo and/or B&BF program to cover not only the current need for replacement buses (replace two 2008 and six 2010 buses) but also near-term replacement buses (replace six 2012 buses) along with the necessary charging infrastructure for these vehicles and the electric paratransit vehicles that were authorized for procurement in February 2022. Union City Transit is waiting to hear from FTA for grant application determination.

As of September 27, 2021, the City has one fully electric Transit vehicle procured and entered into service.

GOAL E: COMMUNICATION AND OUTREACH
Build strong connections with community partners, residents, and employees.

E.8: Develop an outreach strategy aligned with the City’s brand guidelines aimed at heightening the City Council/RSA Agenda 96 Tuesday, August 9, 2022
profile of the City within the community and region
On June 17, 2022, KTVU’s Zip Trip broadcasted live in Union City. Four reporters visited different business and locations around town highlighting resident’s favorite places, restaurants and why Union City is called a diverse and compassionate city.

E.10: Collaborate with the Arts and Culture Commission and Bay Area Rapid Transit (BART) to place murals on the Kennedy Park BART pillars.

After coming out of pandemic restrictions, the Arts and Culture Commission is re-engaging and re-establishing the mural program, starting with the utility box mural program with a plan to expand in the future to other mural projects, such as the BART pylons. The Human Relations Commission (HRC) has expressed interest in participating in the mural program to engage in the community.

FISCAL IMPACT
There is no fiscal impact associated with this report.

RECOMMENDATION
Staff recommends that City Council accept this informational report on the progress and accomplishments on the Strategic Plan and City Council priorities made from October 2021 and July 2022.

Prepared by:

Serenity Mlay, Management Analyst I
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Strategic Plan Midpoint Update, September 2021 Attachment City Council/RSA Agenda 97 Tuesday, August 9, 2022
City of Union City
Strategic Plan
FY 2019-20 through FY 2024-25
Midpoint Update
September 2021
City Council/RSA Agenda 98 Tuesday, August 9, 2022
Union City Strategic Plan Midpoint Update September 2021 Prepared for the City of Union City by Management Partners City Council/RSA Agenda 99 Tuesday, August 9, 2022
Table of Contents Page i
Union City Strategic Plan Midpoint Update September 2021

Table of
Contents

City Council................................................................................. 1 Message from the City Manager .................................................. 2 Strategic Plan Overview............................................................... 3 Mission, Vision and Values .......................................................... 4 Multi-Year Goals ......................................................................... 5 Highlights of Accomplishments ................................................... 6 Major Factors Since Adoption of Strategic Plan ........................... 7 Top Council Priorities .................................................................. 8 Goal A. Financial Stability and Sustainability................................ 9 Goal B. Governance and Organization Effectiveness................... 10 Goal C. Economic, Community Development and Public Safety .. 11 Goal D. Environmental Sustainability and Infrastructure ............. 13 Goal E. Communication and Outreach ........................................ 14 Progress Updates...................................................................... 15 Conclusion ................................................................................ 16 Attachment A. Fiscal Sustainability............................................ 17 Attachment B. Re-Imagining Policing ........................................ 18 Attachment C. Pandemic Initiatives ........................................... 19 City Council/RSA Agenda 100 Tuesday, August 9, 2022
City Council Page 1
Union City Strategic Plan Midpoint Update September 2021 City Council

Mayor
Carol Dutra-Vernaci
Councilmember
Emily Duncan
Councilmember
Jaime Patino
Councilmember
Pat Gacoscos
Councilmember
Gary Singh
City Council/RSA Agenda 101 Tuesday, August 9, 2022
Message from the City Manager Page 2
Union City Strategic Plan Midpoint Update September 2021 Message from the City Manager
To the Mayor and City Council, Community Members and
City Staff:

We are pleased to present this midpoint update of our Strategic Plan. The City’s Strategic Plan covers fiscal years 2019-20 through 2024-25 and serves as a roadmap for Union City’s promise as a place where our inclusive community can prosper, and innovation grows.

Since adoption of the Strategic Plan, significant changes have occurred. These include the pandemic, social unrest, financial uncertainty along with the success of a critical tax measure, and other factors. With this midpoint update, the City Council has established five top priorities for FY 2021-22 and FY 2022-23.

Through a team effort, we have updated our Strategic Plan. The update process started with early input from each member of Council, information from departments, a strategic planning workshop held on August 5, 2021, and preparation of this new Strategic Plan document.

Respectfully,
Joan Malloy
City Manager
September 2021

EXECUTIVE TEAM
Joan Malloy, City Manager
Mark Evanoff, Deputy City
Manager
Lauren Sugayan, Assistant to
the City Manager
Jackie Acosta, Finance Director
Carmela Campbell, Economic
and Community
Development Director
Lilybell Nakamura, Chief Human
Resources Officer
Mario Vallejo, Chief Technology
Officer
Marilou Ayupan, Public Works
Director
Jared Rinetti, Police Chief
City Council/RSA Agenda 102 Tuesday, August 9, 2022
Strategic Plan Overview Page 3
Union City Strategic Plan Midpoint Update September 2021 Strategic Plan Overview
The strategic plan is a living
document, featuring a
comprehensive framework that is
adjusted based on the current
needs of the community.

City Council/RSA Agenda 103 Tuesday, August 9, 2022
Mission, Vision and Values Page 4
Union City Strategic Plan Midpoint Update September 2021 Mission, Vision and Values
In this midpoint update, the
mission, vision and values have
been modified to further reflect
the priority that diversity,
equity and inclusion have for
our city government.

Mission
Our mission is to create and provide
effective, valued services that foster high
quality of life and economic vitality for the
community.

Citywide Vision
To be a vibrant, inclusive and
prosperous community where
residents and businesses thrive, and
innovation grows.

Organizational
Vision
To foster an
environment where City
employees are inspired,
recognized and thrive.

Values
Sustainability
Plan for the long term in all that we do to ensure financial, environmental, and community well-being.

Professionalism
Deliver high-quality services to members of the community while investing in employee development.

Accountability/Integrity
Serve in the best interests of the community as responsible stewards of public resources, with trust and transparency.

Belonging
The City strives to instill a sense of belonging for all our community of residents, workers and visitors.

Respectfulness
Show respect, fairness and equity in our jobs, each other and the community we serve.

City Council/RSA Agenda 104 Tuesday, August 9, 2022
Multi-Year Goals Page 5
Union City Strategic Plan Midpoint Update September 2021 Multi-Year Goals
This Strategic Plan has five multi-year goals. Each goal has a set of strategies for implementation. The following pages show the strategies by goal.

Multi-Year Goals
Goal A. Financial Stability and Sustainability
Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue and cost recovery.

Goal B. Governance and Organization Effectiveness
Produce high-quality services to the community through a commitment to local government best practices and employee development, support and retention.

Goal C. Economic, Community Development and Public Safety Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Goal D. Environmental Sustainability and Infrastructure Create a healthy, sustainable community and maintain and improve the City’s infrastructure.

Goal E. Communication and Outreach
Build strong connections with community partners, residents and employees.

City Council/RSA Agenda 105 Tuesday, August 9, 2022
Highlights of Accomplishments Page 6
Union City Strategic Plan Midpoint Update September 2021 Highlights of Accomplishments
The Council established five top priorities for FY 2020-21 during its August 2020 strategic planning retreat.

The key accomplishments associated with each of their priorities are shown in the following table.

Implementation of other strategies identified in the Strategic Plan is on schedule, and there have been significant accomplishments since adoption of the Strategic Plan. The full list of strategies is provided within each Goal section of this Strategic Plan.

Council’s FY 2020-21 Priorities Accomplishments
• Address the City’s financial shortfalls,
loss of revenue due to COVID-19
• Passage of Measure WW
• Union Landing rezoned to support the opening of cannabis retail • Respond to concerns raised by
community members during Black Lives
Matter discussions
• Re-Imagine Policing initiative
• Human Relations Commission studying diversity, equity and inclusion
• Attract businesses and assist existing
ones
• Funding to help stabilize existing small businesses during COVID-19 • Mass outreach effort during COVID-19 to connect them to resources • Union Landing PBID renewed
• Develop a plan to reduce the costs and
increase revenue for Community and
Recreation services
• CRS operations and programs were analyzed to reduce costs or improve cost recovery. In March 2021, the City Council authorized increasing fees across most CRS programs to improve cost recovery; in August the Council authorized increasing sports field rates from a 9% recovery rate to an approximately 30% recovery rate. • Recover from cyberattack
• Financial infrastructure is fully restored; financial data recovery efforts completed; insurance claim completed; HR system not restored.

Highlights of Other Accomplishments
• Maintained services to the community during COVID-19 and provided regular updates to the community
• Passage of Measure WW (Utility Users Tax)
• Created Police and Community Engagement Committee to initiate re-imagine policing process • Established cannabis as new revenue source
• Reduced fire service costs
• Advanced major projects: Station District and Quarry Lakes Parkway • Renovated Contempo Park
• Established and continued community food distribution • Adopted Council norms, and board and commission norms and guidelines City Council/RSA Agenda 106 Tuesday, August 9, 2022
Major Factors Since Adoption of Strategic Plan Page 7
Union City Strategic Plan Midpoint Update September 2021 Major Factors Since Adoption of
Strategic Plan
Significant changes have occurred since the Strategic Plan was adopted by the City Council in 2019.

These factors have been considered in this midpoint update. Key factors are shown below.

As these issues emerged, the City immediately responded. Three attachments to this Strategic Plan provide additional information on several of these:

Fiscal challenges
and opportunities
Failure of Measure
U (public safety
parcel tax) in
March 2020
Effects of
pandemic
Social unrest and
success of ReImagining Policing
Retirements,
departures and
vacancies
Cyberattack in
2019
Success of
Measure WW (5%
utility users tax) in
November 2020
Attachment A. Fiscal
Sustainability
Attachment B. Re-Imagining
Policing
Attachment C. Pandemic
Initiatives
City Council/RSA Agenda 107 Tuesday, August 9, 2022
Top Council Priorities Page 8
Union City Strategic Plan Midpoint Update September 2021 Top Council Priorities
In August 2021, the City Council identified its priorities for FY 2021-22 and FY 2022-23.

The Council’s top five priorities for these two years are shown below, categorized by goal.

The full list of strategic plan activities is contained in subsequent pages of this document.

At its August 5, 2021 strategic planning retreat, the City Council determined that continuing the reopening process after COVID-19 was an underlying priority that would be part of many goals and strategies.

Goal A: Financial Stability and
Fiscal Sustainability
Generate more tax revenue needed for long-term fiscal
sustainability.

Goal B. Governance and
Organization Effectiveness Staff recruitment, retention and succession planning.

Goal C. Economic, Community
Development and Public Safety Improve and streamline the development process.

Goal C. Economic, Community
Development and Public Safety
Address homelessness.

Goal C. Economic, Community
Development and Public Safety
Build staffing and technology infrastructure to develop the Station District, construct Quarry Lakes Parkway and prepare for future housing development.

City Council/RSA Agenda 108 Tuesday, August 9, 2022
Goal A. Financial Stability and Sustainability Page 9
Union City Strategic Plan Midpoint Update September 2021 Goal A. Financial Stability and Sustainability
Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue and cost recovery.

The table below contains the strategies associated with Goal A and the implementation years.

Strategies
Implementation Years
Ongoing FY
2021-22
FY
2022-23
FY
2023-24 Completed
Goal A: Financial Stability and Sustainability
Strategies

1. Develop a comprehensive fiscal sustainability model
to address the General Fund’s long-term structural
deficit.
x x

2. Determine the level of authorization for the utility users’ tax and develop an informational plan. Complete

3. Reduce costs associated with the City’s fire contract with Alameda County by pursuing discussions
regarding a new emergency services model.
x x x

4. Develop a plan to reduce the costs and increase
revenue for Community and Recreation Services. Complete

5. Implement the City’s cannabis program to attain the
anticipated revenue in new revenue with a
commitment to adapting where necessary in light of
evolving Statewide trends.
x x x x

6. Conduct routine evaluations of city fees and update
as needed. x x
New Strategies Added August 2021

1. Study and prepare for placement of a revenue
measure for the November 2022 election that
addresses the expiration of the half-cent sales tax; or, prepare for $6 million in service cuts.
x x

2. Determine the feasibility of a revenue ballot measure for November 2024 and/or November 2026 that could
consider a new landscape and lighting district
(indexed to CPI) and/or a tax to fund a new City Hall/
library.
x x

3. Study the benefits and opportunity to update the
City’s business license tax for voter consideration. x x x City Council/RSA Agenda 109 Tuesday, August 9, 2022
Goal B. Governance and Organization Effectiveness Page 10 Union City Strategic Plan Midpoint Update September 2021 Goal B. Governance and Organization Effectiveness
Produce high-quality services to the community through a commitment to local government best practices and employee development, support and retention.

The table below contains the strategies associated with Goal B and the implementation years.

Strategies
Implementation Years
Ongoing FY
2021-22
FY
2022-23
FY
2023-24 Completed
Goal B: Governance and Organization Effectiveness
Strategies

1. Align the provision of critical city services and Strategic Plan implementation with current staffing levels. x x x

2. Establish professional development plans for each
employee to optimize staff resources, support their
growth and demonstrate commitment to employees’
careers through a mentoring program and cross-training
assignments.
x x

3. Implement a new system of electing councilmembers by district and establish protocols for governance. x x

4. Prioritize the results of the Management Audit and
develop an implementation strategy. Complete

5. Create a formal exit interview process to learn the
reasons employees leave and obtain useful feedback for
organizational improvements.
x

6. Establish meaningful ways to recognize outstanding
employee performance. x

7. Review and update as needed the City’s personnel
policies to ensure they reflect best practices in diversity and inclusion.
x x

8. Conduct a market study of competitive salary and
benefits to support recruitment and retain talented staff. x x

9. Identify mandated/non-mandated functions and changes needed in each department to ensure proper balance
based on available resources and align services to staff resources.
x

10. Develop institutional knowledge “capture” techniques to document processes and procedures in anticipation of
retirements and other turnover.
x

11. Develop and implement a marketing plan to aid in
ensuring key positions are filled, including the use of targeted recruitment incentives (such as hiring bonuses) for difficult-to-hire positions.
x x x

12. Increase staff efficiency and responsiveness by improving the design of and access to self-service options. x x x x City Council/RSA Agenda 110 Tuesday, August 9, 2022
Goal C. Economic, Community Development and Public Safety Page 11 Union City Strategic Plan Midpoint Update September 2021 Goal C. Economic, Community Development and
Public Safety
Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

The table below contains the strategies associated with Goal C and the implementation years.

Strategies
Implementation Years
Ongoing FY
2021-22
FY
2022-23
FY
2023-24 Completed
Goal C: Economic, Community Development and Public Safety Strategies

1. Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for
the benefit of the community.
x x x x

2. Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes
Parkway, completion of the pedestrian rail crossing,
and implementing the recommendations of the
Southern Alameda County Regional Rail Integration
Study to make the Station District a passenger rail hub served by ACE and Dumbarton Rail.
x x x x

3. Develop a multi-departmental approach to address
homelessness through coordination with staff,
community organizations and Alameda County.
x x x x

4. Work with the Union Landing Property Owner’s
Association to ensure Union Landing remains a
destination for shoppers through property
improvements, on-going property maintenance, and a
continued focus on public safety.
x x x x

5. Promote housing development for all income levels in the community by updating the zoning ordinance to
include objective standards for new multi-family
residential development in order to streamline the
review of applications for housing developments, and
update the Housing Element, to facilitate the
development of affordable housing.
x x x

6. Update the Economic Development Strategic Plan to
meet the City’s financial goals and build regional
partnerships.
x

7. Collaborate with commercial brokers on retail and
commercial opportunities for new businesses and
identify factors that will encourage high revenueproducing businesses to lease vacant properties. x x x x
City Council/RSA Agenda 111 Tuesday, August 9, 2022
Goal C. Economic, Community Development and Public Safety Page 12 Union City Strategic Plan Midpoint Update September 2021 Strategies
Implementation Years
Ongoing FY
2021-22
FY
2022-23
FY
2023-24 Completed

8. Prioritize and expedite major land use development
applications. x x x x

9. Update the short-range transit plan that includes an evaluation of providing services to the business
district and the New Haven Unified School District.
x x

10. Strengthen the Community Emergency Response
Team program through the Alameda County Fire
Department, per agreement with the County.
x x x x

11. Complete the General Plan update, the Station District Specific Plan and the Hillside Specific Plan. x x x
General Plan
Completed

12. Provide employee training for emergency
preparedness and conduct disaster response drills. x x x x

13. Align public safety services with community needs
based on a data driven decision-making approach
(i.e., emergency medical services, restoration of
terminated police programs, etc.).
x x x x

14. Update the police department strategic plan to
include reimagine policing initiatives. x x

15. Continue to review development permitting processes to streamline service and improve efficiency and
develop a communication plan to disseminate
modifications to staff and customers.
x

16. Assess the feasibility of using a private provider to add high-speed internet with the goal of reducing Union
City ISP costs and enhancing internet speed for
businesses and residents.
x

17. Create a plan for leveraging the social services
resources in Union City and the County to make
efficient use of all limited resources.
x x

18. Review the police dispatch services agreement and
conduct a feasibility study to evaluate bringing
dispatch services in-house.
x

19. Develop a space needs assessment to evaluate police and other city departments’ facility needs. x
New Strategies Added August 2021

1. Facilitate the development of entitlements and closing on the sale of the Gateway property to generate
revenue to fund the construction of Phases 3 and 4 of
the Quarry Lakes Parkway.
x x x x

2. Continue providing support to City residents and
businesses related to COVID-19 recovery. x x x x

3. Increase fines for illegal fireworks, develop and
implement a public communication campaign about
fireworks, consider banning the sale and deployment
of all fireworks if the threat to community safety is not significantly reduced during the 4th of July season.
x
City Council/RSA Agenda 112 Tuesday, August 9, 2022
Goal D. Environmental Sustainability and Infrastructure Page 13 Union City Strategic Plan Midpoint Update September 2021 Goal D. Environmental Sustainability and
Infrastructure
Create a healthy, sustainable community and maintain and improve the City’s infrastructure.

The table below contains the strategies associated with Goal D and the implementation years.

Strategies
Implementation Years
Ongoing FY
2021-22
FY
2022-23
FY
2023-24 Completed
Goal D: Environmental Sustainability and Infrastructure Strategies

1. 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.
x x x x

2. Implement the City’s capital improvement plan (see
separate document). x x x x

3. Develop a citywide information technology strategic plan and establish an IT committee to prioritize investments, implementation and staff training.
x x x

4. Evaluate development impact fees for new development infrastructure: Decoto Industrial Park Study Area (DIPSA), Transportation Impact Fee, Fire, Parks Facilities Fee,
Railroad Preemption Fees.
x

5. Review and update the tree protection program. x x x

6. Conduct a tree inventory to determine a yearly
maintenance plan for city-owned trees. x x x x

7. Update the Climate Action Plan. x

8. Convert the UC Transit fleet to electric. x x x x

9. Create and implement a plan to maintain and upgrade
the City’s buildings. x x x x

10. Develop a ten-year parks operations, maintenance and capital improvement plan. x x x x

11. Coordinate with City departments, commercial and
residential customers to implement the requirements of
state organics and food recovery legislation.
x x x x
New Strategies Added August 2021

1. Prepare RFP for Franchise Agreements for solid waste and recycling collections with emphasis on selecting vendors with resources to implement organics legislation.
x x

2. Enable a robust cyber security and information
technology disaster recovery service. x
City Council/RSA Agenda 113 Tuesday, August 9, 2022
Goal E. Communication and Outreach Page 14
Union City Strategic Plan Midpoint Update September 2021 Goal E. Communication and Outreach
Build strong connections with community partners, residents and employees.

The table below contains the strategies associated with Goal E and the implementation years.

Strategies
Implementation Years
Ongoing FY
2021-22
FY
2022-23
FY
2023-24 Completed
Goal E: Communication and Outreach
Strategies

1. Conduct outreach and community education about the
City services, financial resources, areas of cost, and
impacts of failed ballot measures on city services.
x x x x

2. Improve the delivery of and employee and community
access to the annual State of the City Address. x x x x

3. Create and implement a plan for conveying progress
and outcomes from the City’s Strategic Plan to
employees and the community at large.
x x x x

4. Enhance the role boards and commissions play in
communicating the City’s interests through training and routine engagement.
x x x x

5. Build a customer relations plan for public works and code enforcement. x x

6. Launch the newly formed Sales Tax and Utility Users’ Tax Oversight Committee, support their efforts to
review tax revenues and expenditures, and make
reports to the City Council and community at-large.
x x x

7. Enhance community and digital engagement to
improve ease of access to and the quality of
information, emphasizing information of particular
interest to businesses and residents.
x x x x

8. Develop an outreach strategy aligned with the City’s brand guidelines aimed at heightening the profile of the City within the community and region.
x x x x
New Strategies Added August 2021

1. Develop and implement a diversity, equity and inclusion approach to citywide communications and outreach. x x x x

2. Collaborate with the Arts and Culture Commission and Bay Area Rapid Transit (BART) to place murals on the
Kennedy Park BART pillars.
x x
City Council/RSA Agenda 114 Tuesday, August 9, 2022
Progress Updates Page 15
Union City Strategic Plan Midpoint Update September 2021 Progress Updates
City staff communicates progress on a regular basis to the City Council, employees, and community through updates and reports posted on the City webpage. Our methods include:
• Identify how items that are presented to the City Council align with the Strategic Plan. This is a current practice and will continue.
• Provide semi-annual updates on the Council’s top priorities for FY 2021-22 and FY 2022-23. • Prepare an annual update on the status of the entire Strategic Plan. • Ensure alignment of budget with Strategic Plan.
• Provide separate reports on the Council’s priority items as well as other Strategic Plan items that are scheduled for FY 2021-22 and FY 2022-23 as a way of providing more in-depth information.

Throughout the year, City staff will seek feedback about implementation from Council, so there is an ongoing dialogue and clear direction provided about the priorities, goals, and strategies identified in the strategic plan.

City Council/RSA Agenda 115 Tuesday, August 9, 2022
Conclusion Page 16
Union City Strategic Plan Midpoint Update September 2021 Conclusion
Our Strategic Plan is designed to guide the work and future of the City of Union City. The Strategic Plan and this midpoint update reflect the guidance of the City Council and input from our professional staff. City staff and officials are committed to continuing collaboration with the community, city staff, and elected officials in achieving the goals in this Strategic Plan.

Thank you to everyone who contributed to creating this Strategic Plan and those who are dedicated to its success.

City Council/RSA Agenda 116 Tuesday, August 9, 2022
Attachment A. Fiscal Sustainability Page 17
Union City Strategic Plan Midpoint Update September 2021 Attachment A. Fiscal Sustainability
The City of Union City’s Measure AA (½ cent sales tax) is set to expire in April 2025, and Measure WW (utility user tax) is scheduled to expire in December 2028. Without Measure AA renewal, fiscal sustainability is only expected for the next three years, and reserves will be fully depleted by FY 2027-28. Without these revenue sources, significant reductions in both services and staffing will be required, simply because sufficient funds will be unavailable to sustain the services we are now providing to the community.

Without
Measure AA
Renewal
With
Measure AA
Renewal
Baseline Budget
Without
ARPA Funds or
Measure AA
The City will incur
approximately $14 million in
revenue losses through FY 24-
25 because of the pandemic.

Without receipt of the
American Rescue Plan Act
(ARPA) funds, the budget
would require deficit spending
and operate well below the
reserve goal. The restoration
of services would be curtailed.

The ARPA funds are
instrumental to offset revenue
losses and maintain fiscal
stability. Specifically, the funds
will be used for one-time
resources towards such uses
as maintenance of
infrastructure, restoring
services to pre-pandemic
levels, and funding police and
fire services that might
otherwise need to be reduced.

Without the renewal of
Measure AA, fiscal stability
provided by the ARPA funds
will be short lived.

City Council/RSA Agenda 117 Tuesday, August 9, 2022
Attachment B. Re-Imagining Policing Page 18
Union City Strategic Plan Midpoint Update September 2021 Attachment B. Re-Imagining Policing
The City Council formed the Policing and Community Engagement Committee in June 2020 to carry out the Obama Foundation’s “Commit to Action” pledge signed by Mayor Carol Dutra-Vernaci. The pledge urged cities to review police policies and practices, engage communities about them, report findings and reform them. The committee identified four key areas to re-imagine policing, along with 11 associated strategies, which covered:
• Accountability and Transparency
• Hiring and Training
• Mental Health and Social Services
• Community Policing
City Council unanimously passed the recommendations and directed the Union City Police Department to further engage the community in the establishment of a Strategic Plan that encompasses the recommendations. Work teams were established and 17 meetings among these teams eventually produced 21 objectives and 36 strategies for the Police Department’s Strategic Plan, which will be completed in Fall 2021.

City Council/RSA Agenda 118 Tuesday, August 9, 2022
Attachment C. Pandemic Initiatives Page 19
Union City Strategic Plan Midpoint Update September 2021 Attachment C. Pandemic Initiatives
When the COVID-19 pandemic occurred, the City of Union City Council and staff took immediate action to protect its community and employees.

The Union City Emergency Operation Center team was activated to focus on three main areas:

1. Ensuring employee health, safety, and well-being

2. Providing ongoing communications to businesses and residents

3. Assessing community needs
Highlights of activities that took place between March 2020 and July 2021 related to the pandemic are listed below. • Federal reimbursement of $900,000 for emergency operations expenses during COVID-19. • Resources and safety information translated into four languages provided to all residents and businesses through the deployment of a Joint Information Center.
• Donations in the form of 10,000 reusable cloth masks, and other personal protective equipment provided to Union City from its Sister City Guro, South Korea and other agency partners. • Partnerships with Bay Area Community Health and Predicine Lab allowed Union City to host continuous COVID-19 testing sites at three locations in our community. • Numerous pop-up and temporary vaccination sites set up in partnership with the Alameda County Public Health Department and Bay Area Community Health.
• Over 11,000 lunches and bags of groceries distributed to seniors between March 2020 and May 2021 by Community and Recreation Services programs.
• $50,000 was awarded by the East Bay Community Energy to Union City nonprofit organizations with established food programs serving vulnerable residents. • $285,000 has been distributed to 64 renter households to provide financial relief (as of July 2021) • $294,000 in grants have been awarded to 32 small businesses under the City's Road to Recovery Small Business Assistance Program (as of July 2021).

City Council/RSA Agenda 119 Tuesday, August 9, 2022